With the legal community celebrating the 12th annual National Pro Bono Week, a celebration of the good will work of lawyers across the country, Exeposé Comment‘s Debate Correspondent Fiona Potigny reviews Debating Society‘s event with the motion: “This House believes that members of the legal profession have no moral obligation to perform pro-bono work”, fittingly collaborated with the Bracton Law Society.
For those not in the legal know, or those who simply haven’t watched enough Suits: “Pro Bono” is a term pertaining to cases in which free legal services are offered to those who would not otherwise be able to afford “access to justice”.

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Delivered like a true lawyer, Craig Newbury Jones’, lecturer at Plymouth University, suited-up for the occasion, captivated the audience with his smooth welsh tones, carefully punctuating his discourse with dramatic pauses (though perhaps these were to allow him time to peek at his notes). Despite his good speaking style, he initially failed to make it clear that he was in fact opposing the motion. As he began on his lament of the recent 25% government cuts to legal aid, the confused expressions on all panel members’ faces betrayed a sense that Jones might have in fact misjudged his stance for the evening.
This was fortunately not the case, as this was later used to evidence the government’s implicit rejection of the concept of a “right to justice”. His reference to the lack of enforcement to carry out pro-bono work by the Legal Standards Board and the Solicitor Regulation Code of Conduct further supported this. He ended by questioning why lawyers should bother fighting a system with no benefit for them. This was a compelling argument indeed, though one that did not address the “moral” aspect of the motion.
“Rubbish,” Tom Miller, BLS Bar Group Chair, began. Quickly dismissing Jones’ stance, Miller’s natural public speaking abilities quickly became apparent. Scattering his speech with a series of imperatives: “the Bar must step up”, “we must give back after a tax-free three years of university”, and clever catch-phrasing: “justice is not for sale”, one could easily understand why Miller had been chosen as Jessop International Mooting Competitor for the University. His arguments were equally as strong as his near-flawless public speaking ability. Heads nodded as he mentioned Louis Brandeis, the famous “People’s Lawyer”, as well as Miller’s important addressing of the “moral” clause, claiming that a fair trial with good representation is a right that must be afforded to our fellow man, regardless of class, race or any other criteria that may inhibit their path to justice.
Dr Mitchell Travis, an ExeterUniversity lecturer, made an interesting counterpoint pertaining to lawyers’ self-regulation. Due to their crucial separation from the government, which leaves them immune to State influence, lawyers are thus able to regulate their own hours, pay, and the ethical principles to which they subscribe. He also argued that pro-bono is an ineffective way of administering justice due to its high costs, and that it rarely helps “the little guy”, being moreover a PR strategy for firms to partner with big charities. His best point, however, was that pro-bono conflicts with a lawyers’ ethical duty to partisanship; in a lawyer’s decision whether to perform pro-bono work, they must judge who is or is not deserving of legal aid, and thus in their judgement they are defying the “innocent until proven guilty” regulation.
The earnest nature of local solicitor Stephen Nunn affords him this week’s best speaker award. Whilst the other panellists were well-read on the factual nature of pro-bono, they spoke with a degree of separation. Nunn, however, spoke openly of his own personal experience as the founder of a struggling firm, which owes the majority of this struggle to time spent on unpaid pro-bono work. He also reflected on the year-on-year falling profits of his own firm, and similar high street firms, and a twelve year pay freeze for lawyers in his position despite growing inflation. Yet did he betray even a hair of contempt for pro-bono work and its lack of economic feasibility? Not one bit. As he criticised cuts to pro-bono funding and the closing of Citizen’s Advice Bureau’s across the country, and spoke of his involvement in various protests and pressure groups, he shattered piece by piece the popular representation of lawyers, eloquently described by Miller as “money-stealing pillocks”, and became increasingly convincing in his cheesy yet endearing view that “lawyers save the world one case at a time”.
As questioning went on, it became clear that the opposition did not believe “moral” obligations to exist outside of official regulation – likely to the disappointment of any attending philosophy students. As a result, discussion broke into a debate over semantics – is something truly pro-bono work if it is a legal requirement? While the general consensus was a resounding “no”, Nunn reminded us of the term’s Latin roots: “Pro bono publico”, which means, “for the good of the people.”
Discussion then turned to the implications of forced pro-bono work, in which panel members agreed that a lack of monetary incentive may lead many to do a poor job. Jones, being an expert in popular culture representations of lawyers, advanced this point, adamant that many lawyers do not have the inherent call to help their fellow man without payment, earlier detailed by Miller. It was this, he claimed, that has caused the regrettable rise of ABS (Alternative Business Structures), in which corporations such as the Co-op replace pro-bono assistance with offerings of poor-quality legal advice at a reduced fee. Travis then added that this lack of “moral obligation” is causing a two-tier advisory system, disadvantaging those who cannot receive proper help. Though Nunn agreed, he added that one cannot truly call themselves a lawyer if they do not have an inherent calling to justice.
This final point by Nunn managed to win the proposition the five votes needed to secure themselves a victory.
Fiona Potigny
Did you attend last Friday’s debate? Is this an accurate version of events? Leave a comment below or write to the Comment team at the Exeposé Comment Facebook Group or on Twitter @CommentExepose.








