"pro bono: service for nothing and experience for free!" (international bar association...

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Pro Bono Pro Bono : service for nothing and experience : service for nothing and experience for free! for free! Presented by Bruno Barata Magalhaes Presented by Bruno Barata Magalhaes [email protected] [email protected] International Bar Association International Bar Association Young Lawyers Committee & Young Lawyers Committee & Pro Bono Pro Bono and Access to Justice and Access to Justice Committee Committee Annual Conference - Vancouver Annual Conference - Vancouver 5th October 2010 5th October 2010 The Brazilian The Brazilian Report Report

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Presentation of Bruno Barata Magalhaes, partner of Correa de Mello & Tolomei (www.cmtadv.com.br) in the session "Pro bono: service for nothing and experience for free!", held in the International Bar Association Annual Conference 2010, in Vancouver.

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Page 1: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

Pro BonoPro Bono: service for nothing and experience for free!: service for nothing and experience for free!

Presented by Bruno Barata MagalhaesPresented by Bruno Barata [email protected]@cmtadv.com.br

International Bar AssociationInternational Bar Association

Young Lawyers Committee & Young Lawyers Committee & Pro Bono Pro Bono and Access to Justice Committeeand Access to Justice Committee

Annual Conference - VancouverAnnual Conference - Vancouver

5th October 20105th October 2010

The Brazilian ReportThe Brazilian Report

Page 2: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

““... Ask not what your ... Ask not what your country can do for you - ask country can do for you - ask what you can do for your what you can do for your country”.country”.

U.S. President John F. KennedyU.S. President John F. Kennedy

Inaugural address – 20th January 1961Inaugural address – 20th January 1961

Page 3: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

That is what That is what Pro Bono Pro Bono work is all about!work is all about!

Page 4: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

1. Definition:1. Definition:

Latin expression: “for the public good”.Latin expression: “for the public good”.

““Being, involving, or doing professional and especially legal work Being, involving, or doing professional and especially legal work donated especially for the public good”.donated especially for the public good”.

Pro Bono Pro Bono is not regulated by the Brazilian Bar Association or by any is not regulated by the Brazilian Bar Association or by any law. The only law that mentions a kind of volunteer work is the law. The only law that mentions a kind of volunteer work is the Federal Law 9.608/98, which regulates the volunteering;Federal Law 9.608/98, which regulates the volunteering;

Page 5: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

1. Definition:1. Definition:

Pro Bono Pro Bono x Volunteeringx Volunteering

In a global definition, In a global definition, Pro Bono Pro Bono work differs from work differs from volunteering because, in the first one, the person volunteering because, in the first one, the person contributes, without pay, contributes, without pay, with his professional activitywith his professional activity. .

Page 6: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

2. 2. Pro Bono Pro Bono and the Lawyers:and the Lawyers:

Pro bonoPro bono brings three primary benefits brings three primary benefits::

1)1) Assisting people in need (essence of Assisting people in need (essence of pro bonopro bono););

2) Becoming known in the legal community;2) Becoming known in the legal community;

3) Making a network of contacts.3) Making a network of contacts.

Page 7: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

2. 2. Pro Bono Pro Bono and the Lawyers:and the Lawyers:

Ways of making Ways of making pro bonopro bono::

1) Public entities;1) Public entities;

2) Individual pro bono;2) Individual pro bono;

3) Law firm;3) Law firm;

4) Associations.4) Associations.

Page 8: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

2. 2. Pro Bono Pro Bono and the Lawyers:and the Lawyers:

Pro Bono Pro Bono and the weband the web::

1) Email;1) Email;

2) Skype;2) Skype;

3) Website;3) Website;

4) YouTube;4) YouTube;

5) Social networks.5) Social networks.

Page 9: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3. Pro Bono in Brazil

It is an activity still growing;It is an activity still growing;

The branch of the state of Sao Paulo, of the Brazilian Bar The branch of the state of Sao Paulo, of the Brazilian Bar Association, is the first branch in Brazil that developed Association, is the first branch in Brazil that developed rules for rules for pro bono pro bono and law firms;and law firms;

It is a requirement for promotion and bonus in a few It is a requirement for promotion and bonus in a few number of law firms;number of law firms;

Page 10: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3.1. Brazilian Report3.1. Brazilian Report

Rio de Janeiro State Court of JusticeRio de Janeiro State Court of Justice

The Rio de Janeiro State Court of Justice develops an interesting work with the poor communities;

