Pro Bono Legal Services and Legal Aid

A revised draft of the Draft Government Regulation on the Conditions and Procedures for the Provision of Pro Bono Legal Services (or legal aid provided by advocates) is currently with the Cabinet Secretary. It is unclear whether this Draft will be enacted in its present form which contains some significant revisions from the earlier draft (see ILB of 6 August 2004) however it is expected that additional revisions are possible.

The Draft, once enacted, will facilitate the implementation of Article 22 of Law No. 18 of 2003 on Advocates (the “Advocates Law”). The major revisions of the Draft affect Articles 1, 3, 4, 8, 9, and 10 and are critical to the overall intent of the Draft. It is important to note that Article 11 of the initial draft has been expunged from the current Draft of the Regulation. Article 11 in the initial draft permitted advocates to enter into agreements with pro bono clients for a percentage fee from any award gained in civil claims. It is clear that this type of success fee arrangement is not a pro bono service as the advocate will be paid for their service in the event that the client they represent is successfully in securing an award from the court.