Why Pro Bono?

One need not look very far to see that the challenges of accessing justice are increasing daily.  More and more people are appearing in court without a lawyer, largely because they cannot afford one.  The gap between rich and poor has widened, the law has become increasingly complex and severe budget cuts have had a dramatic impact on the availability of legal aid.  Social service and community organizations that have traditionally assisted those with limited means are finding their resources stretched to the limit.  The challenges of gaining equal access to justice are real.

Lawyers hold a unique place within the justice system and are well positioned to respond to the urgent need that exists in our communities.  Canada, Australia, the United States and Britain are just some of the countries around the world where the legal profession itself has taken a leadership role in finding ways to promote lawyers’ participation in pro bono work.

The responsibility to do pro bono work is premised on the proposition that no one should be denied access to justice because of poverty.  In a modern democracy that is dedicated to the rule of law, the justice system should be accessible to everyone. 

It is Pro Bono Law of BC’s strongly held view that government has the primary responsibility to provide adequate legal aid to ensure equal access to justice.  The legal profession does, however, play a fundamental role in ensuring the proper administration of justice.  Even with a properly funded legal aid system, there have always been those who lack the means to obtain legal advice or assistance.  Lawyers who believe they have a moral or professional duty to break down the barriers that prevent full access to justice represent many of these people for free.  These pro bono activities in the public interest are an important aspect of professionalism and the practice of law:

The lawyer’s function is grounded in role morality, the idea that special obligations attach to certain roles, in this case, to render justice.  Lawyers claim autonomy to perform their functions as a consequence of specialized knowledge and skill.  The state grants autonomy, an effective monopoly, in exchange for lawyers, as officers of the court, discharging their duty to further equality before the law.  After all, the very reason the state conferred such a monopoly was so that justice could best be served, a notion that surely means that even those unable to pay or those pursuing an unpopular cause can expect legal representation.  A lawyer’s duty to serve those unable to afford to pay is thus not an act of charity or benevolence, but rather one of professional responsibility, reinforced by the terms under which the state has granted to the profession effective control of the legal system.