Pro Bono in Nova Scotia: Current
practice
and
future
opportunities
Emma Halpern
Hilary Kennan
Nasha Nijhawan
Funded by the Law Foundation of Nova Scotia
April 2009
Acknowledgments
The
Nova
Scotia
Pro
Bono
Study
(NSPBS)
came
together
in
2008
to
assess
the
current
state
of
pro
bono
practice
in
Nova
Scotia
and
the
feasibility
of
establishing
a
provincial
pro
bono
organization.
Emma
Halpern
(LL.B.
2006),
Hilary
Kennan
(LL.B.
2009)
and
Nasha
Nijhawan
(LL.B.
2009)
completed
this
project
from
May
2008
to
March
2009.
All
three
are
former
coordinators
of
the
Pro
Bono
Students
Canada
program
at
Dalhousie
University,
and
are
dedicated
to
improving
access
to
justice.
We
are
grateful
to
have
had
the
opportunity
to
conduct
this
study
and
sincerely
hope
that
our
recommendations
are
well‐received.
The
NSPBS
would
like
to
acknowledge
the
help
and
support
of
representatives
of
other
provincial
pro
bono
organizations,
especially
Lynn
Burns
and
Yonit
Fuhrmann
(PBLO),
Pamela
Kovacs
(PBLS),
Susan
Billington
(PBLA),
and
Jamie
Maclaren
(PBLBC).
Our
thanks
also
to:
Legal
Information
Society
of
Nova
Scotia,
including
Maria
Franks
and
Wendy
Turner;
the
Honourable
J.
Michael
MacDonald,
Chief
Justice
of
Nova
Scotia;
Nova
Scotia
Legal
Aid,
especially
Terry
Yeadon
and
Paul
Stordy;
Darrel
Pink,
Executive
Director
of
the
Nova
Scotia
Barristers’
Society
;
Dr.
Don
Clairmont;
and
all
those
who
filled
out
our
surveys,
attended
our
round‐tables.
Our
appreciation
also
extends
to
Emily
Beaton
and
Ethan
McMonagle
who
provided
invaluable
editorial
support.
Finally,
we
are
especially
grateful
to
the
Law
Foundation
of
Nova
Scotia
for
funding
this
project.
Cover
photo:
Stained
glass
at
entrance
of
Weldon
Law
Building.
Table of Contents
Table of Contents
Table of Contents .......................................................................................................................................... 1
Table of Figures ............................................................................................................................................. 3
Executive Summary ....................................................................................................................................... 5
1.
2.
3.
4.
5.
6.
Introduction........................................................................................................................................... 8
1.1
What is pro bono? .......................................................................................................................... 8
1.2
Where does the modern idea of pro bono come from? ............................................................... 9
1.3
Concerns about pro bono............................................................................................................10
Study methodology .............................................................................................................................12
2.1
Comprehensive overview of existing services in Nova Scotia.....................................................12
2.2
Needs assessment for pro bono services in Nova Scotia ............................................................12
2.3
Analysis of pro bono service delivery models from other jurisdictions ......................................14
Existing organized legal support services ............................................................................................15
3.1
Legal representation ...................................................................................................................15
3.2
Legal information and advice ......................................................................................................16
3.3
Summary of available services ....................................................................................................18
Unmet legal needs...............................................................................................................................19
4.1
“Isn’t need obvious?” ..................................................................................................................19
4.2
Specific feedback on need from around the province ................................................................22
Pro bono as a response to unmet needs.............................................................................................26
5.1
Who does pro bono in Nova Scotia? ...........................................................................................26
5.3
How much pro bono work? .........................................................................................................28
5.4
In which areas of law? .................................................................................................................29
5.5
What kinds of services? ...............................................................................................................30
5.6
Why or why not provide pro bono services? ..............................................................................30
5.7
Support for pro bono in the workplace.......................................................................................32
Pro Bono models in other jurisdictions ...............................................................................................34
6.1
Pro bono delivery model ideas....................................................................................................34
6.2
Other initiatives ...........................................................................................................................46
1
2
Pro Bono in Nova Scotia: Current practice and future opportunities
7.
Support for organized pro bono in Nova Scotia ..................................................................................50
7.1
Support from the judiciary ..........................................................................................................50
7.2
Support from the bar ..................................................................................................................52
7.3
Law student views on pro bono ..................................................................................................54
7.4
Response from the community ...................................................................................................57
8.
Encouraging lawyers to do pro bono ..................................................................................................58
9.
Recommendations ..............................................................................................................................63
References ...................................................................................................................................................67
Table of Appendices .................................................................................................................................... 68
Table of Figures
Table of Figures
Figure 1: Economic indicators for families in Nova Scotia. .........................................................................20
Figure 2: Total household income levels of Family Law Advisory Service clients (Halifax).........................20
Figure 3: Calls to LIL or LRS by subject matter. ...........................................................................................22
Figure 4: Pro bono practice by lawyer survey respondents, according to region.......................................26
Figure 5: Pro bono practice by lawyer survey respondents, according to years of call. .............................27
Figure 6: Pro bono practice by lawyer survey respondents, according to type of employment. ...............28
Figure 7: Number of hours of pro bono work performed per month by lawyers who do pro bono. ........28
Figure 8: Average number of pro bono clients seen per year by lawyers who do pro bono...................... 28
Figure 9: Areas of law in which lawyers do pro bono work. .......................................................................29
Figure 10: Areas of law in which lawyers do pro bono work, according to region. ....................................29
Figure 11: Type of services offered by lawyers who do pro bono work. ....................................................30
Figure 12: Motivating factors for lawyers who do pro bono work. ............................................................30
Figure 13: Barriers to participation for lawyers who do not do pro bono work. ........................................31
Figure 14: Workplace support for pro bono work available to lawyer survey respondents. .....................32
Figure 15: Summary chart of provincial organization logistics. ..................................................................35
Figure 16: Who pays for disbursements when lawyers do pro bono work? ..............................................46
Figure 17: Opinions on mandatory pro bono from lawyer survey respondents. .......................................52
Figure 18: Support for organized pro bono from lawyer survey respondents. ..........................................52
Figure 19: Reasons given for not supporting organized pro bono. ............................................................52
Figure 20: Willingness to participate in organized pro bono among Lawyer Survey respondents.............53
Figure 21: Importance of workplace support for pro bono to students .....................................................54
Figure 22: Students' intention to incorporate pro bono work into future practice. ..................................55
Figure 24: Importance of workplace support depending on students' intention to do pro bono work. ...56
Figure 23: Importance of workplace support for pro bono to students. ....................................................56
Figure 25: Factors identified by lawyers that would encourage them to do pro bono work. .................... 58
Figure 26: Public recognition as an encouraging factor, according to years of call. ...................................58
Figure 27: Charitable tax receipts as an encouraging factor, according to type of employment. ..............59
Figure 28: Files that match interests as an encouraging factor, according to years of call. .......................60
Figure 29: Widening client base as an encouraging factor, according to years of call. ..............................61
Figure 30: Mentorship and learning opportunities as an encouraging factor, according to years of call. .62
3
4
Pro Bono in Nova Scotia: Current practice and future opportunities
Executive Summary
Executive Summary
The Nova Scotia Pro Bono Study (NSPBS) came together in 2008 to assess the feasibility of establishing a
provincial pro bono organization. The purpose of the NSPBS was to assess the legal community’s
current level of interest and engagement in pro bono work, identify gaps in existing legal services,
examine how pro bono organizations work in other jurisdictions, and gather feedback on a prospective
provincial pro bono organization for Nova Scotia. This was done through an overview of existing services
in Nova Scotia, an assessment of need, analysis of pro bono service delivery models in other jurisdictions
and discussions among the possible stakeholders.
Although there are many ways to define ‘pro bono’ we understand the term to mean legal services
provided free of charge to marginalized persons and charitable organizations to whom the government
is not obligated to provide counsel. During the course of this study we heard concerns about a number
of issues relating to organized pro bono, including:
•
•
•
Mandatory pro bono programs;
Government responsibility; and
Pro bono on an ad hoc basis vs. formal pro bono.
Our conclusion is that pro bono should not be mandatory, should complement rather than duplicate
legal aid services, and should be provided through a formal structure so as to minimize many of the
barriers currently faced by lawyers interested in providing such services.
Existing organized legal support services
In order to understand whether or not a formal pro bono program could respond to unmet legal needs,
it was essential to first examine what free or subsidized legal services currently exist for Nova Scotians.
Aside from ad hoc pro bono, free legal representation is only available through existing legal aid
programming with the exception of the representation available to refugees through the Halifax
Refugee Clinic. Limited summary advice is available through a few organizations and court services,
while legal information is available to anyone through the Legal Information Society of Nova Scotia.
Unmet legal needs
Our findings indicate that unmet legal needs primarily arise among the working poor or middle class
demographic who are unable to afford a lawyer but do not qualify for legal aid. Need exists in all areas
of law, but particularly in family and civil law. Many individuals who are unable to hire a lawyer
represent themselves in the courts, and could benefit from summary legal advice, partial or full
representation. Legal advice and representation would also streamline court processes. We also found
that the need for legal service is most significant in rural communities and among identified
marginalized groups.
5
6
Pro Bono in Nova Scotia: Current practice and future opportunities
The current state of pro bono in Nova Scotia
Of the lawyers who responded to our survey, 61% currently provide free legal services, and 57%
indicated that they undercharge clients who are unable to pay. Only 23% of respondents do not
currently provide any type of pro bono work. Some of our more specific findings on pro bono work in
Nova Scotia include:
•
•
•
•
•
Most pro bono work is done on mainland Nova Scotia, outside the HRM. Cape Breton lawyers
are more likely to undercharge their clients than to provide free service;
The highest participation rates for pro bono work come from the most senior members of the
bar, and those who work in private practice;
Lawyers generally dedicate less than 10 hours per month to pro bono work, serving fewer than 6
pro bono clients per year;
Areas of law in which pro bono is provided differ significantly by region; and
Very few lawyers have any formal support for pro bono in their workplace.
Lawyers providing pro bono services are motivated by a sense of professional responsibility,
commitment to social justice or spirit of volunteerism. Barriers to pro bono work include time
constraints, workload and work culture but there is no significant ideological resistance to pro bono
among individuals in the Nova Scotia bar.
Pro bono delivery models in other jurisdictions
Extensive pro bono programming exists at a provincial level currently in Ontario, Saskatchewan, Alberta,
British Columbia and Quebec. In order to facilitate a discussion about appropriate programming for
Nova Scotia, we have described and provided examples of the following service delivery models
employed in other provinces:
•
•
•
•
•
•
•
•
•
•
Legal advice clinics;
Issue-based advocacy projects;
Assistance for non-profits and charities;
Roster programs;
Law firm partnerships;
Self-help centres and resources;
Duty counsel programs;
Mediation;
Mentorship and support; and
Distance projects.
We also described the invaluable role other provincial organizations play by providing funding for
disbursements, arranging insurance for pro bono work, helping law firms to implement pro bono
policies, and promoting pro bono services to the public and the legal community.
Support for organized pro bono in Nova Scotia
We gauged support for an organized pro bono program in Nova Scotia by canvassing lawyers, law
students, the judiciary and members of the public for their opinions.
Executive Summary
•
•
•
•
Most lawyers indicated that they would participate in organized pro bono if it were made
convenient, but were wary of additional bureaucracy and red tape;
The majority of law students surveyed indicated they intended to provide pro bono upon
graduation, and that they held workplace support for pro bono to be very important;
The judiciary demonstrated support for organized pro bono, with individual judges indicating
that they would be willing to promote a pro bono program in their courtrooms, speak publicly
about the importance of pro bono, and assist in program development; and
The public indicated that they would welcome increased access to quality legal services in their
communities and would support the implementation of a pro bono program.
Encouraging pro bono
We look at the following factors and analyze their impact on motivating lawyers to provide pro bono
services:
•
•
•
•
•
•
Public recognition;
Charitable tax receipts;
Mentorship and learning opportunities;
Finite time commitment;
Widening client base; and
Mentorship and learning opportunities.
Recommendations
This report concludes with a recommendation to establish a formal pro bono organization and provides
a number of concrete suggestions. These include:
1. Developing a sound governance structure with stable funding sources.
2. Increasing the availability of free summary advice and full representation to individuals who are
unable to afford a lawyer through appropriate pro bono delivery models.
3. Eliminating existing barriers to lawyers’ participation in pro bono work.
4. Supporting lawyers who already provide pro bono services, and encouraging greater
participation from the bar.
5. Designing an effective publicity and outreach strategy.
6. Maximizing accessibility of services to rural communities and vulnerable groups.
7. Advocating for increased resources dedicated to improving access to justice.
7
8
Pro Bono in Nova Scotia: Current practice and future opportunities
1.
Introduction
Inspired by organized pro bono initiatives in other provinces, the Law Foundation of Nova Scotia funded
a study on the feasibility of establishing a provincial pro bono organization in Nova Scotia. The purpose
of the Nova Scotia Pro Bono Study was to:
•
•
•
•
Assess current levels of pro bono engagement and interest in pro bono work in the legal
community;
Identify gaps in existing legal services in Nova Scotia;
Learn how pro bono work has been organized in other jurisdictions; and
Collect feedback on the idea of creating a provincial pro bono organization for Nova Scotia.
This report presents the findings of the Nova Scotia Pro Bono Study, and includes recommendations for
future pro bono programming in the province.
1.1
What is pro bono?
There are many ways to define pro bono work. Some people regard pro bono as an ethical obligation,
and feel that a legal service can only be considered pro bono if it is provided free of charge by lawyers
motivated by pure altruism. Others, however, view all free or pro-rated legal services as pro bono and
include legal aid certificates in their definition.
After much discussion and deliberation, we adopted the following definition from Pro Bono Law Ontario
(PBLO) to guide our understanding of pro bono service:
The term pro bono comes from the Latin phrase pro bono publico, which means "for the public
good." For lawyers it means representing someone who cannot afford legal services, free of
charge. Qualifying pro bono services include professional services:
a) rendered to marginalized persons in matters for which there is no government obligation to
provide counsel; or
b) rendered to charitable organizations with respect to matters or projects designed to address
the marginalized or improve the quality of life for fellow [Nova Scotians]; or
c) related to simplifying the legal process for, or increasing the availability and quality of, legal
services to persons of limited means.1
Like PBLO, we do not limit our understanding of ‘representation’ to include only full representation, but
include summary legal advice and any project that increases access to legal assistance in our definition
of pro bono.
1
http://www.pblo.org/about/item.FAQs
Introduction
1.2
Where does the modern idea of pro bono come from?
The idea that a lawyer has an obligation to facilitate access to justice by providing pro bono legal
services is grounded in the history of the legal profession, and is expressed in some of the key
documents of our regulatory and professional bodies.
The Canadian Judicial Council’s “Statement of Principles on Self-Represented Litigants and Accused
Persons”2 includes commentary on the following statement that applies specifically to the pro bono
obligations of the bar:
Statement: All participants are accountable for understanding and fulfilling their roles in achieving the
goals of equal access to justice, including procedural fairness.
For the Bar: Members of the Bar are expected to participate in designing and delivering legal aid and pro
bono representation to persons who would otherwise be self-represented, as well as other programs for
short-term, partial and unbundled legal advice and assistance as may be deemed useful for the selfrepresented persons in the courts of which they are officers.
The Nova Scotia Barristers’ Society “Legal Ethics Handbook”3 provides its directive on access to justice in
Rule 15:
Lawyers have a duty to make legal services available to the public in an efficient and convenient manner
that will command respect and confidence, and by means which are compatible with the integrity,
independence and effectiveness of the profession.
Guiding Principles
It is essential that a person requiring legal services be able to find, with a minimum of difficulty and delay,
a lawyer who is qualified to provide such services. It is therefore important that the members of the legal
profession make known the availability of legal services to the public to assist each member of the public
in finding a lawyer who is competent to deal with his or her particular problem.
Commentary
15.3 The lawyer may also assist in making legal services available by participating in legal aid plans,
prepaid legal services plans and referral services, by engaging in programs of public information,
education or advice concerning legal matters, and by being considerate of those who seek advice but are
inexperienced in legal matters or who cannot explain their problems.
This commentary is the same as the statement by the Canadian Bar Association in their “Code of
Professional Conduct”.4
2
Canadian Judicial Council: Statement of Principles on Self-Represented Litigants and Accused Persons, September 2006,
http://www.cjc-ccm.gc.ca/cmslib/general/news_pub_other_PrinciplesStatement_2006_en.pdf.
3
Nova Scotia Barristers’ Society: Legal Ethics Handbook: http://www.nsbs.org/legalethics/chapter15.htm.
4
Canadian Bar Association: Code of Professional Conduct: http://www.cba.org/cba/epiigram/february2002/codeeng.pdf.
9
10
Pro Bono in Nova Scotia: Current practice and future opportunities
The CBA has also demonstrated their commitment to pro bono work through the creation of a CBA Pro
Bono Committee in 2003, which passed a resolution aimed at promoting a pro bono culture within the
legal profession. As part of that commitment, the resolution adopts the following policy:
It is inherent in the professional responsibility of a legal practitioner to voluntarily contribute an
identifiable part of time without charge or at substantially reduced rates:
•
•
•
to establish or preserve the rights of disadvantaged individuals;
to provide legal services to assist organizations who represent the interests of, or who work on
behalf of, members of the community of limited means or other public interest organizations; or
for the improvement of laws or the legal system.
