Pro Bono & Professional Practice: Enhancing Legal Skills and Serving the Community

In this document we will discuss about Pro Bono & Professional Practice and below are the summary points of this document:- Engaged in pro bono legal work to serve the welfare of the community and enhance legal skills. Applied Mezirow's theory for transformative learning in the practical context of legal cases. Utilized Brookfield's theory to analyze situations and incorporate emotional and physical reactions in decision-making.

Pro Bono & Professional Practice

Introduction
I am studying LLB and joined a small law firm in order to carry out legal work for the
woman and man in the street. I have received an excellent skill of examining cases on the
basis of the legal rules and regulations. I have also been involved with legal professionals in
order to get ideas and enhancing my knowledge. During the course, I have learned theories
related to how a case is presented and what are the things that need to be followed for
reaching a conclusion. I have also found that considerations of the ethical principals are also
very much important because it ensures fairness and integrity during the whole process. I will
reflect over my pro bono practice experience where I was able to enhance my capabilities. I
was allocated with the responsibility to understand and examine a case for reaching to an
appropriate conclusion. My experience was also being influenced by the value and content of
the work. The understanding of the current laws, rules, and standards were being achieved
which is significant to become an effective legal professional. The seniors also assisted me to
carry out my work. The ethical rules need the basic duties of diligent and competent
representation, appropriate communication about the issue with the client related to matter,
privilege, and confidentiality. The work enabled me to take responsibilities and opportunities
for improving my legal skills. I have realized that practice experience is much difficult than
theoretical study. I was able to interact with the clients in an appropriate manner in order to
solve their issues. It was very much important for me to set goals and clear expectations. I
also utilized theories in order to support my professional practice. The experience also
enabled me to determine my strengths and weaknesses. I have provided with the opportunity
to solve a legal case with the application of my knowledge and skills. I will be able to carry
out meaningful and substantial direct interactions with the clients. It was a great opportunity
for me to involve the cases and getting legal understandings. I will analyse the case,
1

determine ethical issues and apply my legal skills and theories to achieve my required
objective.
Main Context
Pro bono is a type of Latin phrase “pro bono public”. It means for the welfare of the society.
Pro bono refer to the service which is being offered by a professional either without any cost
or at a low cost to the beneficiary. Pro bono services are being offered in many fields but the
term is generally used in the legal professions1. Mezirow’s theory focuses on transforming
the learning that can be applied by an individual in his or her legal practice. A pro bono can
use the theory while carrying out its legal cases. If a person is learning anything then it should
be applied in his or her personal life. I have also learned many things while carrying out the
legal case. Brookfiled’s theory focuses on thinking about the situation in relation to previous
experiences and current feelings and reactions. An individual should understand the current
situation and apply his or her emotional and physical reactions in an appropriate manner. A
pro bono should also review the situation appropriately before taking any action.
I am a student doing my degree in law and decided to undertake legal cases for poor men and
women who could not afford to hire lawyers to resolve their cases. It could help me in
improving my skills and knowledge and at the same time, it could also be helpful for the
men/women in the street. My first case was one of my friends whose name was Peter, and he
was also my neighbour. I live in 3 bedrooms flat which are owned by my family and Peter’s
family used to live on rent. I used to spend my childhood playing soccer with Peter and other
boys in the void deck. Just there, was a signboard which was clearly stating that playing
soccer in the void deck was illegal. When I grew up I discovered that neither Peter nor I
managed to make a space for us in national soccer squad despite making numerous
spectacular goals in that void deck.
1 Rafael Domingo, The New Global Law (10th ed, Cambridge University Press 2011).
2

It was in the afternoon I heard a knock on my door, it was Peter and I figured out that he is in
some serious trouble. He explained to me that he is in serious problem with the police for
allegedly hurting an old man. He came to me because he thought I had become a lawyer.
Then I realized that this insignificant matter can also turn out to an important constitutional
law issue and I saw it as an opportunity for me to become a pro bono lawyer. After a couple
of days, I met Peter and got straight to my job which was my first pro bono brief. We decided
to meet in a coffee shop and I started to write his instruction on a notepad. It was clear that
Peter and the old man had a minor tiff at his void deck which caused a minor injury to
victim2. As per the medical report, the injury contains a "mild contusion", which I figured out
meant nothing but a "small blue black". According to the police stated there was some
element which was showing that the provocation was from the victim. As Peter described that
a friend of the elderly gentleman started chasing upon Peter by following the minor tiff
between them. Peter was being caught up near the coffee shop by some patrons after hearing
the noise. They thought that the peter was guilty of some wrongdoing. After completion of
one year of the incident, Peter was now charged for willingly hurting someone.
After reviewing the facts, I found that the injury was caused unintentionally and I was
confident enough to argue on it. Even the medical report was pointing that the injury was not
made with an intention to harm the victim. After reviewing everything I found out that the
entire matter was just a misunderstanding and it could be resolved out of the court itself. I
sent a proposal for setting a meeting between both the parties so that the matter can be
resolved out of the court itself. However, the proposal was rejected. The matter was now in
court and a very senior district judge was looking into it. He immediately found out that the
whole matter is insignificant and minor. He asked Peter and the victim to patch things by
themselves3. The victim became ready to resolve the matter and his family wanted the same
2 Malcolm D Evans, International Law (12th edn, Oxford University Press 2018).
3 John J Kirton and Jelena Madunic, Global Law (8th edn, Ashgate 2009).
3

