Pro bono and legal professionals – a symbiotic relationship

Next in the student blog series where our recent graduates share how their understanding of the value of pro bono legal work has developed in light of their participation in the Open Justice activities of the past year. This blog is by former 'Justice in action' student Tamarin Hepple who worked on the mediation project.

As someone who has aspired to a life at the criminal bar since I was five, I have surrounded myself with criminal barristers and read accounts of countless irritated criminal legal practitioners about how horrific legal aid is and how it is insulting to even suggest the notion that all legal professionals partake in pro bono work. This given the fact that criminal barristers are on the ‘bread line’ fighting in the front line.

Prior to writing my first TMA ( tutor marked assignment) for this module, I made the following comments about pro bono in my W360 notebook, “I do not understand why criminal barristers would spend £20,000 on the Barrister Training Course, earn Legal Aid wages, and then utilise their last few remaining hours of the day to work for free (Hepple, 2021).”

After successfully completing my simulated mediation, I am pleased to report that I do understand why lawyers partake in pro bono activities, and yes, it is more than just for bragging rights.

My professional identity has been refreshed and rejuvenated. I would have classed myself as a very professional person at the beginning of this course and how wrong I would have been. My first sobering reality…I could not even actively listen correctly! I am pleased to report that my mouth and ears are now on different switches and cannot be on at the same time!

Our mediation case was about an issue regarding Covid-19 and employment, an area where pro bono isn’t heard often unless referring to charities. After working for Citizens Advice for a year this scenario struck a chord, how many people had lost their job, lost their income and to top it off had a dispute with their employer that they could not handle by themselves. The simulated mediation really drove this point home, I have seen first hand how unaccommodating employers can be and Covid-19 has only made that more apparent. In many ways doing this project at this time allowed me to be even more aware of the issues social justice presents. The scenario, given its timing, allowed me to get into character and adopt a more empathetic approach to the scenario as it was a very relatable topic.

Many people’s access to justice is impeded by the fact that they must go to a formal employment tribunal, scary even for a law student, and face barristers who act on behalf of their employee. That coupled with the fact that many people cannot afford legal representation or even assistance and cannot receive Legal Aid due to the massive cuts, is not social justice and certainly is not fair access to justice. In the words of the secret barrister, “it is outrageous that the law appears deliberately incomprehensible to those who need to understand it most (p.287).”

By partaking in the Mediation Project, I have learnt so much about myself and feel I have grown as a person and more importantly as a professional. I have learnt how my preconceived judgements are not only toxic to my potential clients but also act as a block to professional growth. By learning how to reflect, ask questions and listen I become the best person for my client and myself.

This project has changed my opinion about pro bono and has allowed me to form the opinion that pro bono can be both intrinsic and extrinsic. I do not believe there is any harm in aiding access to justice by doing pro bono work and developing my own skills as a professional. I believe that pro bono and legal professionals should exist in a symbiotic relationship.