Burdened Young Lawyers v/s Access to Justice
Pro Bono comes from the Latin expression "pro bono publico" meaning "for
the public good". It basically implies that the poor and underprivileged
people are able to seek legal representation without paying the professional
fees. These people are financially incapable of hiring a lawyer for themselves
to resolve their disputes. But law must ensure that an individual should not be
denied justice just because of economic difficulties. Therefore, legal aid to
these people creates a balance in the society. The preservers of justice or the
lawyers are expected to take the maximum number of such cases. While it is a
good deed, it does not get that much recognition.
Law is a noble profession. The one who contains expertise in this field has
legal, social, moral and economic knowledge. Thus, as lawyers can profoundly
impact various lives with their knowledge, it creates a moral obligation on them
to help citizens. Once the legal aspirants become lawyers, they have a
commitment to justice that exceeds mere business interests. The legal system
corresponds with its main purpose of maintaining justice by mandating pro bono
services.
The key players to advocate equity in the society are lawyers and mandating pro
bono work brings them many steps closer to this objective. Therefore, despite
financial disadvantages, pro bono services ensure that the very basic right,
that is justice, is provided to each and everyone. This, in turn builds trust in
the minds of the poor that justice cannot always be bought or it is not just a
thing which could be possessed by those who have money.
Especially in countries with huge populations and diversity, containing major
gaps between rich and poor people, pro bono services play an important role.
Therefore, if such services are made mandatory, then it would certainly be easy
to reach an end of unjustness. By requiring lawyers to take out time for such
cases, it would help the society to reach an equilibrium level. This would help
to create an inclusiveness for underprivileged areas, where such cases might be
overloaded. This access to justice would bring a lot of confidence and power
among the poor population who otherwise might be discriminated against from the
dominated groups.
Moreover, there may be such cases which do not get addressed usually, like
tenant, labour, environmental rights, etc. Thus, if lawyers take up these cases,
they are not only helping only these groups but also the society as a whole.
These cases may set precedents which would help access justice in the future
easily. Furthermore, when the weaker section of society gets this much needed
access to justice, it would create a sense of trust for them in the system.
This, in particular, is very crucial as those who are excluded often feel a lack
of credibility when they see that justice is approachable for only a selected
few. Moreover, mandating pro bono services would also instill a certain amount
of fear in the souls of the privileged. This would ensure that those who are
financially capable do not exploit the rest. The lawyers who engage in pro bono
work get a deeper understanding of cases and a much diverse experience. The way
they approach any case may altogether differ when they begin to take more pro
bono cases.
They would be able to comprehend people's problems more efficiently and connect
with them deeply. Engaging in these cases would enable them to develop a sense
of empathy and compassion towards the society, which would encourage them to put
in more efforts to resolve different issues. Lawyers who participate in such
cases are likely to carry this initiative forward and even encourage others. Pro
bono work is also seen as a standard of excellence and dedication.
These lawyers have a reputation and respect in the society, which also inspires
young lawyers and students to follow the same path. This field serves as a
reminder to the legal profession as a whole that justice is not a commodity
which could be bought for a certain sum of money. It inspires the lawyers who
gain everything from this profession to give back to the community.
While there are so many advantages of involving in pro bono services, there are
certain setbacks as well. The major problem with this is that lawyers neither
get paid for these services nor do they get any recognition. Therefore, they
would naturally want to put in more efforts and pursue more cases which are not
pro bono, so as to earn more and get that fame. This serves as the main issue
for younger lawyers who have just started their career.
This financial constraint discourages them to work for the society and
contribute their time for such cases. Especially the young lawyers, who have to
build their base, connect with people and most importantly establish themselves
in the law field, might feel burdened from mandated pro bono work.
Thus, balancing everything can be really tiresome and distressing for them. This
could not only result in decreasing their potential but also their overall
results. Moreover, younger lawyers are not much experienced, thus handling these
cases which are equally complex, without any mentorship and adequate knowledge
could lead to unwanted pressure and outcomes. This could also set a bad
reputation for them in the beginning of their career.
