Tuesday, 13th March 2012
The Cyrus R Vance Center for International Justice of the New York City Bar has been building a culture of legal responsibility in Latin America for over a decade. Vance Center vice chairs Todd Crider (partner at Simpson Thacher & Bartlett) and Antonia Stolper (partner at Shearman & Sterling), and Elise Colomer, senior programme director, reflect on the journey so far.
Our work through the Vance Center has marked, for each of us, the most rewarding aspect of our career. It has enabled us to work with friends and colleagues in building a culture of public service in the legal profession that has the potential to contribute to more just, more equitable and kinder societies. The transformative potential of pro bono work should inspire lawyers across the region to become leaders in and contribute to this common project of making public interest work a structural component of our profession.
Access to justice is a fundamental right in a democracy. It is enshrined in a majority of national constitutions in the region. The unfortunate reality, however, is that the poorest and most marginalised members of society in the Americas do not have effective access to justice. This lack of access to justice translates into a feeling of disempowerment on the part of the poor and marginalised, negatively affecting public confidence in the democratic system and, particularly, in the government, the judiciary and the legal profession as a whole. In a region characterised by one of the world’s largest gaps between the rich and the poor, the lack of effective access to justice is a symptom of broader societal challenges that affect the lives of those of us resident in the region on a daily basis: widespread poverty, underdeveloped civil institutions, insecurity, sub-standard public education and health services, social inequality and corruption.
The pro bono ethic, at its best, represents a commitment by the legal profession to actively engage in the problems of society. It is not a panacea but it is a part of the solution. Access to justice will not solve society’s woes, but a lack of access to justice will erode the foundations of other efforts to respond to societal inequities. Furthermore, the pro bono ethic directly involves a key profession and educated elite in creating civil society and engaging with the needs of society. The dimensions and reach of the ripples from pro bono engagement cannot be overstated!
Within this context the Vance Center began its work to advocate for a culture of legal social responsibility in the Americas through the promotion of pro bono legal services. The Vance Center’s work is essentially collaborative. All Vance Center projects occur in conjunction with partners across Latin America and in response to the priorities established by lawyers in the region. As New York-based professionals, we have seen our lives and practices intertwined with Latin America, one region with many cultures and peoples that we love and have come to feel a part of. The Vance Center embodies our interest, as New York lawyers and advocates who work internationally, to contribute as “citizens” of the Americas to her challenges.
It is important to note that lawyers in Latin America have always done a measure of free legal work on behalf of the poor. In this sense, pro bono legal services in Latin America were not new. However, free legal services, when delivered, generally occurred on an ad hoc basis in response to requests of friends and clients. The work was not coordinated or institutionalised, nor did it have a name. There was a disconnect between the supply of volunteer legal services and the demand for legal assistance by the poor and the institutions serving them.
Background of pro bono movement in the region
Under the leadership of Joan Vermeulen, Executive Director (2001-2011), the Vance Center took a central role in the organisation of a series of conferences that led to the conception and development of a culture of pro bono across the American hemisphere. A first step was realised prior to the Vance Center’s creation in 2000 when the New York City Bar, under the auspices of its then-President, Michael Cooper, convened an international conference entitled "Partnerships Without Borders: A Global Forum on Access to Justice," at which leaders of bar associations, private bar lawyers and justice advocates worldwide came together to discuss ways of expanding access to justice.
These discussions among leaders of the legal profession focused on the ethical obligation of the profession to respond to the unmet legal needs of the poor, given the profession’s privileged position as guardian of the justice system. Partially as a result of this conference, a group of lawyers from Argentina, including Martin Bohmer and Martin Zapiola, among others, began to consider the pro bono model as an innovative mechanism to address the justice gap. At the same time, a group of young lawyers in Chile, including Pablo Guerrero, Juan Pablo Olmedo, Ciro Colombara and Francisco Orrego, were independently taking steps to organise Fundación Pro Bono to promote pro bono in that country.
In 2001, at the invitation of a group of leading practitioners in Argentina and in partnership with the University of Palermo Law School and the Pro Bono and Public Interest Committee of the City of Buenos Aires Bar Association, the Vance Center co-convened a seminar in Buenos Aires on pro bono and access to justice. The event proved to be a catalyst and marked the beginning of a decade-long partnership between the New York bar and its counterparts throughout Latin America in advancing pro bono.
In 2002, the Vance Center and Pro Bono Foundation Chile coordinated a second international pro bono conference, this one in Santiago. In 2003, the Vance Center collaborated with the Instituto Pro Bono in Brazil to convene a third conference in Sao Paulo. Each of these conferences deepened the engagement of lawyers in the region in pro bono.
Key factors in development of pro bono in the region
The development of pro bono in Latin America has been a collaborative, multi-jurisdictional movement in which lawyers across the region have shared best practices and encouraged and prodded one another to progress. The following sets forth several critical factors at this stage of development of the local pro bono.
