Do You Really Get What You Pay For? Quality and Pro Bono Advice Tony Martin and Jessica Austen BPP University

Focus on Quality in the UK Pro Bono Legal Work should always be done to a high standard - The pro bono protocol By improving the information available on the quality of legal services we anticipate that providers will be encouraged to focus on the areas of their work in need of improvement and consumers will be able to more easily identify the outcomes they can expect - Legal Service Board We believe that clients are entitled to receive a standard of service from solicitors which provides competent and ethical advice that meets their needs – The Law Society You have a system for supervising clients' matters, to include the regular checking of the quality of work by suitably competent and experienced people - SRA Handbook Outcome 7.8 There is general agreement amongst the profession and the regulators that legal services should be of a high standard, although there is not necessarily agreement as to either the definition of quality or how it should be measured. Although we may be confident that we deliver a high quality pro bono service in our clinics, how do we demonstrate this to our clients and potential clients? As the pressure for the delivery of more and more pro bono services increases we need to ensure that quality is maintained and allay any perception that, because this is free advice, it is of lower quality than paid for advice. The maxim that “you get what you pay for” is widely held! Do you get what you pay for?

Focus on Quality Internationally International Bar Association Pro Bono Declaration: “The Council calls on lawyers, law firms and bar associations to provide pro bono legal service, which is work by a lawyer of a quality equal to that afforded to paying clients …” Australian Pro Bono Manual: “The policy makes it clear that pro bono work is not treated in any way differently to paying work – both in theory and practice” PILnet Pro Bono Handbook (3.6.3 Standard of Services): “Attorneys at the firm should understand that pro bono work does not have a lower priority or standard of excellence than commercial work” Our research into over 20 jurisdictions did not identify specific quality marks akin to those in the UK aimed at legal practices. Pose question: how is quality in legal service providers assessed and recognised in your jurisdiction? Do you get what you pay for?

Internal and External Assessment Whilst we should always carry out self-assessment, external quality assessment provides a recognition that certain agreed standards have been met. Any quality assessment is a learning and development process. Going through the process of assessment will help people develop confidence in what they are doing well, stimulate new ideas, and develop a common purpose. The receiving of a quality award or certification allows us to demonstrate that we have met certain minimum quality standards. This should increase confidence amongst clients, potential clients, our parent bodies, other funders, partners … It may help (or even be necessary) to obtain funding. In the university setting there is constant review of quality of teaching, through the use of external examiners. Amongst the partners we work with most, if not all, will hold a quality award. Our students will qualify in firms with a quality award and their legal practise will undergo quality auditing. In short everyone is externally assessed for quality – except clinics. Do you get what you pay for?

Three routes to quality accreditation in UK Specialist Quality Mark (SQM) Lexcel Advice Quality Standard SQM is an outdated mark for Legal Aid firms – few, if any, chose this route today. Lexcel is the Law Society's legal practice quality mark held by 720 firms and the most recognisable, but is only achievable for law practices regulated by the Solicitors Regulation Authority. The Advice Quality Standard (AQS) is the quality mark for organisations that provide advice to the public on social welfare issues. We opted for the AQS as the SQM seemed to be irrelevant to our work and we are not SRA regulated so could not qualify for Lexcel. Do you get what you pay for?

Meeting the standard The standards cover seven key quality areas known as the Quality Framework: Access to Service: This covers planning the service, making others aware of the service and non-discrimination. Seamless Service: This covers signposting and referral to other agencies. Running the Organisation: This covers the roles and responsibilities of key staff and financial management. People Management: This covers equal opportunities for staff, training and development, supervisors and supervision and casework criteria. Running the Service: This covers client information and case management, independent review of files and feedback to advisers. Meeting Clients’ Needs: This covers information to clients, confidentiality, privacy and fair treatment and maintaining quality where someone else delivers part of the service. Commitment to Quality: This covers complaints, other user feedback and maintaining quality procedures. Do you get what you pay for?

The audit Desktop audit – policy and procedures required for first applications Onsite audit – inspection of files, interview with staff and volunteers and any issues arising under the desktop audit If there are corrections needed from either the desktop or onsite audit then 28 days are allowed to comply Re-auditing every 2 years Do you get what you pay for?

Costs of AQS The costs of audit are dependent on the number of staff Desktop audit £400 Onsite 4 – 15 staff £1100 Staff preparation time Interviews with the auditor Do you get what you pay for?

Was it worth it? The audit made us look critically at our policies/procedures and how far our practice mirrored our policies/procedures; It provided a fresh perspective on file reviews; It was a positive learning process; The award of the AQS allows us to demonstrate externally (clients, partner agencies etc.) our commitment to quality; There were many positives in the report. The main difficulties we encountered were around risk assessment and financial control (given that these take place in the organisation along way from the clinic) and long term planning. Share some of the positives – from the annual review. And you get a nice logo for your headed paper and website! Do you get what you pay for?

Recognition of Quality Mark (QM) 65% of students recognised Lexcel 8% of students recognised AQS 80% of students agreed that a QM demonstrated commitment to quality 87% of students said it was important that pro bono providers held a QM 66% of firms said they would prefer to work with a pro bono project holding a QM The award of the quality mark also raised our profile internally and generated press coverage. Do you get what you pay for?

The last word from a student “The role of the BPP Legal Clinic Adviser affords a glimpse of what your professional duties as a lawyer will entail in practice.” Evgenia Kabanova, Legal Practice Course Student Do you get what you pay for?