Closing the Gap: Implementing Law Firm Pro Bono Programmes in the Philippines
By Hector M. De Leon, Jr. and Ma. Patricia B. Paz-Jacoba
February 13, 2023
In the Philippines, numerous institutions and programmes endeavour to provide pro bono legal assistance to the underprivileged, including the Public Attorney's Office (PAO), Free Legal Assistance Group (FLAG), Alternative Law Groups (ALG), and the Clinical Legal Education Program (CLEP) in local law schools.
Recent developments highlight efforts to move even further in the right direction. Supreme Court Chief Justice Alexander Gesmundo has proposed a five-year strategic plan to provide equal access to justice in real time[1] by utilising the CLEP to give law students an experiential education to better equip them for practice, and reviving the Legal Aid Program of the Integrated Bar of the Philippines (IBP).[2] The IBP is also formulating the Unified Legal Aid Services Rule (ULAS), which aims to institutionalise mandatory pro bono work.[3] The ULAS seeks to classify law firms by size and lawyers by seniority or years of experience, with bigger firms and more junior lawyers being mandated to render more hours.[4]
Nonetheless, pro bono legal assistance continues to be relatively inaccessible in the country due to a multitude of factors.[5]
One often overlooked aspect is the perception that lawyers and law firms have of pro bono work. Although most, if not all, Philippine law firms perform some pro bono work, lawyers may lack a strong individual commitment to do it, and law firms may not have systems to implement pro bono programmes.
For the successful implementation of a pro bono programme, a law firm must provide the framework to develop and cultivate commitment from lawyers to do pro bono work. Law firms must also provide the institutional mechanisms to support and promote pro bono work. In this way, lawyers will know that their law firm places immense importance on pro bono work. The lawyers will also understand why they should engage in pro bono work and why they should give it the same respect as revenue generating work.
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[1] Chief Justice Alexander Gesmundo, "Keynote Speech," ABA ROLI 2nd Philippine Pro Bono Summit (Manila, Philippines), December 2, 2021; CJ Gesmundo Bares the Judiciary's Projects on Legal Aid Service. Retrieved from: https://sc.judiciary.gov.ph/23104/ last accessed Aug. 1, 2022.
[2] Ibid.
[3] ABA ROLI's ACCESS Program Holds Second Annual Pro Bono Summit to Promote Pro Bono Lawyering. Retrieved from: https://www.americanbar.org/advocacy/rule_of_law/blog/roli-philippines-pro-bono-summit-2021/ last accessed Aug. 1, 2022.
[4] Atty. Eric C. Alajar, "Salient Provisions of the Proposed Unified Legal Aid Service (U-LAS)," ABA ROLI 2nd Philippine Pro Bono Summit (Manila, Philippines), December 2, 2021. The cases that junior lawyers may handle may be limited as compared to more experienced lawyers.
[5] Aurora E. Bewicke, Asian Developments in Access to Counsel: A Comparative Study, 10 NW. U. J. INT'L HUM. RTS. 27 (2011). Retrieved from: http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1124&context=njihr last accessed Aug. 1, 2022; Latham & Watkins LLP, Pro Bono Practices and Opportunities in the Philippines (2015). Retrieved from https://www.lw.com/admin/Upload/Documents/Global%20Pro%20Bono%20Survey/pro-bono-in-the-philippines.pdf last accessed Aug. 1, 2022.
Originally published by Thomson Reuters Foundation.
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