Dan Jacobs Project Officer, National Pro Bono Resource Centre
A national and independent centre of expertise Grows the capacity of the Australian legal profession to do pro bono legal work Undertakes policy and research work (no front line service delivery) Produces resources and directories for CLCs and other community organisations on how to obtain pro bono legal assistance and partnerships
Research Report (127 pages) Started mid 2012, released October 2013 Spoke to 64 people from 42 organisations, including CLCs Family law practitioners Large and small law firms Courts Legal Aid
No surprise: there is great unmet need in family law reported at every level - CLCs, private lawyers, Legal Aid and the Courts There’s good news… pro bono assistance is often available in family violence matters (incl FVOs and Victim’s Compensation) … and there’s bad news… pro bono assistance is very hard to obtain in family law matters Large firms can’t/won’t undertake pro bono legal work in family law Family Law Practitioners and small firms are already at capacity, providing extra, uncharged work for current clients (especially when legal aid grants run out)
Is the unmet legal need compatible with the legal assistance available, based on the scope of the firm’s pro bono policy? Do the firm (and its lawyers) have expertise in the relevant area of law? Is the matter a discrete task? Do the firm (and its lawyers) have the capacity to take on the matter? Is there willingness and interest from lawyers within the firm to undertake the work?
Family Law “Pro bono is not a substitute for legal aid” Don’t want to be a drop in the bucket Family Violence Family violence is an issue that affects client groups that many firms focus on Wish to provide a holistic service
Family Law Large firms do not do family law The Family Law Act and family law matters in general are large and complex Family Violence Smaller body of legislation on Family Violence Orders and Victims Compensation Lack of expertise can be overcome by training
Family Law Small firms and individual family law practitioners which tick other boxes do not have capacity Family Violence Large firms do have capacity Often easier to estimate time in a Family Violence Order or Victims Compensation matter
Family Law Discrete tasks are rare in family law Trying to separate out ‘discrete tasks’ can do more harm than good Family Violence Legal issues are relatively straightforward, Acts are not overly complex, comparatively Tasks can often involve drafting only (i.e. Victims Compensation)
Family Law Family Law Act and the matters themselves are perceived as complex Involves difficult and/or emotive clients Family Violence Women escaping abusive relationships are recognised as a deserving, particularly vulnerable group
For an individual matter: Law Society of NSW Pro Bono Scheme NSW Bar Assoc Legal Assistance Referral Scheme Justice Connect (fmly PILCH NSW and PILCH Vic) To find a pro bono partner for a project: National Law Firm Directory (on our website) Find a contact with a link to your Centre or your community Network - attend conferences, training etc Speak to us, CLC NSW and/or Justice Connect Refer to Pro Bono Partnerships: A Practical Guide to What Works for more information
Best Practice Guide (246 pages) Different sections for different audiences, including CLCs Provide practical tips on how to attract pro bono partners and then maintain the relationship Provides examples of successful partnerships and projects, includes “real world” advice on pitfalls to avoid
Pro Bono Partnerships: A Practical Guide to What Works Pro Bono Legal Services in Family Law and Family Violence: Understanding the Limitations and Opportunities Both available for download at: Printed copies available by contacting the Centre: Phone: