Part three: precedents and pro formas
Pro bono policies
Example pro bono policy one
What constitutes pro bono work?
Pro bono work is the provision of legal services free of charge, which [firm] provides:
- to clients who are disadvantaged or marginalised people of limited means
- to charities [community groups/non-profit organisations and social enterprises] assisting people who are disadvantaged or marginalised [or]
- in matters for the public good of broad public or community concern
Pro bono services are provided to both individuals and organisations representing those individuals. Our pro bono services include:
- provision of advice on commercial and litigious matters
- undertaking commercial legal work, for example, incorporating associations, drafting, contracts, negotiating leases, property work
- advocacy services
- negotiation services
- assistance to improve laws or the legal system in a manner which will benefit marginalised or disadvantaged individuals or groups
Eligibility for pro bono assistance
For a client to be eligible for pro bono assistance the following factors must be considered:
- the client must be disadvantaged or marginalised either economically or socially
- the client must be of limited means and unable to afford legal assistance or access legal aid
- if the client is an organisation, the organisation must have a social, humanitarian or community focus
- if the client is an organisation, payment of legal fees would unreasonably deplete the organisation’s economic resources
- [firm] must be able to adequately resource the matter at the time of the application
- a full conflict check has been carried out and there is no conflict or any conflict has been resolved
- the matter must fall within the expertise of the solicitors working at [firm]
Referral process
- All requests for work to be carried out on a pro bono basis must be referred in the first instance to [pro bono manager]
- Pro bono matters should only be opened in line with [firm’s] approval procedures: [outline firm’s approval process]
Pro bono administration
The same professional standards apply to pro bono work as they do to fee-paying work.
Pro bono work should be undertaken in the same way as if it were being carried out for any client of the firm.
Example pro bono policy two
Pro bono publico
Pro bono publico is a Latin expression (for the public good) used to describe legal work undertaken voluntarily and without payment in the public interest, including for individuals, charities and community groups who cannot afford to pay for that advice or representation and where public and alternative means of funding are not available.
Pro bono work is always only an adjunct to, and not a substitute for, a proper system of publicly funded legal services.
Basic philosophy
We believe that our solicitors have a responsibility to provide access to justice to those who cannot afford it.
We encourage every solicitor to become involved in pro bono work, no matter what stage of their career and believe it will make them better solicitors.
Our pro bono work includes advising on small community projects, assisting individuals under our access to justice programme, as well as collaboration between our international offices to assist larger international charities.
The firm’s pro bono policy is aligned with our corporate responsibility policy and our commitments under the UN Global Compact.
Benefits of pro bono work
An organised and effective pro bono programme benefits the recipients of the pro bono services, the individual solicitors and staff providing those services and the firm.
Pro bono work benefits individual solicitors through exposure to other areas of law, and by providing opportunities for junior solicitors to acquire greater responsibility.
The firm benefits through:
- easier recruitment of top graduates
- increased solicitor retention and motivation
- effective training
- practice development opportunities with major clients on joint programmes
- a greater breadth of awareness of everyday issues, and
- an enhanced public image
Pro bono policy
The firm’s pro bono programme is:
- governed by the pro bono committee
- chaired by the pro bono partner and
- consisting of partners from around the firm’s network, the international pro bono manager, the corporate responsibility manager and a pro bono solicitor.
All new pro bono clients, other than those referred through a clearing house, or referred under the approved access to justice programme, must be approved in advance by the pro bono committee.
Generally, the pro bono committee will approve pro bono work which fits one of the following descriptions:
- access to justice: ensuring the proper and equitable working of the justice system by providing legal services to those who are less able or not able to afford them. Access to justice can be defined as the right of individuals and groups to obtain a quick, effective and fair response to protect their rights, prevent or solve disputes and control the abuse of power.
- the rule of law: reaffirming and upholding the rule of law and which promote and assist in the establishment of the rule of law. This reflects the firm’s strategy of implementing a consistent corporate responsibility approach across the jurisdictions in which we operate complying with the firm’s signing of the UN Global Compact. Pro bono work provides a good opportunity to demonstrate that we are serious about our engagement with these markets in the long term.
- social responsibility: assisting organisations, in particular, but not limited to, charitable and non- governmental organisations, which are engaged in promoting social value in line with the general themes of the firm’s corporate responsibility programme. When considering whether to take on a social enterprise, the committee must consider whether the project is meritorious in itself and consider the social benefit of the project. For some social enterprises which deliver a blended return (so seeking to return a fixed or low return but some other social or environmental benefits, for example) the firm has arranged special fee arrangements that mirror the client’s model. These must be discussed with the client on a case by case basis.
Commitment of the firm’s resources
The firm expects approved pro bono matters to be handled in the same manner as matters for paying clients.
Solicitors’ work on pro bono matters will be considered as part of their legal work at their annual appraisal and all work on pro bono matters will be evaluated in the same way as work for paying clients.
There is a firm-wide expectation that each solicitor carries out 50 pro bono hours per annum and this time is considered towards the solicitor’s billable hours bonus.
The pro bono committee has developed oversight and audit procedures to ensure that all pro bono matters receive the same degree of skill and care as matters handled for paying clients and regularly revisits the firm’s risk management procedures to check that activities are covered within the firm’s PII.
Approval of new pro bono clients
The pro bono committee must approve any new pro bono client, other than new pro bono clients referred through a clearing house or under the access to justice programme.
Requests for approval of new matters should be sent by email to the pro bono manager.
In deciding whether to approve a new pro bono client, the pro bono committee will apply the following criteria:
- the client and the matter must meet the firm’s pro bono policy, set out above
- the committee will aim to maintain a diverse inventory of pro bono matters comprising all the elements of the pro bono policy and reflecting the firm’s expertise in particular areas in order to ensure that all its partners and staff have the opportunity to work on pro bono matters
- the firm only undertakes pro bono work for individuals under the access to justice programme or otherwise where they have been referred through a clearing house or a clinical programme
- each pro bono matter must be supervised by a partner and adequately and appropriately staffed by fee earners who are interested in performing the work and available to do so. The pro bono committee will therefore consider the resources needed to staff the matter properly
- the firm is committed to increasing opportunities for partnership with its clients and the committee should consider whether there are opportunities available to partner with clients on new projects
- the committee will not approve a matter which may bring the firm into disrepute, or may compromise the firm’s or its client’s commercial interests
- while many pro bono matters have a political element, the committee will not approve a matter which involves party politics
- the committee will approve pro bono work for religious organisations, but only in relation to works they are carrying out for the public good
- a conflicts check must be carried out according to the firm’s usual principles in order to ensure that pro bono matters present no conflict of interest with any existing client
Example frequently asked questions (FAQs)
Is everything we do for free or at a discount pro bono?
No – pro bono work refers expressly to work done for the public good.
There may be many reasons for offering free or discounted work to clients, including for business development reasons.
The Law Society and our clients monitor the work we include in our definition of pro bono.
It is therefore important that approved pro bono work must meet the firm’s policy – it must include an aspect of ‘public good’.
Can we support social enterprises?
There is no widely accepted legal definition of a social enterprise so such requests are taken on a case by case basis.
Social enterprises including cooperatives will often be seeking to deliver a ‘public good’ but this will often be alongside the payment of staff at a similar to market rate and some may offer a return to investors (albeit lower than market).
For some social enterprises, the firm has acted pro bono while for others we’ve arranged specially discounted fee arrangements that mirror the client’s own model.
Speak to a member of the pro bono committee to discuss such arrangements (which may require board approval).
Why don’t we act for individuals who can’t afford legal advice?
The firm does act for some individuals who cannot afford legal advice, but only those referred through the channels outlined in the firm’s pro bono policy, apart from taking on individual cases under the approved access to justice programme.
So I can’t act pro bono for my friends?
No. If someone approaches you seeking pro bono assistance, it is best to refer them to their local legal advice agency or a LawWorks clinic.
But I can act for charities?
Large international law firms find that the skills of their partners and staff can often be best used in the pro bono sphere by acting for charities.
Registered charities are also by definition acting in the public good.
The firm therefore provides a range of legal advice to charities, including on incorporation, as well as usual issues such as employment, intellectual property, contracts, disputes and the like.
If you are involved with a charity that is seeking pro bono legal assistance, contact the pro bono manager.
Why do I have to open a new file each time? Can’t I just use the general file?
It is important that new pro bono clients and new pro bono matters are opened in the same way as for fee paying clients, although the pro bono process differs in two ways.
First, for new pro bono clients, the approval of the pro bono committee is required.
Second, the letter of engagement for pro bono matters is slightly different.
Opening a new file for each new pro bono matter ensures that conflicts are checked and the firm’s other regulatory obligations are complied with.
Why am I sent billing guides each month? What do I do with them?
Because fee earners may be given credit for pro bono hours worked, the firm expects the same discipline with billing as with fee paying clients.
If you are sent a pro bono billing guide for review, ensure all the time was properly spent, sign it, bill disbursements (see below) and then return it to the pro bono manager.
Do we pay disbursements on pro bono matters?
Usually, the firm passes on to pro bono clients outside disbursements, such as reports, filing fees and the like.
As with fee-paying clients, it is important that these matters are agreed in advance and included in the pro bono letter of engagement.
If pro bono hours count towards my fee earner bonus hours, why don’t charitable hours?
While the firm’s pro bono work and charitable giving of time and money both fit under the firm’s corporate responsibility strategy, only approved pro bono hours may count towards billable hours.
This is because pro bono work is, by definition, legal work, and hence fee earners are gaining legal experience.
Sample letters of engagement
The sample letters of engagement in this manual have been included as examples only.
Firms should regularly check the legislative and professional requirements in force for engagement letters and update letters accordingly.
Firms should also adapt their letters to the particular circumstances of each engagement.
Standard letter for ongoing matters
Dear [client],
Thank you for your interest in working with [firm]. I am writing to confirm our understanding of the relationship we aim to establish with you.
I also set out in this letter, and in our attached standard terms of business, the terms that will apply to our relationship.
Even though this representation will be on a pro bono basis, these elements are important to you and us, and we ask that you read this letter carefully.
1. Scope of work
We have agreed to assist [name of client] with advice in relation to [matter description].
We anticipate that our work on the [project/matter] will entail [describe scope of work in reasonable detail].
Our representation relates only to [description of the matter]. If other matters come up, we will represent you in such matters only if both you and we so agree.
We shall take our day-to-day instructions from you or such other individual(s) as you shall nominate on behalf of [client].
We will discuss with you the full scope of the work and a timetable for its completion. If those timelines need to change, this will be communicated with you as early as possible.
We will also discuss with you how much input will be required from you and other client staff, such as providing us with the instructions and information we require in order to complete the work as agreed.
2. Legal team
I am the supervising partner on your matter and [solicitor] will be your main point(s) of contact in relation to this matter.
In order to ensure that tasks are dealt with at an appropriate level, we may also involve trainee solicitors and paralegals in the conduct of the matter. The work of trainee solicitors and paralegals will always be subject to continuing supervision.
Although I am the supervising partner, please feel free to contact any member of the team if you consider it more convenient to do so.
You may also contact [pro bono manager] at any time if you have any questions or concerns.
3. Costs
This is a pro bono matter for us. Accordingly, we will charge [client] nothing for the services of our legal staff.
We may also incur disbursements (expenses) when carrying out this work for [client].
We will not charge you for in-house expenses (including telephone calls, postage, sending or receiving facsimile transmissions or incidental photocopying).
Other expenses incurred by us in acting for you for services provided to us by third parties on your behalf will/may be charged to you. These may include filing fees or search fees.
We will consult you before incurring any third-party fees or expenses.
Should there be any large or unusual expense arising in relation to any of the projects, we will discuss this in advance with you and obtain your express consent before incurring it.
4. Ending an engagement
You have the right to ask us to stop acting for you for any reason and at any time.
We may stop acting for you, after giving you reasonable notice, in the following circumstances:
If we perceive that the necessary mutual relationship of trust and confidence required for a workable solicitor/client relationship no longer exists
If we do not receive all reasonable help or adequate instructions from you to enable us to conduct your affairs properly
If we determine in discussion with you that it is inappropriate for us to act on any particular issue or matter, on a pro bono basis
If a request for funds to cover disbursements, other essential expenditure or fees on account is not complied with within the time nominated in the request
I should be grateful if you would confirm your acceptance of these terms by signing the enclosed copy of this letter and returning it to me promptly upon receipt.
