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Pro Bono Practices and Opportunities in England and Wales
I. Introduction
Pro bono legal services are of increasing importance for attorneys and law firms within England and
Wales. There has been a growing commitment by the legal profession to the importance of pro bono legal
services, and various organizations and institutions within England and Wales continue to work to foster
and develop pro bono legal activity. One such example is the UK Collaborative Plan for Pro Bono, which
is a profession-led initiative for law firms, through which participating law firms collaborate with each
other in order to improve access to justice through pro bono. Law firms and Chambers in England and
Wales are also becoming increasingly aware of the value their existing and prospective clients place on
pro bono activities.
II. Overview of Pro Bono Practices
(a)
Professional Regulation
1. Describe the laws/rules that regulate the provision of
legal services?
The legal profession in England and Wales is
comprised of solicitors and barristers.
Solicitors are governed by The Law Society and the
Solicitors Regulatory Authority (the “SRA”). The
SRA Handbook sets out the ethical and professional
standards that solicitors must comply with.
1
The
SRA also sets the entry and training requirements
for solicitors.
The Bar Standards Board (the “BSB”) regulates
barristers in England and Wales. It is responsible
for setting the standards of conduct, authorizing
barristers to practice, monitoring the service
provided by barristers, setting education and
training requirements, handling complaints against
barristers and taking enforcement or other action
where appropriate. The BSB Handbook sets out the
standards with which barristers must comply.
2
2. Describe any licensure requirements governing the
provision of legal services.
To act as solicitor in England and Wales, one must
hold a practicing certificate issued by the SRA. An
admitted solicitor with a practicing certificate is an
authorized person under the Legal Services Act
2007 (the “Act”).
In order to practice at the Bar of England and
Wales, barristers must have a current practicing
certificate issued by the BSB. This requirement is
part of the Authorization to Practice regime under
the Act.
1
See https://www.sra.org.uk/solicitors/handbook/welcome.page (last visited on May 1, 2019).
2
See https://www.barstandardsboard.org.uk/regulatory-requirements/bsb-handbook/the-handbook-publication/ (last
visited on May 1, 2019).
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(b)
Pro Bono Practice and Culture
1. Describe the rules that regulate the provision of pro
bono legal services e.g. any explicit regulation or
limitation on providing free legal services in some or
all contexts, details of any mandatory or minimum
fees imposed on provision of legal services.
Pursuant to the SRA Handbook, solicitors in private
practice owe the same duty of care when
undertaking legal work on a pro bono basis as when
acting for fee-paying clients. They must exercise
competence, skill and diligence, and take into
account the individual needs and circumstances of
each client pursuant to Principle 5 of the SRA
Handbook.
Rule 4.10 of the SRA Practice Framework Rules
2011 states, among other things, that in-house
solicitors may conduct work on a pro bono basis for
a client other than their employer provided that (i)
the work is covered by an indemnity reasonably
equivalent to that required under the SRA
Indemnity Insurance Rules and (ii) the only fees
charged for such work are those received by way of
costs from the pro bono client’s opponent or other
third party and such fees must be paid to a charity
under a fee sharing agreement.
In-house solicitors must not undertake any reserved
legal activities unless such provision of services to
the public or a section of the public (with or without
a view to profit) is not part of their employer’s
business. A definition of “reserved legal activities”
can be found online.
3
Self-employed barristers may provide pro bono
legal services through a Legal Advice Centre, as
provided for in rules rS41-42 of the BSB
Handbook. Barristers must not receive either
directly or indirectly any fee or reward for the
supply of any legal services to any client of the
Legal Advice Centre other than a salary paid by the
Legal Advice Centre.
Self-employed barristers who are Public Access-
registered may provide pro bono legal services
directly to members of the public if they comply
with the Public Access requirements set out in
rC119-rC131 of the BSB Handbook.
2. Are lawyers required by such rules to work a
minimum number of pro bono hours? If so, how
many?
Solicitors and barristers in England and Wales are
not required a minimum number of pro bono hours.
However, the UK Collaborative Plan for Pro Bono
(as described above) includes an aspirational target
3
See https://www.legislation.gov.uk/ukpga/2007/29/section/12 (last visited on May 1, 2019).
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of 25 pro bono hours on average per fee-earner per
year. Member law firms promote this target as an
appropriate minimum commitment for lawyers in
England and Wales and as recognition of best
practice, and collaborate with one another to
achieve this target.
4
3. Are aspiring lawyers required to complete a
minimum number of hours of pro bono legal services
in order to become licensed lawyers?
Aspiring solicitors and barristers in England and
Wales are not required to complete a minimum
number of hours of pro bono legal services in order
to become licensed lawyers.
4. What are the main areas of law which require or
present opportunities for the provision of pro bono
legal services? What are the major unmet legal
needs?
The main areas of law which require the provision
of pro bono legal services in England and Wales
include housing, family, employment, small
business advice, immigration advice and welfare
rights.
5. Who are the main providers of pro bono legal
services? e.g., NGOs, governmental or other public
services, schools and universities, private law firms
(local or international) or corporate organizations?
The main providers of pro bono legal services in
England and Wales are NGOs, legal advice centers,
private law firms and Chambers and law clinics.
(c)
Obstacles to Provision of Pro Bono Legal Services
1. Do lawyers require a license to provide pro bono
legal services?
Lawyers do not require a license to provide pro
bono legal services in England and Wales.
2. Do foreign lawyers require any additional license(s)
to provide pro bono legal services?
