Should we introduce compulsory pro bono work for trainee lawyers, asks Matthew Fraser
From January 2015 all applicants to the New York Bar will be required to carry out 50 hours of legal pro bono work. Should this requirement be introduced for trainee lawyers in our jurisdiction in order for them to qualify?
Belgium
In the case of Van Der Mussele v Belgium (App No 8919/80), a newly qualified Belgian avocat asked the European Court of Human Rights to consider whether the compulsory pro bono work required of Belgian pupil avocats constituted “forced labour” contrary to Art 4 of the Convention. Many pro bono supporters may be shocked to discover that the question of “forced labour” was deemed worthy of consideration by the European Court.
But the court’s conclusions in relation to both the individual and social benefits of a pro bono requirement were sensible. The court found no violation of Art 4, on four grounds. First, the pro bono work was within the scope of the ordinary activities of an avocat. Second, there was a “compensatory factor” in securing entry