Each member of the legal profession should strive to contribute 50 hours or 3% of billings per year on a pro
bono basis
For the full CBA resolution on promoting pro bono work, see Appendix A.
1.3
Concerns about pro bono
Over the course of the study we frequently encountered three questions raised about pro bono work:
•
•
•
Should pro bono be mandatory?
Will more pro bono work absolve the government of their duty to provide access to justice, and
potentially conflict with the legal aid system?
Why organize pro bono services if they are already provided on an ad hoc basis?
In order to frame our discussion of any proposed provincial
pro bono organization, we will address these questions as an
introductory matter.
“It should not be mandatory. I do
it because I like to do it and I
derive a great deal of personal
satisfaction from doing so.”
- Lawyer Survey
Should pro bono be mandatory?
Many lawyers expressed concern that organizing pro bono
services would mean the implementation of mandatory pro
bono requirements in Nova Scotia. This was seen to conflict
with lawyers’ own ideas about pro bono, and interfere with their current pro bono practice. Currently,
no Canadian jurisdiction has created a mandatory pro bono scheme, and in advocating for a provincial
pro bono organization we are not suggesting mandatory pro bono for Nova Scotia.
In the academic literature on pro bono legal work, some authors have suggested that pro bono service
should be mandatory. Two arguments are advanced in support of this proposal. The rights-based
argument suggests that “there is an unmet right to legal assistance and that, contractually, the legal
system is obliged to respond to that need because of its privileged monopoly situation.”5 The utilitarian
5
Devlin, R. “Breach of Contract?: The New Economy, Access to Justice and the Ethical Responsibilities of the Legal Profession”
in Wolley, Devlin, Cotter & Law, eds. Lawyers’ Ethics and Professional Regulation (Markham, ON: LexisNexis, 2008) 495.
Introduction
argument focuses less on the obligation of lawyers and more on the “distributive benefits and
instrumental consequences of mandatory pro bono”.6 Both of these positions lend significant weight to
an argument for increased pro bono services, but we believe that that neither perspective necessarily
indicates that mandatory pro bono is the only answer.
Our research indicates that there is no paucity of willingness to provide pro bono services in Nova
Scotia, and many lawyers already devote significant portions of their practice to work for the public
good. However, many lawyers who wish to provide pro bono services are unable to do so for a variety of
reasons, ranging from a lack of insurance to a firm culture that emphasizes billable hours. Rather than
implementing a mandatory pro bono regime, a formal voluntary pro bono program that facilitates
access to pro bono files and advocates on behalf of lawyers interested in providing pro bono services
could play a crucial role in helping lawyers to provide access to the justice system.
Will organized pro bono absolve the government of responsibility?
Pro bono services are meant to complement rather than replace a properly funded legal aid system. In
no way should they be seen as a substitute for services that are or could be provided by Nova Scotia
Legal Aid. It is essential to distinguish a lawyer's professional
“I worry that such a system may
responsibility to do pro bono work from the government's
just perpetuate the high costs of
responsibility to provide adequate levels of funding for legal
aid and other access to justice initiatives. The programs and
legal services. Legal Aid should
initiatives discussed in this study are designed to support, not
cover more than it does.”
duplicate, legal aid work.
- Lawyer Survey
If and when a formal pro bono program is established in
Nova Scotia, consultation with the Nova Scotia Legal Aid Commission is recommended. A pro bono
organization also has the potential to advocate for a variety of access to justice issues including but not
limited to increased support for Legal Aid.
Why organize pro bono services if they are already provided ad hoc?
The considerable pro bono services that are currently being provided by lawyers all across Nova Scotia
must be recognized and appreciated. At the same time, our research indicates that ad hoc pro bono can
be inefficient for both lawyers and clients, and that lawyers currently face many barriers to doing pro
bono work.
A provincial pro bono organization would have the capacity to:
•
•
•
•
•
6
Support lawyers who are already providing pro bono services;
Create new opportunities for pro bono work;
Work within the profession to create more pro bono-friendly work culture and implement
workplace pro bono policies;
Eliminate existing barriers to pro bono participation, such as insurance restrictions; and
Motivate participants by allowing them to be part of a larger movement of pro bono work.
Ibid, 495
11
12
Pro Bono in Nova Scotia: Current practice and future opportunities
2.
Study methodology
This study had three principal objectives, to conduct a:
a) Comprehensive overview of existing services;
b) Needs assessment for pro bono services in Nova Scotia; and
c) Analysis of pro bono service delivery models from other jurisdictions.
The tasks undertaken during the course of the study are outlined below according to these objectives. A
fourth objective, facilitating discussion about pro bono, was achieved through promoting open dialogue
throughout the course of the study.
2.1
i.
Comprehensive overview of existing services in Nova Scotia
Letter writing/publicity
To launch the study, we sent introductory letters to over 100 locations across the province
including Family Courts, Legal Aid Offices, Department of Community Services Offices, and
community groups providing legal support. We also placed an advertisement in the Nova Scotia
Barristers’ Society publication, the “Society Record”, containing information about the study and
the planned survey and round-tables.7
The purpose of this phase of the work was to introduce ourselves, explain the purpose of the
study and to invite comments and suggestions. We also asked these groups/individuals to put
their minds to any relevant information they had that would be beneficial to the study.
ii.
Lawyer survey8
A survey of all lawyers across the province regarding their current pro bono activities and their
opinions on the establishment of a formal pro bono program constituted a major part of the
study.9 The survey was conducted using an internet-based survey tool, Survey Monkey, and was
emailed to all practicing and non-practicing lawyers on June 24, 2008 with a deadline of July 11,
2008. Reminder emails were also sent. We had 446 responses, representing 22% of all lawyers
across the province, and exceeding our expectations.
This was essential to the study because no pro bono programming can function without the
support and interest of the bar.
2.2
i.
Needs assessment for pro bono services in Nova Scotia
Judiciary survey10
With the support and permission of the Honourable Chief Justice Michael MacDonald, we
surveyed the judiciary seeking their opinions on access to justice across the province, and
7
See Appendix B.
See Appendix C.
9
Dr. Don Clairmont (Director, Atlantic Institute of Criminology) assisted with survey design.
10
See Appendix D.
8
Study methodology
whether they thought there was a role for pro bono in addressing this issue. The survey asked
the following questions:
•
•
•
•
If they had any concerns regarding access to justice;
If there was a role for pro bono work in addressing their concerns;
What type of pro bono they would support; and
What ways they would be willing to promote pro bono inside and outside the
courtroom.
We received 11 responses from members of the judiciary. The purpose of this survey was to
gauge the support of the judiciary. Experience in other jurisdictions has shown judicial support
to be an important element in formal programming.
ii.
Community consultation
Community survey11
The Community Survey targeted two groups: individuals trying to access the legal system and
community organizations whose clients require access to the legal system. The survey was not
meant to be comprehensive or statistically significant, but rather to gain some insight into the
public perception of legal services, whether positive or negative, as well as what barriers people
face and the steps they take to overcome these obstacles. The survey was hosted by the Legal
Information Society on their website and was also promoted at all round-table discussions. We
received 64 responses to the Community Survey.
Round-table discussions & interviews
The purpose of the round-tables and interviews was to generate focused discussion about
access to justice, community needs, available services, pro bono as a possible response, and to
ensure a participatory approach in the study. Involving rural communities was essential to this
process. From July to November 2008 we held community round-tables in 11 locations across
the province, inviting community leaders, lawyers and government employees.12 Targeted focus
groups were also held with legal workers from the Mi’kmaw Legal Support Network and Legal
Aid Lawyers, following the completion of the regional consultations.
Round-table participants were given a handout focusing on regional responses from the lawyer
survey, and including comments from the community survey.13 Round-table locations included:
Yarmouth
Shelburne
Truro
Digby
New Glasgow
Antigonish
Halifax
Sydney
Bridgewater
Amherst
Kentville
Despite the standard format, each round-table soon developed its own unique tenor. The
participants set the tone and the discussion followed their lead.14
11
See Appendix E.
See Appendix F.
13
See Appendix G.
12
13
14
Pro Bono in Nova Scotia: Current practice and future opportunities
In order to supplement the round-tables and to include opinions that had been lacking from the
group discussions, we conducted additional interviews with targeted individuals. These
included:
•
•
•
•
•
•
iii.
Representatives from the Aboriginal community;
The Director of the Indigenous Black and Mi’kmaq Initiative;
Canadian Bar Association Pro Bono Committee representative;
Non-governmental organizations;
Academics; and
Other practitioners.
Law student survey15
A survey of current law students at Dalhousie was conducted to gauge the interest of future
lawyers in providing pro bono services, and whether they saw pro bono as an integral part of
legal practice. We received 121 responses to the survey, representing about 25% of the student
body.
2.3
14
Analysis of pro bono service delivery models from other jurisdictions
i.
Meetings
We contacted Pro Bono Law Ontario (PBLO), Pro Bono Law British Columbia (PBLBC) and Pro
Bono Law Alberta (PBLA), to learn about their organizations, and discuss strategies for
programming. Two authors met with representatives of PBLO for 2 days in July 2008, and had
the opportunity to discuss programming and structure with the Executive Director and to meet
with the coordinators of specific programs. Another author met with the Executive Director of
PBLBC in August 2008. We also had two phone meetings with the Executive Director of PBLA in
June 2008. Each of these organizations also provided us with written information about their
programming, structure, and start-up.16
ii.
2nd National Pro Bono Conference
We attended the 2nd National Pro Bono Conference organized by PBLBC and the other provincial
programs.17 At the conference we gained specific insight into other programs both in Canada
and the United States. Break-out sessions were held on topics such as Rural Programming,
Involving the Judiciary and Unbundling Legal Services. The conference was an opportunity to
learn more about pro bono projects across North America, network with pro bono service
providers and gather support for a potential organization in Nova Scotia.
For a summary of notes from all round-table discussions, see Appendix H.
See Appendix I.
16
For contact information for other provincial pro bono organizations, see Appendix J.
17
See the conference website at http:///www.probonoconference.ca.
15
Existing organized legal support services
3.
Existing organized legal support services
There is only a limited range of options available to an individual or group in Nova Scotia who cannot
afford to pay legal fees. This section will outline the major existing organized legal support services.
Any relevant eligibility requirements for these services are highlighted.
3.1
Legal representation
Legal Aid
Free legal advice and representation is available to individuals who meet income cut-offs and subjectmatter eligibility through Nova Scotia Legal Aid and Dalhousie Legal Aid Service.
Nova Scotia Legal Aid Commission
An individual seeking information about the Nova Scotia Legal Aid Commission can find the following
summary of their work on the Government of Nova Scotia’s website:
The Nova Scotia Legal Aid Commission is provided a grant from the Province of Nova Scotia
under the Department of Justice (Attorney General). The Commission is designated as the
Provincial agency for the delivery of Legal Aid services. There is an agreement respecting Legal
Aid in Criminal Law and Youth Criminal Justice Act matters which provides for a federal
contribution to the cost of adult criminal and young offender legal aid in the Province and
imposes obligations on the Province to provide certain levels of service.
The Commission delivers most of its services via a network of 16 community-based law offices as
well as 1 sub-office known as Nova Scotia Legal Aid. The offices are staffed by salaried lawyers
and, in certain situations, supplemented by lawyers in private practice on a fee-for service basis.
Put very simply, Legal Aid may provide a lawyer to someone who could not otherwise afford one.
To be eligible for the service in Nova Scotia, an applicant must be receiving Social Assistance
Benefits or be in an equivalent financial position. It must also be determined that there is some
merit in the case and that the applicant will receive some benefit if service is provided. Legal
services are provided mainly in the areas of family and criminal law.18
A Duty Counsel program operates full-time at Supreme Court Family Division (Halifax and Sydney), and
provides summary advice to anyone requiring assistance at the Family Court, regardless of income.
Dalhousie Legal Aid Service (DLAS)
Dalhousie Legal Aid Service is the only community law clinic in the province. It engages in test case
litigation, community legal education projects, access to justice programming and many community
advocacy initiatives in partnership with other interest groups.
In addition, their staff lawyers and clinic students provide legal services to clients who meet an income
cut-off in the areas of poverty law, family law, adult and child protection and youth criminal justice.
DLAS accepts Legal Aid certificates as well as non-certificate clients.
18
http://www.gov.ns.ca/just/legal_aid.asp
15
16
Pro Bono in Nova Scotia: Current practice and future opportunities
Community groups and community based agencies with mandates to fight poverty and injustice may
apply for legal advice and assistance, as well as community development and education services.
Halifax Refugee Clinic (HRC)
The Halifax Refugee Clinic offers legal, social and settlement services to individuals claiming refugee
status in Nova Scotia. The HRC assists individuals in the refugee application process and the completion
of paperwork. It also conducts research and prepares cases for representation before the Immigration
and Refugee Board and the Federal Court.19
3.2
Legal information and advice
There are many community organizations that provide legal information rather than advice or full
representation. Some of the major providers of legal information in Nova Scotia are identified below.
Mi’kmaw Legal Support Network (MLSN)
The Mi’kmaw Legal Support Network is a justice support system that strives to ensure fair treatment for
all Mi'kmaq and Aboriginal Peoples in the justice system. MLSN’s initiatives include a Court Worker
program that works within the criminal justice system to eliminate cultural barriers and provide
information to Nova Scotia Mi’kmaq and Aboriginal peoples. While the program can help a client find
legal assistance, it does not provide legal counsel or advice.
The Customary Law Program focuses on youth in the criminal justice system, providing Mi’kmaw justice
circles, reintegration circles and community placements. MLSN also provides legal information on wills
and estate planning, including a “Mi’kmaw Will Information Guide.”
MLSN is a partnership of the Nova Scotia Mi'kmaq, the Government of Canada and the Province of Nova
Scotia, with offices in Millbrook, Eskasoni and the Halifax Regional Municipality (HRM).20
Legal Information Society of Nova Scotia (LISNS)
The Legal Information Society of Nova Scotia has been actively promoting access to justice in Nova
Scotia for over 25 years.
Individuals seeking legal information can access a variety of resources provided by LISNS. Organized by
topic, LISNS provides online legal information resources as well as printed publications available to
order. One of the resources they have developed is a “Do-it-Yourself Uncontested Divorce Kit,” which
includes procedural information, FAQs and the required forms. The Dial-a-Law service provides
telephone access to a five-minute segment of taped legal information on over 70 topics in law. Finally,
the Legal Info Line provides free legal information over the phone and is staffed by volunteers.
Since 1992, the LISNS Lawyer Referral service has been referring individuals seeking legal advice to a
private lawyer who will provide 30 minutes of advice for a $20 fee.21
19
http://www.halifaxrefugeeclinic.org/html/our_services.html
http://www.mlsn.ca/about.htm
21
http://www.legalinfo.org/general-content/general-content/services.html
20
Existing organized legal support services
reachAbility
Located in Halifax, reachAbility is a non-profit organization whose mandate is to “improve access to
justice, equality, and human rights for people living with disabilities and for those within their support
systems.”22 In addition to educational programs for their clients, reachAbility currently runs two legal
support programs.
The Lawyer Referral Service connects individuals with disabilities with a volunteer lawyer for a free one
hour consultation on any legal issue. The service has 140 volunteer lawyers on their roster, and has
served over 1000 clients since it started. Since 2001, reachAbility has also been offering the Community
Outreach Initiative (COI), a program which organizes free educational seminars on legal topics of
interest to persons with disabilities, also conducted by volunteer lawyers.
Metropolitan Immigrant Settlement Association (MISA)
The Metropolitan Immigrant Settlement Association is a community organization located in Halifax
whose mandate is to welcome immigrants and help them with settlement problems.
In collaboration with Dalhousie Legal Aid Service, LISNS and the Community Justice Society, MISA offers
a series of workshops to their clients covering various areas of law. The goal of these workshops is to
familiarize immigrants with key areas of Canadian law that they might encounter in everyday life.23
In addition, Pro Bono Students Canada at Dalhousie provides law student volunteers who meet with
clients on Friday afternoons to assist with the completion of immigration forms and writing letters in
support of applications. MISA also offers paralegal services to clients during the immigration process.
Pro Bono Students Canada at Dalhousie
PBSC Dalhousie matches law students with non–profit public interest organizations, agencies, legal
clinics and providers of free legal services to do law-related volunteer work. Students work under the
supervision of a lawyer, on a range of projects that include:
•
•
•
•
•
Legal research and the preparation of legal memos;
Policy research for lobbying and advocacy work;
Drafting or revision of policy papers and manuals;
Public legal education projects; and
Case preparations and assistance to counsel.
Refer to
Pro Bono Students
Canada (PBSC): page
54 for more info.
