"Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

Pro BonoPro Bono: service for nothing and experience for free!: service for nothing and experience for free!
Presented by Bruno Barata MagalhaesPresented by Bruno Barata Magalhaes
brunobarata@cmtadv.com.brbrunobarata@cmtadv.com.br
International Bar AssociationInternational Bar Association
Young Lawyers Committee &Young Lawyers Committee & Pro BonoPro Bono and Access to Justice Committeeand Access to Justice Committee
Annual Conference - VancouverAnnual Conference - Vancouver
5th October 20105th October 2010
The Brazilian ReportThe Brazilian Report

““... Ask not what your... Ask not what your
country can do for you - askcountry can do for you - ask
what you can do for yourwhat you can do for your
country”.country”.
U.S. President JohnU.S. President John
F. KennedyF. Kennedy
Inaugural addressInaugural address
– 20th January 1961– 20th January 1961

That is whatThat is what Pro BonoPro Bono work is all about!work is all about!

1. Definition:1. Definition:
 Latin expression: “for the public good”.Latin expression: “for the public good”.
 ““Being, involving, or doing professional and especially legal workBeing, involving, or doing professional and especially legal work
donated especially for the public good”.donated especially for the public good”.
 Pro BonoPro Bono is not regulated by the Brazilian Bar Association or by anyis not regulated by the Brazilian Bar Association or by any
law. The only law that mentions a kind of volunteer work is thelaw. The only law that mentions a kind of volunteer work is the
Federal Law 9.608/98, which regulates the volunteering;Federal Law 9.608/98, which regulates the volunteering;

1. Definition:1. Definition:
Pro BonoPro Bono x Volunteeringx Volunteering
In a global definition,In a global definition, Pro BonoPro Bono work differs fromwork differs from
volunteering because, in the first one, the personvolunteering because, in the first one, the person
contributes, without pay,contributes, without pay, with his professional activitywith his professional activity..

2.2. Pro BonoPro Bono and the Lawyers:and the Lawyers:
Pro bonoPro bono brings three primary benefitsbrings three primary benefits::
1)1) Assisting people in need (essence ofAssisting people in need (essence of pro bonopro bono););
2) Becoming known in the legal community;2) Becoming known in the legal community;
3) Making a network of contacts.3) Making a network of contacts.

Ways of makingWays of making pro bonopro bono::
1) Public entities;1) Public entities;
2) Individual pro bono;2) Individual pro bono;
3) Law firm;3) Law firm;
4) Associations.4) Associations.

Pro BonoPro Bono and the weband the web::
1) Email;1) Email;
2) Skype;2) Skype;
3) Website;3) Website;
4) YouTube;4) YouTube;
5) Social networks.5) Social networks.

3. Pro Bono in Brazil
 It is an activity still growing;It is an activity still growing;
 The branch of the state of Sao Paulo, of the Brazilian BarThe branch of the state of Sao Paulo, of the Brazilian Bar
Association, is the first branch in Brazil that developedAssociation, is the first branch in Brazil that developed
rules forrules for pro bonopro bono and law firms;and law firms;
 It is a requirement for promotion and bonus in a fewIt is a requirement for promotion and bonus in a few
number of law firms;number of law firms;

3.1. Brazilian Report3.1. Brazilian Report
Rio de Janeiro State Court of JusticeRio de Janeiro State Court of Justice
 The Rio de Janeiro State Court of Justice develops an
interesting work with the poor communities;
 Judges, prosecutors and public defenders take the Court to
the communities: “itinerant justice programme”;
 In small courts held in buses and tents in the communities,
several cases are initiated and resolved;

““Itinerant Justice” ProgrammeItinerant Justice” Programme

 Other work of the Court is the “Justice Citizen”“Justice Citizen”
Programme;Programme;
 Judges, prosecutors, public defenders and lawyers makeJudges, prosecutors, public defenders and lawyers make
presentations to the community about justice andpresentations to the community about justice and
citizenship;citizenship;
 Each presentation has a specific theme and specialists inEach presentation has a specific theme and specialists in
each area are invited to present their visions about theeach area are invited to present their visions about the
subject;subject;

““Justice Citizen” ProgrammeJustice Citizen” Programme

Brazilian Young Lawyers AssociationBrazilian Young Lawyers Association
 The Brazilian Young Lawyers Association developed theThe Brazilian Young Lawyers Association developed the
programme “programme “Access to Justice in the Poor Communities”;Access to Justice in the Poor Communities”;
 The members of the association provide free legalThe members of the association provide free legal
assistance to the poor communities in a law firm buildassistance to the poor communities in a law firm build
inside it;inside it;
 The service is not limited to preventive assistance. ThereThe service is not limited to preventive assistance. There
are also cases of litigation;are also cases of litigation;

Brazilian Young Lawyers Association programmeBrazilian Young Lawyers Association programme
Access to Justice in the Poor Communities:Access to Justice in the Poor Communities:

Social Responsibility WeekSocial Responsibility Week
 The second largest work of the Brazilian Young LawyersThe second largest work of the Brazilian Young Lawyers
Association programme was the social responsibility week,Association programme was the social responsibility week,
promoted from 21 to 23 of September;promoted from 21 to 23 of September;
 In a public square, the members of the associationIn a public square, the members of the association
provided free legal assistance to the public;provided free legal assistance to the public;

Social Responsibility Week

4. Conclusion4. Conclusion
 Pro bono can not be a right or an option. It must be a
lawyer duty;
 Lawyers have the duty to give back to society the technical
education they had;
 Pro bono work brings several bonuses for the lawyer.
Helping those in need is priceless, as well as contacts that
can be made. In that way, we can say that pro bono is…

““Injustice anywhere is a threat toInjustice anywhere is a threat to
justice everywhere”.justice everywhere”.
Martin Luther King
Letter from Birmingham Jail, April 16, 1963.

Thank you for your time!
brunobarata@cmtadv.com.br
bruno@abja.com.br
www.cmtadv.com.br
www.abja.com.br

"Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

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"Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)