Your continuing instructions will also amount to your acceptance of the terms set out in this letter and our attached standard terms of business. Unless otherwise agreed between us, these terms of business shall also apply to any future instructions you give us.
In the case of any conflict between this letter and our standard terms of business, this letter shall take precedence.
I trust that this letter provides you with comprehensive information and we are pleased to be able to assist with this matter.
If you require any further information or would like to discuss any of the issues that this letter raises, please do not hesitate to contact me.
We look forward to working with you.
Yours sincerely
[xxx]
Partner
We accept the above terms
Signed Dated
______________________________________________________________________________
For and on behalf of pro bono client
[Attach law firm’s standard terms of business which will usually include a limitation of liability clause and other terms specific to the firm’s operations]
Standard letter for litigation matter
This sample letter is exactly the same as above except it includes the section on litigation.
Dear [client],
Thank you for your interest in working with [firm]. I am writing to confirm our understanding of the relationship we aim to establish with you.
I also set out in this letter, and in our attached standard terms of business, the terms that will apply to our relationship.
Even though this representation will be on a pro bono basis, these elements are important to you and us, and we ask that you read this letter carefully.
1. Scope of work
We have agreed to assist [name of client] with advice in relation to [matter description].
We anticipate that our work on the [project/matter] will entail [describe scope of work in reasonable detail].
Our representation relates only to [description of the matter]. If other matters come up, we will represent you in such matters only if both you and we so agree.
We shall take our day-to-day instructions from you or such other individual(s) as you shall nominate on behalf of [client].
We will discuss with you the full scope of the work and a timetable for its completion. If those timelines need to change, this will be communicated with you as early as possible.
We will also discuss with you how much input will be required from you and other client staff, such as providing us with the instructions and information we require in order to complete the work as agreed.
2. Legal team
I am the supervising partner on your matter and [solicitor] will be your main point(s) of contact in relation to this matter.
In order to ensure that tasks are dealt with at an appropriate level, we may also involve trainee solicitors and paralegals in the conduct of the matter. The work of trainee solicitors and paralegals will always be subject to continuing supervision.
Although I am the supervising partner please feel free to contact any member of the team if you consider it more convenient to do so.
You may also contact [pro bono manager] at any time if you have any questions or concerns.
3. Costs
This is a pro bono matter for us. Accordingly, we will charge [client] nothing for the services of our legal staff.
We may also incur disbursements (expenses) when carrying out this work for [client].
We will not charge you for in-house expenses (including telephone calls, postage, sending or receiving facsimile transmissions or incidental photocopying).
Other expenses incurred by us in acting for you for services provided to us by third parties on your behalf will/may be charged to you. These may include filing fees or search fees.
We will consult you before incurring any third party fees or expenses.
Should there be any large or unusual expense arising in relation to any of the projects, we will discuss this in advance with you and obtain your express consent before incurring it
4. Litigation costs
As litigation [is a possibility] [has already begun], it is important that you understand some features of the cost rules that apply.
We will not charge you for any of the legal services provided by our firm during litigation.
Except in very limited circumstances, the question of costs is at the absolute discretion of the court. So, for example, the court may make no order as to costs or could even (in an exceptional case) order the winning party to pay some of the losing party’s costs.
If you are unsuccessful in your litigation, the court may order you to pay the fees and expenses of the other party to the proceedings (an adverse costs order). We do not pay these for you. Those costs are your responsibility.
Likewise, if you agree in settlement to pay the whole, or part of another party’s fees and expenses, you will be responsible for paying those fees and expenses.
If at any point during our representation we determine that you qualify for legal aid, we will discuss whether it is in your best interests to terminate the pro bono representation so that you can seek legal aid assistance. Legal aid assisted parties are generally protected from adverse costs orders.
If you are successful in litigation, it is possible that the court will make an order that requires the unsuccessful party to pay some of your expenses (if any were incurred).
If you are successful in your litigation, we may also seek a pro bono costs order under Section 194 of the Legal Services Act 2007. A pro bono costs order reflects the value of the legal services that we have provided to you on a pro bono basis during the litigation.
Under the Legal Services Act, if the court awards such an order it is payable directly to the Access to Justice Foundation, a registered charity.
The Foundation uses funds raised through pro bono costs orders to support the provision of pro bono legal advice by the non- profit sector.
Our firm will not receive any of the sum awarded.
5. Ending an engagement
You have the right to ask us to stop acting for you for any reason and at any time.
We may stop acting for you, after giving you reasonable notice, in the following circumstances:
If we perceive that the necessary mutual relationship of trust and confidence required for a workable solicitor/client relationship no longer exists.
If we do not receive all reasonable help or adequate instructions from you to enable us to conduct your affairs properly.
If we determine in discussion with you that it is inappropriate for us to act on any particular issue or matter, on a pro bono basis.
If a request for funds to cover disbursements, other essential expenditure or fees on account is not complied with within the time nominated in the request.
I should be grateful if you would confirm your acceptance of these terms by signing the enclosed copy of this letter and returning it to me promptly. Your continuing instructions will also amount to your acceptance of the terms set out in this letter and our attached standard terms of business. Unless otherwise agreed between us, these terms of business shall also apply to any future instructions you give us.
In the case of any conflict between this letter and our standard terms of business, this letter shall take precedence.
I trust that this letter provides you with comprehensive information and we are pleased to be able to assist with this matter.
If you require any further information or would like to discuss any of the issues that this letter raises, please do not hesitate to contact me.
We look forward to working with you.
Yours sincerely
[xxx]
Partner
We accept the above terms
Signed Dated
______________________________________________________________________________
For and on behalf of pro bono client
[Attach law firm’s standard terms of business which will usually include a limitation of liability clause and other terms specific to the firm’s operations]
Sample engagement letter for clinic setting (limited scope)
Welcome to [full name of clinic/service].
This form’s purpose is to introduce ourselves and let you know what services we can provide through [clinic/service].
The [name of clinic/service] is a completely free service [provided through XXXX advice organisation].
