The role for pro bono

In an economic climate where many corporate organisations are tightening their belts, the idea that working for free could be a contributory factor to a law firm’s success appears obtuse. However, having a strong corporate social responsibility policy is perhaps of more importance than ever.

I strongly believe that if pro bono work being offered by law firms ceases in times of economic downturn, as appears to be happening in the USA, this could be a regressive step for the profession. In contrast, a progressive firm can benefit hugely from having an effective corporate social responsibility strategy.

This year Harper Macleod celebrates the fifth anniversary of its partnership with the National Autistic Society’s Education Rights Service. Since 2006 the service has provided free help, support and information to over 1,200 individual families affected by autism who wish to challenge the provision made by a local authority for their child's educational needs. Parents with a child or children with autism often strive to access the educational rights that many take for granted, and can struggle with the complexity of the law and the demands of family life. Through the partnership, Harper Macleod prepares cases referred by NAS, and we provide representation at Additional Support Needs Tribunals, education and education appeal hearings in cases where parents feel unable to represent themselves or where the complexities of a specific case dictate the need for input from legal advisers.

We have recently extended the scope of the pro bono work we carry out for NAS in assisting their Welfare Rights Service in preparing cases for, and providing representation at, benefit appeal tribunals to ensure that those who deserve financial help have access to the benefits they are entitled to.

Working with the National Autistic Society Scotland is proving to be an invaluable experience. We are honoured to support and work with families affected by autism, who show great bravery and fortitude under trying circumstances. Over the years we have learned together how to make a real success of our pro bono partnership. Based on our experience, I would encourage law firms to boost their pro bono offering. If you are interested in pro bono work, having a real passion and interest in the work you do is crucial and will give you much greater reward than simply donating money to charity. Providing a service which cannot readily be accessed by those to whom the assistance is given is invaluable.

Practical planning

When NAS Scotland approached Harper Macleod back in 2006, their proposition regarding forming the partnership sounded like a strong fit with the ethos of our firm. At that time, the much needed and welcomed Education (Additional Support for Learning) (Scotland) Act 2004 had recently come into force and the Additional Support Needs Tribunal system was in its infancy. There was a considerable amount of planning and training required in setting up the partnership to ensure that all involved in it were able to deliver sound legal advice, whilst also having empathy for the parents who are, understandably, very emotionally involved in their child’s case.

A crucial consideration was how much time we could practically devote to the Education Rights Service. We had to strike the right balance between paid and pro bono work. We knew that sometimes a case would come to us when all communication between parents and their child’s school had broken down. There would be a lot of work involved. We understood that whilst the tribunal system would be effective, the presenting of cases before it would be a challenge and it would take some time for precedents to be set in relation to decisions delivered by the tribunal and in cases where appeals to the Court of Sessions were made. We were aware that timescales would be tight, detailed research would require to be carried out, lengthy case statements prepared, documents compiled and witnesses prepared.

We could see that, as a result of these challenges, input and assistance would be required from others. It was agreed that NAS Scotland’s Appeals and Tribunal Service volunteers, trained by Harper Macleod, would provide telephone advice and information for parents and, as the case progressed, we would help with research and preparation. The volunteers have been invaluable in acting as a client filter and in assisting with case preparation. Their support has ensured that the partnership works effectively and meaningfully.

Emotional cases

Pro bono work of this type requires by its very nature that the lawyers dealing with the cases are able to absorb a range of client emotions and diplomatically manage expectations. You can be working with clients desperate for legal support but without the means to access it and who feel “up against it”. Often the parents feel battle-weary and really appreciate having some of the burden of trying to see their child’s very individual needs met, lifted from them.

Due to the nature of autism, many professionals have limited knowledge of the condition and of the type and range of difficulties that children with an autistic spectrum disorder might have. It is believed that this is one reason why school exclusions of children with autism are disproportionately high. About one third of education tribunals involve children with autism, even though those with the condition make up only around 9% of the school population.

I strongly believe it is imperative to really want to achieve a good result for people who are struggling, but at the same time it is necessary to not become too emotionally involved, in order to take an objective view of the case and play devil’s advocate when necessary. Often parents, understandably, are looking for fully rounded support for their child in a mainstream school setting; however, sometimes, depending on the case being presented by the local authority, you must say things to parents that they don’t necessarily want to hear, as it is imperative that all possible arguments are explored.

Give back to society

For the lawyers involved, and for the firm as a whole, there is a genuine belief that it is imperative to give something back to our surrounding communities, particularly in difficult economic times. Although the work can be challenging, we all agree that nothing comes close to the fantastic feeling of achieving a good result for a particular family. We secured a very satisfactory result in the first case that was referred to us which led to a tribunal hearing. The parents had been struggling for years to ensure that their child could access the support he required to meet his very individual needs and to allow him to have the most fitting and meaningful education. The child in this case now has a place at a residential autism-specific school and is thriving. It’s very satisfying to do work that has the potential to change lives for the better.

I believe the time and the economic climate are right for a new, more effective approach to pro bono to take hold in Scotland. Most lawyers are motivated to enter the profession by a desire to help people. Select a cause that really excites your passion, do your background research thoroughly, and there is no doubt that all will reap the benefits of pro bono work.