Towards a proactive pro bono

This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which has existed from the advent of a democratic South Africa until the present. Law as a vehicle for necessary positive change in the daily lives of South African residents is pertinently considered within the country’s woefully unequal socio-economic climate. This paper considers the role which pro bono work by private attorneys is playing and should play in promoting a more just and equitable society through proper access to justice. It explores the current position in South Africa as well as the position in selected foreign jurisdictions regarding pro bono services by attorneys in private practice in civil matters. Part of the discussion focuses on the question of whether pro bono work should be voluntary or mandatory. The merits of introducing a pro bono obligation are critically analysed by looking at the effect on both legal practitioners as well as those receiving the pro bono services. Having defined pro bono work, the practical need for pro bono work by lawyers in private practice is highlighted due to the dearth of legal aid in civil matters for indigent South Africans. Possible constitutional imperatives for the provision of free legal services in civil matters are highlighted. An important part of the paper is a reflection on some of the pro bono work being conducted by private firms of attorneys. The paper concludes with suggestions on means for establishing a more effective pro bono system in South Africa.

This book explores the aspirational principles and actual practices concerning lawyers' pro bono service. It begins from the premise that both the profession and the public have much to gain from reducing the gap between ideals and institutions. To that end, the book provides the first broad-scale study of the factors that influence American lawyers' pro bono work, including an original empirical survey of over 3,000 lawyers. Attention is focused on the workplace factors and law school experiences that encourage charitable public interest activities. The book also includes the first comparative study of public service by looking at volunteer work by other professionals and by lawyers in other countries. Part I of the book explores the literature on altruistic commitments among the public in general, and lawyers in particular. Part II traces the evolution of attorneys' pro bono responsibilities. Part III presents findings of the empirical survey. Part IV draws on these findings, together with prior research, to propose strategies for increasing and improving lawyers' pro bono activity.

This collection of original essays by leading and emerging scholars in the field examines the history, conditions, organization, and strategies of pro bono lawyering. Private Lawyers and the Public Interest: The Evolving Role of Pro Bono in the Legal Profession traces the rise and impact of the American Bar Association's campaign to hold lawyers accountable for a commitment to public service and to encourage public service within law schools. Combining empirical legal research with reflections by practitioners and theorists about the meaning and practice of pro bono legal work, this collection of essays interrogates the public service ideals that are inscribed within the legal profession and places these ideals within a broader social, economic, ideological, and normative context. Particular attention is paid to the factors that explain why lawyers engage in pro bono work and the ways in which their views of pro bono are mediated by the institutional context of their legal practice. The book also explores the concept of "public" in public service and compares pro bono as a means of delivering legal services with other mechanisms such as state funding. Collectively, these essays investigate the evolving role of pro bono in the legal profession and in law schools, the relationship between pro bono ideals and pro bono in practice, the way that pro bono is shaped by external forces beyond the individual practitioner, and the multi-faceted nature of legal professionalism as expressed through pro bono practice.

<p>In England and Wales, there is an increasing need for the provision of pro bono legal services. Law students may be a resource that can help fill the access to justice gap, whilst at university and onwards in their future careers. Whilst some students are intrinsically motivated towards altruistic behaviour, many are not. This article will consider what motivates students to undertake pro bono work whilst at law school.</p><p>The article will explore the range of intrinsic and extrinsic motivating factors for student participation in pro bono programmes and consider how students can be encouraged to engage in such activities. The article will also consider whether exposure to pro bono experience can instil a public service ethos in students.</p>In conclusion, the article will highlight experience as an influential factor in encouraging initial participation in pro bono work but also instilling a willingness to undertake pro bono work in the future.

