By Alana Dowley
Is getting your CPD points a bit like making sure you eat your greens? I love spinach, but it’s not for everyone – neither is pro bono work. But for those who are keen to apply their skills for the benefit of those less fortunate, what are the rewards? Muscles like Popeye?
Ten years ago, the National Pro Bono Resource Centre made a submission to the Law Council of Australia’s review of the Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 (CPD Rules). The Centre proposed that the CPD rules permit pro bono work to be credited. At the time, the Centre noted that nine jurisdictions in the USA already permitted pro bono work to earn credit towards mandatory CLE requirements.
Wind the clock forward 10 years – now we’re in 2025. What’s going on around the world?
Apart from imperialism and protectionism threatening the global economy and raising the cost of living for vulnerable people, a growing list of countries are embracing volunteerism.
By 2019, Latham & Watkins LLP were reporting that nine other countries apart from the USA had some form of recognition against mandatory training requirements for pro bono work. Other countries, including Ireland and Australia, were considering submissions to follow suit.
| Country | Conditions |
| Brazil | Some states only |
| Canada | Some provinces only |
| Kenya | Legal Aid program only |
| Malaysia | Legal Aid Centres |
| The Philippines | Young Lawyers only |
| Rep. of Ireland | Barristers only |
| Singapore | Uni student supervision only |
| Uganda | Annual Pro Bono Day only |
| Vietnam | Ministry of Justice approved |
According to Corporate Pro Bono – A project of Pro Bono Institute – by the end of 2024 “nearly half of the 46 US jurisdictions that have a CLE mandate will permit some CLE credit to be earned through pro bono legal representation”.
The rules vary significantly across jurisdictions. The average allowance is one CLE credit for each three hours of pro bono work, up to a maximum of 13 hours (or four CLE points), and two thirds of the jurisdictions required that the pro bono work be sourced through an approved provider. [Note that the total number of points required in jurisdictions varies, ranging from 12 to 25 per reporting period (which range from one to three years).]
Should we be going there?
The American Bar Association (ABA) conducted a survey of attorneys in the USA and published a report: Supporting Justice – A report on the Pro Bono Work of America’s Lawyers (2018). Attorneys in the USA were asked about factors that would motivate pro bono participation and “CLE credit for doing pro bono” was the third top motivator, behind “a judge soliciting participation” and “limited scope representation opportunities”.
In Australia, the Federal Court pro bono referral program is an illustration of the top motivator in action. Arguably, other courts could jump on that bandwagon.
Law Access’ Property Steps program recognises the second top motivator, with a limited scope service model for all family law pro bono referrals. We are now pursuing a fast-track program on urgent applications, for limited scope referrals to barristers to achieve ‘preservation of rights’ pending placement. In the future, we would like to explore pro bono self-litigant support on a similar limited-scope basis.
Would you like to know what else is on our wish list? CPD credit for pro bono work.
There are some models for delivery of pro bono legal assistance that, arguably, already satisfy the requirements for CPD.
Our CPD Rules require that the CPD activity be “of significant intellectual or practical content” (7.1.1), “conducted by persons who are qualified by practical or academic experience” (7.1.2), and “that extends the solicitor’s knowledge and skills” (7.1.3).
Recognised formats include a “workshop”, “discussion group”, “or any other educational activity” (8.1.1) and also include “membership of a committee, taskforce or practice section” if the work performed “is of substantial significance to the practice of law and is reasonably likely to assist the solicitor’s professional development” (8.1.4).
To take the last format first, members of The Law Society Access to Justice Committee would qualify and so should practitioners who regularly participate in the Law Access Stakeholder Advisory Committee or Law Access Pro Bono Coordinators Committee. In the past, Law Access has also convened working groups such as the CIC Project Committee, who developed the CIC Training Module – clearly a CPD activity.
We are also investigating a pro bono co-mediation service model, with particular interest in areas of law where pro bono legal assistance is currently not available (including neighbour/strata disputes). This model will open opportunities for practitioners to engage in mediation in an environment where significant intellectual and practical content will be jointly conducted by persons who are qualified by practical or academic experience, which undoubtedly extends the solicitor’s knowledge and skills. As well as offering practical training towards mediation accreditation, this work ought to qualify for CPD points.
To what other extent are pro bono offerings of the requisite content and format?
Pro bono lawyers (and graduates) support CLCs in many ways that may already facilitate an excellent learning environment, including assisting vulnerable applicants with telephone advice, providing legal assistance in clinics, or assisting CLC lawyers with casework.
Although that might sound like legal practice, it is being conducted in an environment unfamiliar to the practitioner, for clients with vulnerabilities that the practitioner would not encounter in their usual clientele and often involves legal issues that stretch the practitioner beyond their common experience. The practitioner is being supervised in this activity by a CLC lawyer with experience in this environment.
Arguably, whenever a pro bono lawyer steps into the practice of a CLC to provide legal assistance, they are stepping into a professional development experience. If their participation is verified by the CLC (or an organisation like Law Access), then their contribution to the acting out of their ethical and professional responsibilities (Rule 6.1.1) in a way that is developing their professional skills (Rule 6.1.3), fits, in my view, within the ethos of the current CPD accreditation system.
Where to from here?
Some forms of pro bono contribution may be an “educational activity”under the current CPD Rules. However, it would be infinitely preferable for WA to follow the 22 USA jurisdictions who have introduced a specific rule to govern the recognition of pro bono work as a development experience.
In my view, the average USA provision of three hours of pro bono work for one CPD point is appropriate. Adjusting for the difference in total credits required (compared to the USA), a maximum claim of three CPD points via this route is reasonable. It does not require further amendment to the system, if lawyers are permitted to count the points across ethics, professional skills and substantive law categories equally.
Law Access would be an obvious approved provider. We are ready, willing and able – so let’s go!