[Additional overview of clinic/service if required]
What you can expect
- Please note that this is a [one-off/limited scope] service: we are only advising you [this evening/on the issue discussed today] and we are unable to provide you with ongoing legal advice or representation [in this matter]
- You will be seen by a volunteer [solicitor/adviser/law student] who will ask you several questions to understand what has happened and what help you may need
- The adviser(s) will then explain what help will be provided through the clinic and when this help will be provided by
- Once you receive this advice, the service offered by [name of clinic/service] will finish
- If you want more legal advice after this, you will need to [outline options, for example: request a new appointment, be signposted to other services]. Please note that [clinic/service] cannot guarantee any further assistance as we rely on volunteer advisers to provide their services
- If your legal problems are complex, go beyond the competence of our volunteer advisers, or you need services [clinic/service] cannot provide, then we will write to explain this and, where possible, will refer you to other organisations that may be able to help
- If you forgot to bring any documents with you, you can take them to [advice organisation/other address] for scanning and sending on to the volunteers
- The [clinic/service] is based on confidentiality. All details of your case remain confidential to your volunteer advisers and their supervisors. [Advice organisation] keeps case files for a period of six years from our contact with you, after which the files are destroyed
If you are unhappy with the service
We hope that you will be satisfied with the services that [clinic/service] provides.
If you have any complaint about the way your case is handled, however, please inform your volunteer advisers, who will pass on the complaint to [specify] at the above address.
Alternatively, you may ask to speak directly to [specify] or write to him/her with your complaint.
A copy of our client complaint procedure will be sent to you if we receive a complaint.
Your adviser(s)
Your adviser(s) this evening will be [first name].
[He/she] is a trainee solicitor/qualified solicitor/barrister. [He/she] will be assisted by [first name] who is a [trainee solicitor/student/other].
If you accept the above and would like our free legal assistance, please sign this form.
If you do not understand anything in this form, please ask one of our volunteer advisers.
I have read this form and I understand and agree to the terms of [clinic/SERVICE].
Signed Dated
______________________________________________________________________________
For and on behalf of person receiving pro bono legal advice
Secondment agreements
This is an example agreement where a lawyer is seconded to an organisation for a particular purpose. It should be used as general guidance only.
[Client name] Your reference
[Client address] Our reference
[XXX/XXX]
By email [clientemail@clientemail.com] [Date]
Dear [client name]
Secondment [secondee name: title]
We are very pleased to confirm the secondment of [name, title] (the 'secondee'), from [firm name] (the 'firm') to [client name].
1. [Client name] works in over [X] countries to promote and protect the rights of children. [Client name] vision for children is [XXX]. An area of focus is [XXX].
2. [Client name] and the firm have entered into a [X] year pro bono partnership.
During this time the firm has committed to providing [X] in pro bono support and [X] in donations to the [X] programme. This secondment forms part of that commitment
Purpose
3. To support [client name] with three law reform projects relating to [XXXX]
4. Solicitors from the Firm will provide advice and assistance with each of the three projects.
The secondee will act as the client contact between the firm and [client], manage the firm’s role and contribution to the projects and also undertake legal work himself/herself related to [X].
PART 2 Job description and scope of responsibility
5. The Secondee will work under the direction and supervision of [supervisor name] to support [client] in three projects. A brief summary of each project is outlined below. Each project will also be the subject of a separate Client Engagement Letter.
6. Project 1: [XXXX]
6.1. The firm will assist [client] in supporting the government to develop a legal framework to [XXXX]. The assistance will be in the form of:
6.1.1. a report on [XXXX].
6.1.2. recommending legislative and regulatory amendments to ensure [XXXX].
7. Project 2: Review of legislation relevant to [XXXX].
7.1. The firm will assist [client] in supporting the government to review legislation relevant to [XXXX]. The review will [XXXX].
8. Project 3: [XXX] Reform
8.1. The review will identify specific issues to be addressed through law and policy reform. The firm will provide technical assistance to enable [client] to [XXX].
9. The work for each project will be undertaken by the secondee and a team of solicitors from the firm, including a supervising Partner. It is not intended that the projects will be completed during the duration of the secondment.
Timelines and the scope for each of the projects will be agreed separately between [client] and the firm. It is understood that Project 1 is to be given priority.
10. With each of the above tasks, the secondee will agree with [client] an outline and work plan which details the responsibilities and roles of the secondee, the firm and [client] to the firm while on secondment to [client].
11. The secondee remains at all times an employee of the firm. The firm will continue to pay to the secondee all salary and other benefits, including pension contributions and other entitlements to which the secondee may be entitled.
The firm will continue to comply with its obligations under relevant pension superannuation guarantee legislation.
The firm will also ensure it pays all tax and other deductions necessary under employment legislation.
12. Throughout the period of the secondment, the secondee may seek assistance and clarification on any issues from appropriate personnel of the firm and any such advice or assistance given, where it was not the subject of a formal retainer, will not be the subject of fees.
13. [Client] acknowledges that it will not take any steps to alter the secondee’s employment or terms and conditions including referring any disciplinary matters with the secondee to the firm.
14. [Client] will take all reasonable steps to provide the secondee with a safe working environment during the secondment.
15. [Client] agrees not to make an offer of employment to the secondee during the term of the secondment or for a period of twelve months from the conclusion of the secondment, without first obtaining the approval of the firm.
Location and working arrangements and costs
16. The secondee will be based at [XXXX].
17. The firm is providing the secondee on a pro bono basis and will not charge [client] for the services of the Secondee.
18. The firm will pay for the secondee’s travel costs and accommodation costs where they exceed the secondee’s accommodation costs in his/her usual place of residence.
19. [Client] will pay for any expenses incurred by the secondee in connection with business travel undertaken at the request of [client], for example to meetings with stakeholders.
20. [CLIENT] is responsible for obtaining the necessary visas for the secondee for the term of the secondment.
PART 3 Term
21. The period of the secondment will be for a period of [X] months, from [X] to [X] (the Term) five days a week.
22. The secondee will be employed by the firm. The [client] or the firm may terminate the secondment at any time. However, prior to exercising that right, the Firm and [client] will discuss and consult with each other .
