This is a good example of an alternative way to provide pro bono legal services. Pro bono legal services can overcome a variety of barriers to access justice. Since 2001, the Instituto Pro Bono in Brazil has worked to persuade individual lawyers and law firms to provide free legal services for nonprofit organizations and people in need. There is a great division of wealth in Brazil, leading also to an unequal system of justice. Many states do not have public defense departments. In some states they offer free aid only to those who can prove a certain level of poverty. This poverty threshold is very low. At Instituto Pro Bono’s start, the Brazilian Bar Association considered the practice of law firms granting free legal help to be illegal and unethical. This left the rest of Brazil’s poor without access to legal help.
Building Credibility
A small group of people from the legal community organized a seminar in 2001 to discuss how to promote pro bono legal services in Brazil. They took inspiration from Daniel Grunfeld, then president and CEO of the Public Counsel Law Center in Los Angeles. This small group undertook a variety of steps to create an organization that would work to legalize pro bono activity. They wanted to institutionalize the ethic within the legal profession. They sought to create an efficient system for bringing together pro bono lawyers with clients in need. To carry out this goal, this small group knew they needed to gain the support of leading members of the Brazilian legal profession. They invited top lawyers and professors to join in their effort. They engaged 37 legal professionals who joined together in 2001 to create the Instituto Pro Bono (IPB) of Sao Paulo.
Building credibility within the legal profession was the first important step. One way they did this was to contact U.S. law firms and nonprofit organizations that could provide important information and contacts. Most importantly, they needed to gain the support of the Sao Paulo State Bar Association which had deemed pro bono work to be illegal. The Sao Paulo State Bar created the Pro Bono Working Group. Members of the Ethics and Discipline Tribunal as well as board members of IPB composed this working group. They formed a coalition with some of the largest law firms in the country and with several prominent jurists. They began to press the Bar for the regulation of pro bono services. As a result of meetings and deep discussion, the state bar association enacted the Pro Bono Resolution. This resulted in legalizing the pro bono practice in the state of Sao Paulo.
Recruitment for Pro Bono Services
The next step after legalization was to publicize their efforts. This let lawyers know how to volunteer and let NGO’s know how they could benefit. As a part of this, they created a website (www.probono.org.br) where people could learn about pro bono work. Lawyers could also fill out a volunteer form. Besides the web site, they did as much networking as possible to spread the pro bono concept. They used several arguments when persuading law firms to adopt institutional pro bono policies. Successful arguments included:
- First, the economic advantage to the firm. Pro bono work can increase the job satisfaction level of a lawyer. This increases their level of productivity.
- Second, pro bono work can positively improve their image to potential clients.
After gaining the support of some large films, IPB used this to reinforce their approaches to other firms.
Seminars and conferences are fundamental for spreading the idea of pro bono work. This is important in countries like Brazil, where this type of volunteer work is not a tradition. On December 4 and 5, 2003, IPB organized the third International Pro Bono Seminar. To build a new consensus in their legal community in favor of pro bono work, IPB:
- gathered a highly credible network of support for the conference (both local and international)
- created opportunities for local law firms to connect with international guests who understood pro bono work
- offered practical sessions to teach about this concept.
Expanding Access to Justice
In Brazil, the Pro Bono Seminar resulted in a significant increase in the number of volunteer lawyers and law firms. This increased the effectiveness of the pro bono work being done. It also resulted in the announcement by the national bar association of its intention to reduce regulatory barriers to pro bono services across the entire country.
The work of Instituto Pro Bono has been immensely successful in Brazil. This not only made more efficient use of individual voluntary commitment, but even creating a new ethic. A new attitude within the legal profession. According to IPB, those who intend to organize a group such as IPB must discuss how pro bono legal activity can increase access to social justice. And to emphasize the fundamental ethics of volunteerism and legal social responsibility.
For more information on this tactic, read our in-depth case study.