by Xenon Rapatan

Created on: October 20, 2010

Pro bono is a term used to describe the rendition of legal services to a client free of charge. A lawyer agrees to represent a client or to render legal service without accepting compensation, monetary or otherwise. The primary reason why lawyers engage in pro bono service is the fact that the client is usually an indigent. Since the client cannot afford to pay the professional fee of his counsel, some lawyers would accept the case for free than to charge a lower rate which is unethical. Pro bono work is voluntary and is not compelled by any law or rule.

However, there are debates as to whether lawyers should be required to provide pro bono services. The answer would be a resounding yes. If a lawyer believes that his profession is noble and monetary remuneration is only second to the administration of justice, he would agree that pro bono should not only be required, but is expected of him. It has been said that the practice of law is not a money-making venture. Lawyers render their services in order to uphold the law, protect the rights of his clients, and deliver justice. Money is only a by-product and not the primary consideration rendering legal services.

Further, Pro bono services are only proper and to be expected from any lawyer because he who has sworn by law to the office of an attorney is primarily an agent of the court of justice. As an officer of the court, he is duty bound not to refuse legal services to the needy. By doing this, he is implementing the constitutional guarantee that free access to the courts of justice shall not be denied to citizens by reason of their poverty. Even the poor have equal rights that should be protected or properly vindicated if transgressed.

 It does not mean however that a lawyer should not accept paying clients. The truth is, since a lawyer has more paying clients, it is only proper that he render some pro bono services to those who need them. By doing this, a lawyer is assuring that justice is not only done to those who can afford to retain independent counsel, but also to the poor who equally need that justice be done.

If a lawyer holds dear this title of an attorney, he would find higher imminence in rendering pro bono services to the poor and the needy, consistent with the social justice maxim of “Those who have less in life should be more in law”.  

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