Need for technical support
Lawyers shared best practices and provided technical support. In the earliest stages, law firms in the region with established pro bono programmes and lawyers from the United States shared experiences in the design and implementation of pro bono programmes. New York-based firms shared internal policies, organisational models and institutionalisation strategies, and provided practical advice on how to interact with non-governmental social organisations and the less privileged. The New York City Bar and New York-based pro bono legal services organisations, including New York Lawyers for the Public Interest, ProBono.Net and Volunteers of Legal Services, shared their methodologies for (1) connecting lawyers able and willing to do pro bono work with those requiring legal services, (2) how to set up a pro bono referral programme, or clearinghouse, and (3) how to create partnerships between the principal actors of the legal profession (i.e., the Pro Bono Chain).
Establishing the “business case”
The private bar participants also shared the “business case” for implementing pro bono programmes. The business case for pro bono includes: more and more clients expect law firms to do pro bono work and to commit to women as partners and leaders in the profession, and diversity; pro bono assists in the recruitment and retention of young lawyers active in pro bono consistently show greater job satisfaction; pro bono work offers young lawyers the opportunity to collaborate with society; pro bono allows lawyers to help those who cannot exercise their rights, giving lawyers a greater sense of social purpose; pro bono offers lawyers an excellent opportunity to accelerate their professional development, since they are given a greater autonomy in the management of pro bono cases; and pro bono helps improve the image of the profession, as well as of the particular firm.
Priorities at the local level
At the local level, numerous factors made the establishment of a pro bono culture and practice possible. First, it proved to be of great importance that initiatives were launched collaboratively by several actors of the legal community, and not solely by one or two exclusive actors. To launch pro bono initiatives, collective action by the private law firms (especially the leadership of senior partners) is a proven way to obtain the participation of a greater number of law firms and lawyers. We also observed the importance of turning an oral commitment into action through the establishment of internal policies and procedures that encourage and facilitate the development of pro bono within a firm. Likewise, the development of a centralised referral organisation or programme with policies for the services rendered to the law firms was critical.
Development of trust relationship between civil society and pro bono
We also found that a neutral referral organisation is needed to develop the trust relationships with civil society organisations serving the poor or working on justice issues on their behalf. In several countries, the legacy of >
The Pro Bono Declaration for the Americas
An important milestone was reached in 2005 when the Vance Center organised a summit for leaders of the profession in the Americas held in New York City at the City Bar. Entitled “Strategy Summit for the Americas: The Crisis in Access to Justice,” this regional seminar brought together lawyers from Argentina, Brazil, Chile, Colombia, Spain, Mexico and the United States to provide an opportunity for leaders of the profession to examine the achievements of the first five years of the pro bono movement, and develop an agenda for the future of pro bono in Latin America. As a result of the Summit and the growing momentum of cross-border work, a regional steering committee was formed to draft a Pro Bono Declaration for the Americas (PBDA). The text of the document was developed over a period of two years by a regional committee of lawyers in Latin America and the United States, and was completed through consultations with members of the legal community in Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Peru and the United States. The drafting committee included Todd Crider – then chair of the Vance Center – Simpson Thacher & Bartlett, New York; Javier de Belaunde, Estudio Echecopar, Peru; Juan E. Cambiaso, Marval, O′Farrell & Mairal, Argentina; Daniel Grunfeld, public counsel, Los Angeles; Antonio C. Meyer, Machado, Meyer, Sendacz e Opice Advogados, Brazil; Guillermo Morales, Morales & Besa, Chile; Horacio Bernardes Neto, then at Xavier, Bernardes, Bragança, Sociedade de Advogados, but now with Motta, Fernandes Rocha - Advogados, Brazil; Paula Samper Salazar, Gómez-Pinzón Zuleta Abogados SA, Colombia; and Claus W. von Wobeser, Von Wobeser y Sierra SC, Mexico.
The declaration came into effect on January 1, 2008. The PBDA’s signatories commit to provide a minimum average of 20 hours of pro bono work per attorney per year. Under the terms of the PBDA, the signatories have a period of three years from the signing of the document to achieve full implementation of the commitment. More than 500 law firms, corporate legal departments, bar associations, law schools, foundations and civil society organisations in the Americas have signed the declaration and have agreed to collaborate and make access to justice a reality in the hemisphere.
Under Antonia Stolper’s leadership as chair of the Vance Center from 2008 to 2011 and Elise Colomer’s as the Vance Center’s senior programme director for Latin America, the Vance Center has participated actively in the efforts of signatories to institutionalise a culture of pro bono within their institutions. These efforts have included: the publication of guidelines for the implementation of pro bono programmes in law firms in Latin America in English, Spanish and Portuguese; the conducting of surveys and annual reports on the status of implementation of the declaration in Latin American law firms; the implementation of regional conferences to share implementation strategies; the organisation of roundtables to strengthen or give impetus to the establishment of pro bono referral organisations and programmes ("clearinghouses"), including financial support for such programmes; the design and execution of technical consultations to law firms via video conferences; the provision of technical support and strategic advice to law schools, legal clinics, and civil society organisations who wish to participate in the "pro bono chain"; and the publication and dissemination of successful pro bono projects underway throughout the region.
