As Legal Aid Diminishes in the UK, Should We Introduce Mandatory Pro Bono Work?

Ellie Lewns is currently studying her A-levels at Parkstone Grammar Sixth Form. “I am planning to go on to university next year to study Law and hope to eventually become a practising solicitor. I engaged in the OpenLearn course on ‘Pro Bono Work and Social Justice’ to further my knowledge in this area of law, as I particularly enjoy looking at charitable work and the reasons we often feel such a need to provide this help to those unable to access it independently. It has been an excellent opportunity to learn more about the current crisis surrounding legal aid and what potentially could be done to reduce the effects of this”

Legal aid provided by the government has fallen dramatically in the last few years, placing a greater demand on the expertise of lawyers for those who cannot afford to take legal action. Whilst most did not sign up when becoming a lawyer, to mandatory pro bono work, we could argue that by the government reducing the legal aid in this way, we are pressing on their conscience, as compassionate lawyers with a commitment to justice, that they must provide this support.  

Pro bono work is currently not mandatory for any solicitor or barrister in the UK, however, due to the growing need for such charitable work, could it be possible to introduce this as a compulsory aspect of the profession? 

I would argue that, rather than suddenly force this onto practicing solicitors who have gone years without needing to engage in pro bono, it would be more suitable to implement this into the role of any new lawyers. This way the mandatory work can be consented to when deciding upon a legal career and pro bono work would be an aspect of the work people expect, just as providing extra time, support and advice to students is a given role of a teacher.  

Some would argue, that working for no pay in this way, is an outrageous ask of their valuable time, and where no financial incentive is provided, very few are likely to engage in this work. Realistically, this is a valid argument, as with most people running very busy lives, it could seem impossible to spare your knowledge and time with no monetary gain. However, do we not expect for a lawyer to carry such traits that they have an overriding desire to help others and bring justice? We could argue that in times where legal aid is diminishing, that there exists incentive enough through the mere thought that people are suffering and in desperate need of charitable legal services. This same argument can be transferred throughout many career sectors, demonstrating the general consensus that sometimes just giving is morally the right thing to do. For example, most teachers would recognise that much of the extra time they spend helping students, builds up to many unpaid hours; just as, many doctors may leave a days work to go home and research a certain patient’s diagnosis, all of which goes without any financial reward, coming simply from the fact that they want to help. 

Would it be possible therefore, to bring up a generation of lawyers with the built-in attitude that pro bono work is one of the many roles and responsibilities within their job title? Could, by using pro bono cases to educate and experience young law students, we mould them into solicitors and barristers who automatically undertake such charitable work throughout their career? By doing so, we are not only providing a more rounded and effective approach to teaching future lawyers, but we are making a start at fulfilling the huge need for legal services where those less fortunate cannot access it; bringing justice now and sustaining it for the future.