Foreign-qualified lawyers are prohibited from
providing advice as to the laws of England and
Wales, and must inform potential recipients of legal
advice where they are qualified to practice law.
The Qualified Lawyers Transfer Scheme allows
those who are already qualified lawyers in other
jurisdictions to qualify as a solicitor of England and
Wales.
Qualified foreign lawyers must apply to the BSB in
order to transfer to the Bar.
3. Do lawyers require professional indemnity legal
insurance cover for any pro bono legal services that
they provide? If so, are they prohibited from working
under the cover of another pro bono provider, such as
a private law firm or organization working on the
same pro bono project?
Pro bono work undertaken by solicitors at law firms
is generally covered under the professional
indemnity insurance (“PII”) of that law firm.
For in-house solicitors, it is not possible for them to
conduct work on a pro bono basis other than where
their employer provides PII. However, in-house
4
See http://probonoplan.uk/.
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lawyers are able to carry out pro bono activities
without insurance provided such work is done in a
personal capacity.
Barristers must ensure that either their personal
insurance or the insurance of the body through
which they provide services, covers them for any
pro bono legal services being provided. If a
barrister holds a self-employed practicing
certificate, they must be a member of the Bar
Mutual Indemnity Fund.
4. Are there any rules that prohibit advertising of pro
bono successes or soliciting new pro bono clients?
Rule 12 of the SRA Solicitors’ Code of Conduct
2007 states that where work is publicized as being
done on a pro bono basis, there must be no fees
charged to the client, except where a conditional fee
agreement is used and the only fees charged are
those which the firm receives by way of costs from
the client’s opponent or other third party and which
are paid to a charity under a fee sharing agreement.
Under Rule rC19 of the BSB Handbook, barristers
may not mislead, or cause or permit to be misled,
any person to whom they offer to supply legal
services.
5. Do lawyers receive any “Continuing Legal
Education” or equivalent credit for pro bono hours
worked?
Continuing Competence is the SRA’s system of
assuring competence among solicitors. Under
Continuing Competence, there is no requirement to
complete a certain number of hours of education.
Instead, solicitors are expected to review their
learning needs and address them through continuing
professional development activities. They are then
asked to reflect on the learning and look at ways
they can incorporate this into their practice. As
such, if a solicitor identifies the providing of pro
bono advice as a learning need, any pro bono work
they undertake can contribute to the solicitor being
able to make their required annual declaration to the
SRA that they have reflected on their practice and
addressed any identified learning and development
needs.
A new Continuing Professional Development
(“CPD”) scheme for barristers was introduced on 1
January 2017. Under the scheme, established
practitioners must now create a CPD plan which
includes objectives, CPD activities and reflection of
the process overall. There is no longer a
requirement to undertake a minimum number of
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CPD hours every year. No barrister is required to
undertake accredited CPD courses.
(d)
Sources of Pro Bono Opportunities and Key Contacts
1. Describe any governmental sources of pro bono
and/or other legal services in England and Wales.
Free legal support funded by the Government takes
the form of Legal Aid. Legal Aid can help meet the
costs of legal advice, family mediation and
representation in a court or tribunal.
2. Describe the main non-governmental sources of pro
bono and/or other pro bono resources in England and
Wales.
Law Centres are a network of over forty not-for-
profit legal practices. Each Law Centre is an
independent charity with a defined service area.
Law Centres help people living in poverty or other
disadvantage who cannot afford to pay for
traditional commercial legal services. They provide
legal advice and representation in social welfare
law. Central contact details can be found online.
5
LawWorks is a charity working in England and
Wales to connect volunteer lawyers with people in
need of legal advice, who are not eligible for Legal
Aid and cannot afford to pay and with the not-for-
profit organizations that support them.
6
Citizens Advice provides free advice to anyone on
their rights and responsibilities. It provides face to
face advice from 2,500 local Citizens Advice
locations across England and Wales, as well as by
phone, web chat, post, email and its self-help
website. Advice can be found online.
7
Advocate is a charity through which free legal
advice from a barrister can be obtained. Chambers
across England and Wales appoint an internal
representative to champion pro bono work. These
individuals work closely with Advocate to provide
pro bono legal services.
8
The National Pro Bono Centre is a hub for pro bono
charities across the legal sector. It supports a wide
range of pro bono projects, helping individuals and
community groups across England and Wales.
9
As described above, the UK Collaborative Plan for
Pro Bono (the “Plan”) is a profession-led initiative
for law firms. Pursuant to the Plan, a ‘trusted
5
See www.lawcentres.org.uk (last visited on May 1, 2019).
6
See https://www.lawworks.org.uk (last visited on May 1, 2019).
7
See www.citizensadvice.org.uk (last visited on May 1, 2019).
8
See https://weareadvocate.org.uk/ (last visited on May 1, 2019).
9
See http://www.nationalprobonocentre.org.uk/ (last visited on May 1, 2019).
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referral network’ has been established to facilitate
the referring of pro bono matters by member law
firms to other member law firms.
3. Is there any public or private organization with which
a local or foreign attorney can register in order to be
made aware of pro bono opportunities?
See above.
May 2019
Pro Bono Practices and Opportunities in England and Wales
This memorandum was prepared by Latham &
Watkins LLP for the Pro Bono Institute. This
memorandum and the information it contains is not
legal advice and does not create an attorney-client
relationship. While great care was taken to provide
current and accurate information, the Pro Bono
Institute and Latham & Watkins LLP are not
responsible for inaccuracies in the text.
