What Does Pro Bono Mean in Law?

Legal representation is often expensive and can be unaffordable for some people, despite access to justice being an important right. While individuals can choose to represent themselves and act as a ‘litigant in person’ , navigating proceedings can be complex and overwhelming. In the vast majority of disputes, it will be in your best interests to instruct solicitors to assist you through the process.

With cuts to legal aid, it’s becoming increasingly difficult for people to obtain proper advice. We do not offer or work funded by legal aid however in response to this issue, we provide options for alternative funding Below, we’ll discuss pro bono work, fixed fee advice, Conditional Fee Agreements and Damages Based Agreements. For further information, contact Helix Law. 

What Is Pro Bono?

The word ‘pro bono’ comes from the Latin phrase ‘pro bono publico’, which means ‘for the public good’. In law, it refers to lawyers advising individuals and organisations on a voluntary and unpaid basis. 

These voluntary services aim to fill the gap between those who qualify for legal aid and those who can afford to pay their solicitor fees without government assistance. Many individuals, charities and community groups aren’t eligible for state-funded representation but equally can’t afford to spend thousands on solicitors’ costs. 

When carrying out such work, lawyers are still bound by the same professional and regulatory standards as if they were being paid. While it shouldn’t be considered a replacement for adequate legal aid funding, it offers much-needed support to vulnerable parties.

Importantly, pro bono work is incredibly rare and may not be appropriate to your case. Depending on the exact nature of your position, it may be appropriate to review the possibility of alternative funding arrangements, which we are happy to consider with you. 

Common Types of Cases Handled Pro Bono

Housing 

Tenants facing eviction often need legal assistance to understand their rights, communicate with landlords, and dispute possession proceedings. Pro bono work in this area helps redress the common power imbalance between tenants and landlords, with lawyers helping ensure occupants aren’t illegally removed from their homes. 

Employment

Employees often struggle to bring employment law claims, such as unfair dismissal or discrimination, due to costs and complexity. Solicitors offering free advice can help individuals understand their position, draft tribunal applications, and consider settlements with employers. 

Fixed Fee Advice

Generally, solicitors will provide an estimate for the costs of the work they have been instructed to complete. In certain situations, it may well be that we can confirm a fixed fee for us to take specific steps to assist you, such as completing an initial review and advice on your position, or drafting a particular document. 

Conditional Fee Agreements

A Conditional Fee Agreement (‘CFA’) is often known alternatively as working on a ‘no-win-no-fee’ basis. Under a CFA, you will generally only be required to pay legal fees if a ‘win’ is achieved. A win can take different forms depending on the nature of the dispute, but this usually looks like a court judgment being entered in your favour, or a settlement being reached with your opponent. Under a CFA, you will still be required to fund ‘disbursements’, which are fees payable to third parties, such as court fees,

expert report costs, counsel fees, and HM Land Registry fees. There is also usually a ‘success fee’ payable by you to us in the situation where a ‘win’ is achieved. This will bea % of the fees payable that you are required to pay on top of the fees themselves, and is not recoverable from the opposing party. This is usually 100%+VAT. In this way, funding under a CFA can be more expensive than funding on a private fee paying basis but has the benefit that you only pay (and we only get paid), if we win.

Damages Based Agreement

Under a Damages Based Agreement (‘DBA’), the fees charged to you will represent a certain % of the damages that you recover from your opponent, whether via a court ordered judgment or a negotiated settlement. This is usually 40%+VAT. In this way, the costs payable by you are directly reflective of the result you achieve in the litigation, and the amount actually recovered on your behalf. We frequently work in this way in commercial, property and construction related disputes. 

Final Thoughts

Whether Pro Bono work, a fixed fee, a CFA, or a DBA are appropriate is determined on a case by case basis, and it is always important that we understand the exact nature of a case (including its strengths and weaknesses) before we can offer such alternative funding. We do not work on a pro bono basis and transparently we charge for our time and work. We also do not complete work funded by legal aid. . To find out more about your rights or discuss whether your case might be eligible for support, contact Helix Law today.