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19 Feb 2010

For the greater good or your own?

In analogue days, a fair proportion of a solicitor’s daily work would be done pro-bono. Now, it is virtually unheard of, supplanted by ‘corporate social responisbility’. Scott MacMaster, alumnus of Strathclyde University Law Clinic and trainee solicitor at Shepherd & Wedderburn, reminds us not to lose focus on the good work. 

As many readers will be aware (or perhaps not) National Pro Bono week took place across the UK between 9 and 13 November 2009. To mark this event in Scotland the University of Strathclyde Law Clinic played host to the great and the good of the Scottish legal profession, including the Lord Advocate, the Rt Hon Elish Angiolini, the President of the Law Society, Ian Smart and the Sheriff Principal of Glasgow, James Taylor QC, in order to launch a number of new initiatives designed to extend its role in helping to provide access to justice.  

These include Initial Advice Centres which are uniquely staffed by qualified solicitors providing on-the-spot advice, a Greenock outreach project which is a direct transposition of the Clinic’s services to an area identified as in need of legal assistance and a Prisons Project which will see advisors presenting information to prisoners on their employment rights to empower them with the knowledge to tackle future legal problems.
 
It is noteworthy that, as far as I am aware, this was the only, and possibly the first event of its kind in Scotland designed to celebrate and promote pro bono.  Indeed, the interest from such a wide ranging number of legal practitioners, academics and service providers could be seen as a sign of the times and evidence of a growing shift in attitudes within the profession.  

The Lord Advocate, who spoke at the event, is extremely keen to kick start a culture of commitment to pro bono within the profession and there are moves towards establishing an organisation to match the English and Welsh LawWorks (formerly the Solicitors Pro Bono Group).  This has been in operation for a number a number of years supporting, promoting and encouraging a commitment to pro bono throughout the profession down south and -slowly but surely- progress is being made in Scotland.

Of course, high on the agenda of many firms is corporate social responsibility and this is seen as a way in which lawyers and the profession can give back to the community and protect our environment.  Admirable and worthwhile as these goals may be it has always been something that has confused me when law firms, who have a wealth of experienced and knowledgeable lawyers whose skills have developed over years of practice, send personnel to paint a school or plant trees. 

Surely, as the director of the Law Clinic, Professor Donald Nicolson argued at the launch, charity should begin at home and the most useful contribution that a lawyer can make to society is to ensure that as few people as possible are excluded from receiving the benefits of skilled legal services.  Indeed, Lord Phillips of Sudbury, the founder of the Solicitors Pro Bono Group, asked during his address “if we are professionals, what is it that we profess?” 

Now, I don’t mind admitting that I was also initially slightly confused by this statement. However on reflection I think he was raising a question about the true meaning of professionalism and suggesting that in return for the status and wealth afforded to lawyers there exists a specific responsibility to one’s community to ensure, through a commitment to perform pro bono work of one form or another, that as few people are denied the benefits of proficient legal services.  Indeed, the enthusiasm displayed by my predecessors and the entire student body of the Law Clinic displays a commitment to pro bono in the future.  Admittedly, not all lawyers have the time to devote to meeting this responsibility directly, but, if so inclined, they can always provide much needed funds to those who currently do have this time. No doubt the Law Clinic for instance would be happy to receive any donations to support its valuable work.  As its director stated at the launch, those currently studying law at University present the new generation of lawyers, a generation which I feel proud to be a part of. 
 
Inspired by a concern for the welfare of society and providing access to justice for all I recognise the same determination amongst my peers and indeed Law Clinic Alumni returning to staff our Initial Advice Centres.  If they are inspired to continue their pro bono commitment once in practice, the future of pro bono in Scotland looks healthy.
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