May 8, 2007
By Lesego Madumo
POOR people now have access to legal representation, following the launch of a non-profit organisation that plans to be a clearinghouse for public interest law matters and to offer legal representation to the poverty stricken who cannot afford commercial legal fees.
ProBono.Org was launched on Monday, 7 May at the Old Fort Conference Room, Constitution Hill.
The organisation is designed to offer services to the poor and the vulnerable who have no access justice because of high legal costs. Through ProBono.Org, lawyers will represent them without charge.
Beneficiaries must be unable to afford commercial legal fees and the matter must raise an issue of broad public concern and affect a number of people.
Advocates and attorneys, including alumni from the South African Visiting Lawyer Programme, were among those at the launch. Under that programme local lawyers are chosen to study abroad for a year.
The US legal eagles who had come to share their experiences included Joan Vermeulen, the founder and executive director of the Cyrus R Vance Center for International Justice; Edward Turner, of Shearman and Sterling's Hong Kong office; and Evan Davis, the former president of the New York City Bar Association.
ProBono.Org is to be involved in litigation work done by legal practitioners who voluntarily render legal services as part of their corporate social responsibility. Lawyers will also get further experience outside the demarcation of their firms.
US Supreme Court Justice Ruth Ginsburg explained pro bono work this way: "[It aims] to assist the poor, disadvantaged, unpopular and underprivileged, and to perform services that enhance the common good."
At the launch, South African legal practitioners were able to discuss optimum strategies to structure pro bono practices for maximum impact. The establishment of pro bono work in South Africa – which started in the US – was sparked by the lack of access to legal representation and justice for the poverty stricken in the courts of law.
"Pro bono work is about bringing people together and assisting the poor," said Davis. And "pro bono work is designed to discern and promote issues of public interest".
He further warned legal practitioners, "When you volunteer to do pro bono work, it should not be for economic or political consideration, but for public interest.
"The voice of a pro bono lawyer is important in our world to improve public interest. This is for the representation of the poor, making sure that the system works for everybody."
Turner told the lawyers: "I hope that as you get into it, your passion will grow and accommodate public interest issues. Pro bono work has grown tremendously in the US and it is now part of the professional culture.
"You must also be prepared. You can't get in, and get cold feet and decide to get out."
Turner warned the lawyers not to expect pro bono work to be easy, and advised them to be aware of the possibility of racial discrimination from clients.
"Young lawyers usually don't get the chance to host big cases; this is your opportunity to grow professionally," he said, adding that through pro bono work, law practitioners should help to meet the legal needs of the poor.
A table discussion later ensued, where a panel formed by Turner and Davis was on hand to debate some of the issues raised as concerns. One advocate questioned the success of pro bono work, asking, "How do you get people who have debts to pay to commit to do pro bono work? I'm very cynical about it."
The panel, which appeared to be frustrated by this, said in reply, "We hope that pro bono work will soon get funding, but for now we must focus on helping the disadvantaged."
People who have legal matters to settle in court but can't afford a lawyer should approach ProBono.Org. Matters that qualify for legal representation are then matched with suitable legal practitioners who will offer 50 to 100 hours of their time a year for assistance.
For further information, visit the ProBono.Org website or contact the director, Odette Geldenhuys, on 011 336 9510 or 083 776 6611. Alternatively email her on odette@probono-org.org.
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