Question

should attorneys be required or forced to do “pro bono” cases by the courts?

Answer 1

‘Pro Bono’, cases or those legal roadblocks which the low income strata of the society face and which are taken up by the attorneys at practically no remuneration, is a a very delicate situation for both the person who files the case as well as the person who takes up to ‘argue’ the case on the former’s behalf, primarily because it is a purely non-remunerative job and yet requires the attorney to put forth the same skill and show the same interest as he/she would do had it been a normal remunerative case.

Whether the attorneys are forced to do or required to do ‘Pro Bono’ cases depends upon the law of the country in question and varies from one country to another , though it hugely depends upon the type of economy—if it is a command economy then by the rule or order of the command the attorneys may have to undertake to do a certain amount of ‘Pro Bono’ cases primarily since social welfare is the motive and the state is primarily the supreme commander of all resources-though not in the absolute sense yet in the relative sense, social justice is given prominence.

On the other hand in capitalist economies—though not purely in the capitalist sense yet by way of general governance—also insist that attorneys must undertake voluntary and non-remunerative legal service at least for a certain time period. This in effect creates a sense of social responsibility and consciousness among the citizens and is an attempt by the governments to reduce social inequalities and create the awareness about realising the objective of ‘social justice’.

In case the rule of the law is passive and gives greater choice in the matter of ‘Pro Bono’ cases to the attorney, then it is most likely that the attorneys may clearly discriminate between such cases that are to be fought for the sake of the have nots( the poor) and the haves( the rich).

It may further lead to increase in inequalities , adding woes to the existing income and wealth inequalities.The poor might not be able to have access to the legal system and there could arise economic and social disturbances.

Sometimes even companies, especially large firms , undertake to sponsor those attorneys who want to do Pro Bono cases as a part of corporate social responsibility. This has given rise to a number of voluntary and not for profit organisations which seek to provide legal advice and relief to the under privileged on a voluntary basis.