header-logo header-logo

Forced labour?

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll