LawWorks In-House Pro Bono: Challenges and Opportunities

1. LawWorksIn-House Pro Bono: Challenges and Opportunities Regulatory guidance and future developments Richard Pitkethly

2. Rules - overview • In-house (and private practice) solicitors do not tend to have authorisation and limitations on their practice at the forefront of their mind • Many pro bono opportunities for in-house solicitors in the LSA, however … • Current SRA rules can be overly restrictive and complicated • SRA rules not always drafted with pro bono in mind – over-reliance on waivers or concessions • SRA guidance does not always provide answers • Regulatory landscape opaque

3. Regulatory guidance • Available via LawWorks’ website at: https://www.lawworks.org.uk/solicitors-and-volunteers/resources/lawworks-practice-guidance-house-solicitors-and-pro-bono • Focused on in-house solicitors • Covers the statutory rules, case law and the SRA rules of practice (i.e. the Handbook) • Covers the 3 main ways to volunteer: i) Not-for-Profits, ii) Secondary Specialisation and iii) clinics • Includes discussion of insurance and practising certificate requirements • Will be updated to include developments, including the SRA’s new set of practice rules

4. 1) Headline points • Few restrictions on what in-house solicitors are permitted to do in practice • In-house solicitors may (subject to certain restrictions): • provide legal services to charities/not-for-profits • provide legal services to the public via external or internal clinics or through secondary specialisation programmes

5. 2) Headline points • In-house solicitors may: • provide legal advice • undertake litigation work • undertake advocacy

6. Legal advice • With a few exceptions, legal advice is a ‘non-reserved’ activity (Legal Services Act 2007) • Legal advice may be provided via NfPs, Secondary Specialisation programmes and clinics • Restrictions around certain areas, such as immigration law, consumer debt/credit and the preparation of property documents (i.e. ‘reserved instrument activities’) • possibility of partnering with authorised firms / NfPs (e.g. Citizens Advice re debt/credit) • Watch this space - ‘reserved instrument activities’..?

7. Litigation work • All litigation work may be undertaken in courts and tribunals (excluding immigration work, etc.) prior to issue, including LBA, Claim Form/PoCs • All litigation work, including after issue, can be undertaken in relation to proceedings in the ET, EAT and the First-tier Tribunal (Social Entitlement Chamber), e.g. welfare benefits appeals • A great deal of litigation work (e.g. correspondence, advisory and ADR) may be undertaken in other courts/tribunals after issue(see LawWorks’ guidance at paras 36-46) • Watch this space… LSA, Sch 3 litigation exemption from authorization requirement … ?

8. Advocacy • Advocacy may be undertaken in the ET, EAT and First-tier Tribunal (Social Entitlement Chamber) • We do not currently recommend advocacy in ‘reserved’ courts and tribunals (see LSA, Sch 2 and LawWorks’ guidance at paras 35-35, 80-83 and Appendix 1) • Watch this space … LSA, Sch 3 exemption..?

9. New rules – September 2019? • SRA to implement new rules • PFR 4.10 dispensed with, removing one of the main barriers to relying upon exemptions in LSA, Sch 3 • Watch this space … better understanding of section 15 LSA / waiver or concession re undertaking ‘reserved’ work while volunteering outside the course of employment (e.g. through external clinics /secondary specialisation programmes)?

10. The end… Richard Pitkethly 0207 092 3950 richard.pitkethly@lawworks.org.uk