Firms and lawyers in Dubai will be given the chance to demonstrate their charitable sides when the first official pro bono program in the Middle East is launched as early as October.
The pro bono program is an initiative of the Dubai International Financial Centre (DIFC) courts and seeks to formalise existing processes.
Alec Emmerson of Clyde & Co, who is a member of the DIFC Courts' Users' Committee, said that formalising the pro bono process would encourage firms, his included, to volunteer their services. Emmerson explained that prior to the program lawyers would take up cases by chance, offering a recent example where a group of London lawyers happened to be in Dubai for a conference and heard of a case involving six employees, with no legal representation, facing off against an employer represented by a major law firm. The lawyers made an emergency application to the bar to offer their services pro bono.
"The case may have been a precursor for the thought process to come about – that there ought to be a formal system so that people didn't have to look for last minute representation when they couldn't afford to hire practitioners on the register," said Emmerson. "Most of the large firms would be happy to be part of the program as they'd be a lot more comfortable with a formal system where they know all the same standards are applied to applicants."
Roopa Madala, acting deputy registrar of the DIFC Courts, agreed, adding that while there is Small Claims Tribunal where parties represent themselves; there have been a few cases where one party was a litigant in person. “We found ourselves with a few cases in the Court of First Instance, where parties were representing themselves. The DIFC Courts saw a need in the community and thought it would be a great initiative to ensure both parties are on equal footing and have equal access to justice,” she said.
Madala said that the Courts will launch an awareness campaign to encourage firms and lawyers to participate in the program. “Once the guidelines are enacted, the plan is to contact all of the law firms and lawyers registered with the Courts. Although it is not required as part of their registration process, we will encourage lawyers and firms to get involved in the program,” she said.
However, lawyers who sign up to the program and continually reject cases will likely have their name removed from the court's list of pro bono practitioners. Those in need of legal representation will also need to prove they cannot afford a lawyer and must notify the courts if their financial circumstances change.
Pro bono work has received considerable press coverage during the economic crisis as a way for lawyers with extra time on their hands to keep busy during the downturn. But Madala says this is not an initiative in response to the economic crisis. "It's rather because of a need in the community. It’s also beneficial for more junior lawyers to gain experience where they might just be assisting on other cases.”
Emmerson said that the program will benefit law firms. "Its part of CSR (corporate social responsibility) - I think law firms are expected by large clients to be able to demonstrate that they do give something back, and pro bono schemes are part of that."
The official date for the program launch remains unconfirmed, as it is pending feedback received during the public consultation period. “It’s difficult to determine when the programme will be launched as it depends on the feedback we receive during the public consultation period, but we are aiming to have the programme running by early fall,” said Madala.
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