22
23
PBSC Dalhousie encourages students to become involved in
their communities, hoping to promote a pro bono ethic in
students that will last throughout their professional careers. In
Halifax, PBSC Dalhousie consistently partners more than 100
students with nearly 50 community groups each year, including
MISA, LISNS, reachAbility and the HRC.
http://reachability.org/about/index.html
http://www.misa.ns.ca/documents/Poster-WinterLegalSeries2009.pdf
17
18
Pro Bono in Nova Scotia: Current practice and future opportunities
Family Law Information Centres (FLIC)
The Family Law Information Centres are an initiative of the Court Services Division of the Nova Scotia
Department of Justice, and aim to provide legal information to the public about family law issues. There
is a FLIC in the Supreme Court Family Division in both Sydney and Halifax. FLIC serves family law clients
in the following ways:
1. It offers information about the court process, court services, and a variety of other legal topics.
2. It provides referrals to community agencies and programs which can offer further help.
3. It develops and presents family law information sessions - workshops and seminars on various
24
family law topics.
FLIC also has a website that provides information about court procedures and fees, family law topics
and other available resources on family law but does not offer legal advice.
3.3
Summary of available services
Aside from ad hoc pro bono, free legal representation is only
available on the basis of an income cut-off through existing
legal aid programming, with the exception of the
representation available for refugees through the Halifax
Refugee Clinic. These services cover limited areas of law, and
free representation is not available for any non-family civil
matters, even for those individuals who would otherwise
qualify based on income.
“I tried all that I knew how to try.
Was turned away at every angle.
So in the end, I did give up
because I had been "boxed" into
a corner and saw no way out.”
- Community Survey
Limited summary advice is available at low cost through LISNS,
and at no cost for individuals with disabilities through reachAbility’s Lawyer Referral Service. Summary
advice is also available to anyone at the Supreme Court Family Division in Halifax through the Nova
Scotia Legal Aid Duty Counsel Program.
Legal information is available to anyone through LISNS services, and to targeted populations through the
programming offered by MLSN, MISA, and reachAbility. Family law information is provided through the
FLIC to anyone who needs assistance. Some of these organizations may not be accessible to Nova
Scotians living in rural communities, as they are based in urban centres.
Legal research services are available on a pro bono basis to community groups, but not to individuals,
through the PBSC program at Dalhousie.
Despite the best efforts of existing organized free legal service providers, many individuals seeking
assistance are not able to access the services they need because:
•
•
•
24
They are not eligible for legal aid representation based on income;
The area of law in which they require representation is not covered by legal aid; or
They require summary advice on a non-family matter.
http://www.courts.ns.ca/Supreme/flic_info_page_07.htm
Unmet legal needs
4.
Unmet legal needs
Although it is generally accepted that there are significant unmet legal needs in Nova Scotia, this study
sought input from across the province on the nature and scope of these needs. The needs assessment
portion of the study was not a comprehensive overview, but gathered anecdotal information from the
following sources:
•
•
•
•
•
County Bar representatives
Lawyers
Community legal workers
Court workers
Women’s support workers
•
•
•
•
Youth and youth workers
Shelter and halfway house staff
Restorative justice practitioners
Judges
Naturally, many concerns were raised by study participants that go far beyond the scope of this project.
We heard about a need for many services that, while intimately tied to access to justice, do not fall
within a lawyer’s role. Some of the other needs mentioned by participants included: social work, youth
work, literacy programming, and sensitivity training. The following section is focused on identifying the
needs that a pro bono organization could address, and defining what role pro bono could play in
facilitating access to justice.
We also relied on the statistics collected by LISNS on the calls received
by their Legal Info Line and Lawyer Referral Service, and the data
collected by the Duty Counsel/Family Law Advisory Service at Supreme
Court Family Division in Halifax.
4.1
Refer to Existing
organized legal
support services: page
15-16 for more info.
“Isn’t need obvious?”
Some round-table participants voiced surprise that it was necessary to gather information on need in
the province at all, instead indicating that they believed that the need was obvious. This section
highlights where need exists based on anecdotal responses to surveys, comments from round-tables
and available statistics. Some information is more comprehensive and provides concrete suggestions
for the role of a pro bono organization while other sections raise issues that would be beyond its scope.
The latter are included only to paint a more accurate picture of the public’s perception regarding access
to justice.
Judges also identified a variety of concerns relating to barriers to accessing the justice system. Although
most focused on financial constraints, other concerns such as mental health, literacy and complicated
court procedures and processes were also included in responses. To adequately address these issues is
beyond the scope of this report, but it is important to emphasize that financial concerns were not the
only barrier to access.
Income and cost of legal fees
Unmet legal needs primarily arise in those areas of law which are not covered by Legal Aid’s ‘menu’, and
for those individuals who do not qualify for legal aid. Both anecdotal and statistical evidence indicate
that the legal problems encountered by the majority of Nova Scotians fall into these categories.
19
20
Pro Bono in Nova Scotia: Current practice and future opportunities
The Statistics Canada “Low Income
Low Income Cut-offs (LICO)
Median family
25
26
Cut-off” (LICO) is a threshold below
by size of community
income
Type of
which families will devote a larger
Less than
100,000 –
household
Nova Scotia
Rural
30,000
400,000
share of income (greater than 63%)
(2006)
people
people
to the necessities of food, shelter
Single person
$11,745
$13,441
$20,000
$15,184
and clothing than the average family
27
would. This figure is adjusted
Single parent
$17,800
$20,370
$28,200
$23,011
+ 2 children
according to family and community
Two parents
size, and is frequently updated.
$22,206
$25,414
$63,900
$28,709
+ 2 children
Statistics Canada also provides
Figure 1:: Economic indicators for families in Nova Scotia.
updated reports of the median
family income by type of household. Figure 1 compares the LICO and median family incomes. In order
to be eligible for legal aid, one must generally have an income that falls within the range of the LICOs.
These figures confirm the anecdotal evidence we heard from around the province. Many community
workers who attended our round-tables had clients who either qualified for legal aid or barely missed
the income cut-offs. The working poor and even the middle class are unable to pay for legal fees, but do
not qualify for legal aid: they represent the access to justice challenge in Nova Scotia today.
The Duty Counsel/Family Law Advisory Service at
Supreme Court Family Division in Halifax tracks
statistics on the approximately 1,000 clients per year
who utilize their summary advice service. Over the
past two years, less than 30% of clients served
qualified for Legal Aid. This graph shows the
household income levels of those clients who were
served by this program in the 2006-2007 fiscal year.
The graph shows a clear peak in clients around the
$20,000 to $30,000 household income range, which
is above Legal Aid’s income cut-off, but still too low
to afford to pay for legal fees.
Figure 2: Total household income levels of Family Law
Advisory Service clients (Halifax).
Our community survey asked respondents to categorize
any problems they had in getting legal help or dealing
with a legal problem. Nearly all individuals who
answered our survey (92.5%) indicated that they had
trouble paying a lawyer.
“A lawyer in Nova Scotia is a luxury.”
- Community Survey
There is no published data available on the current cost of a lawyer’s time in Nova Scotia, but consensus
amongst those consulted is that fees sit in the range of $100-350 per hour. These fees fall beyond the
reach of the majority of individuals in Nova Scotia.
25
Stats Can article
http://www40.statcan.gc.ca/l01/cst01/famil108d-eng.htm
27
Stats Can article
26
Unmet legal needs
Self represented litigants
Anecdotal evidence suggests that self represented litigants
are becoming increasingly common in all levels of court. This
growing phenomenon reflects the inaccessibility of legal
representation, demonstrating that a do-it-yourself
approach is often the only alternative.
“I was left in the dark and had no
idea how to proceed.”
- Community Survey
Where callers identified to LISNS whether or not they had retained legal counsel, more than half
indicated that they intended to self-represent.28 The most common question that callers asked was
about court procedures.
The Duty Counsel statistics from Supreme Court Family Division indicate that about two-thirds of all of
their clients were involved in actions where both parties were self-represented.29
“It also makes it more
challenging for the trial judge
who must be even-handed but
also try to assist the selfrepresented party, often without
knowing all the facts that might
assist that person .”
- Judiciary Survey
•
•
•
•
•
•
Anecdotal comments from the Judiciary Survey suggested
that trials with self represented litigants took longer,
settlement prior to trial was less common, and parties were
less aware of court processes and necessary documentation.
These delays not only affected self-represented litigants, but
also the other parties involved.
While judges, lawyers and individuals all expressed varying
experiences in either dealing with or being a selfrepresented litigant, certain experiences were common.
These are some of the concerns that were raised:
A judge may be helping, or appear to be helping the self-represented party;
The opposing lawyer may be consulted by the self-represented litigant;
Self-represented litigants may not be as successful as those who have representation by a
lawyer;
Some self-represented litigants feel overwhelmed by court procedure;
Would-be litigants do not know how to initiate matters, and therefore do not pursue them; and
Unfamiliarity with the law or court procedures causes additional delays in proceedings, which
affects the efficiency of the courts.
Pro bono programming in other provinces has attempted to both assist
individuals in their self-representation (by providing summary advice
and help with court procedure), and to provide full representation to
those who cannot effectively represent themselves.
28
Refer to Self-help
centres and resources:
page 41 for more info.
These statistics were collected by LISNS between April 2006 and March 2008.
As reported in the Brief Annual Report for the Duty Counsel/Family Law Advisory Service at Supreme Court Family Division
(Halifax) (2007/2008).
29
21
22
Pro Bono in Nova Scotia: Current practice and future opportunities
4.2
Specific feedback on need from around the province
In our consultations across the province, we heard different perspectives on the scope and nature of
unmet legal needs. We have included these views as well as any available statistical information in the
following section, but the needs outlined below are not meant to be a comprehensive overview of
unmet legal needs in Nova Scotia. Information included is grouped according to:
•
•
•
•
Areas of law
Types of services
Location: urban/rural divide
Vulnerable groups
Areas of law
The anecdotal evidence we collected on specific areas of law where there are significant unmet needs is
reflective of the knowledge, experience and interests of the individuals who came to speak with us.
Family law was overwhelmingly raised as an acute area of need in our round-table discussions,
particularly from the women’s groups that attended.
Subject matter
The LISNS statistics track the subject matter of a call to either
the Legal Info Line or the Lawyer Referral Service. Between April
2006 and March 2008, LISNS received over 15,000 calls. Figure 3
clearly indicates that the most commonly cited subject matter
in their calls was family law, followed by criminal and summary
offence matters. Poverty law was the third most common area
in which callers sought assistance, including debtor/creditor,
landlord/tenant and social assistance matters.
Family law
Criminal law and
summary offences
Poverty law
Other civil law
Employment
Immigration/refugee
Wills and estates
Property/real estate
Number of calls
6943
2535
1547
2412
715
128
1387
768
Figure 3: Calls to LIL or LRS by subject matter.
The remainder of calls dealt with other areas of civil law, of which the most common was wills and
estates. There are almost no existing services in the area of civil law that are accessible to low or middle
income Nova Scotians (other than ad hoc pro bono work). Therefore, this is another significant area of
need.
Types of services
Nova Scotians identified summary advice as their greatest legal need, coupled with potential for full
representation in some circumstances. Legal information is widely accessed through LISNS, and these
resources are known to most community workers. However, legal education and resource development
targeted at vulnerable groups remains a worthwhile initiative.
During our round-tables, staff from community organizations expressed a need for more accessible
summary advice for their clients. Many voiced their frustration at not being able to advise their clients
on their legal issues, and stated that they felt like they were walking the line between giving advice and
not. Some community and court workers suggested the structure of a legal triage centre for summary
advice, designed to maximize accessibility to the public.
Unmet legal needs
Location: urban/ rural divide
By hosting discussions in eleven communities across the province, our study afforded opportunity for
input from residents of rural areas in Nova Scotia. Several participants in our round-tables voiced their
appreciation for being included in the study in such a meaningful way. Rural communities expressed
unique barriers to accessing justice that were not voiced during the urban round-tables, including:
Transportation
Lack of a vehicle or convenient public transportation can make even short distances impossible to travel.
Barriers faced include increased travel times for court dates, meetings and appearances, as well as an
inability to access services.
Choice of lawyer
With fewer lawyers in small communities, clients are often forced to travel for a lawyer in order to avoid
conflicts. This can place a great strain on financial resources. In several smaller communities, concerns
were raised about the effectiveness of Legal Aid Certificates, even for those who did qualify. The main
challenge identified was finding an appropriate lawyer to take them on.
Access to services
Refer to Distance
Within the HRM, specialized service providers work with many
identified vulnerable groups; however, there is a lack of the
same targeted services in smaller and outlying communities.
projects: page 45 for
Effective integration of technology within a pro bono program
can address some of these rural concerns. Technology can be
used both to link urban lawyers directly to clients in rural areas
and to link urban and rural lawyers together for collaboration. These partnerships could be particularly
effective for lawyers in smaller firms interested in taking on a file, but lacking the resources to do so.
more info.
i)
Vulnerable groups
Although the ‘working poor’ was the most commonly referenced group during discussions of need, we
also heard about other populations of Nova Scotians with special needs, including:
•
•
•
•
•
•
•
•
Women
Aboriginal peoples
African Nova Scotians
Seniors
Children and youth
Immigrants and refugees
Individuals with mental health concerns
Individuals with disabilities
23
24
Pro Bono in Nova Scotia: Current practice and future opportunities
Community organizations who actively work with these individuals have specialized knowledge of their
needs, and also have their trust. Any pro bono programming which intends to reach these vulnerable
groups should actively engage existing community initiatives during both design and implementation.
During our consultations, we were able to speak with advocates for
only some of these groups. The views expressed by the women’s
Refer to Issue-based
groups and Aboriginal peoples we spoke to are discussed below.
advocacy: page 37 for
More extensive consultation with a wider range of community groups
more info.
is necessary before priorities for a provincial pro bono organization
can be set.
Women’s groups
Women’s groups had the highest rate of participation in the round-tables: at least one representative
from the local women’s centre or shelter was in attendance at almost every meeting. They spoke of
overwhelming need in the women’s community for access to lawyers, particularly in the area of family
law.
One representative from a men’s organization expressed concern about creating gender-based
programs, namely that men tend not to benefit from them. This concern was echoed by women’s
groups who, in reference to family law issues, stated that there are additional hardships experienced by
women if the opposing side was unrepresented. Gender equity issues must be a consideration in the
design of any pro bono programming.
African Nova Scotian and Mi’kmaq Communities
Any potential pro bono program should be developed in consultation with African Nova Scotian and
Mi’kmaw lawyers and community members. The barriers to the justice system faced by members of
these historically disadvantaged communities are layered and complex and may not be adequately
addressed through typical pro bono programs. In order to best serve these communities, lawyers will
need to learn certain social and cultural mores and be educated in specific areas of law. An interview
with the Director of the Indigenous Black and Mi’kmaq Initiative at Dalhousie Law School indicated
support for an issue-based pro bono program developed in consultation with the African Nova Scotian
and Mi’kmaw communities; indicating that specific knowledge and expertise is needed before a pro
bono lawyer will be of service to these communities.
Discussions with African Nova Scotian members of the bar have indicated that despite the hard work of
a few community-based lawyers, there is still a specific need for pro bono services for African Nova
Scotian youth and parents in the area of education law, civil claims, and test case litigation. In particular,
the rural African Nova Scotian communities lack access to legal services in these areas. There may be an
opportunity for a pro bono initiative to support and enhance the work currently being done in the HRM
and to assist lawyers who are committed to working in the community to meet the legal needs of
African Nova Scotians across the province.
Because of their unique relationship to the Canadian legal system, Aboriginal peoples face additional
barriers to accessing justice. Discussions with representatives of Aboriginal groups who attended the
Unmet legal needs
round-tables, as well as interviews with lawyers practicing Aboriginal law, demonstrated cautious
support for organized pro bono.
The legal issues facing Aboriginal peoples have particular nuances and intricacies, even when they are
similar to issues faced by others across the province. There are a limited number of lawyers qualified to
practice in Aboriginal law.
One lawyer suggested that increased information provision would be one way to increase access to the
justice system for Aboriginal peoples. This could come in the form of a dedicated ‘dial-a-law’ line, a
weekly column in the Mi’kmaq Maliseet News, or an internet site where questions could be answered
by a lawyer. In order for a pro bono initiative to effectively
serve this community, training could be provided to lawyers
Refer to EXAMPLE:
interested in working in this area. Another Aboriginal roundTelejustice Project:
table participant voiced a view that any program developed
page 45 for more info.
should promote equal access to the courts by providing
services to Aboriginal people in proportion to their involvement
with the court system.
Other issues of importance to the Aboriginal community included prosecutions under the Fisheries and
Wildlife Act and the Excise Act, both important because of the potential for large fines and the lack of
Legal Aid in these areas.
25
26
Pro Bono in Nova Scotia: Current practice and future opportunities
5.
Pro bono as a response to unmet needs
The strong commitment to pro bono services among members of the Nova Scotia bar has been
anecdotally observed, and was confirmed by the findings of our lawyer survey. Overwhelmingly,
lawyers indicated that the primary reason they did pro bono was out of a sense of professional
responsibility.
Pro bono was understood in the survey to mean: a) legal work without expectation of pay and b)
undercharging clients in financial need. Respondents were given the chance to indicate which of those
two types of pro bono they provided. Overall, 61% of lawyers indicated that they do volunteer legal
work for individuals or organizations without expectation of pay; 57% said that they undercharge clients
who are in financial need by either billing them for a lower number of hours or at a lower hourly rate;
and only 23% indicated that they do not currently provide any type of pro bono services. For the
purposes of this section only, both free service and undercharging will be considered pro bono.
