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Family Law

The leading authority on all aspects of family law

09 NOV 2015

National Pro Bono Week - how was it for you?

The first session of the Bristol pro bono family scheme

Judi Evans, Barristers, St John's Chambers

Last week was National Pro Bono Week, and it coincided with the launch of the  Bristol Pro Bono Family Scheme. I'd like to say it was a perfectly orchestrated plan, but in truth, the pro bono scheme took a long time to set up (over a year), and so it was rather by accident than design that the launch on 5 November fell within National Pro Bono Week.

How was it? Only time and feedback will tell, I guess.

Will it help LiPs who cannot afford legal advice, to summon the courage to enter a Court room without a lawyer, and give them some sort of road map as to where they and their children need to be headed, along with a small degree of realism? I hope so.

Will this free 30 minutes enable LiPs to conduct a contested hearing? Address legal issues? Cross-examine and make submissions? No, a resounding No from me. A free 30 mins legal help couldn't possibly prepare a person for the complexities of litigation. If that was the case, what on earth have we all been doing spending years of our time reading law and doing Bar Finals? Mastering law and procedure, and different terminology, on top of managing heightened emotions about your child is a big ask for a LiP. Some would say it is impossible.

So, what does the scheme involve?

The scheme runs every Thursday from 10am - 4pm. There are seven appointment slots, with 15 minutes breaks in between. Its not a 'children day' for first appointments, so people wanting advice are not waiting to go in to Court. The advice does not include representation in Court. The commitment from lawyers prepared to volunteer will be to offer one day a year to the scheme.

Anyone wanting 30 minutes free legal advice needs to book a slot through the PSU. The PSU then send the booking form to the 'duty lawyer' on a Tuesday to conflict check the names. The booking form contains a summary of the issues.

And so, I put my name down to do Thursday, 5 November, which happened to be the first ever session. Then a funny thing happened. Life got in the way. Life that involves paying the mortgage and having a responsibility to others who need my help every bit as much.

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A private law case for a client I had represented on a number of occasions previously, was listed at 2pm for directions on the same day. Should I swap with someone else on the pro bono rota? Cause inconvenience and confusion with a risk that the same thing will happen again? Should I return the afternoon case? What about my poor client, who needed continuity? I knew the history. It wasn't fair to let that person down.

In the end it was simplest to do both, starting earlier at 9.30, and doing five free advice slots instead of seven. Finishing just after 1pm, and then doing my afternoon's case.

And that's the point with pro bono. It will never be a substitute for properly funded legal advice and representation, those of us who volunteer will do our best. But you cannot run a justice system on the good will of people who have other commitments to fulfil. It is the tiniest droplet of help in an ocean of need.

Following the introduction of LASPO the number of applications for private law orders at the Bristol CJC fell by about 40%. I understand there has been an increase in applications by about 15% this year ... will the pro bono scheme make a difference? Will it enable more people to feel confident enough to seek help?

So, what was it like last Thursday? What of the people I met? Obviously I cannot give too many details, these things are confidential, but what was interesting was that all who attended (apart from one) were contemplating litigation, but worried about doing so. Care worn, confused, and highly anxious even desperate is how I would describe them. ‘Its taking over my life, and it hasn't even started’, said one young woman, as she tried to soothe her small infant to sleep and listen to me and make notes.

And so, I talked, and answered questions about mediation, procedure, s 1 of the Children Act 1989, how to address a judge, confirmed they could be cross-examined by their ex-partner and discussed why we put the child's welfare at the centre of the case. Made referrals in one complex matter to the Bar Pro Bono Unit, referred people to the www.familycourtinfo.org.uk website, encouraged people to think through what they thought was best for their child, and to look at it from the other parents’ point of view. Even, in one case, handing out the duty rota list to a person who wanted to pay for legal advice before each hearing but to self represent at Court. Is this unbundled services? (Under the scheme we can subsequently act for those we meet, provided we give that person a copy of the duty rota, to draw attention to other lawyers on the list.)

And so, whilst I understand the (legitimate) point of view of those who say that pro bono is helping /colluding with legal aid cuts, I cannot agree with it. The scheme is never, ever, going to replace proper state funded help, given to people who need it, in a timely manner, for the sake of our next generation. At best, I hope the scheme will operate so as to encourage/empower people to take the first steps to seeking legal redress though the Courts as an option of last resort.
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