The Pros And Cons Of Pro Bono System

There is often unfair advantages in the trial process as not all members of society have the same access to legal representatives or availability of

The concept of mandatory pro bono and whether or not lawyers should be required to participate in this public service has been the contentious subject of debate over recent years. Focusing on Mirko Bagaric and Penny Dimopoulos’ statement: “In our view not only do lawyers not have a duty to act for free, but they are misguided in doing so and should, for the long term benefit of the community, cease engaging in pro bono work,” this essay will critically analyse the implications of introducing mandatory pro bono into the legal profession by examining both the positive and negative aspects through the issues of altruism, tradition, government funding and the onus on small firms.

“A first class court system and a first class legal profession are of no avail to a person who cannot afford to access them.” Sir Anthony Mason, former Chief Justice of the High Court of Australia.

More than ever people are losing access to justice. Even though the global economic crisis affected everyone, and every jurisdictions budget there needs to be a minimum level of funding for legal aid to protect the rights of those that cannot afford legal aid (Hainsworth, 2010). According to Hainsworth, (2010) the Canadian Bar Association has asked for national standards for legal aid, just like there are standards for health care and education. The CBA believes legal aid reform is needed to ensure access to justice for low income people, it also believes funding must be increased and national standards for eligibility and civil coverage are necessary to make the system function properly again.

Furthermore, legal representation allows you navigate laws that you would not have been aware of absent representation. This legal representation is very helpful as many may not know the rule of the law or understand it. Therefore the legal representation can help the person to understand the case and it is more likely to result in a fair trial that will achieve the required outcome.

They are skillful and can handle every family related case aptly and will assist you accordingly. These lawyers also adhere the skills of handling sensitive issues related to the case. Choosing a legal advisor with such skill, knowledge and experience will be the first step to win the case in your favor. The role of a family lawyer cannot be ignored. You can discuss all your personal issues with him from custody of child to guardianship and in some cases even divorced. Family lawyers help you in taking a life changing decision to make a better future. They show you the right way throughout the process so that your complicated issues can be sorted and settled.

Potential clients who clearly have the financial means to hire a lawyer can do so without hesitation. Those who clearly don't have such financial means can seek free legal service organizations or pro bono representation. However, low- to moderate-income persons who don't qualify for legal services are left without reasonable access to the justice system.

Without a civil Gideon or federal action establishing a right to civil counsel, it has been left to individual state governments to close the justice gap for their impoverished communities. In New York, the state senate introduced a bill that would

The Pro Bono and Legal Services Committee’s mission is to address issues surrounding pro bono work by attorneys and to advocate for efforts to

Mason and McHugh argue against the support of free legal representation though do address the basis of the claim and how it appears fall under the ICCPR’s standards. by referring to paragraph Article 14 of the ICCPR states, ‘In the determination of any criminal charge against him, everyone shall

The need for basic civil legal assistance for people who cannot afford to pay for an attorney is overwhelming. Nearly 20% of the U.S. population (63 million) qualify for LSC-funded legal services based on the latest (2015) data from the U.S. Census Bureau, yet studies have consistently found that less than 20 percent of the legal problems experienced by the poor are being met. Moreover, LSC’s justice gap studies (2005, 2009) determined that for every individual serviced by an LSC-funded legal aid program, another is turned away due to inadequate resources.

· A person may not comprehend their rights to silence or rights to legal representation

The lawyer is the lead in the legal team and has passed the bar examination and have a license to practice law in their respective state(s). In larger firms, the lawyers can be assigned as partners and associates. The partner has actual ownership in the firm whereas the associate are usually on salary as an employee, not being an owner in the firm. The supervising attorney in a large firm is responsible for the actions and work of the lawyers under him/her. The paralegal is responsible for the litigation process. Some of the responsibilities of the paralegal are preparing casework, investigations, preparing briefings, conducting

Working as a lawyer in society makes you a professional and an officer of the court, charged with the duty of working within the frame work of the law, which is based upon federal and state constitutions, written legislations and judicial decisions issued by competent courts.

The traditional method of providing justice has operated to close the doors of Courts to the poor and has caused denial of justice to millions of people. Only a person having ample of time and money is able to afford the services of the judiciary.