Pro bono work has always been willingly undertaken by solicitors and advocates as part of their civic duty to clients who have no means to pay. Richard Keen QC says the work of the Faculty of Advocates Free Legal Services Unit needs equal commitment from willing solicitors' firms to enable the vital service to continue.

The Faculty of Advocates Free Legal Services Unit raised their profile and attracted an encouraging number of visitors at its exhibition stand at the recent S2S Social Enterprise Trade Fare at Edinburgh Corn Exchange. Many were perhaps surprised to see the Faculty represented at all; all were intrigued by the juxtaposition of the words "free" and "advocate" but most left impressed after an explanation of the role played by the FLSU in providing access to justice.

Of course pro bono work is nothing new to advocates. They have always accepted it as part of their public duty to represent without fee those who cannot otherwise afford to vindicate their rights. An Act of 1424 authorised the courts to provide an advocate in civil case for "onie pure creature, for faulte of cunning, or expenses, that cannot, nor may not follow his cause."

The FLSU can be seen as a modern manifestation of the Faculty's pro bono commitment and can be regarded as an additional safety net not a substitute for a system of properly funded legal aid. The FLSU has a panel of more than 60 volunteer Queen's Counsel and advocates from the practising Bar who can provide up to three days of free legal advice in all areas of law both criminal and civil, including representation in any court and tribunal in Scotland. The help includes written advice, advice in consultation and the provision of a mediator with the unit aiming to ensure that the pro bono work is carried out to the same high standard as if the case were funded.

Cases are referred to the FLSU through a number of advice agencies including Citizen's Advice Scotland, Shelter, the Ethnic Minorities Law Centre and the Drumchapel Law and Money Advice Centre. A look at some of the recent referrals that have been handled by the FLSU suggests that its work is becoming increasingly important in a wide variety of cases that have real merit but where there is no other means of redress. Iain Mitchell QC and Donald Campbell helped a Glasgow care home employee win his racial discrimination action after nine years by cutting through what the Court of Session described as a case of "grotesque length and complexity." Lord Reed described the willingness of counsel and solicitor to provide their services free as reflecting the best traditions of the legal profession.

Mr Mitchell was also involved on the FLSU's behalf in providing an important opinion for the Scottish Young Lawyers' Association concerning the legal status of the traineeship contract and whether trainees can be made redundant. Advocate Stephen O'Rourke was involved in a pro bono case which involved a threat to evict the Capacity Building Project charity from the Craigmillar Community Centre in Edinburgh which is used by several local groups. Capability Scotland turned to the FLSU for help with its Barred! Campaign aimed at highlighting the physical access barriers which prevent disabled people from enjoying a full and active social life in clubs and pubs. Sir Crispin Agnew of Lochnaw QC provided free legal advice to pave the way for an amendment to the Criminal Justice and Licensing (Scotland) Bill which will create an obligation on licensees to provide a statement of accessibility as part of their licensing plans. Most recently, in a case referred by Planning Aid, residents in the historic Fife town of Falkland enlisted the help of the FLSU in averting the threat of the complete demolition of a 200-year-old wall. Sir Crispin Agnew and junior counsel Greg Sanders were involved in drafting a petition for judicial review and were about to ask the Court of Session for an interim interdict to prevent further damage to the wall when Fife Council issued a STOP notice to halt any other demolition work for the time being.

The case of the Falkland wall did highlight a problem that the Free Legal Services Unit sometimes faces in finding a firm of solicitors able to assist in cases where litigation is required. With some difficulty the FLSU finally managed to instruct Cupar solicitors Rollo Davidson McFarlane who did provide invaluable assistance. Although the Unit has a good working relationship with a small number of larger firms, the FLSU would welcome a closer working relationship with other individual firms of solicitors or indeed the Law Society in this particular matter which would not only help the work of the unit but also be for the ultimate benefit of the client. In the meantime the FLSU will be represented at the pro bono conference at Victoria Quay organised by Elish Angiolini QC, the Lord Advocate. The conference is entitled: ÒFor the Public Good: The Future of Pro Bono Services in Scotland' a future in which the Free Legal Services Unit of the Faculty of Advocates expect to play a vital part.