5.1
Who does pro bono in Nova Scotia?
Some clear trends about who is doing pro bono work in Nova Scotia emerged from our lawyer survey.
Regional pro bono
The highest proportion of lawyers who provide pro bono services work on the mainland, outside the
HRM. This region also has a high number of lawyers who undercharge for their services when a client
cannot afford to pay. Of the lawyers who do provide pro bono services, about one third identified as
being from the Annapolis Valley, and one third from Northern Nova Scotia. One quarter worked on the
South Shore, and 5% worked in both of the Eastern Shore and Central Nova Scotia. Lawyers who worked
in these communities were most likely to provide pro bono service, with only 12% doing no pro bono
work at all. This finding may reflect the higher levels of need in those areas.
Lawyers in the HRM did the least amount of pro bono,
and had the lowest proportion of lawyers from all
regions providing free services or undercharging. The
HRM also has the greatest proportion of lawyers who
did no pro bono at all (29%).
Cape Breton lawyers undercharged clients who could
not afford their services more than their counterparts
in other parts of the province. Only 14% of lawyers in
Cape Breton provided no pro bono services at all.
Figure 4: Pro bono practice by lawyer survey respondents,
according to region.
Pro bono as a response to unmet needs
Years of call
There has been much talk of a greater
commitment to pro bono emerging among lawyers
recently called to the bar, but the survey results
indicate that younger lawyers are not the ones
that are doing the most pro bono work.
Figure 5: Pro bono practice by lawyer survey respondents,
according to years of call.
It is quite the opposite, in fact: our analysis
indicates a clear trend away from pro bono
commitment in more recent bar calls, and the
greatest commitment to pro bono work coming
from lawyers who have been practicing for more
than 20 years. Of these practitioners, only 13%
currently do not do any pro bono and 79% provide
free legal services to clients in need.
New lawyers (0-5 years of call) have the lowest participation rate for providing free legal services (54%)
and for undercharging (47%) across the profession. As lawyers gain seniority, there is a clear trend of
increasing pro bono commitment both in providing free legal services and undercharging clients in
financial need.
“I think that semi-retired, partEmployment status
time practitioners such as myself
There is little appreciable difference between the overall
would be a fruitful area to
rates of pro bono participation between full-time and partactively recruit lawyers for pro
time lawyers, though part-time practitioners are more likely
bono work.”
to undercharge clients in financial need than to provide free
legal services. Nearly 50% of non-practicing or retired lawyers
- Lawyer Survey
indicate that they currently provide no pro bono service,
though 95% had provided pro bono regularly or occasionally in the past, and 87% do other volunteer
work in the community. This suggests that non-practicing or retired lawyers are a group that may be
amenable to participating in pro bono if the specific barriers they face are addressed.
Type of employment
Most free legal services are currently provided by private practitioners, and 93% of these lawyers
provide some form of pro bono. This group was also the most likely to undercharge for pro bono
services, which likely reflects the fact that they have the most control over their own billing.
Government, Crown and Legal Aid lawyers most frequently report that
they do not currently do pro bono work. This is attributable to their
insurance status that prevents them from taking on clients outside of
their regular employment. Targeted programming is necessary to involve
government and Crown lawyers in pro bono practice.
Refer to Insurance:
page 46 for more info.
27
28
Pro Bono in Nova Scotia: Current practice and future opportunities
Legal aid lawyers occupy a different place within the legal system than privately employed lawyers,
providing crucial free legal services to the public. It merits further discussion whether or not legal aid
lawyers should be the target of future pro bono programming. Given their particular expertise in
working with needy populations, these lawyers would certainly have valuable input to contribute to
project design and the development of a pro bono organization.
Of those lawyers who work as in-house
counsel in a corporation, union or other
organization, only 58% provide some form
of pro bono service. This suggests that inhouse counsel are a key group to be
targeted by pro bono programming for
increased participation.
Law faculty have a 70% participation rate in
pro bono service. Among this group, the
most common types of service are
summary advice or assisting with forms and
document creation. Law faculty also have
Figure 6: Pro bono practice by lawyer survey respondents, according to
the potential to use their expertise within
type of employment.
their area of specialty to provide legal
information.
5.3
How much pro bono work?
The majority of lawyers who do pro bono commit fewer than 10 hours per month, with 45% doing fewer
than 5 hours per month. A small segment of lawyers do 10-15 hours (13%), and even fewer commit
more than 16 hours in an average month to pro bono practice. This indicates that pro bono
programming that is based on a time commitment of around 5 hours per month would be congruent
with the amount of time practitioners are currently devoting to this work.
Figure 7: Number of hours of pro bono work performed
per month by lawyers who do pro bono.
Figure 8: Average number of pro bono clients seen per
year by lawyers who do pro bono.
Pro bono as a response to unmet needs
Respondents to the survey who currently do pro bono work indicated most of them take fewer than 6
pro bono clients per year, with 43% serving less than 3 clients on a pro bono basis. Only 15% of lawyers
saw 7-10 pro bono clients on an annual basis, and 14% saw more than 10. This indicates that a relatively
low number of individuals are being helped by each pro bono lawyer,
despite the amount of time they are committing to the work.
Refer to Legal advice
Programming that maximized the number of clients a lawyer could
clinics: page 36 for
serve in a fixed amount of time by cutting down on triage and
more info.
administrative tasks would increase the efficiency of lawyers’ efforts.
5.4
In which areas of law?
Figure 9: Areas of law in which lawyers do pro bono work.
The most commonly served area of law by pro bono
practitioners is non-profit and society law (72%),
which is in accordance with our finding that 12% of
lawyers who do pro bono serve individuals only, and
the rest also provide pro bono work to organizations.
36% of pro bono lawyers practice family law, and
19% help clients with criminal law problems. Poverty
law was described in the survey to include EI,
Worker’s Compensation, landlord/tenant and debtor
issues; 33% of all pro bono practitioners indicated
that they provided service in this area of law. Other
areas of law that lawyers mentioned were: labour
and employment; general civil litigation; wills and
estates; and property and real estate.
Some notable differences in which areas of law were practiced on a pro bono basis are evident between
regions in Nova Scotia.
More than twice as many practitioners in Cape Breton
were likely to offer pro bono services in the areas of
family or criminal law than the percentage of pro
bono lawyers taking on these cases in the HRM.
A greater proportion of lawyers on the mainland
(outside the HRM) practice poverty law than
anywhere else in the province (44%), with a
significant increase from inside the HRM (25%).
A few lawyers mentioned involvements in disability
law, human rights law, administrative law, or
environmental law, and most of these more
specialized areas were practiced in the HRM.
Figure 10: Areas of law in which lawyers do pro bono work,
according to region.
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30
Pro Bono in Nova Scotia: Current practice and future opportunities
5.5
What kinds of services?
Of the lawyers who currently provide pro bono
services in Nova Scotia, there is a clear tendency away
from full representation for clients. Nearly all pro
bono practitioners said that they provided summary
advice to clients: 43% of whom gave summary advice
“sometimes,” and 56% “often.” Assisting with filling
out forms and documents occurred less frequently,
but was still done “sometimes” by 58% and “often” by
38% of respondents. The only type of service that is
“never” done by a significant portion of respondents
was providing full representation (26%). Only 18% of
lawyers who do pro bono indicated that they “often”
Figure 11: Type of services offered by lawyers who do pro
provide full representation to clients.
bono work.
Some variation in the percentage of lawyers who provide full representation is evident across different
practice areas, which reflects the differing demands of each area of law. Of those lawyers that practice
non-profit or society law, 26% report that they never take on full representation of their pro bono
clients. In poverty and family law, about 85% sometimes or often offer full representation to their
clients. Criminal law requires a much higher percentage of pro bono lawyers to fully represent their
clients, and only 6% report that they never serve in that capacity.
Refer to Types of
services: page 22 for
more info.
5.6
Regionally, lawyers on the mainland outside of the HRM and in
Cape Breton were significantly more likely to assist clients with
forms and documentation than their colleagues in the HRM.
Mainland lawyers outside the HRM were also more likely to
provide full representation regardless of practice area.
Why or why not provide pro bono services?
Lawyers who do pro bono are overwhelmingly
motivated by a sense of professional responsibility,
commitment to social justice or spirit of volunteerism.
Much less significant factors that lead lawyers to pro
bono work are their interest in an area of law or
educational or marketing opportunities. When taking
on an individual pro bono client, our survey indicates
that lawyers consider: first, the financial need of
clients (85%); second, any personal relationship with
the client (68%); and third, interest in the case or legal
issues (58%).
Figure 12: Motivating factors for lawyers who do pro
bono work.
Pro bono as a response to unmet needs
These results indicate that there is a strong pro bono ethic that exists among the Nova Scotia bar, and
that many individuals find ways to act on their convictions. Lawyers who see financial need among their
clientele are motivated (or forced) to provide free or reduced fee services, and occasionally also do free
legal work because of existing personal relationships. Another significant motivator is interest in a cause
or legal issue, which indicates that issue-based programming may be a successful tool for recruitment in
any future programming.
Of the lawyers who indicated that they did not
currently provide pro bono services, 56% had
provided pro bono occasionally or regularly in the
past, and 44% had never provided any pro bono
services. A significant majority (77%) of these
lawyers did other volunteer service in the
community, usually for under 10 hours per month.
Time constraints were often cited as the reason for
not providing pro bono services. The most common
of these was that their workload did not allow it
(39%), with family commitments (29%) and other
volunteer commitments (13%) also competing for
time.
Figure 13: Barriers to participation for lawyers who do not
do pro bono work.
It is interesting to note that high workload was cited
most frequently by the youngest lawyers (0-5 years
of call), nearly 60% of whom indicated that this
prevented them from doing pro bono work. It would
be worth exploring whether or not this concern
could be alleviated by proactive firm policies
promoting pro bono to their associates.
Family commitments are the most significant concern for lawyers between 6 and 20 years of call, which
likely reflects the age range during which many lawyers have young families. Time constraints caused by
other volunteer commitments affect lawyers across the spectrum of seniority nearly equally. It is
unlikely that any pro bono programming will directly alleviate these barriers to participation, except to
create finite time commitments that may seem more manageable to already overworked lawyers, and
remove the pressure of administrative tasks.
Some individuals indicated that their work culture did not encourage pro bono practice (16%) and cited
this as a reason that they do not provide those services. Of these respondents, 56% were in private
practice and 25% were in-house counsel at a business or corporation. Crown counsel made up the
remainder of respondents who did not do pro bono because it was not encouraged by their employer,
which is expected given their current insurance restrictions and a lack of special projects aimed at
31
32
Pro Bono in Nova Scotia: Current practice and future opportunities
Crowns. Lawyers with fewer than 5 years of practice were the most likely age group to cite an
unsupportive work culture as a barrier to pro bono work.
Another significant impediment to pro bono practice was lack of insurance. The majority of respondents
who cited this as an impediment were Crown or government lawyers (58%). Of non-practicing or retired
lawyers who do not currently provide pro bono, 79% indicated a lack of
insurance as their most significant barrier to participation. In order to
Refer to Insurance:
increase the involvement of the non-practicing or retired bar, an
page 46 for more info.
alternative insurance arrangement is a vital element of pro bono
programming.
Only 7% of the lawyers who do not do pro bono work indicated either a lack of interest or a belief that it
is the government’s responsibility to provide adequate legal aid as their primary reason for not
providing pro bono services. The most senior lawyers were more likely to cite this reason for their lack of
participation in pro bono activities than their younger colleagues, though it was the least popular reason
in the age group. This indicates that most of the challenges to pro bono participation are logistical than
ideological.
5.7
Support for pro bono in the workplace
Only 5% of lawyers surveyed indicated that their workplace offered a formal policy to support pro bono
work, and another 50% said that support was available on an ad hoc basis. Of the remaining 45% of
lawyers, nearly two thirds indicated that there was no support available for pro bono in their workplaces
and the rest did not know if there was support.
The majority of lawyers who indicated that their workplaces had either formal or ad hoc support were
employed at private firms (83%). Only one lawyer who worked in-house at a corporation or was
employed by a union, society or non-governmental organization indicated that their place of
employment had a formal policy in place, and less than a quarter had ad hoc support available. There is
clearly a gap between private firms and other types of legal employers.
Only 20% of Crown, government and legal aid
lawyers indicated that they had formal or ad hoc
support for pro bono work. It is difficult to draw
conclusions from these numbers because of existing
insurance restrictions. It is clear that special
opportunities must be created in order to involve
government and Crown lawyers in any pro bono
programming.
Of the lawyers who do not currently provide pro
bono, 42% indicated that there was no support
available for pro bono in their workplace, and
Figure 14: Workplace support for pro bono work available
to lawyer survey respondents.
Pro bono as a response to unmet needs
another 33% were not aware of their workplace’s position on pro bono.
Only 14% of lawyers who did not do pro bono had either formal (1%) or ad hoc (13%) support for pro
bono available in their place of work.
In contrast, among lawyers who were currently providing pro bono services, 90% had informal support
for pro bono work and 10% had a formal pro bono policy.
Refer to
Law firm pro bono
policies: page 47 for
more info.
This sends a clear message about how essential it is that legal
workplaces provide support to lawyers in order to facilitate and
promote pro bono practice.
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34
Pro Bono in Nova Scotia: Current practice and future opportunities
6.
Pro Bono models in other jurisdictions
The movement to organize and promote pro bono legal work has taken hold in common law
jurisdictions across the world, with notable programming in Australia, the United States and the United
Kingdom.
This section will focus on the existing organizations that promote pro bono work in Canada. Currently,
provincial pro bono organizations exist in Ontario, Alberta, British Columbia, and Saskatchewan. Quebec
has also recently begun to coordinate the provision of pro bono services, but our discussion will focus on
the common law provinces. For an overview of the provincial pro bono organizations in Canada, please
see the table on the following page.
6.1
Pro bono delivery model ideas
Several models for pro bono service delivery have emerged through the programming initiated by
organizations in other provinces. The following section provides examples of the types of projects that
have been successful in other jurisdictions in order to fuel a discussion about which delivery models are
most appropriate to meet the needs of both lawyers and community members in Nova Scotia. The
project descriptions provided are meant to be illustrative and do not comprehensively represent the
programming by each provincial pro bono organization.
Types of pro bono delivery models:
•
•
•
•
•
•
•
•
•
•
Legal advice clinics;
Issue-based advocacy projects;
Assistance for non-profits and charities;
Roster projects;
Law firm partnerships;
Self-help centres and resources;
Duty counsel programs;
Mediation;
Mentorship and support; and
Distance projects.
Pro Bono models in other jurisdictions
Figure 15: Summary chart of provincial organization logistics.
35
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Pro Bono in Nova Scotia: Current practice and future opportunities
Legal advice clinics
Legal advice clinics offer summary advice to clients
who cannot afford to see a lawyer, and are often
organized according to the area of law or client-base
they focus on. Where legal advice clinics already exist
in the community, a provincial organization can serve
to support them by recruiting volunteer lawyers and
sharing resources. For example, PBLBC partners with
British Columbia’s Salvation Army Pro Bono Clinics. In
Ontario, PBLO also partners with specialty clinics run
by Legal Aid Ontario.
Lawyers: Any insured lawyer.
Clients: Subject to income cut-offs, clients
can be targeted by group or
geographic locale.
Areas of As defined by clinic - can be
law: restricted or unlimited.
Type of Summary advice, assistance with
service: forms and documents. Can provide
referrals to a roster for full
representation.
Logistics: Can be set up on a regular basis in
any community space.
EXAMPLE: Women’s Centre Legal Advice
Requires administrative help to
book appointments.
PLBA runs a Volunteer Lawyer Project at the Women’s
Centre of Calgary where female volunteer lawyers
provide free summary legal advice to the women who attend the Centre. Recognizing that women often
do not have access to family income, the clinic does not operate on an income cut-off. No ongoing legal
work or full representation is available through this project. Clinics are held for two hours one evening
per week, and provide services that focus on poverty law issues, and exclude criminal and immigration
law. Appointments are booked in advance for 30 minute blocks by the Women’s Centre.
EXAMPLE: Aboriginal Family Service Centre Clinic
This PBLS run clinic serves Regina’s North Central neighbourhood. Lawyers provide summary advice on
all areas of the law (including criminal, family and civil) during hour-long pre-scheduled appointments to
clients that meet income cut-offs. The Clinic runs bi-weekly. After a client is seen in the Clinic, they can
be referred to the PBLS Panel Program which operates on a roster model to provide full representation
as required.
Pro Bono models in other jurisdictions
Issue-based advocacy
Some pro bono programs are organized around a
particular issue or client-base, which has proven to be
an effective way to recruit volunteers who are
sympathetic to the cause. These programs often
encompass many models of pro bono service delivery:
legal education and information, advice clinics, full
representation, and partnerships with community
groups and law firms.
EXAMPLE: Child Advocacy Project
PBLO’s Child Advocacy Project is a collection of 5 pro
bono legal programs designed to promote the health
and well-being of children and youth across the
province:
37
Lawyers: Targets lawyers with special interest
in issue. Some projects do not
require insurance, and can involve
retired, non-practicing and
government lawyers.
Clients: Determined by issue focus.
Areas of Determined by issue focus, can be
law: all areas of law for a target group.
Type of Legal education and information,
service: summary advice, full
representation. Also some non-legal
work.
Logistics: Projects are partnerships with
community groups.
•
Education Law Program: Volunteer lawyers from diverse practice backgrounds help ensure due
process in school matters by representing students before tribunals and at hearings. They are
trained by education law experts and receive on-going mentoring.
•
Unaccompanied Minors Program: In partnership with the Immigration and Refugee Board, one
major law firm provides volunteer ‘Designated Representatives’ to minors who arrive alone at
Toronto’s International Airport. These volunteers provide support services, and accompany the
minor through the immigration process but do not provide legal services.
•
Youth Circles: Volunteer lawyers participate in a restorative justice initiative recognized and
supported by the Youth Court. This program operates in partnership with Peacebuilders
International and St. Stephen’s Conflict Resolution Services.
•
Witness Advice: Volunteer criminal lawyers respond to a telephone hotline created in response
to an increase in violent crime in marginalized neighbourhoods, providing information to
witnesses of crimes.
•
Family Legal Health Program: Based in the Hospital for Sick Children, a triage lawyer was hired
to train clinicians in legal advocacy skills and coordinate legal referrals. This projects aims to
address the social determinants of health that have a legal basis.
38
Pro Bono in Nova Scotia: Current practice and future opportunities
Roster projects
Roster projects compile a list of lawyers who are
interested in representing a pro bono client in a
particular area of law and geographical region, and then
refer clients to this roster as the need arises. Referrals
come from the existing network of legal advice clinics,
and from lawyers and advocates who see a need for full
representation beyond their capabilities and time
commitment. Volunteer lawyers are able to indicate the
level of commitment they are willing to make, and when
an opportunity becomes available the case is advertised
to the whole roster and assigned on a first-come-firstserved basis.
Lawyers: Appropriate for litigators.
Clients: Cases pre-screened for merit,
income-cut offs apply.
Areas of Depends on clients’ needs and
law: experience of roster.
Type of Full representation.
service:
Logistics: May require additional funding for
disbursements.
Requires critical mass of lawyers
on roster to be effective.
Administered by a lawyer or staff
person.
EXAMPLE: PBLBC Roster Program
PBLBC began offering a roster program in 2005, with the
goal of providing screened, organized and customized
pro bono opportunities. Where appropriate, roster projects focus on providing assistance in the form of
discrete or ‘unbundled’ tasks. PBLBC currently organizes rosters in the following areas of practice:
•
•
•
•
Wills and estates;
Family law;
Solicitors’ program; and
Mediators’ program.
Additional rosters are organized according to the level of appeal court work they take on.
Each roster is managed by a Volunteer Coordinator who screens each client, assesses each request for
pro bono assistance, connects clients with lawyers and serves as the primary contact for roster lawyers.
The role of PBLBC is to provide support and resources through the period of representation so that the
lawyer is not occupied with administrative tasks, and can focus on providing legal assistance.
Pro Bono models in other jurisdictions
Assisting non-profits and charities
Many non-profit groups and charitable organizations
cannot afford the legal help that they need to continue
to provide community service. Some pro bono programs
partner with community groups in need of legal services
as a way of engaging solicitors in pro bono practice.
EXAMPLE: Volunteer Lawyers Service (VLS)
PBLO’s Volunteer Lawyer Service provides free legal
services to eligible non-profit organizations and charities.
VLS recruits business lawyers to assist in areas such as
incorporation, charitable registration, board governance,
contracts and trademark registrations. Lawyers
contribute by doing case-work or providing legal
education seminars.
Lawyers: Any insured lawyer. Good
opportunity for solicitors.
Clients: Non-profits and charity groups.
Areas of Business law, employment law,
law: governance.
Type of Assistance with forms and
service: documents, summary advice,
drafting policy and by-laws.
Logistics: Only requires matching
lawyers/law students with
community groups.
EXAMPLE: Pro Bono Students Canada (PBSC)
PBLS links solicitors to Pro Bono Students Canada, a nation-wide student-run movement that pairs law
students with community organizations to do volunteer legal work under the supervision of a lawyer.
Volunteer lawyers commit 5-10 hours per year, assisting law students with developing a research plan,
providing guidance throughout the project and reviewing the students’ work before it is submitted.
PBSC students can also be matched to assist a lawyer who is doing pro bono work.
39
40
Pro Bono in Nova Scotia: Current practice and future opportunities
Law firm partnerships
Law firm projects aim to broker partnerships between
firms and community groups or clients, and are
particularly effective in provinces with many large law
firms. By setting up a partnership between a firm and
a group delivering services to low income or
disadvantaged communities, the clients can make use
of the full range of services and resources available at
the firm and develop a lasting relationship that is
responsive to their needs. Law firms in turn receive
an opportunity to demonstrate corporate social
responsibility and engage with their community.
Lawyers: Lawyers who work in larger firms.
Opportunities for solicitors and
litigators.
Clients: Community organization and their
client base.
Areas of Determined by issue focus of
law: community group.
Type of Can be any type of service from
service: legal education to full
representation.
Logistics: Partnerships set up with
community groups.
PBLBC offers a “Community Partnership Manual” on
their website, which outlines steps for creating a pro bono partnership between a community
organization and a law firm. It includes advice to both parties and details how such a program can be
launched and administered.
EXAMPLE: Lawyers for Aboriginal Artists
PBLO has set up a project through community legal clinics linking the intellectual property law
department of a national law firm office with Aboriginal artists in need of legal representation. Lawyers
provide assistance with:
•
•
•
•
•
Copyright review;
Contract review and negotiations;
Incorporation;
Sponsorship agreements; and
Commercial lease reviews (for studio and gallery spaces).
The project is based in Toronto, but links to clinics throughout the Central East region of Ontario, and
lawyers can assist clients by email, phone or fax.
EXAMPLE: Child Advocacy Pro Bono Project
PBLA’s Child Advocacy Pro Bono Project pairs a national law firm office with the Children’s Legal and
Educational Resource Centre (CLERC). This project involves both barristers and solicitors in projects that
include full representation, policy development, resource development and public legal education on
issues affecting children.
Pro Bono models in other jurisdictions
Self-help centres and resources
Self-help centres aim to provide assistance to
individuals who are representing themselves in civil
matters, by providing services that do not include full
representation. This can involve summary advice on
substantive or procedural matters, and assistance in
filling-out forms and document creation.
Lawyers: Any insured lawyer, most
EXAMPLE: Law Help Ontario
PBLO‘s Law Help Ontario project provides “brief
services” to people who are unrepresented in a civil
legal matter because they cannot afford to hire a
lawyer, and do not qualify for legal aid. The project
has two delivery models:
Logistics: Can require permanent location or
•
•
appropriate for litigators.
Clients: Low income self-represented
litigants.
Areas of All areas of civil law dealt with in
law: the courthouse.
Type of Summary advice, assistance with
service: forms and document creation,
assistance with court procedure.
be only open periodically
(depending on volume). May
require additional staff. Resources
can be made available online.
Two self-help centres in Toronto courthouses (Superior Court and Small Claims Court); and
A website providing online legal assistance resources and links to other pro bono initiatives as
appropriate.30
At the Law Help Ontario centres, the project offers walk-in assistance to individuals who meet their
financial eligibility requirements (equal to double the court fee waiver cut-off). Duty counsel lawyers are
available to give summary legal advice in 30-minute sessions and may be able to provide representation
at motions or trials at their own discretion (very rare). Centre staff are available to help individuals with
filling-out court forms and computer kiosks are available with automated document assembly systems.
The Centres also offers free seminars to assist unrepresented litigants in preparing their cases and
provide access to guidebooks and tip sheets on civil actions. All resources available at the Centres are
also available online.
More than one hundred volunteer lawyers with at least three years of experience are recruited from 50
law firms in the Greater Toronto Area, and they complete a training course as well as ongoing
professional development on relevant topics. A managing lawyer is employed by the centre, on a parttime basis.
30
http://www.lawhelpontario.org/
41
42
Pro Bono in Nova Scotia: Current practice and future opportunities
Duty counsel
Duty counsel projects install volunteer lawyers in the
courthouse to provide summary advice and other
necessary assistance to individuals who are selfrepresented in civil matters.
EXAMPLE: Small Claims Duty Counsel Pilot
Project
PBLO recruited four major law firms in Toronto to
provide a lawyer to act as duty counsel in the Small
Claims Court two days per week for low-income,
unrepresented litigants. These lawyers assist clients
by providing:
•
•
•
•
Lawyers: Any insured lawyer, most
appropriate for litigators.
Clients: Self-represented litigants in civil
court, subject to income cut-offs.
Areas of Civil law, not family.
law:
Type of Assistance with forms and
service: document creation, summary
advice, some full representation.
Logistics: Project administrator required to
make appointments, clear conflicts.
Assistance with form completion;
General advice on rules and procedure;
Summary advice related to the claim; and
Representation at trials and settlement conferences.
A project coordinator is responsible for volunteer scheduling, clearing conflicts, and client intake and
referral. The project serves clients both by appointment and on a walk-in basis.
EXAMPLE: Civil Chambers Pro Bono Duty Counsel Project
PBLBC began this pilot project in 2008, which places volunteer lawyers in civil chambers one day per
week. Duty counsel provides three tiers of services to eligible clients appearing in civil chambers on nonfamily matters:
1. Clients can meet with Duty Counsel in advance of their hearing by booking an appointment.
2. Duty counsel provides ad hoc assistance (including representation) to unrepresented litigants
who have a hearing on the same day.
3. Duty counsel can provide summary advice on civil matters to clients not requiring other
assistance.
Clients must have an income below a set household cut-off in order to be eligible for these services.
Pro Bono models in other jurisdictions
Mediation
Trained mediators can contribute their specialized
services on a pro bono basis through projects
designed to provide mediation to low-income clients.
EXAMPLE: Volunteer Lawyer Service (VLS)
Through a partnership with the Ontario Ministry of
the Attorney General (MAG), volunteer lawyers who
are also trained mediators provide free mediation
and dispute resolution services.
Lawyers: Requires mediation training. Can
include retired, non-practicing or
government lawyers.
Clients: Requiring mediation services,
subject to income cut-offs. Can be
represented by counsel.
Areas of Civil law, can include family law if
law: mediators are available.
Type of Mediation, dispute resolution.
service:
Logistics: Project administrator to match
volunteers with clients and clear
conflicts.
EXAMPLE: Dispute Resolution Officer Pilot
Project (DRO)
The DRO Pilot Project operates at the Court of
Queen’s Bench in Calgary. Family law practitioners donate one day every six weeks to conduct dispute
resolution in family law, fulfilling the following functions:
1. To handle any family law interim or variation child support applications on the first return date
(mandatory).
2. To conduct settlement conferences for the parties on ongoing matters at any stage of the
proceeding (on consent).
3. From time to time, to sort out contested motions referred by a judge (on consent).
DROs are available every day that the court is in session, and one-hour appointments can be made in
advance with a designated DRO Clerk.
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Pro Bono in Nova Scotia: Current practice and future opportunities
Mentorship and Support
Lawyers who do not wish to or cannot provide direct
pro bono legal services to the public can participate in
a provincial pro bono organization by providing
mentorship to other lawyers, or engaging in support
services for lawyers who are providing direct services.
Lawyers: Mentorship provides an excellent
EXAMPLE: PBLS Mentor Program
Clients:
Mentorship opportunities are available through PBLS
Areas of
directly, or through the Canadian Bar Association Pro
law:
Bono Mentorship Program which was launched in
Type of
August 2008.31 The goal of mentorship in the pro
service:
bono context is to match lawyers who are involved in
Logistics:
pro bono legal work with mentors who have
experience in providing pro bono generally, or in the
relevant area of law. The CBA offers a “Pro Bono
Mentorship Handbook” as a reference for mentors and mentees.
opportunity for retired or senior
lawyers. Non-practicing or
government lawyers can provide
support, and legal aid lawyers would
have particular expertise to
contribute to the development of
resources.
None.
Any area of law.
Legal education and information,
mentorship.
Lawyers coordinated through
provincial organization.
EXAMPLE: PBLS Support Program
Lawyer volunteers with the PBLS Support Program provide support to their colleagues who are engaged
in the direct provision of pro bono legal services. Their duties can include:
•
•
•
31
Precedent preparation and legal research;
Clinic coordination; or
Resource development for pro bono lawyers.
http://www.cba.org/CBA/groups/probono/mentorship.aspx/
Pro Bono models in other jurisdictions
Distance projects
In order to share resources and provide services
across great geographic distances, many pro bono
initiatives make use of technology to increase
accessibility. Technology can also be used to improve
the efficiency of any project by cutting down on
staffing requirements.
Lawyers: Any lawyer who can provide
summary advice in the area of law.
Clients: Residents of remote communities.
Areas of Any area of law.
law:
Type of Summary advice, legal information.
service:
Logistics: Lawyers coordinated through
provincial organization.
EXAMPLE: Telejustice Project
The Telejustice Project run by PBLO is a partnership
with Nishnawbe-Aski Legal Services and the Ministry of the Attorney General. The “Ask a Lawyer”
service allows Community Legal Workers in Aboriginal communities to compose legal questions and
forward them to a volunteer panel of lawyers to be answered over the internet within 3-5 days. Legal
advice is available in the following areas of law:
•
•
•
•
•
•
•
•
•
•
45
Family law;
Criminal law;
Child welfare;
Youth justice;
Aboriginal and treaty rights;
Employment contracts;
Landlord/tenant issues;
Consumer law;
Seniors’ legal issues; and
Administrative law (i.e. birth certificates).
The project also includes a monthly advice column in an Aboriginal newspaper, information sheets, and
community legal education initiatives that are conducted online and via web or video-conference.
46
Pro Bono in Nova Scotia: Current practice and future opportunities
6.2
Other initiatives
There are other important roles that a provincial pro bono organization can play in facilitating and
promoting pro bono practice. Detailed below are areas in which initiatives by provincial organizations
have made a significant difference to lawyers who seek to provide pro bono services.
Disbursements
Even where a lawyer’s time is provided for free,
litigation entails disbursement costs that may be out
of reach for low-income clients. Some programs have
made provisions to provide money for
disbursements. Our survey indicates that a significant
percentage of lawyers who provide pro bono services
absorb the cost of disbursements themselves when
clients are unable to pay. This is a weighty burden
that may be discouraging lawyers from donating their
time to clients who cannot afford the costs
associated with litigation.
Figure 16: Who pays for disbursements when lawyers do
pro bono work?
PBLBC dispenses an initial disbursement coverage of $300 to roster lawyers who agree to provide pro
bono litigation services to a particular client. Lawyers may request an additional $2,300 to cover
additional disbursements, which will be authorized by PBLBC if they are considered necessary and
reasonable. Additional funds are available at the discretion of PBLBC in exceptional circumstances.
PBLBC’s disbursement coverage is made possible by a short-term grant from the Law Foundation of
British Columbia.
PBLS received a $25,000 grant from the CBA (Saskatchewan Branch) to set up a disbursement fund that
provides lawyers acting for clients through PBLS approved programs with reimbursement for standard
disbursements they may incur. A maximum amo
amount
unt of $1000 may be awarded for those disbursements
that are considered to be necessary and reasonable by PBLS.
The Courts of Nova Scotia currently provide a waiver of selected court fees for those litigants who meet
the Nova Scotia Legal Aid income eligibility requirements.32 In order to facilitate full representation on a
pro bono basis in Nova Scotia, dedicated funding for disbursements should be considered.
Insurance
One of the most significant barriers to participation in pro bono practice for many law
lawyers
yers is their
insurance status. Of the respondents to our lawyer survey who indicated that they did not currently
provide pro bono services, 26% cited a lack of insurance as the reason. In other provinces, provincial pro
bono organizations have been succes
successful
sful in arranging for special insurance coverage for lawyers who
participate in pro bono activities under their supervision.
32
http://courts.ns.ca/General/fees.htm
Pro Bono models in other jurisdictions
The Lawyers’ Insurance Association of Nova Scotia (LIANS) administers the mandatory professional
liability insurance program for members of the Nova Scotia Barristers’ Society (NSBS). An arrangement
between the NSBS and LIANS to provide insurance coverage for pro bono work will be vital to facilitate
the participation of retired, non-practicing, academic and government lawyers in the provision of pro
bono services in Nova Scotia. This approach has been successful in other jurisdictions.
The Law Society of British Columbia has approved participation in certain pro bono projects for
insurance purposes, not all of which are run by PBLBC. Insurance for pro bono work is available from the
Lawyer’s Insurance Fund for “sanctioned services” even to lawyers who are otherwise uninsured, and
the normal consequences that flow from the insurer paying a settlement or judgment on a lawyer’s
behalf are waived. PBLO has worked out a similar arrangement with LawPRO to provide insurance
coverage for lawyers volunteering with PBLO associated programs.33
The Law Society of Alberta has an “active for pro bono only” membership category, to which otherwise
insurance-exempt lawyers can apply. The Alberta Lawyers’ Insurance Association has extended errors
and omissions coverage to these individuals for the purposes of pro bono service delivered through an
authorized pro bono provider as listed in the Law Society of Alberta Rules.34
The Canadian Bar Association has passed a resolution urging all Law Societies to arrange for the
extension of insurance coverage in order to facilitate the participation of all lawyers in providing pro
bono services. The full resolution is attached in Appendix K.
