The idea of pro bono work is slowly gaining credibility, but it is still not widely available and many lawyers remain sceptical
BERLIN (TrustLaw) – A decade ago it was illegal for lawyers across Brazil to offer free legal assistance.
Today the idea of pro bono work - free legal help for those unable to pay - is slowly gaining credibility, but it is still not widely available and many lawyers remain sceptical.
Persuading state bar associations to adopt the practice remains a key challenge in Latin America’s biggest country, says Marcos Fuchs, executive director of the Brazil’s Instituto Pro Bono (IPB).
When the institute emerged in 2001, the Brazilian Federal Bar Association and state bar associations considered pro bono to be illegal and unethical on the grounds lawyers and law firms might use it to capture new clients through unfair competition, Fuchs said.
“Since we started in 2001, I have been visiting more than 15 states in Brazil to promote and ‘sell’ the idea of pro bono initiatives,” Fuchs said ahead of an international pro bono conference in Berlin this week. “Unfortunately, bar associations have thought pro bono is not a good flag to raise votes.”
With the institute’s support, the state bar associations of Sao Paulo and Alagoas have since enacted regulations allowing pro bono work. But such services are still only allowed for non-profit organisations without financial resources, not for individuals, Fuchs said.
One of the institute’s greatest challenges is to persuade the bar associations of several other states to adopt pro bono resolutions and to create non-governmental organisations similar to the IPB, Fuchs said.
“We believe that access to justice must be viewed as one of the most basic human rights and a fundamental requirement of a democratic state of law that intends to guarantee and not just proclaim the rights of all,” he added.
The institute is pushing for the Federal Council of the Brazilian Bar Association to adopt national pro bono regulations, which would permit private lawyers to perform pro bono work throughout Brazil and directly serve people on low incomes, he said.
The institute also aims to increase the number of volunteer lawyers and law firms enrolled in its pro bono work.
LOOKING TO THE FUTURE
Despite the challenges the institute has already created the first clearinghouse mechanism in Brazil. It has registered 535 volunteer lawyers, as well as law firms, in the project, Fuchs pointed out.
To promote the culture of pro bono in Brazil, the institute is garnering support from the country’s younger generation of lawyers.
“The university student studying law has a duty to use his or her knowledge of the justice system to give back to the community,” Fuchs said. “The institute hopes to expand its membership of volunteer lawyers by tapping into the energy and idealism of law students.”
Through a task force the institute launched last year, voluntary attorneys and students visit communities in need in Sao Paulo city, bringing citizens legal guidance on various issues. The project boosts the “democratisation of information”, while also helping young lawyers learn the ropes, Fuchs said.
“The pro bono community effort creates the opportunity for attorneys and law students to have contact with diverse social realities, better understanding the problem involving access to justice in our country.”
Another programme run by the institute – Pro Bono Jr – also engages young people in pro bono.
This project encourages law students to dedicate part of their time to pro bono advocacy by working as assistants to voluntary attorneys.
“Through the Pro Bono Jr programme, the IPB would encourage law students to participate in pro bono projects. They are providing access to justice for vulnerable groups in Brazil.”
The pro bono conference is organized by PILnet, The Global Network for Public Interest Law
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