Pro bono costs in the advice sector

Grant: £35,195
July 16, 2015

A pilot scheme is proposed whereby:

1. A number of agencies will would be asked to join a pilot scheme whereby they would be funded to take on additional case work which would be suitable for requesting pro bono costs if successful. It is anticipated that this would comprise caseworkers working alongside pro bono lawyers wherever possible to reduce the costs to the agency. After the initial funding outlay it is hoped that the pro bono costs received would enable the agencies to continue with further casework. The agencies listed below have expressed interest in the pilot. The agencies will be selected on a basis to ensure a range of geographical areas, areas of law and types of agency.
2. Encouragement by the ATJ Foundation for pro bono clinics and organisations using pro bono lawyers to introduce time recording for their pro bono lawyers, ideally in the form of a “Pro Bono Passport”. This would also enable litigants to record their own “litigant in person expenses”.
3. Alongside this all advice agencies, including Citizens Advice Bureaux and Law Centres, will receive publicity regarding pro bono costs, their applicability and the fact that the agency can expect to receive up to 50% of orders obtained by them if they register for the scheme. Agencies across the country would be encouraged to:
• Request pro bono costs wherever possible, bearing in mind that they can request pro bono costs alongside both ordinary costs and litigant in person expenses.
• Ask litigants in person who have received one off pieces of pro bono assistance (whether from a qualified caseworker of pro bono lawyer) to request pro bono costs if their case gets to court.
• In the event pro bono costs orders are made, request (to the Foundation) that the costs obtained are donated to the agency to enable them to continue the casework.

Publicity would be in the form of workshops at conferences, DVDs and printed materials.

Aims

1. Ensure advice agencies understand pro bono costs and in particular the circumstances in which they are available.
2. Encourage better recording of the pro bono work undertaken within advice agencies in order for pro bono costs to be claimed wherever appropriate.
3. Ensure pro bono costs are obtained by the advice agencies wherever appropriate by ensuring they see the benefits of obtaining pro bono costs.
4. Encourage and enable more pro bono work to be carried out at advice agencies, both by internal caseworkers and external pro bono lawyers.