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Pro Bono Opportunities 2008 A Survey of Pro Bono Practices and Opportunities in Selected Jurisdictions November 2008 Pro Bono Practices and Opportunities Prepared by Latham & Watkins LLP for the Pro Bono Institute © Copyright 2008. All Rights Reserved. Contents EUROPE...................................................................................................................................... 5 Pro Bono Practices and Opportunities in Austria......................................................................... 5 Pro Bono Practices and Opportunities in Belgium....................................................................... 8 Pro Bono Practices and Opportunities in the Czech Republic ................................................... 13 Pro Bono Practices and Opportunities in Denmark.................................................................... 21 Pro Bono Practices and Opportunities in England & Wales ...................................................... 24 Pro Bono Practices and Opportunities in Finland....................................................................... 31 Pro Bono Practices and Opportunities in France....................................................................... 36 Pro Bono Practices and Opportunities in Germany.................................................................... 42 Pro Bono Practice and Opportunities in Hungary ...................................................................... 47 Pro Bono Practices And Opportunities In The Republic Of Ireland .......................................... 50 Pro Bono Practices and Opportunities in Northern Ireland........................................................ 55 Pro Bono Practices and Opportunities in Italy ........................................................................... 61 Pro Bono Practices and Opportunities in Liechtenstein ............................................................. 65 Pro Bono Practices and Opportunities in Luxembourg .............................................................. 68 Pro Bono Practices and Opportunities in the Netherlands.......................................................... 72 1 Pro Bono Practices and Opportunities in Poland........................................................................ 76 Pro Bono Practices and Opportunities in Romania .................................................................... 84 Pro Bono Practices and Opportunities in the Russian Federation .............................................. 94 Pro Bono Practices and Opportunities in Scotland................................................................... 100 Pro Bono Practices and Opportunities in Spain........................................................................ 103 Pro Bono Practices and Opportunities in Sweden .................................................................... 107 Pro Bono Practices and Opportunities in Turkey ..................................................................... 112 AFRICA................................................................................................................................... 119 Pro Bono Practices and Opportunities in Kenya ...................................................................... 119 Pro Bono Practices and Opportunities in Nigeria..................................................................... 123 Pro Bono Practices and Opportunities in South Africa ............................................................ 131 AMERICAS............................................................................................................................. 136 Pro Bono Practices and Opportunities in Argentina................................................................. 136 Pro Bono Practices and Opportunities In Brazil....................................................................... 142 Pro Bono Practices and Opportunities in Chile ........................................................................ 146 Pro Bono Practices and Opportunities in Columbia................................................................. 151 Pro Bono Practices and Opportunities in Mexico..................................................................... 157 2 ASIA & PACIFIC REGION.................................................................................................. 162 Pro Bono Practices and Opportunities in Australia .................................................................. 162 Pro Bono Practices and Opportunities in China ....................................................................... 168 Pro Bono Practices and Opportunities in Hong Kong.............................................................. 174 Pro bono Practices and Opportunities in India......................................................................... 180 Pro Bono Practices and Opportunities in Japan........................................................................ 186 Pro Bono Practices and Opportunities in New Zealand ........................................................... 191 Pro Bono Practices and Opportunities in Philippines............................................................... 196 Pro Bono Practices and Opportunities in Taiwan, R.O.C......................................................... 203 MIDDLE EAST....................................................................................................................... 209 Pro Bono Practices and Opportunities in Israel........................................................................ 209 Pro Bono Practices and Opportunities in Jordan ...................................................................... 216 Pro Bono Practices and Opportunities in the United Arab Emirates........................................ 222 Pro Bono Practices and Opportunities in International Law .................................................... 226 3 Foreword This survey of pro bono practices and opportunities in various jurisdictions goes back to an initiative of the Pro Bono Institute and Latham & Watkins in 2005 to make information about global pro bono accessible. Pro bono refers to the legal representation of the indigent, of organizations dedicated to relieving the plight of the indigent, as well as the representation of human-rights, civil-liberties, civic, and charitable organizations. The survey is part of an ongoing effort, shared by many law firms, organizations, and corporate legal departments, to promote and stimulate the growth of pro bono representations globally and in international settings. Its purpose is to describe, for each jurisdiction, what access-to-justice or publicly-funded legal-aid programs exist, what unmet needs for legal representation remain, what perceptions or culture shape the discussion of pro bono, and what professional-conduct laws and rules provide the framework for pro bono representation. In 2005, the survey started with 11 jurisdictions, mostly in Europe. It now includes 41 jurisdictions in Europe, Asia and the Pacific region, the Americas, Africa, and the Middle East. As the interest in global pro bono has grown, and this survey with it, the conversation about global and international pro bono has shifted: two or three years ago the focus was on issues of permissibility and compatibility with the local legal system. Today the focus is practical: pro bono has gained in acceptance and the question is how, not whether, pro bono representations can be undertaken. The developments have been genuinely exciting. This survey is a work in progress. We will continue to update the existing chapters and to add new jurisdictions. In South America, in particular, we intend to add new surveys in the coming months. While we have worked, to extent possible, with local counsel and NGOs to provide information that is both current and accurate, we realize that errors and omissions are unavoidable. In this sense also the survey is a work in progress. Please send us your feedback and comments to help us improve future versions. We owe a debt of gratitude to Esther Lardent and Tammy Taylor of the Pro Bono Institute, with whom we have collaborated on this project. The survey is the effort of a large team, involving not only many lawyers at Latham & Watkins, but also local counsel, in-house lawyers, and NGOs around the globe. We are grateful for their contributions and their time. It is our hope that this survey will encourage lawyers everywhere, both in law firms and legal departments, to become active in pro bono representations to address the unmet legal needs of those with limited means. Manfred Gabriel [email protected] November 2008 4 PRO BONO PRACTICES AND OPPORTUNITIES IN AUSTRIA This chapter describes the law governing the provision of legal services, the practice and culture of pro bono, as well as pro bono opportunities for international law firms in Austria. I. Legal Services and the Legal Profession in Austria In Austria, the compensation of lawyers is regulated by a set of federal laws and professional rules issued by the Austrian Bars.1 Pursuant to these laws and rules, Austrian lawyers are, in principle, free to agree on their fees, including the type of fee, the amount of fee and how it is to be paid.2 In the legal practice, Austrian lawyers charge their clients hourly rates rather than, for instance, flat rates. Contingency fees are prohibited, however, Austrian lawyers may agree on a premium for successful services.3 If there is no agreement on the fees between the lawyer and the client, the statutory fee schedules
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