Law firm pro bono policies
A provincial organization can work with individual law firms
to help them institutionalize pro bono participation as part
of their work culture, and develop procedures that
encourage and recognize pro bono work.
PBLO works with individual law firms or corporate legal
departments to help them engage in the process of creating
pro bono policies. The goals of a firm policy on pro bono are
to:
•
•
•
33
Legitimize pro bono work by counting it as billable
time;
Include pro bono as a part of firm culture; and
Streamline ad hoc pro bono delivery for higher
efficiency.
“It would be great to see more
firms actively supporting pro
bono work and not merely
tolerating it. A certain number of
pro bono hours should be an
expectation for all members of
the firm, and there should be
incentives rather than
disincentives for doing pro bono
work.”
- Student Survey
http://www.lawpro.ca/insurance/Practice_type/probono.asp
34
http://www.lawsocietyalberta.com/resources/rulesOfTheLawSociety_Y2RgvP.cfm
47
48
Pro Bono in Nova Scotia: Current practice and future opportunities
PBLA offers a “Best Practice Guide for Pro Bono Legal Services by Law Firms” on their website. This
contains templates of model policies for all types of firms.
PBLS has drafted a “Pro Bono Pledge” which it asks Saskatchewan law firms to sign and commit to
provide support for pro bono legal services within their firms. Pledge signatories are recognized on the
PLLS website. Key elements of the Pledge are the agreement to:
•
•
•
•
•
Establish a pro bono committee or appoint a pro bono coordinator within the firm;
Manage pro bono files using the same administrative procedures as other client files;
Provide training and supervision for lawyers who are engaged
in pro bono work;
Make firm resources available for pro bono work; and
Refer to Insurance:
Provide billable hour recognition for 50 hours of pro bono work
page 32 for more info.
per year.
The results from our survey of lawyers indicated a strong correlation between the existence of a formal
pro bono policy in the workplace, and provision of pro bono services by individual lawyers. In order to
successfully create a pro bono culture in Nova Scotia, a provincial pro bono organization should facilitate
the development of law firm pro bono policies.
Provincial organization websites
Each existing provincial organization uses their website to provide information to the public about their
services and to lawyers about volunteering opportunities. Information available on provincial websites
includes:
•
•
•
•
•
•
•
•
•
•
•
•
Comprehensive information about pro bono projects for potential volunteer lawyers and clients;
Details about the objectives, structure and governance of the organization;
A library of all published resources, including media and press kits, annual reports and
newsletters;
Best practices resources for lawyers who are participating in pro bono projects, and for law
firms interested in setting up community partnerships;
Sample law firm pro bono policies;
Resources for self-represented litigants;
Links to lawyer referral services, legal resources and law related organizations, such as legal aid,
free clinics and legal information societies;
A newsroom with current articles on pro bono legal services;
Profiles of projects and volunteers;
Insurance information for potential volunteer lawyers;
Links to other pro bono organizations in Canada and abroad, federal and provincial government
legal resources and courts; and
Links to US-based poverty law technology resources.
Pro Bono models in other jurisdictions
PBLA and PBLO use the existing Pro Bono Net infrastructure for their organization websites. Pro Bono
Net is a US-based non-profit organization that has developed both lawyer-based (probono.net) and
client-based (lawhelp.org) technology solutions aimed specifically at pro bono legal service provision.
A comprehensive and accessible website is an essential element of a provincial pro bono organization.
Promoting pro bono
Provincial organizations dedicated to facilitating pro bono service provision also play a key role in
building a pro bono ethic within the legal community, and promoting that good work to the public.
Some ways in which provincial pro bono organizations work to promote pro bono include:
•
•
•
•
•
Bringing together key stakeholders in the legal system: the judiciary, bar societies, law
foundations, legal information societies, and legal aid commissions;
Recognizing the contributions of individuals and firms who are providing pro bono services;
Improving the public image of the legal profession by showcasing pro bono projects;
Building partnerships with community organizations and increasing the distribution of legal
information to the public; and
Drawing attention to existing barriers to accessing justice and advocating for the dedication of
increased resources in this area.
Pro bono organizations in other jurisdictions are important advocates for access to justice issues, in
addition to providing actual legal services.
49
50
Pro Bono in Nova Scotia: Current practice and future opportunities
7.
Support for organized pro bono in Nova Scotia
Since pro bono is only one way of increasing access to justice, this study sought input from judges,
lawyers, law students and individuals to gauge public opinion on whether a formal pro bono program is
an appropriate option to pursue. Survey respondents and round-table participants were asked whether
they would be interested in participating in such a program and what their priorities or concerns might
be. This section presents an overview of what we heard and read from individuals across the province.
7.1
Support from the judiciary
Judicial support has been an integral and indispensible element of other provincial programs. Judges
can provide support by raising the profile of the program, securing commitment from participating
lawyers, and promoting pro bono services to self-represented litigants. An engaged judiciary playing a
non-political role can help ensure the success and sustainability of organized pro bono within a province.
During the 2nd National Pro Bono conference in Vancouver
(September 18-19, 2008), the potential role for members of
the judiciary was extensively canvassed, particularly with
regards to leadership positions and responsibilities that would
be appropriate for sitting members of the bench. It was
suggested that judges who wish to be involved in the
leadership of the organization might be better suited to
participating on an Advisory Board rather than as a Director on
the Board. This position would ensure that they were not
associated with any of the advocacy work performed by the
organization or any law reform initiatives.
“The Bar Society should take the
lead in creating a more formal
structure to encourage all
members of the Society to
participate in pro bono.”
- Judiciary Survey
Role for pro bono work in addressing access to justice concerns
The judges’ ideas for the potential role of pro bono lawyers varied considerably depending on their
location (urban/rural) and the court in which they sit. Availability of information and duty counsel at
the Family Court in Halifax and Sydney were credited as filling some of the void, especially when
compared to services available in rural areas. Despite the information available to litigants in Family
Court, members of the judiciary in rural areas identified barriers to accessing lawyers, including few
family practitioners taking Legal Aid Certificates.
Judges in rural areas also identified potential concerns with summary advice clinics, citing the limited
pool of lawyers and the potential for conflicts in specialized areas of law.
Type of pro bono work that the judiciary would support
The judiciary had high praise for the both lawyers already engaged in providing pro bono services and
the role that Nova Scotia Legal Aid plays in facilitating access to the justice system. Legal Aid Certificates
were identified as a form of pro bono, with practice areas outside Legal Aid’s “menu of services” seen as
fertile ground for a formal pro bono organization.
Support for organized pro bono in Nova Scotia
Full representation of clients was not always seen as necessary, and suggestions for effective targeted
involvement include:
•
•
•
•
•
•
Pre-court advice;
Post-decision consultations (explaining the court order);
Assistance in discoveries;
Trial preparation, assistance in document compilation, direct and cross-examination assistance;
Settlement conference preparation; and
If pleading guilty, speaking to the Crown regarding sentencing.
Unbundling legal services in the manner suggested by the judiciary has been attempted in other
jurisdictions as a way to provide targeted assistance in a limited number of key areas where need is
perceived to be significant.
Promoting pro bono
All respondents indicated that they would be willing to take steps to promote a potential pro bono
service in their courtrooms as this support would directly benefit the litigants. This type of involvement
would be similar to referring litigants to the Legal Information Society’s Lawyer Referral Service, to duty
counsel, or to any other court-based programs.
Some members of the judiciary indicated that they would speak publicly from the bench about the
program or access to justice issues. This type of support offered by the judiciary could benefit both the
profession and any potential pro bono program. The influence of the judiciary on the profession cannot
be underestimated and this type of promotion would be a great help in volunteer lawyer recruitment
and retention.
The judiciary offered to assist with program development as a third type of support. This may be for incourt programs or as a member of an Advisory Board for a pro bono organization.
Members of the judiciary should be encouraged to participate in any possible capacity as their
involvement will raise the organization’s profile and thereby increase involvement of the profession and
public awareness of pro bono services.
51
52
Pro Bono in Nova Scotia: Current practice and future opportunities
7.2
Support from the bar
The level of support for organized pro bono among members of the bar is a good indicator for whether
such a program is likely to garner the professional support necessary for its success. Ideally, a provincial
organization would encourage participation both among lawyers who currently provide pro bono
services and those who do not.
While professional responsibility is often cited as a
primary reason for providing pro bono services, the
survey results indicate that lawyers do not feel they
have an obligation to engage in pro bono. The majority
of respondents who provide pro bono services indicate
that they believe pro bono is an individual choice.
Interestingly, some respondents indicated that they
thought lawyers had a responsibility to provide pro
bono services, but did not provide any themselves.
Among other reasons, this could be due to insurance
restrictions.
Figure 17: Opinions on mandatory pro bono from lawyer
survey respondents.
Forty-four percent of respondents indicated that they thought the creation of a formal organization
would be beneficial and only 15% of respondents indicated that they would not support it. This
indicates that a formal organization has the potential to gain the support of the bar. It is interesting to
note that of the lawyers who do not do pro bono work, the majority indicated support for organized pro
bono services.
Over 40% of respondents indicated that they did not know if they would support the creation of a
provincial pro bono organization. This may be attributed to lack of knowledge about the role of a formal
organization.
Overall, 15% of lawyers indicated that they would not support the creation of a pro bono organization.
The most significant reasons involve program structure and managament, and are not based in a strong
Figure 18: Support for organized pro bono from lawyer
survey respondents.
Figure 19: Reasons given for not supporting organized
pro bono.
Support for organized pro bono in Nova Scotia
“To me, providing pro bono is
part of being a professional. To
formalize it takes away another
aspect of being a member of a
profession, and our profession
has lost too much of that
professionalism already.”
- Lawyer Survey
53
opposition to pro bono work. Only 8% of the lawyers who
did not support the creation of an organization indicated
that they did not think that pro bono should be promoted.
Lawyers are concerned about losing control and
independence over their work and do not want to see
valuable resources being spent on another layer of
bureaucracy.
Seventy-seven percent of lawyers across the province are
already providing pro bono legal services. The purpose of
creating a formal organization would be to include both
lawyers who currently provide pro bono services as well as those that do not. One of the goals of the
organization would be to encourage lawyers who do not currently provide pro bono to get involved.
Of the 26% of lawyers who indicated that they would
definitely provide pro bono through a formal program,
4% are lawyers who do not currently provide any form
of pro bono.
Additionally, 50% of all lawyers indicated that they
would participate if it were made convenient. The
experience in other jurisdictions has been that a
formal, organized program makes pro bono more
efficient and accessible for volunteer lawyers by:
•
•
•
Taking the administrative work out of it;
Screening cases for merit and financial
eligibility; and
Establishing clear boundaries in time and
services.
Figure 20: Willingness to participate in organized pro bono
among Lawyer Survey respondents.
Specific areas of law
Lawyers were concerned about the areas of law that would be involved in pro bono programming, with
specific reference to issues in family and poverty law.
Family law practitioners, especially in rural areas, voiced concern that
they would be overburdened by pressure to do more pro bono – they
indicated that often the same people were asked to do pro bono work.
Refer to Areas of law:
page 22 for more info.
Lawyers who work in the area of poverty law expressed concern that
practitioners who lacked experience with the subject matter or client population would not be able to
provide effective assistance. Other jurisdictions have addressed this concern by providing collaborative
opportunities in poverty law where experienced poverty law lawyers are supported by colleagues with
other relevant expertise.
54
Pro Bono in Nova Scotia: Current practice and future opportunities
7.3
Law student views on pro bono
Given the growing pro bono movement in law schools across Canada, we were interested in gauging the
views of current law students on pro bono services. To this end, we conducted a survey of current
students at Dalhousie University’s Faculty of Law, asking them about their intention to integrate pro
bono work into their future practice, and the importance of workplace support for pro bono activities.
The response rate for this survey was approximately 25% of the student body.
Pro Bono Students Canada (PBSC)
Since its inception in 1996 at the University of Toronto Faculty
of Law, Pro Bono Students Canada has become a nation-wide
student movement that promotes pro bono practice within
law schools. Each year, more than 2,000 law students
participate in the program and are matched to a community
organization or clinic to do volunteer legal work under the
supervision of a lawyer.
PBSC was launched at Dalhousie in 2000, and quickly became
the largest program in the country. This is felt to be reflective
of both the strength of student interest at Dalhousie, and the
receptiveness of community organizations in Halifax to their
services. In 2008-2009, there were 155 students doing
community placements through PBSC Dalhousie, with the
involvement of 32 supervising lawyers. Their work reached 40
community organizations, with students contributing by
staffing legal information lines, working in clinics, preparing
legal education resources, and doing legal research and case
preparation.
“I anticipate a lot of students will
feel it presumptuous to ask their
employers if they can participate
in pro bono pursuits in the very
early stages of their careers. I
imagine the pressure to bill
hours, real or perceived, will
present a barrier to getting
involved early in giving back to
the community. Anything you
can do to overcome this would
be a great start, in my books!”
- Law Student Survey
We hope that the presence of organized pro bono
opportunities in law schools will positively affect
students’ commitment to pro bono practice, and
promote ideals of community engagement in future
lawyers. Of the students who answered our survey, 84%
indicated that they had participated in, or intend to
participate in the PBSC Dalhousie program.
Figure 21: Importance of workplace support for pro bono
to students, according to PBSC participation.
Participation in a PBSC placement was not a strong
indication of whether or not a student intended to
incorporate pro bono work into their future practice.
However, the perceived value of workplace support for
pro bono varied between these groups. Among those
Support for organized pro bono in Nova Scotia
students who participated in organized pro bono opportunities in law school, 54% indicated that
workplace support for pro bono was very important to them. In contrast, only 26% of students who did
not participate in PBSC shared their view. The latter group was more likely to indicate that workplace
support was somewhat important, with 58% choosing that response.
It is clear from these results that while participation in the PBSC program during law school does not
necessarily increase the likelihood that students will provide pro bono once they become lawyers, their
appreciation of coordinated pro bono opportunities is enhanced by this experience.
Intention to provide pro bono services
When asked whether or not they planned to incorporate
pro bono practice into their professional lives after law
school, 75% of respondents to our survey said yes.
Another 21% indicated that they had not thought about
pro bono practice, and only 4% stated that they did not
intend to practice pro bono.
Of law students who expressed an intention to practice
law in Nova Scotia after graduation, a slightly larger
fraction (78%) indicated that they intend to do pro bono
work, and only 2% said they did not plan to provide pro
bono services.
Refer to Years of call:
page 27 for more info.
Figure 22: Students' intention to incorporate pro bono
work into future practice.
These results indicate that an overwhelming majority of law
students graduate from law school with the intention to do pro
bono work. When viewed in contrast to our finding that the
lowest participation rates in pro bono practice are found
among the newest members of the bar, this finding suggests
that something is preventing new graduates from realizing their
good intentions.
Importance of workplace support for pro bono
Fourty-nine percent of all respondents indicated that it was very important to them that their employer
provides support or encouragement for pro bono practice. Another 43% said such support was
somewhat important to them, and only 8% said it was not important that there be support or
encouragement for pro bono in their workplace.
Among those respondents who indicated an intention to practice law in Nova Scotia, a greater fraction
(66%) indicated that workplace support was very important.
55
56
Pro Bono in Nova Scotia: Current practice and future opportunities
Of those students who indicated that they intend to include pro bono practice in their work after law
school, the majority (65%) said that it was very important to them that their future employer provide
support or encouragement for pro bono.
“I think it's very important that firms themselves encourage pro bono work and set up
systems that allow for it and take some of the pressure off achieving billable hours such as allowing for a certain number of hours to be pro bono and count towards the
total billable for partnership tracks etc. Perhaps even institute a minimum number of
pro-bono hours.”
- Law Student Survey
Students who indicated that they had not considered whether they would do pro bono work after law
school still placed importance on workplace support for pro bono activities. Only 20% said that
workplace support was not important to them, and 76% indicated that such support was somewhat
important.
Figure 24: Importance of workplace support for pro bono
to students.
Figure 23: Importance of workplace support depending
on students' intention to do pro bono work.
These findings indicate that students are looking for leadership and
support from their employers when it comes to pro bono work and
that stronger pro bono policies in the workplace may increase the
engagement of young lawyers in this work.
Refer to
Law firm pro bono
policies: page 47 for
more info.
Support for organized pro bono in Nova Scotia
7.4
Response from the community
Individuals and community group representatives at the round-table discussions across the province
indicated that they would welcome any increased access to justice in their communities, and would like
to hear more about future plans for organized pro bono services. By meeting with Nova Scotians in
eleven different communities, this project was able to begin
to build the relationships than can turn into potential
“We need access to anything that
partnerships for future programming. While the
would give us more access.”
overwhelming feeling at the majority of the round-tables was
- Community Survey
positive, certain concerns were raised that merit
consideration. These include concerns that:
•
•
•
•
Pro bono would be used as a training ground for new lawyers and that quality of service would
not be equivalent to paid representation;
Increased pro bono services would take pressure off the government to improve access to
justice;
Dependence on the commitment of volunteers would leave the programming susceptible to
failure if they stopped participating; and
An organized program would be based in urban centres and would not reach the rural
communities in need.