to put an end to this misunderstanding. To resolve the matter a sensible settlement was
worked out between both the parties. Peter had been asked to apology the victim in the open
court itself. Peter did accordingly and it was accepted by the elderly man. The Prosecution
did not support the composition. Because of the objection from the Prosecution, the Judge
expressed his consent to the composition under the Criminal Procedure Code. Peter had to
raise his right hand and asked for apology very elegantly in open court as it was part of the
composition.
Prosecution sent me a notice with appeal just after a week. It was indicating that they had
raised a constitutional law issue for the composition. Prosecution raised the argument stating
that the Attorney General is the person who has the right to terminate or discontinue criminal
proceedings. Fortunately, this argument was rejected by the high court4. It was a great
moment for me that I was able to help Peter at his time of need. I remember he used to pass
the ball to me in the penalty box so that I could make a goal and this was the reason that I was
able to score three goals in the few years. This was a very small way of reaping him whatever
he did for me.
I had been working on another case which was of a lady named July. She was a maid and she
had been charged for murdering her elderly employer. July was pregnant at the time when the
incident happened. The case went to the court and she had been sentenced to death. July
received support from her medical expert report which convinced the Prosecution to remove
charge from her of being guilty of murdering her employer. As she was pregnant the death
penalty had been removed from her but instead of that, she had been sentenced to life
imprisonment. While the Judicial process was going on July gave birth to a beautiful baby
girl in the prison itself. Every prison visit enables my associate and I also had been watching
July's child while she growing up. I used to visit her frequently and on every visit, I used to
4 Buckner F Melton, The Law (7th edn, Chelsea House Publishers 2010).
4

interact with the baby. This process was really painful and used to warm all our hearts. We all
were aware of the fact that one day the child will be separated from her mother permanently
and she has to go through with this pain. At the same time, I was also thinking about the
family of July's employer, they were also dealing with their own tragic loss and sorrow.
There was an incident which engraved my mind permanently from my representation of July.
Like any other day, I had a prison visit and l noticed that my associate was not writing she
had stopped taking notes. She was busy doing other things like doing something with her
paper but not writing the notes. I ignored and continued taking instructions as I was unable to
figure out what she was actually doing. End of the visit was so emotional and unforgettable.
It was something that I cannot ever forget. My associate gave a gift to July’s daughter and the
gift was an origami crane which was made from her legal memo pad. The moment was very
heart-warming as one human is getting connected to the other.
Every lawyer must offer their services to those people or group of persons who are not able to
pay the whole amount or a portion of their fees5. Lawyers may also help them by providing
their service without any cost or by reducing their fees so that these poor people can also get
justice. If a lawyer cannot support this group of people directly, they may also support the
organizations that are providing legal services to them. When a lawyer is not able to provide
personal representation, he or she may discharge themselves from this responsibility but in
that case he or she must provide financial support to that organization that providing legal
representation to these people who cannot obtain counsel.
According to the Business and Professional Code, it is a duty of every lawyer to provide their
services to all kind of people. He cannot reject for any consideration personal to himself
because of the helpless and persecute6. A resolution has been adopted by the Star Bar which
5 Rachel M. A. Spencer, 'Ethics In Pro Bono Practice' [2015] SSRN Electronic Journal.
6 John Dewey, Ethics (9th end, Read Books Ltd 2016).
5

