Publications
Partners
Johannesburg - The Legal Practice Bill, which was approved by cabinet in May and which is due to be tabled in parliament for debate in the coming months, not only intends capping fees that lawyers and advocates can charge but also proposes that legal professionals undertake a prescribed amount of compulsory community service for free.
Fahdia Bhayat, a director of the firm Cliffe Dekker Hofmeyr, said in an interview in Cape Town this week that the department would assign select cases to the firm's lawyers as a way of giving the "disempowered" greater access to justice.
"Pro bono practice takes place and many firms have pro bono models, but there is an incredible short fall in legal representation for the marginalised," she said.
"At the moment responsibility is being taken individually and collectively by members in private practice.
"Every lawyer in our firm will be called on to make a contribution."
Bhayat said the department would partner with non-government and charitable organisations to screen pro bono candidates.
"There are many cases that need attention in South Africa, from people who are having their shacks demolished in informal settlements to service delivery issues, to women's issues, to the environment," Bhayat said.
One of the benefits of having a dedicated pro bono legal department would be the experience gained by young lawyers and candidate attorneys.
"Young lawyers and candidate attorneys will also gain exposure to a wide range of legal practices and deep and broad pro bono work," Bhayat said.
"The experience a young lawyer gets doing pro bono work is invaluable.
"Many youngsters become lawyers because they have a social conscience and they want to make South Africa a better place. Now they will have a more of a chance to do this."
Cliffe Dekker Hofmeyr has enlisted the help of an internationally renowned non-profit entity, New Perimeter - a pro bono affiliate of the international United States-based law firm DLA Piper - to help it set up the department.
Through New Perimeter, lawyers from DLA Piper's offices around the globe provide pro bono legal assistance on issues like healthcare, hunger, economic development, law reform and human rights.
New Perimeter chief Sheldon Krantz is in South Africa to help launch the new department.
"Through New Perimeter, lawyers from DLA Piper's offices around the globe provides pro bono legal assistance on issues like healthcare, hunger, economic development, law reform and human rights," said Krantz, who has tackled projects ranging from redesigning war-ravaged Kosovo's justice system to helping New Orleans home owners reclaim their property after the floods of Hurricane Katrina.
"Over the past five years, working in developing and post-conflict countries, we've immersed ourselves in a variety of critical issues."Now we're looking forward to playing a role in helping South Africa."
Lisa Dewey, a New Perimeter lawyer who is assisting in the project, said it was important for South Africa to establish a strong pro bono culture as it often gave lawyers a sense that they were making a contribution in what is often a cut throat profession.
"Our firm is a signature member of the Pro Bono Institute which recommends firms donate between three and five percent of their billable time a year," she said.
"This translates to around 60 and 100 hours a year. In 2009 we gave 130 000 hours which in money terms was around US 70 million.
"Each year a magazine called The American Lawyer ranks the 200 top law firms on their pro bono performances.
"Firms actively try to get into the top 10. It's a big deal to be on the top of the list."
A large part of the New Initiative's work is focused on aiding US war veterans from Afghanistan and Iraq.
Dewey said 80 percent of the homeless population in San Diego were war veterans, many of who were suffering post traumatic stress disorder and drug and alcohol problems.
The firm was also active in helping people who had lost their homes during the flood of Hurricane Katrina.
One of Dewey's most memorable pro bono cases involved a woman from Guinea, whose husband had insisted their daughter be circumcised.
"The woman's first daughter had bled to death after her circumcision," Dewey said.
"Her husband wanted the second daughter to be circumcised too.
"She had been beaten by her husband on several occasions. She fled to the US.
"I took up her battle and she was granted asylum. It was incredibly satisfying for me. She and her daughter come to visit me every year."
Fahdia Bhayat, a director of the firm Cliffe Dekker Hofmeyr, said in an interview in Cape Town this week that the department would assign select cases to the firm's lawyers as a way of giving the "disempowered" greater access to justice.
"Pro bono practice takes place and many firms have pro bono models, but there is an incredible short fall in legal representation for the marginalised," she said.
"At the moment responsibility is being taken individually and collectively by members in private practice.
"Every lawyer in our firm will be called on to make a contribution."
Bhayat said the department would partner with non-government and charitable organisations to screen pro bono candidates.
"There are many cases that need attention in South Africa, from people who are having their shacks demolished in informal settlements to service delivery issues, to women's issues, to the environment," Bhayat said.
One of the benefits of having a dedicated pro bono legal department would be the experience gained by young lawyers and candidate attorneys.
"Young lawyers and candidate attorneys will also gain exposure to a wide range of legal practices and deep and broad pro bono work," Bhayat said.
"The experience a young lawyer gets doing pro bono work is invaluable.
"Many youngsters become lawyers because they have a social conscience and they want to make South Africa a better place. Now they will have a more of a chance to do this."
Cliffe Dekker Hofmeyr has enlisted the help of an internationally renowned non-profit entity, New Perimeter - a pro bono affiliate of the international United States-based law firm DLA Piper - to help it set up the department.
Through New Perimeter, lawyers from DLA Piper's offices around the globe provide pro bono legal assistance on issues like healthcare, hunger, economic development, law reform and human rights.
New Perimeter chief Sheldon Krantz is in South Africa to help launch the new department.
"Through New Perimeter, lawyers from DLA Piper's offices around the globe provides pro bono legal assistance on issues like healthcare, hunger, economic development, law reform and human rights," said Krantz, who has tackled projects ranging from redesigning war-ravaged Kosovo's justice system to helping New Orleans home owners reclaim their property after the floods of Hurricane Katrina.
"Over the past five years, working in developing and post-conflict countries, we've immersed ourselves in a variety of critical issues."Now we're looking forward to playing a role in helping South Africa."
Lisa Dewey, a New Perimeter lawyer who is assisting in the project, said it was important for South Africa to establish a strong pro bono culture as it often gave lawyers a sense that they were making a contribution in what is often a cut throat profession.
"Our firm is a signature member of the Pro Bono Institute which recommends firms donate between three and five percent of their billable time a year," she said.
"This translates to around 60 and 100 hours a year. In 2009 we gave 130 000 hours which in money terms was around US 70 million.
"Each year a magazine called The American Lawyer ranks the 200 top law firms on their pro bono performances.
"Firms actively try to get into the top 10. It's a big deal to be on the top of the list."
A large part of the New Initiative's work is focused on aiding US war veterans from Afghanistan and Iraq.
Dewey said 80 percent of the homeless population in San Diego were war veterans, many of who were suffering post traumatic stress disorder and drug and alcohol problems.
The firm was also active in helping people who had lost their homes during the flood of Hurricane Katrina.
One of Dewey's most memorable pro bono cases involved a woman from Guinea, whose husband had insisted their daughter be circumcised.
"The woman's first daughter had bled to death after her circumcision," Dewey said.
"Her husband wanted the second daughter to be circumcised too.
"She had been beaten by her husband on several occasions. She fled to the US.
"I took up her battle and she was granted asylum. It was incredibly satisfying for me. She and her daughter come to visit me every year."