In creating a culture of service, can law firms engage transactional lawyers in pro bono work too? In this chapter, Daniel Greenberg argues that firms can, if their pro bono programs move beyond litigation and incorporate transactional projects that build on the skills and knowledge of what their transactional lawyers do. At Greenberg's firm, their pro bono program successfully recruits volunteer transactional lawyers to represent nonprofits just like they represent their corporate clients advising on real estate issues, drafting contract language, or addressing intellectual property concerns. –Eds. Any analysis of access to justice for Americans of average means must take note of the pro bono programs of major law firms. They are a huge potential source of advocacy for individual Americans of average means, and for the organizations that advocate for them. To maximize that potential, these firms will need to expand their services not by doing more of the same, but by rethinking the structure of their pro bono programs. This chapter argues that when a firm adopts a transactional pro bono model, thus transforming the scope of its services, not only will Americans of average means benefit, but the firm, its partners and associates will end up benefitting as well. Historically, as is still the case in most law firms today, pro bono work has been tied to the firm's litigation practice. In the 1950s, the NAACP Legal Defense Fund, Inc. used courts to jump-start the civil rights movement. In 1963, President John F. Kennedy enlisted fifty of the country's largest law firms to work for equal justice through litigation with the creation of The Lawyers Committee for Civil Rights under Law. Framing large issues in law reform terms, and using class action litigation as its tool, private lawyers attacked segregation, discriminatory education and election laws, and other civil rights violations in federal courts that were largely sympathetic to their cause. Simultaneously, new legal services arose with a focus on the rights of poor people. These programs collaborated with big law firms in their quest for housing rights, access to government benefits, and consumer protections. Later, advocates in the women's, anti-war, and environmental movements emulated this model.

Much extant research suggests that students who enter law school highly enthusiastic about public interest law and pro bono work often take mainstream jobs with minimal participation in pro bono activities. Frequently, these studies place some of the blame on law schools. This study, however, suggests that law schools, as well as mentors in first post-graduation jobs, might positively affect attorneys' level of commitment to pro bono work. This longitudinal study is unique in that it includes measures of students' attitudes during law school and in mid-career. It raises the possibility that attorneys whose level of commitment to pro bono work did not decrease since law school were substantially influenced by their law school training and early career mentors. Although some students will leave law school with less dedication to public interest law and pro bono work, this study offers hope that, through legal education and mentorship, other students will maintain their strong commitment to helping poor clients.

Crime victims often experience a host of negative consequences. In relation to these consequences, crime victims may also find themselves in need of assistance from the criminal justice system and civil legal service providers. Despite this need, crime victims often lack access to civil legal services. One way to potentially improve the availability and accessibility of civil legal services for crime victims is to increase the provision and availability of pro bono services; however, the way that attorneys perceive pro bono service for crime victims may be an impediment to service provision. Despite this, little is known about how private attorneys view pro bono work with crime victims. We examine how private attorneys view pro bono work with crime victims, the barriers to this service and what may incentivize them to engage in this work by utilizing data from a project assessing the civil legal needs of crime victims in the state of Georgia (USA). We find that a relatively small proportion of private attorneys in Georgia engage in pro bono work with crime victims. Barriers and incentives to pro bono service engagement and implications are discussed.

Purpose This study aims to investigate the motivations behind service professionals’ pro bono work in two distinct cultural contexts – Australia and Vietnam, grounded in the culture theory and self-construal theory. It examines how bicultural differences (individualism vs collectivism) influence these motivations and their impact on pro bono satisfaction and behavioral intentions. Design/methodology/approach This paper first conducted in-depth interviews with professionals in Australia and Vietnam to refine the study measures. This paper then administered surveys across service sectors among professionals in both countries – Australia, representing an individualistic culture, and Vietnam, a collectivist one – using comparable data collection procedures. Findings The study results indicate that Australian professionals place high value on personal recognition, while Vietnamese professionals are primarily motivated by philanthropic values and a sense of social responsibility. No significant differences were found between the two groups regarding perceived lack of appreciation and organizational expectations. Originality/value There is no cross-cultural evidence explaining why professionals donate their time and skills. Most existing studies focus on a single service industry within a specific cultural context, limiting the generalizability of their findings. This is the first study to examine bicultural differences in pro bono motivations and behavior among service professionals, contributing to the service literature on giving. Understanding these motivations can help multinational nonprofits develop targeted strategies to attract and retain service professionals.

