Interview by Alex Aldridge
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I’m not going to talk about my time as Attorney-General. Whatever views people have of me, pro bono work has always been a very important part of my professional life. I don’t see how anything else is relevant.
It started at an east London disco . . . As a young barrister, after work I used to change out of my pin stripe suit and go down to a community centre in Bethnal Green, where I initially helped out informally at the disco. It was an idea that the warden and I hatched to allow me to win the trust of the young people there, who tended to be very hesitant of authority. After a while I revealed that I was a lawyer and gradually I started to assist them with their legal problems. Terribly cheeky, really. Over time it grew into an advice centre dealing with insurance claims, housing issues, problems with social security and so on.
Fortunately, covert operations are no longer necessary. These days there are much more opportunities for lawyers to participate in a more structured way. The Attorney-General’s Pro Bono Committee website is a good starting point.
Play to your strengths. When I set up the Bar's Pro Bono Unit in 1996, one of the first things we did was to create a database of volunteers’ specialisations. As an advocate, I’ve always tended to do things involving litigation or negotiation. Some of the corporate lawyers I know have assisted in the setting up of small charities, and there are opportunities for those with less experience to do more straightforward, yet equally important work, such as helping people to make sense of official documents. It doesn’t have to be headline-grabbing stuff.
People are people. The skills I’ve used when assisting, for example, a workman who’s been injured on a building site, aren’t really any different to those I employ when dealing with the director of a large bank. As any lawyer worth his salt will tell you, it’s all about understanding what the issues are, considering the evidence, then explaining the options to the client in a way that he or she understands.
Don’t treat pro bono as second class work. Although you’re not getting paid for it, you should always do the work to the same level of quality as you would if you were receiving remuneration. That’s an absolutely key part of the pro bono protocol. I do, however, accept that running things on a shoestring — as we did in the early days — can result in the occasional howler. One case springs to mind involving a man who’d been hit by a hoist. It seemed a straightforward set of facts, so we couldn’t understand why the insurance company was kicking up such a fuss. Then we noticed that our correspondence referred to horse, not a hoist.
If you’re helping people you don’t feel burnt out. Doing a days work at chambers then going on to pro bono commitments in the evening was never a problem. I suppose I’ve always been a bit of a multi-tasker. Still, it’s useful to be part of an organisation that has the right attitude. By that I mean a firm or chambers where it’s acceptable for a junior to say, “I’m sorry, but I can’t take this or that on at the moment because I’m busy on a pro bono case”.
It’s not just in this country that lawyers can contribute. We continually gripe about our legal system, but it’s not as if we have corrupt judges or go along to a court that hasn’t got a roof and find that the case has been called off because it’s been raining. As representatives of a competent legal system, we have a lot to offer our colleagues in less developed countries. Organisations like Advocates for International Development are always looking for volunteers.
Worthwhile work shouldn’t be seen as an optional add-on. I feel, well, that this is what I came into the law to do. Lawyers are professionals and being a professional isn’t just about making money or developing your career; it’s also about helping people. And I’m not just talking about young lawyers here. It’s essential that partners and senior members of the Bar set the right example. For my own part, I’ve got a couple of pro bono cases ongoing at the moment, plus I’ve just completed my review of citizenship for the Prime Minister.
People who do legal aid work can hold their heads up high. Of course, I accept that lawyers operating outside the private sector may feel that they’re already making a significant contribution to justice without taking on extra commitments.
I’m not telling anyone they have to do anything. I’m simply telling them what I think. Hopefully people will listen to the arguments I’ve put forward in favour of getting involved.
Lord Goldsmith, QC, was the Attorney-General from 2001 to 2007. He is now head of European litigation at Debevoise & Plimpton
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