makes every lawyer provide at least 50 hours per year to those people who cannot afford a
lawyer. That is why I served my services to Peter because he was not in a position to afford
fees for a private lawyer. His family did not even own a house they were living on rent. When
he came to me for help I had no other option except helping him. According to the
professional standard of an attorney, there must not be any difference in his or her
responsibility while conducting pro bono case. In both of the cases, I had devoted my full
attention and time. I gave enough time to Peter to tell me everything from the beginning and I
can make a note of important points.
The skills and knowledge of a legal professional plays a significant role in carrying out the
cases. The lack of skills and knowledge are affecting the poor. It is being ordered that a
lawyer must not fail repeatedly or intentionally while performing legal services to the poor.
The requirements of pro bono are far than just legislation. In both the cases I was scared, both
the cases were important to me. As I am still a student it was tough for me to fight with
professional lawyers. My skills were also limited in compares to those professional lawyers
who have been in this profession for a long time. Despite these, I was fully confident and
loyal to my clients7.
The most common ethical issue was noticed by me was conflicts of interest. A lawyer must
go through with the same type of conflicts check that he or she use to do for their paying
clients and should decline presentation for the same reason.
I used legal laws and theories during my practice which assisted me to participate
successfully in the legal activities. The evidence was being collected from different sources
and represented with the application of legal laws. I carried out ethical responsibilities while
performing the legal work as per the needs of the client and law firm. I was able to develop
ideas through profession and legal rules. I was able to comply with the professional rules of
7 Kent Kauffman, Legal Ethics (7th edn, Delmar 2016).
6

conducts as well as acted as per the ethical and professional responsibilities. I learned the
product work doctrine, ethical rules, and client-attorney privilege. I asked the supervising
attorney for the written materials that would be helpful during the practice. I also avoided any
kind of unauthorized law practice. I reviewed the laws which can be applicable to a specific
area. In the training sessions, I did not hesitate to ask questions in order to ensure fairness. I
reported my pro bono services to the law firm on time, worked very hard and dressed
professionally8.
I carried out the work in a professional and ethical manner. The consideration of ethics was
very much important for me. I paid attention to preserve the client confidences and protected
client information in order to maintain confidentiality. I also acquired knowledge on current
developments in national and local business in order to determine any issues that can impose
an impact on the client and law firm. Commercial awareness is considered to be important
because it assists to meet deadlines, keep the costs low and manage the information
confidentially. The client expects that the legal professionals should have an appropriate
understanding of business operations and wider economic, political and social issues that can
affect them. I also acquired information on the weakness, strengths, threats, and opportunities
of the law firm.
I was very much attentive while using words because a change in a single word can alter the
meaning of contract or clause. I worked on my intellectual abilities in order to cope up with
the job pressures. I collected large amounts of information, absorbed figures and facts,
examined materials and practiced as per the needs of the law firm. I applied natural law
theory which depicted the relationship between society and nature. Law governs the social
relations in two ways that are the person controlling relations within the society and
8 T. I McLeod, Legal Theory (8th edn, Palgrave Macmillan 2012).
7

controlling all the human beings by not any individual9. I was able to understand the
relationship between people within the community. I also applied positive law theory which
means using rules and regulations as per the needs of the situation. I had used all the legal
principles in order to solve the issues of the client in an appropriate manner.
I participated in the process of the court hearing where I found how the court carries out their
duties. There is always a change in the laws, sections, and clauses which I also took care
during the practice. I determined and acquired information from legal research sources. It
assisted me to integrate legal theories and concepts in a logical and coherent progression. It
was also important for me to think creatively in order to achieve my goals10. Practical
experience is considered to be a significant process which assists an individual to develop
skills and knowledge. I followed the instructions provided by my seniors during the practice.
It was difficult for me to integrate theories with the practice sessions. I was able to keep my
interactions with the clients and the law firm which depicted my skills. I was able to carry out
the practice in an appropriate manner.
I used my skills while interacting with my client. I was able to enhance my skills by at the
earlier stage by taking greater responsibilities. I was able to develop legal practical skills such
as drafting letters of the legal advice and interviewing clients. Apart from this, I developed
the ability to research and recognize the legal issues of the clients, making a valuable
contribution to the local area and explored new law areas for practice. I have now links with
the legal professionals, agencies and firms. I used my communication skills to interact with
the clients. However, dealing with people from different cultural and socioeconomic
backgrounds improved my communication skills. The use of appropriate communication
skills was very much important for me because it assisted me to negotiate, take interviews
9 Kathleen Elliott Vinson, 'Problem Solved: Preparing Students For Practice Using Problem Solving To
Connect Legal Knowledge, Theory, And Skills' [2014] SSRN Electronic Journal.
10 Kathleen Elliott Vinson, 'Problem Solved: Preparing Students For Practice Using Problem Solving To Connect
Legal Knowledge, Theory, And Skills' [2014] SSRN Electronic Journal.
8

