Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A p r i l 2 0 1 4 27 M ore than half of lawyers believe the profession has a duty to provide pro bono ser- vices, according to a survey of readers across the coun- try conducted by Canadian Lawyer. But a strong major- ity of respondents oppose making pro bono work man- datory, and 60 per cent feel lawyers offering free legal services could discourage govern- ments from providing sufficient legal aid funding. The findings highlight the complexity of the debate around where pro bono services fit in in the quest to achieve greater access to justice, as well as raising broader questions around professional ethics in the legal industry. Pro bono publico is a Latin phrase meaning "for the good of the people," and the desire to help others appears to be a major motivation for the lawyers and firms that provide these services. Out of 532 respondents, 81 per cent said they worked on pro bono files to give back to their communities and 67 per cent did so to improve access to justice. This was followed by other motivating factors including the desire to support worthy causes (63 per cent), the chance to enhance their professional profiles (28 per cent), the opportunity to fulfil passions and interests (25 per cent), the chal- lenge of working with diverse clients (14 per cent), the opportunity to learn about a new practice area (13 per cent), and the prestige associated with certain cases (seven per cent). Successful pro bono cases have helped to overturn injustices and raise important public policy issues. Last December, Dentons Canada LLP secured victory for someone who was unlawfully arrested in Toronto during the 2010 G20 clashes while walking to a church service. Lawyers are scheduled to represent two more complainants in upcoming G20 police disciplinary hearings. Koch Thornton LLP represented the Canadian Civil Liberties Association in the inquest of the death of Ashley Smith, the 19-year-old who strangled herself in a segregation cell. More than 700 hours were devoted to the case — a "significant undertaking" for the three-lawyer firm, says co-founder Allison Thornton. However, the Canadian Bar Association and others caution against over-reliance on pro bono services to fill gaps left by declin- ing levels of legal aid funding, as the demand for legal services has steadily grown. Melina Buckley, chairwoman of the Canadian Bar Association's access to justice committee, told Legal Feeds blog last August the organization had "a problem with it [pro bono] being used to fill the gaps," adding: "We don't think it's sustainable to build a system like a food bank." Many lawyers seem to share these misgivings. Asked whether pro bono services can disincentivize governments from providing pro bono report (L to R) Articling student Joelle Pastora Sala, PILC executive director Byron Williams, and Allison Fenske of Thompson Dorfman Sweatman. thoMas frIcke

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