Also, the vulnerable clients, who are already stressed and burdened may not get
their desired results, even after the efforts of the young lawyers. This
unintentional harm can put everyone in a worse position. Mandated pro bono work
may require the lawyers to meet a minimum number of cases, making them feel
unnecessarily pressured. Meeting deadlines, balancing between various cases and
handling everything may lead lawyers to give less time to plan, strategize and
prepare for cases, which may steer them away from the important details of the
case.
Also, deadlines would cause them to quickly complete the target, regardless of
the results. As these lawyers take pro bono cases and finish them as soon as
possible, the main problem of the clients may or may not get resolved. This
ultimately results in reducing the respect and quality of lawyers in the eyes of
the vulnerable. Also, the issue revolving around the case may be a major one,
impacting the whole community.
Thus, handling the case just for the sake of it would affect the society as a
whole on a deeper level. To complete a minimum quantity of pro bono cases, the
quality of knowledge, results, output and client satisfaction tends to decline.
This maintenance between quantity and quality can produce varied results for pro
bono and other cases, wherein the former gets limited time and attention, and
the latter attains maximum efforts from the lawyers. This causes a kind of
dilemma in the hearts of the clients about the concept of pro bono services,
which aims to establish that everyone should have the access to justice equally.
A comparative analysis can help us to understand how different countries in the
world balance the pro bono work while ensuring that young lawyers do not feel
overburdened. This analysis can also provide us with alternative ideas to
maintain equilibrium in the society and provide access to justice to everyone.
For instance, in the U.S., there is a voluntary pro bono system. In New York,
the lawyers are supposed to do pro bono work for 50 hours before getting
enrolled in the bar. This ensures their contribution in this field as well as
builds a kind of experience before getting a proper license. However, after
getting enrolled, there is no compulsion for lawyers to engage in pro bono
services.
Similarly, in the U.K., a voluntary pro bono system works. Here, lawyers are
encouraged to participate in such services as they are offered incentives, such
as awards and recognition. Furthermore, some legal firms in the U.K. even set
targets for associates to complete a certain number of pro bono hours. In
Australia as well, 35 hours in a year are mandatory for lawyers for pro bono
services.
Firms tend to complete this target in order to join the Australian Pro Bono
Centre's Registry. This flexible approach motivates lawyers to provide these
services without the pressure of a mandate. Owing to the socio-economic
conditions of South Africa, pro bono services are considered as a moral
obligation in their law profession.
Lawyers in South Africa are required to give a certain number of hours for these
services in order to get their license. However, this system can serve as a kind
of pressure for lawyers trying to balance between these cases with the others.
Singapore does not have a mandated pro bono system. There, the lawyers give
their time voluntarily as an ethical responsibility. Moreover, the government,
NGOs, private sector, etc. are kind of interconnected with each other, which
ensures a never-ending flow of these services.
Now, talking about India, which has such a huge population with a large
diversity, pro bono services are a kind of necessity. In India, the Constitution
itself mandates free legal aid to the underprivileged population. This is
explicitly provided under the Article 39A of the constitution, which comes under
the Directive Principles of State Policy. Also, the PIL system has brought a
transformation in the Indian legal system, wherein the lawyers can represent the
underprivileged in the high courts and the supreme court.
The National Legal Services Authority provides free legal services to the people
of India as well. NALSA in collaboration with the government, NGOs and even
various law schools often organises legal aid camps in rural areas. This helps
people to know about their rights and a common ground to seek some legal advice
and support. Some renowned law firms also dedicate their time to pro bono work.
Further, law schools, especially National Law Universities encourage students to
work for pro bono cases as a part of their curriculum. These universities also
organise legal aid camps wherein students under the supervision of their seniors
spread legal awareness. These practices inculcate a sense of moral duty in
students from the very beginning to help those in need.