PART 4 Permitted contact with the firm
23. Under the direction of [client], the secondee may:
- consult with the firm for advice and assistance in the performance of the secondee’s work
- receive internal firm correspondence and publications in order to keep up-to-date with developments in the law or the firm’s practice
- attend firm events and activities from time to time
PART 5 Support to be provided to the secondee
24. When necessary, the firm will provide the secondee with the following during the period of the secondment:
- access to administrative support
- access to meeting rooms and meeting facilities
- access to word processing services
- access to photocopying and printing
- stationery supplies, and
- email access
25. [Client] will provide the secondee with the following during the period of the secondment:
- a workstation and safe working environment
- access to administrative support
- access to meeting rooms and meeting facilities
- access to photocopying, printing, stationery supplies, internet and email
- organisational induction and training required to carry out duties, and
- advice regarding relocation to [XXX], including, but not limited to, information on accommodation, transport and security
26. In relation to paragraphs 19.2 and 19.3, the secondee must have read, and at all times comply with, [client]’s ‘IT Security and Technology Usage Policy’.
Leave
27. Any rights the secondee may have in respect of annual leave, long service leave and sick leave with the firm will remain unaffected.
28. The secondee shall give [client] reasonable notice of any annual leave [s/he] wishes to take.
29. The secondee will inform the firm of any leave taken by the secondee so that the firm may update its personnel records.
PART 6 Confidentiality
30. The firm acknowledges that the secondee owes a duty of confidentiality to [client].
31. The firm will not require the secondee to divulge any information in relation to any matters on which he/she has worked for [client] except for:
- matters in relation to which [client] has given instructions to the Firm to act; or
- information which may be necessary for the purposes of resisting or defending any claim or demand made against the firm or the secondee arising out of or in connection with the secondee’s secondment
32. The fact of the secondment is not confidential.
33. The firm acknowledges that during the period of the secondment the secondee may be required to deal with other solicitors consulted by [client].
The firm acknowledges that any information that the secondee may acquire as to the practice of those solicitors or their relationship with [client] is confidential and may not be disclosed by the secondee to the firm.
PART 7 Liability and indemnity
34. Save as provided above, the firm is not responsible for the secondee, including the provision of the services provided by the secondee, while the secondee is on secondment with [client].
The firm will not be liable for any act or omission of the secondee during the secondment, including any liability by way of negligence or arising from any duty of care which may exist, whether by way of contract or otherwise.
[Client] will not make any claim against the firm based on any conduct of the secondee of any nature.
35. [Client] will be responsible for the secondee’s work throughout the secondment and will provide sufficient supervision as necessary.
[Client] will make the necessary insurance arrangements in relation to the secondment and, in particular, will ensure that [client]’s professional indemnity insurance will cover the secondee during the period of the secondment.
The firm will cover the secondee for workers’ compensation while they are on the secondment.
36. [Client] will provide the firm with a copy of its professional indemnity insurance policy, including certificate of currency, upon the commencement of the secondment.
37. The secondee will not be liable to [client] for, and [client] will not make any claim against the secondee in relation to conduct by the secondee during the secondment, other than an action based on fraud, serious misconduct or deliberate breach of duty.
38. [Client] will indemnify the firm and the secondee in respect of any claim made by or liability to any third party in relation to the secondment on a full indemnity basis, except to the extent that the claim or liability is occasioned by the secondee’s fraud, serious misconduct or deliberate breach of duty.
PART 8 Reporting
39. The secondee will report to the deputy representative of [client]. The secondee will work closely with [XXX], and other advocacy staff as required.
40. The secondee will provide [XXX], with a short email report each month of the secondment outlining the work they have undertaken and a further report at the end of the secondment.
41. The reports should be reviewed by the deputy representative of [client] prior to being sent to [XXX] of the firm.
PART 9 Appraisal
42. Following completion of the secondment, [client]’s relevant personnel will, if requested by the firm, discuss the secondment with [XXX] and [XXX] (partner) of the firm and the secondee.
Limitations
43. Prior to commencing work on any task or matter, the secondee will, with the assistance of the deputy representative or senior staff, identify any parties that may be materially and adversely affected by the work being undertaken, and conduct a conflict search to ensure that no conflict exists.
In circumstances where there is any doubt or uncertainty in relation to a potential or perceived conflict of a legal or commercial nature, the secondee will consult with [XXX] of the firm.
44. [Client] will immediately advise [XXX] of the firm of any conflicts or potential conflicts, including both legal and commercial conflicts arising from the work of the secondee.
PART 10 Marketing and publications
45. [Client] acknowledges that the firm does not actively market its pro bono initiatives.
46. [Client] will advise the firm of any marketing opportunities arising from the secondment, and all marketing initiatives proposed by [client] will be at the discretion of the firm.
47. [Client] will have regard to the possibility that commercial conflicts may arise from any marketing of the firm’s involvement with the activities of [client] and will, to the extent possible, seek to ensure that publicity of the firm’s association with [client] is limited to those occasions where there is no known possibility of a commercial conflict arising.
48. From time to time the firm will publish pro bono publications ('publications'). The primary purposes of the publications are as follows:
48.1. to inform the community of the firm’s community initiatives
48.2. to ensure transparency in relation to the firm’s community programmes
48.3. to encourage increased participation in the firm’s community programmes by the firm’s employees
49. [Client] acknowledges that the fact of the secondment may be disclosed in the publications. [Client] will cooperate with the firm in preparing appropriate material for the publications, in relation to the activities of the secondee and [client].
PART 11 Communication
50. Communications in relation to this agreement should be directed to [XXXX].
PART 12 Governing law
51. This agreement is governed by and will be construed in accordance with English Law.
The courts of England and Wales shall have exclusive jurisdiction in relation to any claims arising out of this agreement.
Kind regards
[xxx]
Partner
Date
Signed by
[Client]
Memorandum of understanding
Dear [name],
[Insert details of relevant organisation] ('[NGO]')
We are very pleased to confirm that we are able to act as your legal partner on a pro bono basis in connection with [provide details of any specific area in respect of which the organisation is seeking support from [law firm]].
We are looking forward to working with you and to developing the relationship between [law firm] and [NGO] (the '[law firm]/[NGO] Relationship').
This memorandum of understanding ('MOU’) is intended to provide a framework for the operation of [insert details of project], setting out the responsibilities, roles and expectations for both parties.
1. NATURE OF SUPPORT TO BE PROVIDED BY [law firm] LLP ("[law firm]")
Pro bono legal support
1.1. We are able to provide you with legal support in the following areas:
[Insert details of areas where support can be provided]
1.2. We will also seek to provide you with legal support in other areas on request. However, we will only be able to provide such support if we determine that we have sufficient expertise and resources to do so.