57
58
Pro Bono in Nova Scotia: Current practice and future opportunities
8.
Encouraging lawyers to do pro bono
The active engagement of lawyers who are motivated to
provide their services is an essential element of a successful
pro bono program. A section of our Lawyer Survey was
dedicated to finding out what incentives would encourage
lawyers to provide more pro bono, and specifically whether
six different potential motivating factors would ‘strongly
encourage,’ ‘somewhat encourage’ or ‘not encourage’ them
to provide more pro bono services. An ‘other’ option with
space for a comment was also included.
“By offering incentives for pro
bono work, you change the
‘community service’ aspect of
this type of client service…Those
who currently do pro bono work
will likely continue their work
regardless of initiatives.”
-Lawyer Survey
Several comments indicated that pro bono work should not require any encouragement or incentives
and should be motivated by purely altruistic factors. Other, more specific suggestions were also offered
in the comments.
This section is based on the survey results which
were broken down by geographic region, number of
years since call to the bar and type of employment.
Graphs representing each of these factors are
contained in Appendix L. Different motivating
factors were found to encourage different groups of
lawyers. The number of years since call to the bar
was the most significant factor in determining what
motivating factors provided the most
encouragement. Suggestions for program types
that target these motivating factors are also
provided.
Figure 25: Factors identified by lawyer survey respondents
that would encourage them to do pro bono work.
Public Recognition
Overall, public recognition was the second least
popular incentive surveyed. However, approximately
38% of lawyers surveyed indicated that public
recognition would either strongly or somewhat
encourage them to provide pro bono. This indicates
that on its own, public recognition would be unlikely to
encourage pro bono involvement, though if public
recognition were to be included, individual lawyers
would be more satisfied with the program.
Figure 26: Public recognition as an encouraging factor,
according to years of call.
Encouraging lawyers to do pro bono
The most junior lawyers (0-5 years since call) were more likely to be encouraged by public recognition
than the lawyers called before them. Public recognition was the least likely factor to encourage lawyers
who were called to the bar over 21 years ago.
Public recognition was not defined in the survey, and several comments noted that a firm culture
supporting pro bono involvement would be an encouragement, while others mentioned that recognition
from the Barristers’ Society would be encouraging. Public recognition can take on different forms. The
experience in other jurisdictions has been that recognition for pro bono activities provides
encouragement to other lawyers to participate.
Examples of ways other organizations have shown recognition for pro bono participants include:
•
•
•
•
Featuring star lawyers on the provincial organization website;
Annual pro bono dinner to recognize pro bono accomplishments;
Letters from judiciary recognizing lawyers’ work and contributions; and
Recognition in the provincial organization’s newsletter of key contributors.
Charitable tax receipts
The issue of charitable tax receipts was the most controversial of the suggested incentives, prompting
both strong indications of support and strong opposition. The issue was so divisive because the financial
benefit to lawyers is seen by some to run contrary to a pro
bono ethic of pure volunteerism.
“I’ve felt for a few years that
lawyers who do pro bono work
should be eligible for charitable
donation receipts and I’d really
encourage you to promote this.”
- Lawyer Survey
Others believe that receiving a tangible benefit such as a
tax receipts is not inappropriate because time has a
monetary value. This is consistent with some light-hearted
survey comments that suggested payment would
encourage pro bono work.
Tax receipts were also viewed as a way to share the costs of
pro bono with society as a whole, as an indirect way for the government to support an access-to-justice
initiative.
In Alberta, it was decided that to give tax receipts in
exchange for pro bono work was contrary to the spirit
of pro bono because it involved an expectation of
benefit that goes against a strict volunteer ethic.
Rather, the sentiment expressed in Alberta was that
the monopoly that lawyers have on legal services
creates an obligation to provide legal services.
Overall, the results of the survey indicated that
charitable tax receipts would be a strong incentive for
lawyers to provide more pro bono services, with 32%
Figure 27: Charitable tax receipts as an encouraging
factor, according to type of employment.
59
60
Pro Bono in Nova Scotia: Current practice and future opportunities
of lawyers indicating that it would strongly encourage them, and 39% indicating that they would be
somewhat encouraged.
A lawyer’s type of employment proved to be the characteristic which best determined whether
charitable tax receipts would be a motivating factor in provision of pro bono services. Eighty percent of
those who work in firms of 2-5 lawyers would be encouraged to do more pro bono by a tax receipt.
Lawyers in larger firms (6+ lawyers) were more likely to be somewhat encouraged, but the survey
showed that 70% of lawyers from firms this size were likely to be somewhat or strongly encouraged.
It is also important to note that the majority of survey respondents were lawyers employed in small
firms of 2-5 lawyers and therefore the significance of the potential impact of charitable tax receipts for
this group of lawyers should not be overlooked. Given the responses from the bar to our question, the
issue of whether or not charitable tax receipts should be given for pro bono work merits consideration.
Files that match specific interests
Fifty-one percent of lawyers across the province indicated that files that matched their specific interests
would strongly encourage them to provide more pro bono services, and a further 37% indicated that
they would be somewhat encouraged. Across the province, this was single highest factor in promoting
increased pro bono work.
Recently called lawyers were more likely to be
motivated by files that matched their specific interests.
Sixty-two percent indicated that they would be
strongly encouraged and a further 32% indicated that
they would be somewhat encouraged (a total of 94%
were encouraged by this factor). Although the
importance of this connection declined for lawyers
with higher years of call, it remains a significant
motivating factor.
Sole practitioners, lawyers in large law firms (26+
lawyer) and lawyers employed in societies, unions,
faculties of law and as in-house counsel were most
Figure 28: Files that match interests as an encouraging
likely to be strongly encouraged to provide pro bono
factor, according to years of call.
for files that matched their specific interests (at approximately 60%).
Many responses to the Lawyer Survey emphasized that maintaining control and autonomy over their
practice was integral. Choice in files gives the opportunity for
lawyers to maintain control over what files they take and allow
Refer to 6.1
Pro
them to participate in pro bono programs on their own terms.
bono delivery model
ideas: page 37-38 for
Examples of programs that match lawyers with files of specific
more info.
interest to them include roster programs and issue-based
advocacy projects.
Encouraging lawyers to do pro bono
Finite time commitment
Time constraints were consistently cited as a reason for not providing more pro bono. Firm pressure to
achieve billable hour targets, family and other outside commitments are all time factors that limit pro
bono involvement. Lawyers also expressed concern that pro bono files could overwhelm a regular
practice.
By designing programs to offer lawyers a finite time
commitment, individual lawyers will be able to become
involved even if their availability is limited.
Seventy-one percent of lawyers indicated that they would be
strongly (31%) or somewhat (40%) encouraged to provide
more pro bono if a finite time commitment was involved. This
is particularly true for lawyers called to the bar less than five
years ago, where 83% indicated that they would be
encouraged (41% strongly, 42% somewhat).
“The biggest concern I have with
pro bono work is the client not
understanding or respecting my
time commitments. If a nonprofit organization could
somehow assist with this
potential pro bono problem that
would be great.”
- Lawyer Survey
Examples of programs offering a finite time commitment
include legal advice clinics and self-help centres.
Widening client base
Pro bono involvement has the potential to widen a lawyer’s client base through recommendations,
future (non-pro bono) cases, community involvement and networking opportunities.
Overall, the responses to the survey indicated that
this was not a major motivating factor in encouraging
pro bono involvement. Fifty-five percent of lawyers
indicated that this would not encourage them.
However, the number of years since call to the bar
was a major indicator of how motivating this factor
was likely to be. Recently called lawyers (0-5 years
called) are more likely to see potential for widening
their client base as an encouraging factor, while
almost 70% of lawyers called over 21 years ago
indicated that this would not encourage them.
Figure 29: Widening client base as an encouraging factor,
according to years of call.
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Pro Bono in Nova Scotia: Current practice and future opportunities
Mentorship and learning opportunities
The potential for mentorship and learning
opportunities were strong motivating factors for
several segments of the lawyer population.
About 80% of lawyers who have been called to the
bar within the last 10 years indicated that they would
be strongly or somewhat encouraged by prospects of
mentorship and learning. This was also especially
important in large firms (26 lawyers +) with over 60%
of respondents indicating that they would be strongly
encouraged.
Figure 30: Mentorship and learning opportunities as an
encouraging factor, according to years of call.
A formal organization with a mentorship program could alleviate
some of the fears expressed by community members and lawyers
about pro bono being used as a training ground for young lawyers.
Younger lawyers, or lawyers inexperienced in a particular area of law,
could be matched to allow for supervised learning. Formal mentorship
could also promote collegiality among the profession.
Refer to Mentorship
and Support: page 44
for more info.
Recommendations
9.
Recommendations
Set up a provincial pro bono organization
The primary recommendation from this study is that a provincial pro bono organization be established
to facilitate and promote the increased provision of pro bono legal services in Nova Scotia. Establishing
Pro Bono Law Nova Scotia (PBLNS) would make Nova Scotia a leader in Atlantic Canada and would
follow the example set by other provinces.
We recommend the following be considered as priorities in future discussions about establishing such
an organization:
1. Developing a sound governance structure with stable funding sources.
2. Designing an effective publicity and outreach strategy.
3. Increasing the availability of free summary advice and full representation to individuals who are
unable to afford a lawyer through appropriate pro bono delivery models.
4. Eliminating existing barriers to lawyers’ participation in pro bono work.
5. Supporting lawyers who already provide pro bono services, and encouraging greater
participation from the bar.
6. Maximizing accessibility of services to rural communities and vulnerable groups.
7. Facilitating the coordination of access to justice initiatives in the province.
We have provided a brief summary of ideas that have emerged through this study under each specific
recommendation. Further work is required before determining the precise direction for organized pro
bono in Nova Scotia.
Recommendation 1
Develop a sound organizational structure with
stable funding sources.
A strong board will help promote the organization to both lawyers and individuals. The board should
include lawyers and non-lawyers, and if appropriate, members of the judiciary (potentially in an advisory
capacity).
In other provinces, programs are funded by the provincial Law Society and Law Foundation. We
therefore recommend that the Nova Scotia Barristers’ Society and/or the Law Foundation of Nova Scotia
take financial responsibility for a provincial pro bono organization. The organization should in no way
compete for funds with Legal Aid.
The organization should be staffed on a full-time basis by a lawyer who has a demonstrated
commitment to increasing access to justice in Nova Scotia, with additional support staff as needed.
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Pro Bono in Nova Scotia: Current practice and future opportunities
Recommendation 2
Design an effective publicity and outreach
strategy.
Effective publicity and outreach will ensure that the public can readily gain information about available
pro bono programming, and promote pro bono as a means of improving public perception of the legal
community.
A provincial organization should strive to build relationships with community organizations that serve
vulnerable populations, and ensure that community groups are able to make referrals to pro bono
services for their clients.
Fostering active engagement with the judiciary should also be a priority, with a view to involving them in
promoting pro bono to the bar and the public.
Collaboration with the NSBS and County Bar Associations will be essential in order to effectively
communicate with the bar.
Securing the public support of major regional law firms will set an example within the private bar. Law
firms can sponsor specific pro bono initiatives in order to increase their level of commitment to pro
bono programming
Recommendation 3
Develop appropriate pro bono delivery models.
We propose that the following delivery models are the most appropriate initial projects for a provincial
pro bono organization in Nova Scotia:
•
•
•
Legal advice clinics where individuals can access summary advice from a volunteer lawyer;
Roster programs to provide full representation or additional advice where appropriate on
referral from the legal advice clinics; and
Issue-based projects in partnership with existing advocacy initiatives and community groups.
Further consultation with community groups, identified stakeholders, lawyers, members of the judiciary
and Legal Aid will be necessary before the scope or nature of these projects can be decided. We
recommend that attention be paid to the following issues in program design:
•
•
•
•
•
Areas of law offered: should not duplicate those covered by other services, especially Legal Aid;
Eligibility criteria for services: should focus on individuals who cannot afford to pay legal fees;
Hours/ days of operation: should reflect need and volunteer capacity;
Training protocols: should be carefully developed for volunteer lawyers; and
Unbundled legal services: should be included where appropriate.
Recommendations
Recommendation 4
Eliminate barriers to pro bono participation for
lawyers.
Arrangements should be made through the Lawyers Insurance Association of Nova Scotia and the Nova
Scotia Barristers’ Society to cover lawyers participating in PBLNS projects. This will allow lawyers not
otherwise insured to participate, including government, in-house, law faculty and other non-practicing
lawyers. The Barristers’ Society could consider waiving additional fees for lawyers only involved in pro
bono practice.
Funding for necessary and reasonable disbursements should administered by a provincial organization.
Dedicated funding may be required.
All legal workplaces should be encouraged to adopt internal policies that promote and support pro bono
work, with attention to the under-involvement of junior lawyers.
Recommendation 5
Recruit volunteers and support lawyers who do
pro bono.
When recruiting volunteer lawyers, the organization should focus on those factors which have been
shown to encourage participation, including:
•
•
A finite time commitment; and
Work that matches their specific interests.
Mentorship between lawyers with different levels of expertise should be facilitated. Partnerships
between urban and rural lawyers should also be considered.
Specific areas of law may require additional training and support for lawyers unaccustomed to practicing
in those areas. Continuing education opportunities for participating lawyers should be considered.
Volunteer lawyers should be recognized and appreciated for their contributions, and successful pro
bono projects should be showcased to the public and legal community.
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Pro Bono in Nova Scotia: Current practice and future opportunities
Recommendation 6
Maximize the accessibility of services to rural
communities and vulnerable groups.
A provincial organization website should provide all necessary information to both volunteer lawyers
and members of the public about pro bono programming and other available resources.
All projects should incorporate appropriate technology to facilitate accessibility, including videoconference capabilities, fax and computers. Information about all programs should be available online.
Partnerships between lawyers in different communities should be encouraged in order to overcome the
high potential of conflicts. Given the relatively small distances between communities in Nova Scotia, the
possibility of a mobile legal clinic should be considered.
In order to overcome literacy barriers, program materials should use audio and video where possible to
supplement written documents.
Recommendation 7
Act as a hub for access to justice initiatives in the
province.
A provincial pro bono organization should act as a hub for legal resources in Nova Scotia, and provide as
much information about the justice system as possible to the public.
Lawyers employed by a provincial pro bono organization will have specific experience and knowledge in
relation to access to justice issues. This expertise provides them with a unique ability to advocate for
funding and programming that will better meet the needs of those currently not served by the justice
system.
References
References
Websites
Pro Bono Law Ontario: http://www.pblo.org
Pro Bono Law Saskatchewan: http://www.pblsask.ca
Pro Bono Law Alberta: http://www.pbla.ca
Pro Bono Law British Columbia: http://probononet.bc.ca
2nd National Pro Bono Conference: http://www.proconoconference.ca
Canadian Bar Association: http://www.cba.org
Canadian Judicial Council: http://www.cjc-ccm.gc.ca
Legal Information Society of Nova Scotia: http://www.legalinfo.org
Pro Bono Students Canada: http://www.probonostudents.ca/
Nova Scotia Barristers’ Society: http://www.nsbs.org
Nova Scotia Courts: http://courts.ns.ca
reachAbility: http://www.reachability.org
Metropolitan Immigrant Settlement Association: http://misa.ns.ca
Halifax Refugee Clinic: http://www.halifaxrefugeeclinic.org
Dalhousie Legal Aid Service: http://law.dal.ca/Institutes/Dalhousie%20Legal%20Aid%20Service/
Publications and Reports
Devlin, R. “Breach of Contract?: The New Economy, Access to Justice and the Ethical Responsibilities of
the Legal Profession” in Wolley, Devlin, Cotter & Law, ed. Lawyers’ Ethics and Professional Regulation
(Markham, ON: LexisNexis, 2008) 495.
Granfield, R. “The Meaning of Pro Bono: Institutional Variations in Professional Obligations among
Lawyers” (2007) 41:1 Law and Society Review 113.
Sossin, L. “The Public Interest, Professionalism and Pro Bono Publico” (2008) 46 Osgoode Hall Law
Journal 131.
Statistics Canada, Income Research Paper Series, Low Income Cut-offs for 2007 and Low Income
Measures for 2006 2006/2007, Catalogue no. 75F0002M, www.statscan.ca.
