Should justice come only at a price? Hiring highly skilled legal professionals can be a costly exercise, but new legislation to cut back on the £2 billion legal aid bill in England and Wales has prompted wide debate in the legal profession. Recent analysis suggests that Britain is already in danger of becoming “two nations” economically. In delivering last year’s Beveridge Memorial Lecture Professor Danny Dorling claimed that the richest one per cent of people in the UK now earn 15% of all income, compared with 6% in 1979. Professor Dorling’s figures indicate that inequality is currently a greater issue than at any time since Legal Aid was introduced in 1949, and the 29% of British people eligible for support could ill afford to do without it.
While the government insists that legal aid will remain available to those who need it most, claimants involved in disputes in areas such as clinical negligence, housing and employment will no longer be eligible. Lord Neuberger, President of the UK Supreme Court, has suggested that many people will lose confidence in the government’s ability to offer them access to justice.
It’s also been suggested that those unable to afford legal counsel may be forced to represent themselves in court. A system which has already been log-jammed with delays due to the lack of professional interpreters could grind to a halt as unqualified advocates struggle to cope with complex procedures.
But what alternatives are available for those no longer able to claim legal aid? Professional mediation could help resolve disputes before they come to court, but mediation professionals are expensive and therefore also out of reach for the less affluent. A more practical alternative might be found within the legal profession. The clichéd image of the “fat cat” lawyer interested only in personal gain ignores the long and admirable history of pro bono work in both the UK and the United States. This year, for example, sees the tenth anniversary of the founding of ProBonoUK.net, a charity which acts as coordinator and adviser to those seeking and offering pro bono legal support.
In the United States the term “pro bono junkies” is used to describe attorneys whose commitment to pro bono work is so deep rooted that they seek out any opportunity to offer the service. Esther Lardent, the President and Chief Executive Officer of the Washington Pro Bono Institute, is credited with coining the phrase, and she is an ideal judge, having overseen a programme which invites firms to pledge between 3 per cent and 5 per cent of their working hours to charity cases. One hundred and forty firms are on board, and the number is rising.
Leading firms such as DLA Piper set an admirable example in this field. The firm’s 4,000 lawyers are actively encouraged to engage in pro bono work, and the results are impressive. Among their projects, the firm works in partnership with Verizon to offer a legal clinic for armed forces veterans. Men and women who have risked their lives to defend their country and now need a helping hand are offered high quality professional advice at no charge. Another initiative provides free counsel to support the establishment of inner city special needs schools. It is these disadvantaged communities where economic hardship often goes hand in hand with poor English language skills that are benefiting most from the work of legal professionals committed to giving something back to society.
While pro bono work may not offer all the answers to cutbacks in legal aid, it’s heartening to see the profession reaching out to those who need their help. EVS Translations is proud to support them with legal translations, in any language.
