Clive Thomas is the Managing Director and Head of the Personal Injury Team at Watkins and Gunn Solicitors . Alongside this, Clive sits on The Law Society’s National Board for Wales, is the Law Society Council Member for South Wales and the Co-Chair of the Pro Bono Committee for Wales.

“This isn’t the Citizens’ Advice Bureau!” was the regular refrain shouted by senior partners back in the day i.e. why are you doing free legal work, as a law firm is a business like any other…and that was at a time when there was a lot more access to free and funded legal advice through the Green Form scheme than there is now. However, I believe that to be a good lawyer now, you need to balance the commercial reality of our job with your own values and desire to support the community. 

Pro bono is short for the Latin phrase “Pro Bono Publico” meaning “for the public good”. Pro bono legal advice means legal work undertaken voluntarily and without payment. It could be simple advice or include drafting, representation and advocacy. Pro bono work could be structured through volunteering or ad hoc, when you help someone in a difficult situation who can’t afford to pay or who just needs a little bit of help, and it just does not feel right to charge. Lawyers already do a huge amount of unsung free work without labelling it or recording it as pro bono.

When advocating pro bono work you often get pushback from other lawyers who feel that pro bono work is propping up a failing system that needs government investment in legal aid. It is a good point…but for me not a winning one. I agree that greater provision should be made for legal aid as underfunding by progressive governments has led to advice deserts in Wales, and other parts of the country. I also firmly believe that pro bono work should not be carried out where there is an opportunity of help through the legal aid scheme – such clients should be referred to a legal aid lawyer. Taking this into account, a better definition, then, of pro bono is given within the Joint Pro Bono Protocol for Legal Work as “legal advice or representation provided by lawyers in the public interest including to individuals, charities and community groups who cannot afford to pay for that advice or representation and where public and alternative means of funding are not available.”  

As well as providing pro bono legal support, what can be equally helpful in enabling access to justice is actively signposting to a pro bono supplier in an area in which you do not specialise. One of the obstacles to active signposting in Wales has been a lack of knowledge and information on what pro bono support is available, even between pro bono organisations. The main aim of the recently launched Pro Bono Committee for Wales, which I co-chair, is to connect the legal pro bono community in Wales. Its meetings draw representatives from all of the pro bono organisations and has led to the publication of the recent Guide to Pro Bono and Other Free Advice in Wales, containing a bilingual Welsh section. This is so useful for active sign-posting as it provides a directory of pro bono organisations in Wales and how to contact them.

The new Committee’s priorities, as well as providing sign-posting information, include encouraging more lawyers to engage in pro bono activity. The publication of the inaugural Pro Bono Recognition List of England & Wales, has been very helpful in this, as the list recognises the largely unsung work of the barristers and solicitors who gave 25 hours or more pro bono legal assistance over the last year. The initiative is supported by the Law Society, the Bar Council and all the major pro bono organisations under the umbrella of the Attorney General’s Pro Bono Committee. 

In addition, the Pro Bono Committee for Wales is encouraging law firms in Wales to appoint a Pro Bono Champion to promote pro bono work in their respective firms. As a result, at Watkins & Gunn we have recently appointed out first Pro Bono Champion, in support of this initiative. 

So, what are the other barriers to pro bono in Wales?

It is often considered to be the preserve of larger firms as they have greater resources to devote, and in Wales we have a prevalence of smaller and medium sized firms. However, you only need commit the resources that you have available, and it can produce significant benefits for your business. It can showcase your culture and boost recruitment and retention. We all face the challenge of recruiting and attracting talented staff and lawyers often seek more purpose driven work. Pro bono work will give them not only a personal pride but a pride in the firm that they work for. It also shows a practical application of social responsibility, which creates significant goodwill and helps to raise the profile of your brand, which may be attractive to your target clients. It also helps to broaden the experience of junior lawyers, as they may often have to adapt to deal with some fairly unique experiences which will enrich them and help to boost their development. 

I hope I have shown that being like “the Citizens’ Advice Bureau” isn’t a cause to be shouted at …but it is a cause to be celebrated! 

Most lawyers contribute a huge amount to the community, which often goes unrecognised. So, I would urge you all to get involved with Pro Bono Week, which presents a wonderful opportunity to recognise and support the voluntary contribution made by the legal profession in giving free legal help to those in need. 

Article published by The Law Society South Wales Office – Cymdeithas y Cyfreithwyr