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Key Milestones for Pro Bono Law Alberta

Much has been accomplished by Pro Bono Law Alberta since the October Round Table:

1. The new Society has been incorporated and registration as a charity is being sought.
2. A Board of Directors with representatives from Volunteer Lawyer Services, all of the clinics, and the Law Society has been appointed.
3. An acting Executive Director has been hired (Susan Billington, Policy and Program Counsel, has been seconded from the Law Society of Alberta).
4. A start up and first year action plan has been adopted.
5. Funding approval for the first year of operations has been provided by the Alberta Law Foundation.
6. Most importantly, the Board has begun the work of putting in place programs. The programs that are being pursued fall into essentially three categories:

a) Expanding the delivery of pro bono services throughout the Province.
b) Supporting and enhancing the work of the pro bono clinics.
c) Increasing the number of lawyers providing pro bono legal services and the number of individuals receiving them.

In addition, pro bono programs are being pursued in partnerships with the Courts and groups of lawyers to provide discrete task legal services to disadvantaged Albertans.

An Initiative of Our Profession Worthy of Being Our Legacy

by Rod Jerke, QC, President, Pro Bono Law Alberta

Rod Jerke

The following is an excerpt from a speech given at the LSA's Plenary Session at the Alberta Law Conference on March 16, 2007 by Pro Bono Law Alberta president, Rod Jerke, QC.

As members of the Legal Profession, we have no obligation to provide legal services, pro bono that is, for free. We do, however, have an obligation to provide access to justice. Our Code of Professional Conduct confirms, in Chapter one, that we have special duties by virtue of the privileges accorded to the legal profession.

The concerns of the Law Society, first and foremost, are to serve the public interest. It is often said that an independent legal profession is fundamental to the rule of law and a democratic system, both of which are key matters of public interest. The Law Society, in its Strategic Plan, includes the goal to uphold and preserve the fundamental principles of justice, including the Rule of Law, the independence of the bench and bar, effective and equal access to justice, and to promote equity and diversity in the legal profession. To accomplish this goal, the Law Society's objectives include visible support for the principle of effective and equal access to justice, and the promotion and facilitation of the provision of pro bono services to those in need, and to speak in support of this principle on every occasion on which it is called for.

Chief Justice McLachlin, in a recent speech, stated "the most advanced justice system in the world is a failure if it does not provide justice to the people it is meant to serve. Access to justice is therefore critical. Unfortunately, many Canadian men and women find themselves unable, mainly for financial reasons, to access the Canadian justice system."

Lawyers participate in access to justice in

many ways. The pieces of the access to justice pie include the provision of legal services on a standard retainer, reduced fee agreements, contingency fee agreements, participation in the Legal Aid system, and the provision of legal services "pro bono".

In Alberta, and indeed in much of Canada, the landscape for the provision of legal services pro bono changed notably with the introduction of the Legal Aid system, and changed again with the significant financial cutbacks in the1990's. In 2004, the CBA, Alberta Branch, provided a report on volunteerism following an extensive survey of many Alberta Lawyers. The results of the survey demonstrated that the average lawyer spends over 15 regular working days per year, approximately 120 hours, volunteering their time, skills, and expertise to individuals and organizations within Alberta.

While these volunteer efforts are not restricted to the delivery of pro bono legal services, it is obvious that the efforts of lawyers are essential in ensuring access to justice to low income, needy individuals, and the commitment of lawyers is commendable.

In 1998, LSA established its Pro Bono Committee, which identified as its first task the development of a clinic start up kit which has since been used as a resource for creating the pro bono clinics in Edmonton, Red Deer, and Lethbridge.

In 2003, the Committee released its report entitled "Pro Bono Publico - For the Public Good" (also available on the Law Society website). In this report, the Committee articulated the role of, and guiding policy considerations for the Law Society regarding the provision of pro bono legal services. As well, the Benchers adopted four key recommendations made by the Committee.

Firstly, the Benchers have adopted the definition that a lawyer who voluntarily provides legal services without fee and without expectation of a fee is providing a pro bono

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