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A Theory of Pro Bono

The English system is founded on a notion of the rule of law based on formal legality. This assumes that there is access to justice and that people are able to enforce legal rights.

Some may propose that, in a society in which some people cannot afford law­yers, the performance of free work to assist potential litigants is both an obligation for lawyers and a mark of the highest professionalism. This is a contestable notion, however, particularly after the state assumed responsibility for access to justice as part of the welfare state.

An alternative theory of pro bono publico is that it is a manifestation of the transi­tion of notions of public service from the kind of professional restraint advocated by Pound, to a more consumerist notion of service. This casts privileged sections of society in the role of collaborators in the provision of public goods. The professional role of lawyers hinges on providing society with the good of justice. Lawyers, as a privileged class, contribute the good that they command.

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Source: Boon Andrew. The Ethics and Conduct of Lawyers in England and Wales. Hart Publishing,1999. — 808 p.. 1999
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