Pro bono Work – Beneficial for an Individual or an Example for Others

By: Filips Kļaviņš

Notion pro bono (from the Latin pro bono publico) means a delivery of some professional service for common benefit, free of charge. Very often this notion is attributed to law firms as they consult various clients who need legal assistance but are unable to pay for such.  This includes matters of public benefit where stakeholders, most probably, would not be able to pay for attorney’s services, while the matter itself is important to the pro bono services provider and may also leave a permanent mark in society.  The law firm I represent has carried out pro bono work since its very establishment – since the early 1990s.  This is a natural practice for us which we consider mandatory for ourselves. There are constantly lawyers at our office actively providing legal services free of charge on matters which the partners of the firm believe to be significant and therefore should not suffer or disappear from the public agenda simply because legal advice has otherwise been unavailable.  

Law firms, and Ellex is no exception here, are of course also involved in charitable projects and donate money, however the pro bono work is a special form of assistance. Why is involvement of legal counsel in pro bono projects so important?  

First, our experience and expertise allow us to defend the interests of those individuals who are in no position to do so themselves. Engagement of an experienced lawyer in such cases is more important than a cash donation. One of our examples is the support provided to an oncology patient who had encountered a discriminatory attitude from the state and a refusal from the state to be reimbursed for the expense of vital medicines. We brought an action in court because we were convinced that the competent authorities used formal reasons as an excuse without digging deeper into the substance of the matter. Our view is that the government authorities had breached the principle of equality, the duty to reasonably apply the law and to properly justify an administrative act that is unfavourable for an individual. We have prevailed with favorable judgements for the patient in two levels of court proceedings, and are now awaiting for the final word from the Senate.  

Second, certain processes of public significance can find their footing only if active likeminded people are drawn together in support, where each offers their own expertise and capacities to accomplish something worthwhile. One of the first pro bono projects for our law firm was legal support to association Dzīvesprieks [Joy of Life], which provides education and social benefits to orphans and other youth lacking financial means. Dzīvesprieks was founded in Latvia in 1994 and the idea came from Sweden – it needed support from likeminded experts who were ready to contribute in a practical manner at its early stages. 

Third, we look to initiatives for preserving cultural and historical heritage, facilitating education and business, where the expertise of a legal practitioner is needed to resolve some complicated issue. For instance, we have for years provided legal support to the Riga Richard Wagner Society with regard to its organization, raising funds and reconstruction work at the Wagner House and former opera house in the Old Town. We have supported and are still supporting Žanis Lipke’s memorial and the oldest Latvian public organisation – Riga Latvian Society. Among these types of projects it is worthwhile to mention the Kiev School of Economics for which we helped to found a support society in Latvia since the start of Russia’s invasion and war against Ukraine. In the area of education there have been significant projects like Iespējamā misija [Mission Possible] and Fonds Augst [Fund To Grow] founded by Swedbank, and Latvijas sociālās uzņēmējdarbības asociācija [Latvian Social Entrepreneurship Association] for facilitation of socially beneficial business. We engage in these initiatives with the work contributed by lawyers of our firm who prepare contracts and other legal documentation, assist in incorporation of legal arrangements and in matters of corporate governance, representing interests of clients in communication with various authorities, general legal advice, and other areas as well.  

Fourth, there are a number of international charity and social support projects where involvement of legal counsel is necessary for their adaption to Latvian society, such as the international Ronald McDonald House Charities, which has a representation in Latvia. 

I particularly enjoy long-term pro bono projects.  With such, the promoters of the project can rely on the constant availability of legal assistance while providing our firm with an opportunity to delve more deeply into the essence of the particular initiative, and to appreciate its growth, achievements and effect on the general society. The best reward for voluntary work is the opportunity to experience hands on that your contribution has reaped benefits and changed something for the better. 

The pro bono movement among legal professionals has a long history and, for example, in the USA one way that this tradition is kept alive is by introducing it as early as during the student years. I as a student had an opportunity at one point to undertake a defence, for a public benefit, of those people who could not afford it themselves under supervision of an experienced lawyer (Latvian students, future lawyers, now have similar opportunities). When I participated in the founding of a law firm in Riga, I did not have any second thoughts that pro bono will be one of the cultural dimensions of our work. I know that many legal practitioners in Latvia similarly offer pro bono assistance; however, if we look at the broader picture of the whole of the business environment – then the necessity to help those in need is not a self-evident occurrence. So ultimately, each project which involves voluntary bro bono work is not only beneficial to the particular individual or organization receiving the support, but is also a kind of example for, and encouragement to, others to chip in and to do more.

 

Learn more on our podcast: Espresso ar Ellex Kļaviņš

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Filips Kļaviņš
Senior Partner / Latvia