Unfortunately, due to resource constraints, we are not, except in exceptional circumstances, able to provide legal support in the following areas:
[Insert details of carved out areas]
1.3. In addition to providing you with advice on specific legal issues or disputes, we are also able to provide you with strategic support and advice.
Our partners and associates have substantial skills and experience in advising leading private organisations on strategic and planning advice.
We would welcome the opportunity for members of the [law firm] team to join the [board] of [NGO], or to participate in strategic or planning discussions at [NGO].
Other pro bono support
1.4. In addition to providing legal and strategic advice, we would also welcome the opportunity to involve our non-fee earning employees in the development of the [law firm]/[NGO] Relationship.
In particular, we are able to provide you with business and management support in the following areas:
[Insert details of areas where support can be provided]
Support in kind
1.5. We are also able to provide you with these additional benefits:
[Insert details of other forms of in-kind support, for example, use of meeting rooms]
Financial support
1.6. We are also able to provide financial support to [insert details of organisation] on the following terms: [insert details]
2. Terms of business
I enclose our International Terms of Business.
These terms apply to all services [law firm] provides to you and members of your group, except where we agree otherwise in writing.]
3. Extent of support to be provided by [law firm]
3.1. We will provide you with legal advice on a pro bono basis in an amount equivalent to [insert sum] in legal fees for each year of our relationship.
Either: [This will be calculated on the basis of the time spent on work carried out for you at [a X% reduction on] our current guideline hourly rates. Further details of our hourly rates are set out in Schedule 1 of this letter.
The hourly rates applicable to each solicitor vary according to his or her experience and may change as they gain more experience. In addition, our guideline rates are reviewed periodically and, as a result, may change. I will notify you of any revised rates if they affect the rates we charge you.]
Or: [Although typically the hourly rates of our solicitors vary according to their level of experience, in this case we will calculate our legal fees on the basis of the time spent on work carried out for you at a single hourly rate for all involved of £[X]. This rate is based on [a X% reduction on] our current guideline hourly rates as set out in Schedule 1 of this letter.
These guideline hourly rates are reviewed periodically and, as a result, may change. This may mean that it is necessary to change the single rate charged to you, but I will discuss this with you before it happens and any increase will, in any event, not exceed the percentage increase on our guideline hourly rates.]
Or: [We will make no charge for our time, although we reserve the right, in the event that the time involved in advising on this matter were to exceed our reasonable expectations and after reasonable notice, to request that [you][●] pay for further time spent on the matter and to cease acting if agreement cannot be reached on this point.]
3.2. Either: [If you were to go beyond the [insert sum] threshold in any one year, we are happy to continue to act for you, with your agreement, on a paid basis at the lower of (i) our applicable charge out rates and (ii) our substantially discounted blended rate of [£ per hour], regardless of the level of support required. We will, of course, discuss this with you at the time.]
Or: [If you were to go beyond the [insert sum] threshold in any one year, we are happy to continue to act for you, with your agreement, on a paid basis at our substantially discounted blended rate of [£ per hour], regardless of the level of support required. We will, of course, discuss this with you at the time.]
3.3. Disbursements: [You are responsible for paying any expenses that might be incurred in connection with this matter. However, wewill not charge you for ordinary-course disbursements such as photocopying.
In addition, provide details of any predicted/agreed upon costs discussed that [law firm] has agreed to cover (for example, any travel expenses)].
3.4. In the event that we consider it necessary to instruct incur expenses of any substance, we will check with you before incurring such expense[; however, none are anticipated at the moment [but in future it may be necessary to [explain potential expenses]];
3.5. In the event that we consider it necessary to instruct third parties, such as counsel (barristers or solicitor advocates), in relation to any of the matters that you have asked us to advise you on, we will discuss this with you at the time.
3.6. Fee updates: We shall provide you with [regular] updates on the amount we have spent in legal fees [every three months] or at any other time on request. In addition, we shall let you know when we are approaching the [insert sum] cap in any one year.
We shall bill any fees payable under Paragraph 2.2 above on a [monthly] basis, starting on the date agreed between us at the time. All bills must be paid on receipt.
4. Details of the [LAW FIRM] personnel who will be involved in developing the [law firm]/[NGO] relationship
4.1. [X] and [X] will manage the [law firm]/[NGO] Relationship (the 'Relationship Managers'). [X] and [X] are solicitors/partners in [law firm]. Their role will be to:
4.1.1. take overall responsibility for the development of the [law firm]/[NGO] Relationship;
4.1.2. act as the primary point of contact at [law firm] to discuss your legal support, strategic or other requirements;
4.1.3. co-ordinate the wider [law firm] team to respond to your legal support, strategic or other requirements;
4.1.4. monitor our fees and provide you with the updates outlined in Paragraph 2.5 above; and
4.1.5. deal with any conflict management issues.
Should you have any concerns with any aspect of our service, either now or at any time in the future, please feel free to contact [X] or [X].
4.2. [Relationship partner] and [relationship partner] will also be closely involved in managing and maintaining the [law firm]/[NGO] Relationship. [Relationship partner] is a solicitor and a partner in [law firm]. [Relationship partner] is a solicitor and partner/pro bono director at [law firm].
Their role will be to:
4.2.1. provide cover for [X] and [X] in the unlikely event that they are both unavailable at the same time; and
4.2.2. assist in co-ordinating of the wider [law firm] team.
4.3. [X] will support the wider [law firm] team. [His/her] role will be to:
4.3.1. help coordinate and manage the [law firm]/[NGO] Relationship;
4.3.2. provide support in managing the day-to-day aspects of the [law firm]/[NGO] Relationship; and
4.3.3. monitor the [law firm]/[NGO] Relationship by managing the Review Meetings (as defined in Paragraph 6 below).
4.4. The following partners in [law firm] will be responsible for supervising legal support in the following key areas:
You should feel free to contact any of these partners if you have any specific concerns or issues about the [LAW FIRM]/[NGO] Relationship that you would like to discuss.
4.5. In addition, we will involve fee-earning associates in connection with the provision of legal advice and in the development of the [law firm]/[NGO] Relationship generally. Different associates will be involved depending on the specific area that specialist advice is requested.
All solicitors involved in the project will be adequately trained and have appropriate levels of skills and experience for the work being undertaken. We will introduce you to these associates as we involve them in the [law firm]/[NGO] Relationship.
