As pro bono week 2011 closes -dominated this year by the proposal that lawyers should undertake 10 hours pro bono work per year- IP Lawyer of the year Philip Hannay of MacDonald Henderson is one of many working lawyers who comprise the iceberg under the surface of the pro bono debate.

The pro bono benchmark debate struck a cord. A simple analysis of my last three months at work (which includes time off for wedding and honeymoon) averages 218 hours of work a month with a 70/30 slit in favour of non-chargeable work, most of which represents pro bono SME help and support.

I would tend to agree that the suggestion of an annual 10 hour pro bono requirement is a little disrespectful to a profession who, for ethical, economic or other reasons, are clocking up this amount of pro bono activity a month or even a week. Furthermore, it may also be seen as being disrespectful to the pro bono stakeholders i.e. what would be the impact of the 10 hours anyway?

Having been involved in a number of charities across a number of sectors with varying geographical concerns I am at a loss to see what 10 hours a year would actually do. That would not even get you to Kenya and back to see the need there. Perhaps it is to be understood in the context of advising clients here in Scotland. Yet again, having had the experience of facilitating a legal advice line I am not convinced that the numbers would stack up and there would be much of a pro bono yield.

Truth be known, I am not even sure what a clear definition of pro bono is anymore. Free advice? A reflection of the morality of the legal advice provider? In my opinion, the establishment of a 10 hour quota would only serve to remove all work truly qualifying as pro bono, as the over riding incentive would become further annual mandatory compliance. That thought has an interesting parallel with the wider debate going on over the wearing of poppies.

As we approach the season of goodwill lets ensure pro bono gifts are not tied up with excessive, ineffective or naive red tape (or however else it be branded).