LawWorks In-House Pro Bono: Challenges and Opportunities Regulatory guidance and future developments Richard Pitkethly

Rules - overview In-house (and private practice) solicitors do not tend to have authorisation and limitations on their practice at the forefront of their mind Many pro bono opportunities for in-house solicitors in the LSA, however … Current SRA rules can be overly restrictive and complicated SRA rules not always drafted with pro bono in mind – over-reliance on waivers or concessions SRA guidance does not always provide answers Regulatory landscape opaque

Regulatory guidance Available via LawWorks’ website at: https://www.lawworks.org.uk/solicitors-and-volunteers/resources/lawworks-practice-guidance-house-solicitors-and-pro-bono Focused on in-house solicitors Covers the statutory rules, case law and the SRA rules of practice (i.e. the Handbook) Covers the 3 main ways to volunteer: i) Not-for-Profits, ii) Secondary Specialisation and iii) clinics Includes discussion of insurance and practising certificate requirements Will be updated to include developments, including the SRA’s new set of practice rules

1) Headline points Few restrictions on what in-house solicitors are permitted to do in practice In-house solicitors may (subject to certain restrictions): provide legal services to charities/not-for-profits provide legal services to the public via external or internal clinics or through secondary specialisation programmes

2) Headline points In-house solicitors may: provide legal advice undertake litigation work undertake advocacy

Legal advice With a few exceptions, legal advice is a ‘non-reserved’ activity (Legal Services Act 2007) Legal advice may be provided via NfPs, Secondary Specialisation programmes and clinics Restrictions around certain areas, such as immigration law, consumer debt/credit and the preparation of property documents (i.e. ‘reserved instrument activities’) possibility of partnering with authorised firms / NfPs (e.g. Citizens Advice re debt/credit) Watch this space - ‘reserved instrument activities’..?

Litigation work All litigation work may be undertaken in courts and tribunals (excluding immigration work, etc.) prior to issue, including LBA, Claim Form/PoCs All litigation work, including after issue, can be undertaken in relation to proceedings in the ET, EAT and the First-tier Tribunal (Social Entitlement Chamber), e.g. welfare benefits appeals A great deal of litigation work (e.g. correspondence, advisory and ADR) may be undertaken in other courts/tribunals after issue (see LawWorks’ guidance at paras 36-46) Watch this space… LSA, Sch 3 litigation exemption from authorization requirement … ?

Advocacy Advocacy may be undertaken in the ET, EAT and First-tier Tribunal (Social Entitlement Chamber) We do not currently recommend advocacy in ‘reserved’ courts and tribunals (see LSA, Sch 2 and LawWorks’ guidance at paras 35-35, 80-83 and Appendix 1) Watch this space … LSA, Sch 3 exemption..?

New rules – September 2019? SRA to implement new rules PFR 4.10 dispensed with, removing one of the main barriers to relying upon exemptions in LSA, Sch 3 Watch this space … better understanding of section 15 LSA / waiver or concession re undertaking ‘reserved’ work while volunteering outside the course of employment (e.g. through external clinics /secondary specialisation programmes)?

The end… Richard Pitkethly 0207 092 3950 richard.pitkethly@lawworks.org.uk