4.6. Similarly, we will involve members of our business and support teams in the development of the [law firm]/[NGO] Relationship as appropriate. Again, all business and support personnel will be adequately trained and have appropriate levels of skills and experience for the work being undertaken.
We will introduce you to these business and support employees as we involve them in the [law firm]/[NGO] Relationship.
5. [NGO] to make available to [law firm]
5.1. We consider that the [law firm]/[NGO] Relationship should be a mutually rewarding relationship and we ask that you support us in developing the [law firm]/[NGO] Relationship in the following ways.
5.2. First, we ask that you actively consider involving us in all aspects of the work of your organisation.
In addition to providing you with specific legal advice on issues and disputes that may arise in the course of your work, we also feel that we can provide significant value-added benefits in other areas (as outlined in more detail in Paragraph 1 above).
In particular, we ask that you actively consider:
5.2.1. involving [law firm] partners in the strategic discussions of your organisation, for example by inviting [law firm] partners to participate in board meetings and other strategic discussions; and
5.2.2. involving our business and support staff in any non-legal initiatives that your organisation undertakes.
5.3. Secondly, we ask that you actively consider involving us in any initiatives that you have with clients or potential clients of the firm or with any other NGOs or governmental or public bodies. We ask that you invite us to any key events hosted by [NGO] and introduce us to any of your other corporate partners.
5.4. Thirdly, we occasionally host events at which we showcase our relationships with charities, schools and other non-governmental organisations. We consider that these events are mutually rewarding as they also provide you with an opportunity to enhance your exposure, and we ask that a representative of [NGO] attends these events at our request.
5.5. Finally, we ask that you assist us in the preparation of our annual Corporate Responsibility Report by providing us with any relevant statistics and case studies about the work that we have carried out for you over the course of our preceding financial year.
6. Placing the [law firm]/[NGO] relationship in the public domain
6.1. As mentioned above, we consider that the [law firm]/[NGO] Relationship should be a mutually rewarding relationship. Accordingly, we expect that both parties would like to be able to publicise and make use of the [law firm]/[NGO] Relationship in the public domain.
However, we recognise that both parties would wish to monitor and control any public statements about the [law firm]/[NGO] Relationship.
6.2. We ask that you acknowledge our support for you on any significant documents you produce about your organisation, such as your annual report. We are also happy to make our logo available to you on request, and can provide it in various formats.
We will ask you to agree to various conditions when reproducing our logo, including agreeing to use it in a context that is clear, appropriate and not misleading.
6.3. Likewise, we would expect to be able to publicise the [law firm]/[NGO] Relationship in any documents produced by us if we consider that such publicity would be appropriate, including, but not limited to, our Annual Report and our annual Corporate Responsibility Report.
We understand that you would wish to monitor our use of your name and your logo, and, accordingly, would seek your consent to doing so wherever possible.
7. Review meetings
7.1. In order to ensure the success of the [law firm]/[NGO] Relationship, we ask that you attend meetings (the 'Review Meetings') every [three months] (or at such other intervals as the parties may agree) in order to:
7.1.1. review the work carried out by [law firm] in the preceding [three months], assess how the [law firm]/[NGO] Relationship is developing, assist us in identifying any strengths or weaknesses in the level of service that we have provided to you and monitor the support that [NGO] is providing to us under Paragraph 4 above; and
7.1.2. discuss the likely support requirements of [NGO] in the upcoming [three months].
7.2. In order to maximise the benefits of the Review Meetings, we ask that you ensure that appropriate [NGO] personnel are made available to attend the Review Meetings and that you gather all relevant information and the opinions of relevant personnel prior to the Review Meeting.
We will ensure that at least one of the Relationship Managers and either [relationship partner] or [relationship partner] are able to attend the Review Meeting, and, likewise, we will ensure that we gather all relevant information and the opinions of relevant associates and other members of staff that have been involved in the development of the [law firm]/[NGO] Relationship prior to the Review Meeting.
8. Person to be contacted in the event of a problem
Should you at any point not be satisfied with our work, you should not hesitate to call or contact [insert names of people identified at paragraph [3.1] above]. If they are not available or if there are any circumstances where you would find it helpful to speak to another partner, please contact [relationship partner] or [relationship partner] or, alternatively, any of the partners listed in paragraph 3.4 above will be pleased to help.
You should expect the same level of service as our fee paying clients and should not feel discouraged from making a complaint because we are performing the work on a pro bono basis, as it is important to us that we learn of, and have the opportunity to remedy, any problems which might arise.
[We have a complaints handling policy that I am happy to provide to you on request or that you can find on the legal notices page of our website.]
9. Limitation of liability
Please note that our terms of business contain provisions limiting our liability, including in relation to negligence so that we will only be liable for our fair share of any loss that arises.
Our maximum liability in relation to the above matter, including in relation to negligence, shall not exceed £3 million. Our terms of business include additional provisions that apply to this liability cap.
None of the exclusions or limitations in our terms of business shall operate to exclude or limit any liability to the extent such exclusion or limitation is precluded by law or by any applicable rules of professional conduct.
10. Confidentiality
10.1. [Law firm] solicitors are subject to the SRA Code of Conduct in particular regarding matters such as conflicts of interest and professional secrecy.
We may act for other clients in similar circumstances and obviously we will not disclose your confidential information to them even if it is material to their matters. In these situations we will put in place appropriate measures to protect the information.
10.2. Subject to Paragraph 6 above, this document and the arrangement contained within it will be treated as confidential and may not be disclosed to any third party, other than to the extent required by law.
11. Conflicts
On the rare occasion where we are acting for another party with whom you have a relationship, we will need to consider whether appropriate conflict waivers need to be in place. We will discuss this with you as issues arise. This may mean that the firm has information that is material to a matter we are handling for you that we cannot disclose to you.
12. Client account
We may hold funds on your behalf in our client account for the purposes of providing our services to you, or as security for fees. Use of our client account, how we handle funds and our approach to paying interest is governed by the provisions of the SRA Accounts Rules.
We reserve the right to pass on any negative interest that we incur as a result of your use of our client account.
13. Mandatory tax reporting
13.1. A statement regarding reportable cross-border arrangements under EU Council Directive 2018/822 and under UK Mandatory Disclosure Requirements (‘DAC6/MDR’) can be found [on the legal notices section of our website]/[●].
