Pro bono work is a priority for lawyers around the world, and Asia is no different. While legal professionals take different approaches in both method as well as people and organisations helped, one common theme is the strong desire to give back to society.

When lawyers in Hong Kong wished to take a stand on the now-postponed controversial extradition bill that saw millions flood the street in protest, they offered their services to demonstrators pro bono. And in the U.S., firms including Paul Weiss and Morrison & Foerster recently took on Mississippi’s controversial “heartbeat” abortion bill. When prominent firms and lawyers get behind cases like this, they not only offer their legal know-how for free, but also end up raising their profile as practices with a social conscience. But lawyers say pro bono isn’t about promoting firms’ skills -- it’s about serving the community and giving back to those who aren’t otherwise guaranteed legal support.

Simeon Marcelo, one of the founding partners of Philippine firm Cruz Marcelo & Tenefrancia, says that his firm devotes “substantial” time to pro bono work. “Our firm was established not only to provide the best legal services to our clients but also to build a legal institution with a social conscience, inspiring our lawyers to help in nation-building,” Marcelo says, noting that the firm now “strongly encourages” its lawyers to support individuals who need legal services. These considerations are also a part of the hiring process.

“Our hiring committee, when evaluating a potential new hire of the firm, takes into consideration his involvement in the promotion of human rights, membership in the legal aid program and involvement in positive advocacies while in a law school as plus factors for admission in our law firm,” Marcelo says.

Coming from a rural farming community in a low-income country himself, Marcelo was able to transcend his circumstances thanks to a scholarship grant. Thus, paying forward comes logically to me,” he tells Asian Legal Business, noting that making time for pro bono work has always been one of his priorities.

MAKING A MARK

Kareena Teh, a Hong Kong-based partner at EY Law says the firm, which provides free legal assistance to those who are unable to afford it, uses pro bono as a means of contributing to society.

“Occasionally, we are fortunate enough to work on matters that bring about changes in laws, regulations, processes and procedures and have a wider impact on society. Of course, we derive a sense of satisfaction from what we do, the fact that we have helped our pro bono clients and made a difference in their lives and those of others who benefit from the work we have done,” Teh explains.

She notes that the firm primarily represents pro bono clients on access to justice issues. “We focus on these issues because access to justice is a basic human right. In Hong Kong, it is also a constitutional right. Yet, not all members of our society have equal access to justice. As lawyers, we can make a difference,” Teh says.

For Cruz Marcelo & Tenefrancia, their lawyers are trained in a way that primes them to operate altruistically. “This passion for pro bono work is reinforced by the fact that half of our lawyers, more or less, are from the University of the Philippines, a public academic institution, who, being ‘Iskolar ng Bayan’ (‘Scholars of the People’), feel a deep sense of responsibility to give back to the masses as ‘Manananggol para sa Bayan’ (‘Lawyers of the People’),” Marcelo says of his team.

But this notion of serving the public for an ethical good also feeds into a larger matter – how lawyers are generally perceived. “It strengthens the principle that lawyering, apart from being a prestigious and high-paying profession, is a noble profession and that lawyers are not only advocates who are paid for rendering excellent services but also guardians of the people’s rights, especially those from the grassroots who are in most need of excellent professional legal assistance,” says Marcelo, noting that lawyers are able to gain invaluable experience and training, and a sense of satisfaction.

NOT A MARKETING TOOL

Both Teh and Marcello say pro bono work isn’t a marketing tool to accrue further work opportunities. But they do say it enhances their lawyers and can even break ground legally. Recently, says Teh, the firm assisted pro bono clients, resulting in some new innovations in official processes.

“We represented them in court and supported them in the Labour Tribunal in successfully obtaining orders that allowed them to bring and sustain of claims in the Labour Tribunal in Hong Kong from abroad through the use of video-link facilities and labour union representation,” Teh says, explaining that in the past, claimants who were not able to be in Hong Kong to run their claims and give evidence would have to abandon them. “Other claimants are now relying on these decisions to bring and sustain their claims in the Labour Tribunal in Hong Kong from abroad. The same principles can also be applied to claimants who want to bring and sustain claims in the Small Claims Tribunal in Hong Kong,” she says.

Meanwhile, Marcello has witnessed the impact pro bono work can have on bringing justice to light. Cases the firm has taken on have included a farmers’ group being forcibly evicted and facing military threats, domestic violence and child abuse cases and overturning wrongful convictions.

“One of the most memorable cases we have handled involved the rape and slaying of a young female cashier of a fast-food restaurant,” Marcelo says, noting the victim’s father had approached the Integrated Bar of the Philippines (IBP) after the accused were acquitted by the trial “despite the solid evidence against them.” The IBP subsequently referred the case on to Cruz Marcelo & Tenefrancia whose lawyers were able to assist the Department of Justice prosecutors to reverse the acquittal of the accused in the Court of Appeals and see the acquittal nullified.

“The Supreme Court later upheld this ruling. After a trial de novo, in which our law firm was also actively involved, the accused were all convicted,” Marcelo says.

Having witnessed the positive impacts of pro bono work up close, both lawyers encourage their peers to pay it forward through pro bono work.

Says Teh: “We would encourage firms to provide pro bono services whenever possible. There is a lot of need in our society, and it is important to do what little we can to make a difference.”

Marcelo also encourages other firms that are interested in putting their services to a good cause to do so. “After all, pro bono work should really be an essential part of the practice of our profession…. As we all always say, our legal track record shows that we can do well while doing good,” he says.

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