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 31 can be just as demanding as those who are paying for legal services, and in some cases more so. Despite this, less than half of respondents said they screen potential pro bono clients as thoroughly as fully paying clients, although some said orga- nizations such as Pro Bono Law Ontario did the screening on their behalf before referring individuals. The largest proportion of respon- dents (39 per cent) took on cases after being approached directly by clients on an ad hoc basis, but 16 per cent worked with partner organizations and local community networks, and seven per cent sourced clients through family and friends. "There are times when people are severely mentally ill or don't under- stand [what you're telling them]. They can cause you so much grief . . . you have to be wary of that," advises Lang. She was approached by a man at her church who was schizophrenic and wanted some pro bono advice about his father's will. "I recognized that he was so unstable and volatile that I really couldn't do much," says Lang. She took a look at the will and recommended he contact the executor. But the man wanted more, and ended up reporting her to her law society for not returning his calls. The complaint was swiftly dismissed, but Lang says the epi- sode illustrates the need to be cautious when deciding who to help. An immigration lawyer from Ontario recommended setting out the cost of the waived fees in a pro bono retainer agree- ment for clients "so they understand the value of what they are getting." Judging by the responses, there are reasons to be wary of pro bono work in some cases, but also a plethora of com- pelling reasons to carry it out. No pro- vincial law society forces pro bono onto lawyers, though the CBA wants all law- yers to volunteer their services at some point in their career, and the Federation of Law Societies of Canada sees it as a professional duty. The federation's model code of conduct states: "As a matter of access to justice, it is in keeping with the best traditions of the legal profession to provide services pro bono and to reduce or waive a fee when there is hardship or poverty or the client or prospective client would otherwise be deprived of adequate legal advice or representation." Whether this ethical duty becomes a formal obligation may well depend on the profession's response to the growing access to justice problem that is already widely seen as a crisis. Canadian Lawyer's survey was comprised of readers from every corner of the coun- try, half of whom were from Ontario, followed by Alberta (18 per cent), and British Columbia (13 per cent). The majority worked in solo practice or boutiques, closely followed by full-service regional law firms, then in-house legal departments, national firms, and global firms. Overall, 81 per cent said they provide pro bono services, and the majority of those lawyers had taken on more than five files in the past year. The lawyers and staff at TDS Law recognize the importance of supporting the communities in which they work, live and play, including through Pro Bono work. At TDS, we not only serve our clients, we also speak their language. When you are looking for a diverse team of lawyers who truly understand your needs, you will never need to look further than TDS. 201 Portage Avenue, Suite 2200 Winnipeg, Manitoba, R3B 3L3 1.855.483.7529 Learn more at www.tdslaw.com/community Tendering Commercial Real Estate Mining Mining Commercial Real Estate Communication Technology Mining Steel Fabrication Life Sciences Project Financing Health Care Transportation Banking Insurance Construction Manufacturing Aerospace Health Care Energy Information Technology Raising Capital Health Care Agri-Business Financial Services Food Processing Financial Services Oil and Gas Energy Tendering Biotechnology Biotechnology Aerospace Grain Handling and Crop Inputs Food Processing Steel Fabrication Ag Grain Handling and Crop Inputs Health Care Banking Banking Life Sciences Transportation Banking Banking Banking Aerospace Agri-Business Agri-Business Agri-Business Venture Capital Property Development Information Technology Private Equity Exporting Grain Handling and Crop Inputs Construction Construction Construction Biotechnology Biotechnology Farm Machinery Insurance Insurance Farm Machinery Rail Hydroelectric Aerospace Forestry Exporting Life Sciences Tendering Accounting Accounting Natural Resources Farm Machinery Manufacturing Tendering Inland Ports Financial Services Financial Services Mining Construction Construction Construction Heavy Equipment Heavy Equipment Mining Mining We speak the language. g Energy g p Health Care Ag Banking E Rail Untitled-4 1 14-03-18 2:12 PM

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