header-logo header-logo

11 July 2013 / Matthew Fraser
Issue: 7568 / Categories: Opinion , Legal aid focus , Legal services , Profession
printer mail-detail

Forced labour?

istock_000021807596medium

Should we introduce compulsory pro bono work for trainee lawyers, asks Matthew Fraser

From January 2015 all applicants to the New York Bar will be required to carry out 50 hours of legal pro bono work. Should this requirement be introduced for trainee lawyers in our jurisdiction in order for them to qualify?

Belgium

In the case of Van Der Mussele v Belgium (App No 8919/80), a newly qualified Belgian avocat asked the European Court of Human Rights to consider whether the compulsory pro bono work required of Belgian pupil avocats constituted “forced labour” contrary to Art 4 of the Convention. Many pro bono supporters may be shocked to discover that the question of “forced labour” was deemed worthy of consideration by the European Court.

But the court’s conclusions in relation to both the individual and social benefits of a pro bono requirement were sensible. The court found no violation of Art 4, on four grounds. First, the pro bono work was within the scope of the ordinary activities of an avocat.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll