Page 112 - Impact: Collected Essays on Expanding Access to Justice

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Overall pro bono has proved to be of limited value with regard to addressing the individual legal needs of the poor . Part of the problem lies in the political divisions of the previous century . Law firms were generally comfortable with the dictatorships; some had partners who held positions in the military governments . Non-governmental organizations were populated with staff and board members who had opposed the dictatorships . Although most bar associations as well as some of the larger NGOs in the region have established various types of pro bono programs, these have not had much of an impact in expanding the legal representation available to lower income people . Perhaps the most successful of these programs is Fundacion Pro Bono in Chile, a free standing NGO, which created a network of law firms, NGOs and government agencies to train volunteer lawyers to assist victims of domestic violence, locating clients through government agencies that provide social services to victims .
By contrast, in Brazil lawyers have been prohibited by the bar association which controls licensing of attorneys from engaging in pro bono work . The Brazilian constitution guarantees a right to counsel to all citizens which the state has realized through a “judicare” system under which the government pays lawyers a small stipend for legal assistance provided to the indigent . Brazil has thousands of solo practitioners whose livelihoods are dependent on these payments . As a result, pro bono is seen as creating unfair competition . Low-income clients are thus relegated to these lawyers many of whom are poorly trained and provide questionable assistance .
To address the unmet needs of low income individuals, countries throughout the region have relied increasingly on governments and law schools to provide this assistance . Law schools, having played a major role in interpreting the new constitutions, promoting public interest litigation, and developing clinical legal education, have been an important force for expanding access to justice .
In Colombia, law students are required to participate in the law schools’ legal aid clinics as part of the requirements for graduation . Before graduation, a year of working at legal aid is mandatory for admission to the bar . Students represent clients in minor cases of criminal, civil, labor, constitutional and administrative law .
Law schools in other countries, such as Argentina and Mexico, have set up clinical programs that offer counsel, although they are not part of the requirements for graduation . There are also collaborative networks between law school clinics and NGOs in Argentina such as those between CELS, a human rights organization, and the University of Buenos Aires Law School, and Asociación Civil por la Igualdad y la Justicia (ACIJ), a public interest NGO, and the University of Palermo Law School . Although these programs are small, they are nonetheless important steps in recognizing the role of law schools in addressing unmet legal need and preparing their graduates to handle these matters after graduation .
All governments in South America have public defender and legal aid programs but many are inadequately funded and none are able to meet existing need . Certain areas of need, particularly domestic violence, have received designated government funding to address previously neglected social problems . In Argentina, the Gender Unit at the National Public Defender Office receives government funding for thirty lawyers to work exclusively on providing legal representation to victims of gender violence . Recent legislation on Gender Violence and Access to Justice passed by the Federal Congress will expand these services significantly beginning in 2016 . This program, which is in its fourth year of operation, is an outgrowth of an earlier initiative of the Argentine Supreme Court that began in 2004 to provide advice and referrals to victims of domestic violence .
Impact: Collected Essays on Expanding Access to Justice