13.2. If we determine that the matter on which we are advising you involves a reportable arrangement, we will be required to disclose non-privileged information about the arrangement to the tax authorities and/or to notify the taxpayer and/or other EU/UK intermediaries of the reporting obligations under DAC6/MDR.
To the extent legally permitted we will discuss any report with youin advance and provide a copy of any report we make. Our professional duty of confidentiality will be overridden to the extent of our legal reporting obligations.
13.3. You will provide us with details of any other EU/UK intermediaries involved in the arrangement and copies of any reports made by such intermediaries pursuant to DAC6/MDR.
If you are the taxpayer with respect to a reportable arrangement, you will have an obligation to make the relevant disclosure to the tax authorities.
14. Limited liability partnership
Although an LLP has "members" and not "partners", our members prefer to retain the title of "partner" but, of course, all of our services are provided on behalf of the LLP and not in any personal capacity.
15. Termination
15.1. Unless otherwise terminated in accordance with this letter, our relationship shall continue for a period of [three years] from the date of this letter, or at such later date as we may agree in writing.
15.2. You have the right to terminate the [law firm]/[NGO] Relationship by giving us written notice.
15.3. If we believe that you are acting unreasonably or refusing to accept our advice we reserve the right to terminate the [law firm]/[NGO] Relationship according to the applicable professional rules and the rules of the relevant court.
Please let us know if you have any queries. Thank you for giving us this opportunity to act as your legal partner and we look forward to working with you.
Yours sincerely
[Insert details of relationship partners]
Evaluation template
Sample pro bono evaluation form one: legal professional
File closure report
If you have worked on a pro bono file that has recently completed, please take a minute to complete this very short report.
Consider whether this file has helped you build your skills, experience, capability and knowledge.
Select any of the following professional skills which you demonstrated or developed during this pro bono matter.
List any other relevant skills which you demonstrated or developed during this pro bono matter.
Based on your experience of this file, are there professional skills areas you would like to have more opportunities to develop?
Provide any additional comments about your experiences on this matter.
Skills
File management
- Responsibility for managing a file
- Project and case management
- Time management
- Creative problem solving
- Identifying conflicts and other ethical issues
Legal
- Legal research and analysis
- Drafting legal documents
- Drafting evidence Drafting pleadings Writing submissions Negotiation
- Advocacy
- Mediation and dispute resolution
- Briefing counsel
Other
- My confidence as a solicitor
- Dealing with difficult opponents
- Having to take responsibility for my own work, to ensure that it is accurate
- Presenting training or delivering other presentations
- Working with interpreters
Clients
- Confidence in dealing with clients
- Gaining a client's trust
- Client interview skills and taking instructions
- Providing clear and concise advice in plain language
- Client management and communication skills
Team
- Working in a team
- Working with solicitors or other colleagues outside of your usual team
- Supervising solicitors
- Working with a supervisor
Sample pro bono evaluation form two: legal professional
Client name/number:
Matter number:
Solicitor acting:
Supervising partner:
Date completed:
Assistance provided:
1. Outcome
Benefits of assistance to:
2. Client:
3. Yourself:
4. Firm:
5. Other:
6. Ways the matter could be handled more efficiently or effectively (if any):
7. Is it worthwhile undertaking similar work on a pro bono basis? Why/why not?
Is there any further learning or professional development opportunities you would like to explore as a result of taking on this pro bono matter?
Sample pro bono evaluation form: client
Note: where there is a rating question – 5 is very good and 1 is poor.
Please provide as much detail as possible.
1. Name (optional)
2. How did you find out about our [clinic/pro bono service]?
a. Publicity leaflet
b. News advert
c. Local library
d. Medical centre
e. Other advice agency
f. Other
3. If other, please specify.
4. How helpful did you find the advice you received from the [clinic/pro bono service]?
[star rating one to five]
5. If you found it helpful, please describe how it helped you.
6. How clearly was the way in which we work explained to you?
7. How well were you kept informed by us about the progress of your case?
[star rating one to five]
8. How clearly was the law and legal procedures explained to you?
[star rating one to five]
9. How happy were you with the speed with which we dealt with your case?
[star rating one to five]
10. How good was the service we gave you overall?
[star rating one to five]
11. Would you use our service again?
a. Yes
b. No
c. Maybe
12. Would you recommend us to others?
a. Yes
b. No
c. Maybe
13. Is there anything we could have done better in your case?
14. Our clinic works with a national charity called LawWorks. They support us to set up and run clinics, and we help them by sharing information about our work.
Would you be happy for us to use the details of your case and your feedback as a case study about our clinic? This may be used online or in other public documents
No information that could identify you or anyone involved in your case would be shared with LawWorks or made publicly available.
a. Yes
b. No
Sample pro bono evaluation form: pro bono student volunteer
Complete the questionnaire to give us your views and help us improve the education we offer to you and the service we give to the public.
Answer each question by marking the appropriate box with a cross and write your comments in the boxes provided.
Answer each question by clicking on the appropriate number of stars and writing your comments in the boxes provided.
Note: where there is a rating question – 5 stars is the highest score and 1 star is the lowest.
1. Name (optional)
2. Legal research: To what extent did the legal research that you carried out for the case improve your legal research skills?
[star rating one to five]
3. Substantive law: Did your participation in this case increase your understanding of the law?
[star rating one to five]
4. Problem solving: Did your participation in this case increase your capacity to apply the law to practical problems?
[star rating one to five]
5. Ethics and professional responsibility: Did your participation in this case increase your awareness of the ethical and professional issues affecting a lawyer in practice?
[star rating one to five]
6. Overall impression: How valuable was the experience of your involvement in this case?
[star rating one to five]
7. What did you enjoy most about participating in this case?
8. What did you least enjoy about participating in this case?
9. Approximately how many hours did you spend on this case?
10. Do you feel you were adequately supported in your work with by the university? Please explain your reasons.
11. Has the experience working on this case been of educational value?
12. How would you rate the supervision given by the professional volunteer?
[star rating one to five]
13. What did the professional volunteer do well?
14. Is there anything that the professional volunteer could have done to improve the support/supervision they gave you?
15. Have you any other comments to make?
16. Please tick the box below to indicate you are giving the university your permission for any quotes to be used in any such publication by the university or affiliated partners, and for this to be edited according to the house style used in various media.
a. Yes, I give permission
b. No, I don’t give permission