Judges, prosecutors and public defenders take the Court to the communities: “itinerant justice programme”;

In small courts held in buses and tents in the communities, several cases are initiated and resolved;

Page 11: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3.1. Brazilian Report3.1. Brazilian Report

Rio de Janeiro State Court of JusticeRio de Janeiro State Court of Justice

““Itinerant Justice” ProgrammeItinerant Justice” Programme

Page 12: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3.1. Brazilian Report3.1. Brazilian Report

Rio de Janeiro State Court of JusticeRio de Janeiro State Court of Justice

““Itinerant Justice” ProgrammeItinerant Justice” Programme

Page 13: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3.1. Brazilian Report3.1. Brazilian Report

Rio de Janeiro State Court of JusticeRio de Janeiro State Court of Justice

Other work of the Court is the “Justice Citizen” “Justice Citizen” Programme;Programme;

Judges, prosecutors, public defenders and lawyers make Judges, prosecutors, public defenders and lawyers make presentations to the community about justice and presentations to the community about justice and citizenship;citizenship;

Each presentation has a specific theme and specialists in Each presentation has a specific theme and specialists in each area are invited to present their visions about the each area are invited to present their visions about the subject;subject;

Page 14: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3.1. Brazilian Report3.1. Brazilian Report

Rio de Janeiro State Court of JusticeRio de Janeiro State Court of Justice

““Justice Citizen” ProgrammeJustice Citizen” Programme

Page 15: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3.1. Brazilian Report3.1. Brazilian Report

Brazilian Young Lawyers AssociationBrazilian Young Lawyers Association

The Brazilian Young Lawyers Association developed the The Brazilian Young Lawyers Association developed the programme “programme “Access to Justice in the Poor Communities”;Access to Justice in the Poor Communities”;

The members of the association provide free legal The members of the association provide free legal assistance to the poor communities in a law firm build assistance to the poor communities in a law firm build inside it;inside it;

The service is not limited to preventive assistance. There The service is not limited to preventive assistance. There are also cases of litigation;are also cases of litigation;

Page 16: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3.1. Brazilian Report3.1. Brazilian Report

Brazilian Young Lawyers Association programmeBrazilian Young Lawyers Association programme

Access to Justice in the Poor Communities:Access to Justice in the Poor Communities:

Page 17: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3.1. Brazilian Report3.1. Brazilian Report

Brazilian Young Lawyers Association programmeBrazilian Young Lawyers Association programme

Access to Justice in the Poor Communities:Access to Justice in the Poor Communities:

Page 18: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3.1. Brazilian Report3.1. Brazilian Report

Brazilian Young Lawyers Association programmeBrazilian Young Lawyers Association programme

Access to Justice in the Poor Communities:Access to Justice in the Poor Communities:

Page 19: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3.1. Brazilian Report3.1. Brazilian Report

Brazilian Young Lawyers Association programmeBrazilian Young Lawyers Association programme

Social Responsibility WeekSocial Responsibility Week

The second largest work of the Brazilian Young Lawyers The second largest work of the Brazilian Young Lawyers Association programme was the social responsibility week, Association programme was the social responsibility week, promoted from 21 to 23 of September;promoted from 21 to 23 of September;

In a public square, the members of the association In a public square, the members of the association provided free legal assistance to the public;provided free legal assistance to the public;

Page 20: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3.1. Brazilian Report3.1. Brazilian Report

Brazilian Young Lawyers Association programmeBrazilian Young Lawyers Association programme

Social Responsibility Week

Page 21: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

3.1. Brazilian Report3.1. Brazilian Report

Brazilian Young Lawyers Association programmeBrazilian Young Lawyers Association programme

Social Responsibility Week

Page 22: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

4. Conclusion4. Conclusion

Pro bono can not be a right or an option. It must be a lawyer duty;

Lawyers have the duty to give back to society the technical education they had;

Pro bono work brings several bonuses for the lawyer. Helping those in need is priceless, as well as contacts that can be made. In that way, we can say that pro bono is…

Page 23: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

Pro BonusPro Bonus

Page 24: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

““Injustice anywhere is a threat to Injustice anywhere is a threat to justice everywhere”. justice everywhere”.

Martin Luther King

Letter from Birmingham Jail, April 16, 1963.

Page 25: "Pro bono: service for nothing and experience for free!" (International Bar Association Annual Conference - Vancouver 2010)

Thank you for your time!

[email protected]

[email protected]

www.cmtadv.com.br

www.abja.com.br