Workplace Challenges
For the Public GoodLAWYERS HAVE A KEEN SENSE OF JUSTICE AND A DESIRE TO PROTECT THE RIGHTS OF CITIZENS. SOME ARE SO PASSIONATE ABOUT WHAT THEY DO THAT THEY WELCOME OPPORTUNITIES TO DO IT FOR FREE. By Ann-Margret Hovsepian |
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 [ 2008-11-21 ] |
Gérard Dugré
Photo: Marie-Claude Hamel
When La Presse asked its readers this summer whether it is better to give or receive, lawyer Gérard Dugré, LLL (Université de Sherbrooke, 1979), was impressed by the responses. Most people said they feel happier when they give. Dugré, who does about 25 hours of pro bono work each month, or one file a year, says, “It should be part of your life. I grew up trying to help others. I was also the youngest of 10 children in my family, so I’m used to sharing!”
The Canadian and American bar associations recommend that lawyers contribute at least 50 hours of pro bono service per year.1 Pro bono is the shortened form of pro bono publico, a Latin phrase meaning “for the public good.” Although it is similar to volunteerism, many will make a slight distinction.
Magali Fournier, LLL (University of Ottawa), a partner at Fournier et Associés, points out that two different things are sometimes called pro bono and explains that she considers sitting on committees or speaking at conferences volunteer work. “Pro bono for me is much more directed to the practice of law — having a file and working on it directly.”
Called to the bar in 1996, Fournier says that how much time she spends annually on pro bono work varies and estimates that about 25 per cent of her work this year falls under pro bono.
Though some lawyers welcome as many pro bono files as they can handle, others donate their time and expertise in different ways. As president of the Young Bar Association of Montreal (YBAM), Philippe-André Tessier, LLB (Université de Montréal, 2000), has served on a number of committees and given his time to educate people about legal issues. Because of his specific responsibilities at YBAM, Tessier doesn’t take on many pro bono files but points out that “sitting on a board for free is also volunteer work; it’s just not as visible as taking on a pro bono case.” He adds that the Barreau du Québec, which encourages both volunteer legal work as well as pro bono cases, has been trying to monitor the amount of such work being done across the province, but it’s not a simple task.
Sometimes the work a lawyer does for free falls somewhere between pro bono and volunteer. For example, they may not take on a particular case to represent a client, but directly advise people with cases. This year, Tessier, who also works for Robinson Sheppard Shapiro, developed a new service with the Commission des relations du travail (CRT). “At the downtown Montreal courthouse, people who are not represented can meet with one of our lawyers for a free consultation,” Tessier says. “We don’t give legal advice as to the outcome of the case; we simply help them prepare. What we give is more education than legal advice.” Tessier estimates that, overall, the YBAM provides 1,000 to 1,500 consultations every year.
More than enough cases to go around
For over a century, the YBAM has been working with lawyers in practice for less than 10 years, and it is the largest provider of volunteer opportunities in law in Montreal. The 4,000-member organization provides services such as a weekly telephone help line for teenagers, legal counselling for businesses, an annual telephone-based legal clinic, and legal counselling for people going to small claims court.
Magali Fournier
Photo: Marie-Claude Hamel
There is certainly no shortage of cases for lawyers wanting to donate their time and expertise. Some lawyers look for opportunities, while others are approached directly by potential clients or colleagues. Fraser Milner Casgrain has a pro bono policy in place, as well as a committee that actively seeks opportunities for its lawyers. Partner Gérard Dugré says, “I don’t start each January thinking, ‘Okay, I’m going to do pro bono.’ The phone rings and sometimes you have time, sometime you don’t. I don’t advertise that I do it, but for the last 28 years I’ve had a case every year.”
Good for the heart
Although lawyers know that doing pro bono work helps citizens who can’t afford legal services, they have additional incentives to do it: personal and professional benefits. In cases where Dugré isn’t paid with money, he often is rewarded with the satisfaction of having helped someone. Perhaps the most interesting example is that, on two occasions, a client’s child has grown up to become a lawyer and later told Dugré it was because of the impact he had on the family.
Most people feel good when they help others, and lawyers are no exception. Tessier points out that “there are a lot of people out there who need advice and can’t afford it. It’s fun and rewarding to help someone with a problem.”
Good for the mind
Though the personal rewards can be incentive enough, lawyers who do pro bono work also reap professional benefits such as more experience, new avenues of litigation and an improved reputation. “I’ve learned so much during some of these cases,” says Dugré. “Now I use my experience to train the young lawyers under my supervision.”
Meanwhile, Tessier appreciates the value of having his mind put to the test when a problem is presented and someone needs his help. “The problems are very concrete and the situations have real consequences,” he points out. “It’s especially good for young lawyers to get the feel of meeting the client. It’s a good educational tool.”
Pro bono: just for lawyers?
For those who may wonder why lawyers are encouraged — even expected — to do pro bono work when other well-paid professionals such as dentists or surgeons are not, it’s worth pointing out that the cost of legal counsel is prohibitive for many people, especially when they already have a lot of money at stake. Law is a self-regulated profession and, unlike with health care, government subsidies are limited and not as easily accessible by the general public.
Tessier dismisses the suggestion that lawyers do pro bono because they are over-paid. “Some big-firm lawyers make a lot of money, but most make average wages, and criminal lawyers actually have difficulty making ends meet at times.” He points instead to the long-standing principle that access to justice is fundamental to society, adding that lawyers go into the profession for good reason. “They believe in the justice system — equality before law — and want to do what they can to make it a reality. I wouldn’t link it to guilt about their income.”
Philippe-André Tessier
Photo: Marie-Claude Hamel
Do lawyers feel obliged to do pro bono work? Tessier says all the lawyers he knows do it willingly, though for some it may be largely lip service while others do it wholeheartedly. “It’s like volunteering for anything,” he says. “It comes more naturally to some people than others, but I personally have not met anyone who overtly resents doing pro bono work.”
Worth the effort
Given that lawyers and clients both benefit from pro bono work, one might expect it to be universally supported. However, as Fournier cautions, some big law firms give less priority to pro bono work, making it difficult for their lawyers to take on such cases. “You may have to do it on your own time,” she says, pointing out that while the restricted hours may prevent lawyers from taking their cases to the courtroom, some pro bono experience is better than nothing.
She encourages young lawyers to persevere in trying to persuade their employers that volunteering their time is important. “If you believe in it and are capable of presenting your case well in front of your employers, at one point they will accept.” Asked what advice he would give to law students looking ahead at their careers, Dugré is enthusiastic: “Do your best. Try to be the best. Always do a little more than what is necessary. The work will come and your reputation will improve.”
1 ABA Model Rule 6.1 Voluntary Pro Bono Service and Promoting a Pro Bono Culture in the Canadian Legal Profession, Resolution 98-01-A
Helpful Links
• A pro bono checklist to determine if a case is worth taking:
• Promoting a Pro Bono Culture in the Canadian Legal Profession — A motion by the Systems of Civil Justice Implementation Committee that the Canadian Bar Association adopt a specific policy on pro bono legal services:
• “I shall talk to my lawyer about it on Wednesday” — A free and anonymous legal consulting service for youths under the age of 20 in Montreal, offered by the Young Bar Association of Montreal
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