As mentioned earlier, mandated pro bono work can overburden young lawyers.
Therefore, to prevent this pressure, some alternative solutions must be looked
into. Firstly, certain incentives must be provided to the lawyers such as
awards, bonus, recognition, etc. This would encourage them to engage more and
more in these services. Also, legal firms can set up certain pro bono hours to
be completed by lawyers in a year. This would ensure that pro bono services are
provided as well as lawyers are not pressured with extra work at a point of
time. Further, to motivate lawyers to complete this target, firms can introduce
incentives such as reduction of non pro bono cases, pro bono awards, etc.
This would ensure that lawyers are not pressurized with a particular mandate and
would produce a positive spirit in them to work more for the benefit of the
society. Moreover, if young lawyers are given a comparatively lesser number of
hours dedicated to pro bono work, then they would be able to balance everything
more appropriately. This would also result in increased quality of their work
and satisfactory experience. These pro bono hours can increase after 2-3 years
once they have gained some kind of knowledge and experience. This approach
acknowledges the problems particularly faced by young lawyers and gives them
time to learn efficiently.
Furthermore, encouraging students to contribute to these services at the
university level can prove very beneficial. Universities should inculcate pro
bono services in their curriculum with the support of seniors and mentors. This
would ensure that students gain enough knowledge beforehand and are ready for
their upcoming cases in their near future. This could also instill a sense of
empathy in their hearts for the needy.
Also, the government can offer stipends or internships to the lawyers for
engaging in pro bono work. This would directly address their problem of not
getting paid. Lastly, with the advent of modern technology, a virtual pro bono
platform could be set up. With the help of this platform, clients would be
easily able to reach out to lawyers for their advice and support. This would
also be easier for lawyers to handle pro bono cases with their other work.
Through this online platform, lawyers would be able to choose which case they
would like to pursue, balancing their expertise, interest and availability. Even
the clients may approach the lawyers who match their interests. This platform
would save a lot of time for both lawyers and the clients. These alternative
solutions could potentially solve all the problems of the lawyers who are
willing to contribute to the society but are not able to do the same.
To conclude, the concept of mandated pro bono services offer a kind of dilemma
wherein, the lawyers may feel unwanted pressure as well as the ethical
requirement to maintain the access to justice. On the one hand, pro bono
services aim to provide justice to every citizen. Whereas, on the other hand,
the issues faced by lawyers in providing these services remains a complex
matter.
Law is a profession whose foundational principle is to remove any injustices in
the society regardless of the social or economic standing of the individual.
People should not be deprived of justice only because they are financially
disadvantaged. Thus, lawyers are morally obligated to ensure that justice is
equally accessible to everyone. However, providing these services may leave
lawyers overburdened.
This is because, usually lawyers neither get paid nor get any proper recognition
for this work. Therefore, managing this with their other work can be distressing
for them. Especially the young lawyers who already struggle in the starting of
their career to establish themselves may find it unnecessary to engage in pro
bono work. However, even when they participate in these services, they might not
possess the adequate expertise, knowledge or experience in handling these cases.
This could ultimately result in unwanted results, unintentional harm to the
clients, lowering of confidence and bad reputation in the beginning of their law
career. This could also lead the people to feel low about these lawyers and
ultimately they might start to question the overall system. After looking at the
comparative analysis of the concept of pro bono services in various countries,
it is clear that each place has its own idea of it.
Especially, in countries like India, where a huge diversity of people reside,
disputes are bound to occur, and if they are not resolved properly, they might
lead to bigger fights or even wars. Further, to curb the problems of the
lawyers, some alternative solutions such as providing incentives, setting a
limit of pro bono hours beforehand, use of modern technology, inculcating pro
bono work in the curriculum, etc. could be used. Therefore, to ensure that each
and everyone is treated equally and has a fair chance at justice, a balanced
approach must be achieved.
Law Article in India
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