Ethics in Pro Bono Practice

Ethical public relations: Pro bono work among PRSA members

Background and Purpose. Pro bono physical therapy services have become an integral aspect of community service due to recent changes in health care reimbursement limitations. Physical therapist educators are expected to introduce their students to the concept of social responsibility and human service activities. Model Description and Evaluation. pro bono clinic was designed to meet critical needs of the physical therapist students at our academic institution, as well as patients within the community. This clinic introduced the students to patients and the roles and responsibilities of patient care prior to their first clinical educational experience, which helped to relieve anxiety, promote professional socialization, and enhance retention of learned materials. Students participated in a mock clinic within the pro bono setting where they assumed the roles of patient, physical therapist, and peer evaluator. Within this mock clinic, students were required to present assigned patient diagnoses in a grand rounds formal, which helped to reinforce didactic knowledge and enhance verbal and written communication. Outcomes and Discussion. Students gained exposure to the clinical setting itself, experienced the patient-physical therapist relationship, and interacted with their peers and faculty members. The patients not only received treatment without cost, but they benefited from the time with the students as they educated them on their pathologies and functional limitations. Faculty benefited from becoming role models the students, improving relations and communication with the students, and observing and mentoring the students in a small group setting. Conclusion. Limitations implementation of this clinic were minimal. It is anticipated that this unique model will enhance students' clinical performance, provide faculty with clinical practice opportunities, and fulfill the health care needs of the community. Key Words: Pro bono, Mock clinic, Faculty-student clinic. BACKGROUND AND PURPOSE Due to recent changes in the health care system, many individuals are unable to afford adequate insurance coverage. This has affected individuals of all ages, especially those self-employed and unemployed. Those employed utilizing managed health care have seen a reduction in the types and numbers of reimbursed services. Within physical therapy, this reduction in the number of allowable visits has held the patient accountable financially, when and if they want to extend the length of their nonreimbursable treatment. For those patients with chronic conditions, health care coverage is inadequate to address their long-term needs.1,2 These needs, both rehabilitative and preventative, can be addressed through pro bono services. Pro bono publico (Latin for the public good) service is an age-old concept under which goods or services are given at a small fee or free of charge to those who cannot afford them.3 This provision of free services is strongly supported in the legal and health care professions. The American Physical Therapy Association (APTA) Code of Ethics, Principle 10, states A physical therapist shall endeavor to address the health needs of society,4 while the APTA Guide Professional Conduct, Principle 10.1, states, A physical therapist shall render pro bono publico (reduced or no-fee) services to patients lacking the ability to pay services, as each physical therapist's practice permits.5 Changes within the health care system have also affected the environment within physical therapy clinics. The current increased pace within the clinical facilities requires the novice physical therapist (PT) practitioner to be adaptable and flexible to accommodate to the fluctuating clinical demands. Because of the expansion in physical therapy scope and domain of practice, the traditional organizational box that defined who PTs are, what they do, and where they practice has been altered. …

Danish lawyers have long positioned themselves as fundamental pillars of the Rechtsstaat, portraying their independence and adherence to professional ideals as central to serving the public good. However, this traditional image has been increasingly challenged by the rise of large law firms taking advantage of deregulation and globalization. This has placed lawyers under a cross-pressure forcing them to compromise on their traditional defining characteristics. Large law firms, serving as advisors to clients such as major corporations and organizations, have distinguished themselves from the rest of the legal field with new professional projects. To regain some of the lost credibility, the largest law firms reformulated voluntary work as a professional project from being legal aid to individuals to US models of pro bono directed at NGOs and charity leading to further differentiation between lawyers. This article examines this dilemmatic cross-pressure between the differentiation of professional spaces in Denmark and the development of voluntary work as professional projects to regain the lost credibility as a profession working for the common good. It is based on a qualitative document analysis of 632 issues of the Danish Bar and Law Society's trade magazine for the period between 1976 and 2018 and qualitative interviews.

