Pro bono lawyering: personal motives and institutionalised practice

Abstract

ABSTRACT This article examines the personal values and private motivations of legal practitioners who engage in the provision of legal services pro bono publico. It analyses the results of a 2014 empirical study of lawyers in Queensland, Australia, who regularly undertake pro bono work. The findings suggest strong moral and professional motivations for engaging in pro bono legal practice, as well as a distinct ‘community of practice’ of large law firms in forming and sharing sophisticated structures and approaches to addressing social justice needs. However, the study also revealed a range of potential drawbacks arising from the dominance of the large law firm sector in this field. In addition, respondents from small firms and sole practitioners indicated the many ways in which they are excluded from the pro bono community. The article draws on US scholarship which urges us to think about the ‘content and impact’ of pro bono work to achieve real outcomes and to address the widening gap in provision of legal assistance created by decreasing government funding. We conclude that a particular sensitivity to the context of practice is needed in our conception of pro bono practice.