and carry out the investigation in the right direction. Keeping the communication lines clear
and open helped me to determine trustworthy information source with the clients11.
I also developed social networks with the people associated with the case. I applied my
ability to maintain and develop positive relationships with the clients as well as people within
the law firm. I consistently worked to cultivate, strengthen and nurture the relationship with
the clients. I also understood and appreciated the points of view of other individuals.
Empathetic skills also assisted me to negotiate, resolve conflicts and convince others. I also
worked in a team because it enables to gain more knowledge and skills from collaboration12.
The ability to work effectively and collaboratively with others is considered to be significant
for achieving success within the law firm13. I worked with my colleagues as well as people
associated with the case. In the legal profession, it is being determined that an individual
should have the ability to deal with the clients politely and effectively in order to achieve
success. Developing and maintaining legal skills is considered to be the main part of
professional development.
I established a personal connection, perspective, and empathy for understating and engaging
the clients. I applied my intelligence to organize and manage the case in an efficient manner.
The achievement of satisfaction level is considered to be a very challenging task. Thus, I used
my knowledge, understanding, and skills for ensuring satisfaction among the clients. I had
also applied my rhetoric and writing skills while drafting email and writing negotiated
contract or agreement14. Thus, rhetoric and writing skills both out of and in the courtroom
need to be applied while dealing with agreements/contracts and clients. I was very much
11 Francesca Bartlett and Monica Taylor, 'Pro Bono Lawyering: Personal Motives And Institutionalised
Practice' (2016) 19 Legal Ethics.
12 Claire Eastwood, 'Pro Bono: What's In It For Law Students?' (2016) 23 International Journal of Clinical
Legal Education.
13 John Cary, The Power Of Pro Bono (6th edn, Metropolis Books 2010).
14 Ross Hyams, Susan Campbell and Adrian Evans, Practical Legal Skills (9th edn, Oxford University Press
2014).
9

focused on my work because there were many tasks that I need to carry out. I also used my
technical skills in order to decrease the cost of output and time. I used technology for drafting
agreements, understanding legal laws, and communication.
I have enhanced my professional legal skills such as advocacy, drafting, interviewing client
etc. I also used my leadership skills in order to direct people and manage situations. I also
used problem-solving skills in order to solve issues that arose during my work. I also used
learning methods for gaining knowledge and skills. I was being able to convey the necessary
information in a clear and logical manner. I used listening skills to listen to clients and
colleagues. I served the clients responsibly and honestly during the process of my practice. I
applied my logical reasoning and legal analytical skills to review complex documents,
establish connections with the legal authorities, develop logical thinking, structuring and
examining arguments and reaching to the conclusion15. I used time management skills in
order to ensure that the process is being carried out within time. I also faced challenges which
were being solved with the application of appropriate skills and knowledge.
Conclusion
I have carried out my pro bono practice with the law firm in an appropriate manner. It was a
great experience which assisted me to enhance my legal knowledge and skills. I can apply
this experience to achieving success in my career. I assisted my clients in overcoming their
issues in an appropriate manner. I have built confidence that whenever I carry out my cases
then what steps I need to take. I had acquired information on the legal rules and regulations
which was being applied to the situations. I also followed ethical rules and regulations in
order to avoid any kind of issue. I used my skills during practice. The legal practices have
imposed a positive impact on my career. I used my communication skills to understand each
15 Alison Pope, 'Integrating Legal Research Skills Into The Curriculum And Into Life' (2009) 9 Legal
Information Management.
10

and every aspect of the cases. I also used my intelligence to solve the issues and avoided any
kind of conflict that may arise. I acquired knowledge of legal principles and clauses during
the process. I was able to see how a case is to be presented and how the proceedings are
carried within the court. The judge of the court took the decisions on the basis of the facts and
evidence. However, I was able to gain legal skills and knowledge in an appropriate manner.
11

References
Bartlett FM Taylor, 'Pro Bono Lawyering: Personal Motives And Institutionalised Practice'
(2016) 19 Legal Ethics
Cary J, The Power Of Pro Bono (6th edn, Metropolis Books 2010)
Dewey J, Ethics (9th edn, Read Books Ltd 2016)
Domingo R, The New Global Law (10th edn, Cambridge University Press 2011)
Eastwood C, 'Pro Bono: What’S In It For Law Students?' (2016) 23 International Journal of
Clinical Legal Education
Evans M, International Law (12th edn, Oxford University Press 2018)
Hyams R, S CampbellA Evans, Practical Legal Skills (9th edn, Oxford University Press
2014)
Kauffman K, Legal Ethics (7th edn, Delmar 2016)
Kirton J Madunic, Global Law (8th edn, Ashgate 2009)
McLeod T, Legal Theory (8th edn, Palgrave Macmillan 2012)
Melton B, The Law (7th edn, Chelsea House Publishers 2010)
Pope A, 'Integrating Legal Research Skills Into The Curriculum And Into Life' (2009) 9
Legal Information Management
Sims V, 'Legal Education & Practice – Pro Bono At The Bar' (2012) 1998 Amicus Curiae
Spencer R, 'Ethics In Pro Bono Practice' [2015] SSRN Electronic Journal
Vinson K, 'Problem Solved: Preparing Students For Practice Using Problem Solving To
Connect Legal Knowledge, Theory, And Skills' [2014] SSRN Electronic Journal
12