Theory Medical pro bono, in which medical professionals provide no (or low) cost services, is one approach to addressing unmet healthcare needs. Prior efforts to understand who chooses to take part in pro bono and why they might do so have been primarily atheoretical in their approach. The current investigation focuses on students in medical school and draws on relevant theory and research in psychology to identify predictors of their intentions to engage in medical pro bono service during and after medical school. Hypotheses:Four major approaches to identifying predictors of medical pro bono are examined: the role of demographic variables as predictors of medical pro bono, conceptualizing medical pro bono as a form of volunteerism, viewing medical pro bono as an expression of personality, and medical pro bono as a reflection of role identities and expectations. Each of these approaches can be characterized as being about medical students’ individual attributes or aspects of the situation they are in. Methods A total of 278 medical students from 15 different medical schools in the United States of America completed a web-based survey (8/4/2020–9/22/2020). The students completed measures of pro bono identity and expectations, intentions to engage in medical pro bono activities, prosocial personality, volunteer motivation, exposure to volunteering, general traits of personality, and demographic variables (in this order). We used linear regression analyses to separately predict three measures of intentions (general medical school intentions, intentions toward medical pro bono trips during medical school, and general post medical school intentions). Results The strongest predictors of intentions to engage in medical pro bono were one’s identity and expectations related to pro bono. Medical students who had incorporated medical pro bono into aspects of their identity and/or considered medical pro bono to be an expectation indicated higher intentions to engage in medical pro bono work. Conversely, volunteer motivation/exposure, personality, and demographic variables were much weaker predictors of medical pro bono. Conclusions The findings of the present study have implications for ways that medically oriented volunteering may be increased by individual-level interventions and/or changes in medical education. Individual-level interventions could leverage the importance of identity and expectations to craft persuasive messaging to appeal to identity and expectations as drivers of engagement in medical pro bono. Program level interventions could work toward the institutionalization of medical pro bono by the inclusion/promotion of medical pro bono into the program’s co-curricular and/or extracurricular activities.

ABSTRACTThis article examines the personal values and private motivations of legal practitioners who engage in the provision of legal services pro bono publico. It analyses the results of a 2014 empirical study of lawyers in Queensland, Australia, who regularly undertake pro bono work. The findings suggest strong moral and professional motivations for engaging in pro bono legal practice, as well as a distinct ‘community of practice’ of large law firms in forming and sharing sophisticated structures and approaches to addressing social justice needs. However, the study also revealed a range of potential drawbacks arising from the dominance of the large law firm sector in this field. In addition, respondents from small firms and sole practitioners indicated the many ways in which they are excluded from the pro bono community. The article draws on US scholarship which urges us to think about the ‘content and impact’ of pro bono work to achieve real outcomes and to address the widening gap in provision of legal assistance created by decreasing government funding. We conclude that a particular sensitivity to the context of practice is needed in our conception of pro bono practice.

The purpose of this study was to develop and validate a scale for predicting the intention of pre-service physical activity instructors for persons with disabilities to participate in pro bono work, based on the Theory of Planned Behavior. This study analyzed 322 university students majoring in adapted physical activity in South Korea. To determine the purpose of the study, the EFA using SPSS 21.0 and CFA using AMOS 21.0 were used to confirm the validity of the measurement tool and the relationship between latent and observed variables. Further, the Cronbach’s alpha was used to identify the internal reliability. As a result, first, the questionnaire used in this study was validated based on the theory. Second, the behavioral belief was influenced by teaching experience about physical activity for the disabled and knowledge about physical activity for the disabled. Third, the normative belief was influenced by the parents of people with disabilities, people with disabilities, family members, friends, and students in my department. Fourth, the control belief was influenced by the state of mind of physical activity instructors for people with disabilities, the ability to create an IEP, and the ability to do physical activity.