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Table of Appendices
Appendix A: CBA Resolution on promoting pro bono .................................................................................69
Appendix B: Advertisement in the Society Record ......................................................................................72
Appendix C: Lawyer survey .........................................................................................................................73
Appendix D: Judiciary survey.......................................................................................................................80
Appendix E: Community survey ..................................................................................................................83
Appendix F: Example of round-table invitation ..........................................................................................87
Appendix G: Example of round-table hand-out ..........................................................................................88
Appendix H: Notes from the round-tables ..................................................................................................90
Appendix I: Law student survey ..................................................................................................................98
Appendix J: Provincial organization contacts ..............................................................................................99
Appendix K: CBA Insurance Resolution .....................................................................................................100
Appendix L: Encouraging pro bono ...........................................................................................................102
/Appendix A: CBA Resolution on promoting pro bono
Appendix A: CBA Resolution on promoting pro bono
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Pro Bono in Nova Scotia: Current practice and future opportunities
/Appendix A: CBA Resolution on promoting pro bono
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Pro Bono in Nova Scotia: Current practice and future opportunities
Appendix B: Advertisement in the Society Record
/Appendix C: Lawyer survey
Appendix C: Lawyer survey
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/Appendix C: Lawyer survey
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Appendix D: Judiciary survey
/Appendix D: Judiciary survey
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Appendix E: Community survey
Appendix E: Community survey
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Appendix E: Community survey
85
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Pro Bono in Nova Scotia: Current practice and future opportunities
Appendix F: Example of round-table invitation/
Appendix F: Example of round-table invitation
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Appendix G: Example of round-table hand-out
/Appendix G: Example of round-table hand-out
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Pro Bono in Nova Scotia: Current practice and future opportunities
Appendix H: Notes from the round-tables
Notes from the Kentville Round-table
Date: July 29 2008, 12-2pm
Present: Emma, Hilary, 3 lawyers, 2 members of community organizations
Discussion of existing organizations providing pro bono opportunities
- discussion about whether legal aid certificates are ‘pro bono’ – mixed feelings
Provision of Pro Bono and current need
- question from community member about whether a ‘needs assessment’ was necessary
– isn’t need obvious?
- We had provided stats about current pro bono services – the community members were
surprised by the quantity of pro bono that lawyers indicated doing
- Discussion about mandatory pro bono – recommendation from lawyer about looking into
program in New York. Although said legal aid was not as extensive there. Indicated that
a smaller community held a ‘law day’ where many lawyers donated their services.
- Question as to what would happen to any settlements received.
- Family law discussion – great need, but harder to implement. One lawyer disagreed –
certificate lawyers get timelines for family cases – it is possible.
Possibility of a formal program
- brief descriptions of programs in BC and ON.
- Suggestion for including retired lawyers – payment of bar society fees (not just
insurance) for lawyers who indicate that they will only engage in pb work.
- If there is an expectation for the private bar to take on cases, then the Barristers’ Society
should be supportive
General Comments
- accessibility: comments from community group participants – services need to be
accessible – not just HRM based. Many clients with no vehicle/ not on bus routes
- legal aid certificates – consider paying more for them (more in line with what legal aid
lawyers make.)
- clear definition of pb “if a person is doing it out of the goodness of their heart.. that’s pro
bono” (community member). Pb is not when clients just don’t pay.
- Family courts already fairly well served
- Greatest need is information – someone to listen for ½ hour/ summary advice (personal
story from community member)
- Bankruptcy as possible need
- “they know they would never be able to afford the legal system”
- benefit/ feelings of inclusion just from having a lawyer meet with people: showing
someone cares.
All participants indicated that they would be interested in further information and agreed to have
their contact details given to the study’s funders to be future contacts.
Appendix H: Notes from the round-tables
Notes from the New Glasgow round-table
Date: Tuesday August 19, 2008
Present: Emma, Hilary, 7 representatives of community organizations
Comments:
- legal advice speeds process up, general need for more knowledge
- Clients are reluctant to seek services and believe they can’t afford a lawyer so they do
not approach one
- The entire process is slowed down when clients do not get legal advice
- Legal Aid Certificates – not enough hours included, few lawyers will take them, not
meeting the need in the community
- Specific need cited for children’s aid certificates, no one should be unrepresented when
up against CFS
- Need in the area of CFS, Custody, Division of Property
- Legal aid cut-off needs to go up (hasn’t gone up since 1991)
- Problems with self-reps conducting cross-examinations (i.e. abuser cross examining
abused)
- Sometimes when lawyers provide summary advice it isn’t helpful
- Lawyers need to interact more with the working poor
- “we need something for our working poor”
- People working fulltime are often in poverty
- Everyone should be entitled to have legal advice
- Poverty law- lawyers are not involved in appeals, support workers take on the role of
lawyer
- There is a major gap for working women and men who don’t qualify for legal aid
- suggestions to clients to look in phone books for lawyers with free consultations
- dangers of clients asking leaders of community organizations for advice – they will do
what they can (i.e. read through criminal code provisions) but are not able to comfortably
give legal advice
- Pro bono could fill the gaps that currently exist in the system
General Areas of law – crim and family - a reflection of the nature of the organizations that the
group represented
Very enthusiastic about the possibility of a Pro Bono Nova Scotia – all provided their contact
info for further information.
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Notes from the Truro round-table
Date: Wednesday August 20, 2008
Present: Emma, Hilary, 1 lawyer, 3 representatives of community groups (2 came late –
had a separate discussion with them)
General Comments
- need to keep certificates and unrepresented litigants separate – these are 2 distinct
issues
- Any PB program must be built on 2 concepts:
o 1. Focus on areas of law not covered by legal aid
o 2. Working poor (sliding scale?)
- b/c of counsel in Halifax and Sydney (legal aid’s duty counsel) – there is no need to go
to family court w/out advice – should exclude family
- although difficult to get lawyers’ attention – they do have a feeling for the working poor
- Mediation Nova Scotia – primarily family law – should contact them- could be very useful
when seeking a lawyer to provide independent legal advice
Benefits of a formal program: Have somewhere to refer people to
Certificates are not PB still represent money that they would not otherwise get
Need for a split between barristers/ solicitors work – PB should not be seen as a learning opp
“I like the idea of the clinics”
The people who really need services are the working poor who don’t qualify for legal aid but
can’t afford a lawyer.
Notes from the Amherst round-table
Date: Thursday August 21, 2008
Present: Emma, Hilary, 3 lawyers, 2 community workers
General Comments:
- tax credit idea – excellent – time has a monetary value – this is a way to encourage (in a
roundabout way this allows the Gov to support pro bono)
- focus on areas not covered by legal aid such as poverty law
- courts are currently bending over backwards for unrepresented litigants (esp. in family
matters) – sometimes at expense of lawyer on the other side
- PB should help the unrepped people who find themselves in court
- PB org should have a political wing to fight cutbacks in the system (lobbying aspect of
the work)
- Shouldn’t be limited to younger members of the bar – there is a duty to do PB, cases
should be matched according to experience nec.
- Some community groups have come up with ‘kits’ because of the long wait for legal
services
- Access is a huge issue
Appendix H: Notes from the round-tables
-
No access to services for working poor
Target people that fall through the cracks
Information Night already held at family court in Amherst and support from family Court
Officer
But a clinic would be really helpful for first level advice
Interest in a roster program for lawyers so cases with merit can proceed to court with
representation
Be aware of ‘gendered’ programs – men often not included
Concerns of pre-made ‘kits’ – language level, and are they going to access it?
Differences between provinces – NS with clinical Legal Aid system
Pro rating legal services based on income would be useful
Pro bono could be used in mediation (for independent legal advice)
PB + tax receipts – a good idea because it spreads the cost of PB over society.
Tax receipts should be done similarly to certificates ie for a certain amount of hours and
a certain amount of money
Working poor and middle class slip through the cracks in the system… reform of the
family law court entirely???
Lawyers are the only professional group where PB is called for.
Notes from Shelburne round-table (interview)
Date: Tuesday August 26 2008
Present: Emma, Hilary, 1 community member
Initial Notes:
We had a very poor turnout for the round-table – turned into more of an interview (only one
participant)
- 2 main perspectives from individual: 1st – trying to access justice himself and, 2nd – his
experiences working in a community group
As an individual:
- was able to go for a consultation (years ago), got enough information to find out that he
could not afford to proceed with the action. “I had to suck it up, go off with the feeling,
there is injustice here”
As a community representative:
- The need is here – it’s just that it’s so unfamiliar – why would anyone want to do
anything for free?
- Round here, it’s all word of mouth
- Could be a difficult program to get flying
- Pro bono – what am I going to get for a lawyer (perception that legal aid is a lower tier of
lawyer b/c you don’t have to pay – could be a problem with PB services)
- Small town with few lawyers – no anonymity like in a city – would be much harder to get
them involved
- Outcome of cases often worse for youth without a lawyer
- People hesitant/ nervous about accessing services from outside town. (i.e. LISNS)
- Lack of understanding what LISNS’ information line is for
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Pro Bono in Nova Scotia: Current practice and future opportunities
-
Small town mentality – people hesitant about services they don’t know.
General feel of the interview
- Shelburne was the first RT where real small town issues came up. Ideas that if there are
few lawyers in town it would be more difficult for them to provide PB in a clinic type
model.
o Few lawyers– since they basically have a monopoly on legal services – might
have issues with charging some for services and not others
o Ideas of having lawyers from other communities – would need real ‘buy in’ from
local groups.
Notes from Yarmouth and Digby round-tables
Date: August 27 2008
Present: Emma, Hilary, 4 representatives of Community Groups (Yarmouth), 1 Rep
(Digby)
Reps of women’s groups, youth and addiction services
Women
-
-
LA doesn’t cover property
Contingency agreements seen as ‘other option’
‘even if they are lucky enough to qualify for LA – meet LA lawyer 5 minutes before
court
few lawyers will take certificates – some lack sensitivity
women w/ emotional trauma or mental health issues may take longer to explain case
(means more money on a lawyer). Also may be such an emotional moment, won’t
remember/ be able to process what lawyer is saying
need is in division of property issues and housing
Youth
-
relationship building/ word of mouth – if someone else has had a good/ bad
experience – will often listen to them
- hear LA and it’s free – think they are getting a cheap service that is not worth
anything
- many issues are crim – out of roster of 400 youth, half are dealing with it
Addiction services:
- need – gambling issues/ repayment of loans etc
- many of same issues faced by women & youth
General comments:
- the working poor are working and they can’t keep up
- “A lawyer in NS is a luxury”
- traveling we have no transportation system – can’t get to other places
- “if you’re rural, you’re screwed”
- maintenance enforcement – program not functioning
- youth would love a place to get advice (again – if it was endorsed by someone they
trusted)
Appendix H: Notes from the round-tables
-
PB program wouldn’t take pressure off community workers - would still have to
accompany – but would give them a place to refer.
Accessibility would depend on how it was promoted – including atmosphere of
location
“we need access to anything that would give us more access”
Notes from the Bridgewater round-table
October 2nd, 2008
Attendees: Hilary, Nasha, 3 court workers, 3 NGO rep
Court workers feel sometimes like they are walking a fine line between information and advice.
- -“If people could afford a lawyer, they’d have a lawyer”
3 theories to increase access to justice:
1) Pro bono model
2) Legal Aid Model
3) Social Justice Model
-
In Family Court – Knowledge is power – info available/ tutorials
Local judge really encourages lawyers to help out
Local bar is burnt out with Legal Aid Certificates – have to go to find a lawyer to take one
(especially child protection cases)
need someone available for summary advice; a self-help centre is being built.
Consistent information provided through self-help videos/ clips
Reservations with self help centres – are there evaluations? Who uses them? What
about literacy issues?
triage summary advice centre needed
plain language guide to what questions you should ask your lawyer needed
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Pro Bono in Nova Scotia: Current practice and future opportunities
Notes from the Halifax round-table
October 3rd 2008
Attendees: Emma, Hilary, Nasha, approx 18 attendees
About a pro bono org:
- overhead for large orgs can impact their performance.
- Being part of a larger organization may be a motivating factor.
- Could be difficult to motivate people to do for free what they do for money
- Benefits contribute to community, maintain sight of ideals, benefit profession, as a
lawyer – benefit self – mental health benefits of community involvement.
- suggestion for a form of volunteer job board – where lawyers could assess options
Community organizations:
- Strong informal networks exist – where to refer clients to.
- Expressed concern that pro bono allows government to abdicate responsibility for
access to justice. Indicated need for balance.
- Has difficulty with public perception that lawyers should work for free.
- Need: people who do not qualify for legal aid (because of income or area of law) have to
options - self-represent or drop the issue, give up.
- Has encountered clients who would have a civil action for sexual assault, harassment in
workplace but cannot afford to sue.
- Specific concerns with regard to records applications.
- Most pressing legal issue for clients is criminal law: youth are not able to navigate the
system, are pleading guilty just to get it over with. Not able to access alternative justice
options because they don't have the skills to get the information.
- Sees potential for lawyers' intervention to affect outcomes.
- Trouble with transient or homeless population getting LA.
- Legal system is a catastrophe, completely wrong. Suggests legal insurance model as in
Germany.
- Sees need for immigration, family, personal injury, housing law help in her client base.
- Need more summary advice duty counsel! It is very helpful.
- Self-representation is not fair, particularly where other side has representation.
Lawyers:
-
NS spends lots on legal aid per capita already, but it is narrow.
Dilemma of pro bono: food bank example. Doesn't believe volunteerism is a solution.
What about more law students to drive prices down?
chasm exists – PB org could fill this
history of organized justice initiatives (i.e. Citizens for Social Development in Port
Hawkesbury)
LA lawyers have experience with needy populations, expertise in relevant areas of law,
commitment to issues.
Concerns about quality control in pro bono work.
Notes that if you have a job you don't qualify for LA at all
97
Notes from the Antigonish round-table
October 3rd 2008
Attendees: Hilary, Nasha, 2 community workers
- Focus on women’s issues and child welfare
- need to have plain language guides/ understanding to help clients
- when clients are self-repping, difficult to know sometimes if they understand – sometimes will
just consent to keep things moving through the system (judge will take time to explain issues to
self-reps)
- lawyers on certificates have limited time – literacy/ comprehension issues difficult
- concerns about accountability for pro bono lawyers
- like the idea of summary advice clinics – low comfort with technology
- transportation huge issue/ barrier
- half the need would vanish with adequate summary advice.
Notes from the Sydney round-table
October 4th 2008
Attendees: Hilary, Nasha, 5 community workers, 4 lawyers
-
-
informal networking is already strong
interested in how private bar would deal with some poverty law issues
may be difficult for sole practitioners to provide pro bono – still need to keep practice
open
Legal aid certificates often include pro bono work too
Working poor can’t afford representation – would like to see increased representation
Maybe certificates should be mandatory for lawyers
Pro bono seems like a bit of a stretch
Concern over need to expand civil legal aid
Pro bono = free lawyer: if people are disappointed the government will be blamed – pro
bono promises the world
Social assistance appeals – complicated area of the law – can’t dabble in it
Family files are not easy, not lucrative, grunt work.
Aboriginal concerns
o even people who qualify for legal aid are not accessing services, need to
educate public about realities of child protection.
o Less likely to access appeals process – b/c of historical oppression
can’t focus just on test cases
weaknesses of voluntary approach – who will want to get involved?
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Pro Bono in Nova Scotia: Current practice and future opportunities
Appendix I: Law student survey
Appendix J: Provincial organization contacts
Appendix J: Provincial organization contacts
Pro Bono Law Ontario
Lynn Burns, Executive Director
260 Adelaide Street East
P.O. Box 102
Toronto, ON M5A 1N1
website: www.pblo.org
Telephone: (416) 977-4448 or 866-466-PBLO
Fax: (416) 977-6668
Email: info@pblo.org
Pro Bono Law Saskatchewan
Pamela Kovacs, Executive Director
Avord Tower
1100-2002 Victoria Ave
Regina, SK S4P 0R7
website: www.pblsask.ca
Telephone: (306) 569-3098
Fax (306) 352-2989
Email: info@pblsask.ca
Pro Bono Law Alberta Society
Gillian D. Marriott, Executive Director
Suite 401, 255 17 Avenue SW
Calgary, AB T2S 2T8
website: www.pbla.ca
Telephone: (403) 541-4840
Fax: (403) 229-4488
Email: info@pbla.ca
Pro Bono Law of British Columbia
Jamie Maclaren, Executive Director
P.O. Box 103
845 Cambie Street
Vancouver, BC V6B 4Z9
website: http://probononet.bc.ca/
Telephone: (604) 893-8932
Fax: (604) 893-8934
Email: info@probononet.bc.ca
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Pro Bono in Nova Scotia: Current practice and future opportunities
Appendix K: CBA Insurance Resolution
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Pro Bono in Nova Scotia: Current practice and future opportunities
Appendix L: Encouraging pro bono
Encouraging pro bono
Total responses: 412
Geographic Regions
Total Numbers
HRM: 287
Mainland NS outside HRM: 109
Cape Breton: 35
/ Appendix L: Encouraging pro bono
Years called to the bar
Total Numbers
0-5 years since bar call: 100
6-10 years since bar call: 62
11-20 years since bar call: 104
21+ years since bar call: 166
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Pro Bono in Nova Scotia: Current practice and future opportunities
Type of employment (practising lawyers)
Total Numbers:
Private practice (sole practitioner): 58
Private practice (2-5 lawyer firm): 89
Private practice (6-25 lawyer firm): 79
Private practice (26+ lawyer firm): 21
Society/ Union/ Faculty of law/ in house: 44
Government and Crown: 47
Legal Aid: 31
/ Appendix L: Encouraging pro bono
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