AUSTRALIA’S STATEMENT OF PRINCIPLES

FOR INTERNATIONAL PRO BONO LEGAL WORK

This Statement of Principles has been developed by the Attorney-General’s International Pro Bono Advisory Group to inform and assist in the practical delivery of International Pro Bono Legal Work. The Advisory Group is a consultative forum to develop opportunities and partnerships for effective delivery of International Pro Bono Legal Work and to promote and support International Pro Bono Legal Work.

Pro Bono Legal Work is seen by the Advisory Group as an important part of the professional responsibility of legal practitioners at all stages of their career. Australian legal practitioners and other members of the legal community are encouraged where possible to undertake International Pro Bono Legal Work as part of this professional responsibility.

A. What is International Pro Bono Legal Work?

A1International Pro Bono Legal Work is pro bono legal work focussed outside of Australia, and in response to both need and disadvantage within a recipient country. It may include the provision of direct legal advice and representation, assistance with law reform or other systemic legal issues, legal training and education, and judicial assistance. The provision of International Pro Bono Legal Work by the legal community can contribute positively to access to justice.

B. Why is International Pro Bono Legal Work undertaken?

B1International Pro Bono Legal Work is undertaken in developing countries in order to:

  1. improve access to justice
  2. build capacity and capability in legal systems
  3. contribute to the administration of justice
  4. help identify and meet legal need
  5. contribute to good governance and democracy
  6. assist not-for-profit organisations working to improve standards of living, and/or
  7. promote knowledge of the rule of law and human rights.

C. Who may undertake International Pro Bono Legal Work?

C1International Pro Bono Legal Work may be undertaken by legal practitioners, the judiciary, legal academics, law students, legal and judicial support staff, legal policy officers and others with relevant skills and experience.Only qualified legal practitioners may engage in legal work that constitutes legal practice.

C2Providers of International Pro Bono Legal Work should ensure recipients of that work are fully informed about the provider's qualifications, expertise and all other relevant matters.

C3International Pro Bono Legal Work should be undertaken by people with appropriate legal expertise and should be supervisedadequately as appropriate. Subject to the professional standards required in a foreign jurisdiction, work should be done in accordance with the standards ordinarily expected of a person acting in that capacity in Australia.

C4The practice of foreign law in a foreign jurisdiction may be subject to that foreign jurisdiction's regulatory regime. Legal practitioners who provide direct legal advice or representation during the course of International Pro Bono Legal Workmust ensure they observe local requirements and do not exceed the scope of their practising entitlements. Where necessary, this may include coverage by a policy of professional indemnity insurance which complies with local requirements.

C5If a person is uncertain about the requirements for work in a foreign jurisdiction, or their capacity to provide or continue to provide International Pro Bono Legal Work, the person should seek advice from an appropriate pro bono organisation, senior colleague, Bar Association, Law Society or the Law Council of Australia.

D. How should International Pro Bono Legal Work be undertaken?

D1 Generally International Pro Bono Legal Work should be undertaken in accordance with the following principles:

  1. projects should be viable and their outcomes should be long term and sustainable
  2. work should be undertaken with partners in the recipient countries that are committed to the work or project
  3. legal skills should be matched properly to the legal need
  4. work should be conducted in a culturally appropriate way
  5. work should be respectful of human rights, and
  6. work should empower legal system development and/or enhance the capacity of specific functions or agencies within the recipient countries.

D2International Pro Bono Legal Work should be completed to a high standard and within a reasonable time. Once taken on, International Pro Bono Legal Work should be given the same priority, attention and care as would apply if the work was undertaken other than on a pro bonobasis.

D3Prior to undertaking any International Pro Bono Legal Work information should be provided on the terms on which the work is undertaken, including:

  1. a full and clear description of the work/project to be undertaken
  2. the basis upon which the work will be provided
  3. the time within which the work will be done, and
  4. identification of any other circumstances relevant to the relationship, including when the relationship may be terminated.

D4Project-based International Pro Bono Legal Work should be evaluated to assess:

a.its effectiveness in meeting the goals of the project

b.its effectiveness in building capacity in recipient countries or organisations

c.whether or not resources were used efficiently, and

d.how lessons learnt in the project could be applied in future projects.

E. Particular considerations in International Pro Bono Legal Work

E1 The successful targeting and delivery of International Pro Bono Legal Work will usually require a partnership with local agencies in the recipient country. Examples of local partners include the judiciary, lawyers, pro bono organisations, government, professional bodies or not-for-profit agenciesthat are familiar with in-country legal issues.

E2 The successful targeting and delivery of International Pro Bono Legal Work will usually require study, awareness and understanding of the local context and environment as it relates to the legal issue identified in the recipient country, the assistance requested, the consequences of providing assistance, the local legal system and that system’s relationship with the country’s government.

E3 In the interests of the efficient use of the limited resources available, the following factors should be considered when determining whether and how to undertake International Pro Bono Legal Work:

  1. work already undertaken in the country and similar projects in the region, so as to avoid duplication and to draw on the knowledge and experience of people who have undertaken similar pro bono work
  2. the opportunity to involve others in undertaking the work required
  3. the desirability of developing suitable links with the government and/or other relevant organisations of the relevant overseas countries
  4. the sustainability and practicality of the work requested, and the need for any ongoing coordinated assistance,
  5. the safety and security of those undertaking the work, and
  6. whether insurance is required/appropriate (both for any personal risks, and for legal risk in respect of the work undertaken), and whether arrangements for insurance are adequate.

E4 Wherever practical and appropriate, information and experience gained from undertaking International Pro Bono Legal Work should be shared with others engaged in related work, including relevant coordinating organisations and the organisations and communities in which the International Pro Bono Legal Work was undertaken, and the Attorney-General’s International Pro Bono Advisory Group.

E5It is recognised that, although Australian legal practitioners and other members of the legal community may be able to contribute their legal skills,International Pro Bono Legal Work may not be able to be delivered without support, as appropriate, from government and other third parties in relation to insurance, transport or accommodation costs, safety and security.

F. Support and training

F1 Practical support such as access to training, mentoring,secondments, project management expertise, and information resources can make an important contribution to International Pro Bono Legal Work. Such practical support should, where possible, be shared and co-ordinated(including with the recipient country).

F2Where necessary, participants in International Pro Bono Legal Work should have access to counselling, debriefing and other practical support, upon their return to Australia.

G. Encouragement and commitment

G1Law firms, barristers’ chambers, and legal departments should, wherever possible, seek to encourage and support the undertaking of appropriate International Pro Bono Legal Work by their lawyers, members and staff, including by providing practical support to them when they undertakethis work.

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