Insights

By Rachel Tan Xi’en, Associate Counsel, RevLaw LLC
November 2020

In addressing newly-called lawyers at the Mass Call in August this year, Chief Justice Sundaresh Menon said:

You will surely encounter other challenges and obstacles, some of which you might find overwhelming. But in both the best and the most difficult of times in your professional lives, I urge you to recall and hold fast to the reasons you chose to study law. A few years ago, I suggested that those who choose the law because of the potential financial rewards are in the wrong profession and should either look at other options or be prepared for disappointment. Let me reiterate that today.

The study and practice of law is the preserve of those who are attracted to the ideals of the profession – justice, service, and doing right by others and by yourselves. If those ideals resonate with you and have inspired you to enter the profession, then let them continue to be your guide and inspiration.

It is heartening that many lawyers enter into practice with a desire to serve the community by undertaking pro bono work. In the Report of the Committee for the Professional Training of Lawyers released in March 2018 (“2018 Report”), it was stated that trainee lawyers are generally keen on pro bono work but usually “have little or no capacity to do so because of the pace and volume of their work”. This recognizes and reflects an inherent motivation to serve the less privileged, while acknowledging the practical constraints arising from the rigour and demands of practice.

Most lawyers would be familiar with the opportunities to undertake pro bono work in Singapore.  In addition to institutionalized pro bono services such as the Community Legal Clinics, the Criminal Legal Aid Scheme, and the Legal Assistance Scheme for Capital Offences, there are multiple other non-profit organizations that have a steady stream of pro bono clients.  One such example is Justice Without Borders (JWB), a regional non-profit organization that supports victims of labour exploitation and human trafficking in seeking compensation against abusers even after they return home. JWB works across Hong Kong, Singapore, Indonesia and the Philippines to grow the capacity for access to justice and endeavours to match lawyers to their clients who require assistance with civil litigation and compensation claims, which is an area of law that most disputes lawyers in Singapore are familiar with.

Despite the above, there unfortunately remains a gap between the lawyers who are able and willing to take up cases, and the number of clients that require help.  That notwithstanding, I would like to offer two reasons as to why undertaking pro bono work is complementary to the practice of law, even if it means an increased workload and more non-billable hours.

The first reason has to do with law as a tool.  Legal training is a precious skill that has direct impact upon the lives of those who require legal assistance.  Many of those in need of pro bono services often face issues that stem from a multitude of problems – including difficult family circumstances, irreparable and broken relationships, being in vulnerable positions in a foreign land, or simply having no resources to pursue what may be construed to be a very simple claim under most circumstances.  Often, they do not require complex legal help, and their issues may be solved by way of clarifying the law, writing simple appeals, or by settlement out of court.  However, they will require a lawyer to sit down with them, hear them out, and provide a clear roadmap on how to approach the issue.  Typically, it is only someone with legal training and who is able to practice law who can assist.  In short, being able to apply the law to help those in need not only allows one to utilize his or her legal training and skills, but also contributes to a sense of self-fulfillment and meaning.

The second reason has to do with professional development.  Pro bono work and enhancing one’s legal skills go hand in hand.  It is often said that disputes lawyers yearn for early opportunities to hone their advocacy skills and to run their own cases.  Taking up pro bono assignments forces one to take ownership of a case and to decide on the legal strategy.  It also affords one the opportunity to develop advocacy skills early on in a variety of ways – from being in direct communication with the client to dealing with multiple stakeholders and eventually arguing the case in court should the case get there. For non-litigators, taking up pro bono assignments can add diversity to skills and work.  For example, legal clinics are advisory in nature and touch upon a spectrum of legal issues that range from criminal matters and employment claims to the interpretation of contracts.  Having exposure to a broad range of matters through pro bono work will only serve to enhance professional development in a meaningful way.

There are admittedly challenges in pursuing pro bono work.  There are many things that compete for a lawyer’s time.  However, as noted by the Committee in its 2018 Report, being involved in pro bono work early on can help a lawyer cultivate a core part of his or her practice and professional identity.  The demands on one’s time need not be necessarily onerous, particularly given the many opportunities available for lawyers to choose the modes of contribution that best fit their time and schedules.  Often, it is the case that a special meaning is derived from taking a pro bono case to a successful conclusion, even if the case is not particularly complex or difficult. 

I would like to end by citing a quote from the 2018 Report on the practice of law, which affirms the two reasons for why pro bono work and the practice of law should go hand in hand:

The law is a profession and, as professionals, lawyers must be imbued with a spirit of public service.  There are other important values such as compassion, a dedication to continuous learning and the pursuit of excellence which are integral to the make-up of a lawyer.  But it is the idea that the law is innately concerned with the provision of public good for the betterment of the human condition as a whole – rather than of oneself alone – that marks it out as a profession rather than an occupation.