The term pro bono originates from the Latin phrase “for the common good,” and this choice of expression is intentional. It is widely understood that lawyers typically work for financial compensation, along with other contractual benefits. However, this is not the case in pro bono legal work.
What exactly is pro bono advocacy?
In essence, promoting pro bono involves offering legal services at no cost to help individuals or organizations in need without requiring payment to cover lawyer fees.
If this appears unfamiliar or challenging to you, understand that major corporations often choose non-profit organizations, NGOs, and environmentally conscious companies to assist them with their legal matters.
The act of providing pro bono services is viewed as a form of social responsibility that allows lawyers to not only contribute to the improvement of the justice system but also to develop their skills and broaden their professional connections.
The start of pro bono advocacy in Brazil
The initial instance of providing pro bono advocacy for historical awareness in Brazil was by the abolitionist attorney Luís Gama. He publicly offered his legal services in newspapers at no charge to support cases related to freeing slaves. As a result, Gama successfully liberated between 500 and 1000 slaves during the latter part of the 19th century.
After Ruy Barbosa’s passing, his legal services and advocacy for civil liberties in Brazil were continued in his honor.
The provision of free legal assistance is different from providing pro bono legal representation.
Legal aid is offered as a basic entitlement according to Article 5 of the Federal Constitution.
The right to legal representation is guaranteed by the law as a service that must be provided by the state, whether through a public defender or a appointed lawyer, to offer tailored assistance.
In free legal aid, the public defender is a paid professional, while the lawyer is appointed by the Judiciary and paid by public authorities to carry out the assigned tasks when a defender is not available.
Paraphrased text: Pro bono advocacy involves private lawyers offering free legal services on a voluntary basis to individuals or non-profit organizations who cannot afford to pay for legal representation.
In this situation, the professional will not receive payment for the services they offer. Their work is done on a voluntary basis and is often driven by ideological motivations.
Regulation of providing legal services for free.
The provision of assistance for the benefit of the community is governed by the OAB Code of Ethics and Discipline and is defined in paragraph 1 of Article 30 as follows:
It can be inferred that the non-profit organization is assumed to engage in pro bono advocacy.
Additionally, the code specifies that this practice is not allowed to be utilized for political, partisan, or electoral purposes, or to benefit institutions focused on these objectives.
In the same way, the OAB also prohibits using pro bono assistance as a way to advertise and attract clients. This rule is in place to protect the integrity of the legal profession and prevent it from being influenced by hidden or obvious financial motives.
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