The declaration has been an important catalyst for the expansion of pro bono work in Latin America. The pro bono initiative continues to expand with new signers of the declaration in Canada, Costa Rica, El Salvador, Guatemala, Honduras, Panama, Paraguay, Dominican Republic, Uruguay and Venezuela. Under the leadership of key partners of the Vance Center, clearinghouses have been established more recently in: Colombia, with the launch of Pro Bono Foundation Colombia under the leadership of Paula Samper; Costa Rica, with the establishment of the Pro Bono Committee at the Costa Rica Bar Association under the leadership of David Gutiérrez and Erika Sandoval; Paraguay, with the launch of CIDSEP at the Catholic University Law School under the leadership of Monica Caceres and Paraguay Bar president Oscar Paciello; Peru, with the launch of a referral programme at Ciudadanos al Día under the leadership of Javier de Belaunde, Enrique Felices, Jose Ugaz and Beatriz Boza; Dominican Republic, with the launch of Pro Bono Foundation DR under the leadership of Teofilo Rosario; and Venezuela through programmes at ProVene, under the leadership of Gerardo Bello, Cristina Carbonell, Maria del Carmen Diaz, Jordy Moncada, Camila Sanhueza, and Alfonso Seva, and Venezuela Without Limits, under the leadership of Mireya Blavia de Cisneros and Thais Malave. As a result of the declaration, a growing number of lawyers across the hemisphere are carrying out an increasing amount of pro bono work – with a multiplier effect rapidly increasing access to justice in the hemisphere.
More recently, Pro Bono Foundation Chile and the Vance Center, under the leadership of Pro Bono Foundation Chile board director Pablo Guerrero V. and Antonia Stolper – then-chair of the Vance Center – marked another milestone in the history of the pro bono initiative with the convocation of an international seminar, "Pro Bono and the Legal Profession: Strengthening Access to Justice." More than 400 legal professionals from across the Americas participated in the conference. Distinguished speakers reflected on how the legal profession can employ pro bono work to help improve access to justice. During the plenary panel, "The Four Pillars of Access to Justice," speakers commented on the key elements of the access to justice in a democratic society: the ethical responsibility of lawyers to guarantee access to justice; laws and policies that address social needs; fair and equitable judicial system; and access to the legal system. In the second panel, "The Pro Bono Chain", prominent legal professionals from different sectors addressed the role of pro bono work in assisting the poor and vulnerable, noted the difficulties legal communities are facing in implementing pro bono initiatives, and shared best practices for addressing these barriers. After the opening session, the various pro bono organisations in the region presented their work, which allowed attendees to learn about programmes in 13 countries.
The following pro bono initiatives collaborated on the conference: Citizen Power (Argentina); Pro Bono and Public Interest Committee of the Buenos Aires City Bar (Argentina); Pro Bono Institute (Brazil); Access Pro Bono British Columbia (Canada); Pro Bono Law Alberta (Canada); Pro Bono Law Ontario (Canada); Pro Bono Quebec (Canada); Pro Bono Law Saskatchewan (Canada); Pro Bono Foundation (Chile); Pro Bono Foundation (Colombia); Pro Bono Committee of the Costa Rica Bar Association (Costa Rica); Appleseed (Mexico); Association of Legal Services of the Mexican Bar (Mexico); CIDSEP (Paraguay); Ciudadanos al Día (Peru); Public Counsel (United States); ProVene (Venezuela); and Venezuela Without Limits (Venezuela).
Participants at the conference agreed that the main challenge before us all is to ensure that democracy works for everyone. Without justice, the poor cannot exercise their rights. Justice is a pillar of our democracies. The reduction of injustice and the removal of legal barriers that prevent the poor from accessing the legal system should be the guiding objective of our collaborative work. Within this framework, a new project has emerged. The International Pro Bono Network – a joint project of the Vance Center and Pro Bono Foundation Chile – seeks to involve lawyers throughout the Americas in the defence of human rights, on a pro bono basis, through participation in the Inter-American System of Human Rights.
Despite the growth in pro bono work in recent years, unmet legal needs still exceed the supply of legal help available. Millions of people throughout the Americas continue to suffer violations of their rights in their daily lives and have no way of seeking redress, as they cannot pay for legal assistance they need, or because the institutions of democracy that guarantee access to justice are so fragile that they are ineffective. Legal aid programmes funded by the government can meet those needs to a limited degree only. Lawyers, including those in the private sector, can and should continue to provide legal services that benefit the poor and vulnerable. Their efforts can be realised by providing free legal advice or representation to individuals and social organisations that cannot afford a lawyer; taking high impact litigation cases on behalf of social organisations that seek to promote social justice and human rights; and proposing innovative ways to use the laws to develop creative solutions to social problems and advocate for legal reform that responds to social needs. The role of the profession is unique and important. The Vance Center remains committed to working with its allies across the hemisphere to address the perpetual challenge of creating fairer societies with prompt and effective access to justice for all.
(Latin Lawyer 13.03.2012)
(Notícia na Íntegra)