Why lawyers are offering free advice

To many people outside the legal profession the idea of doing what you're good at for free could be seen as alien. But a decision this week by Dubai International Financial Centre Courts to launch a pro bono programme has met with support from the emirate's law firms. Confident that the move will not affect their bottom line, companies will queue to register their lawyers for the work, partners told Emirates Business . Pro bono is from the Latin pro bono publico, meaning 'for the pubic good'. Jonathan Davidson, Managing Partner at MAC Davidson & Associates, said the pro bono programme had been championed by Mark Beer, registrar at DIFC Courts. "From a commercial law firm perspective, pro bono is a necessary component because law firms can give back to the community in a way that they couldn't alternately do," said Davidson. "It will not affect our business. I'm very happy for one or two members of my staff to dedicate time to pro bono work. "In large respects we already undertake pro bono work because we give advice and charge only if they want to take on the case. "Pro bono gives people accessibility to justice, which is a fantastic step. In other jurisdictions it has been in existence for a long time and it's here now." The pro bono programme is expected to go live a few weeks after a August 21 deadline the court has given legal firms for consultation and comment on its guidelines. The DIFC Courts' aim is to give legal representation to litigants that are in need of it, but cannot afford it. The pro bono programme is a first for the region and its services will range from basic advice to full case management and representation in proceedings. People will, however, have to meet eligibility criteria set by DIFC Courts. At Afridi & Angell, Partner Stuart Walker said, "We are active users of the DIFC Courts and welcome this development [of pro bono work]. "The firm has provided pro bono assistance to individuals in the UAE for many years and we look forward to being a part of this initiative. "This is an opportunity for participating law firms in Dubai to perhaps generate some additional goodwill. It is unlikely to have any material impact of the business of the law firms in Dubai. The pro bono programme is designed for individuals who could not otherwise afford a lawyer, so the programme is not expect to erode the existing client base of law firms in Dubai." DIFC Courts' guidelines state that a pro bono litigant must certify that he cannot afford a lawyer and he will notify the volunteer practitioner and the 'programme leader' if at any time during the representation his financial position changes such that he would be able to retain a lawyer. Once eligible, individuals will be assigned a legal representative, selected from a register of volunteer lawyers, and offered free legal assistance for the duration of their case. Guidelines released by the court suggested the creation of a register to track the number and types of pro bono litigant referrals and to monitor case progress with registered practitioners. A programme leader chosen by the Chief Justice of DIFC Courts will be expected to review the list of volunteer practitioners to determine availability and interest prior to referring a litigant to a practitioner. When a volunteer practitioner takes on a pro bono engagement, both the practitioner and the pro bono litigant will sign a Letter of Engagement, which outlines the scope of the pro bono engagement. Each engagement will be clearly defined in terms of type of service and time commitment and only encompasses the Court of First Instance proceedings. If the pro bono litigant and the volunteer practitioner agree to continue the representation in an appeal or additional claim, a new Letter of Engagement will have to be submitted to the programme leader. A pro bono litigant will also be allowed to apply to have court fees waived but if he is successful in his action and is awarded costs in his favour the fees become payable to the DIFC Courts by the unsuccessful Defendant. Though unavailable for comment, Amna Al Owais, Deputy Registrar of the DIFC Courts, said in a statement, "The DIFC Courts' pro bono programme and the supporting guidelines published for consultation are integral to our mission of providing timely, fair, clear and accessible justice. This new initiative will ensure that all parties are on equal footing in proceedings before the court." About DIFC Courts The DIFC Courts is an independent court system set up to uphold the provisions of DIFC laws and regulations. They provide the protection of an English language common law court system with an internationally renowned bench of judges versed in commercial disputes, to ensure transparent and efficient justice in civil and commercial matters in or relating to the Centre. Designed to deal specifically with the sophisticated transactions conducted within the DIFC, the DIFC Courts provide legal redress in civil and commercial matters.