Dan Jacobs Project Officer, National Pro Bono Resource Centre.

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Presentation transcript:

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: