Law Works InHouse Pro Bono Challenges and Opportunities

Law. Works In-House Pro Bono: Challenges and Opportunities Regulatory guidance and future developments Richard Pitkethly

Rules - overview • In-house (and private practice) solicitors do not tend to have authorisation and limitations on their practice at the forefront of their mind • Many pro bono opportunities for in-house solicitors in the LSA, however … • Current SRA rules can be overly restrictive and complicated • SRA rules not always drafted with pro bono in mind – over-reliance on waivers or concessions • SRA guidance does not always provide answers • Regulatory landscape opaque

Regulatory guidance • Available via Law. Works’ website at: https: //www. lawworks. org. uk/solicitors-andvolunteers/resources/lawworks-practice-guidance-house-solicitors-andpro-bono • Focused on in-house solicitors • Covers the statutory rules, case law and the SRA rules of practice (i. e. the Handbook) • Covers the 3 main ways to volunteer: i) Not-for-Profits, ii) Secondary Specialisation and iii) clinics • Includes discussion of insurance and practising certificate requirements • Will be updated to include developments, including the SRA’s new set of practice rules

1) Headline points • Few restrictions on what in-house solicitors are permitted to do in practice • In-house solicitors may (subject to certain restrictions): Ø provide legal services to charities/not-for-profits Ø provide legal services to the public via external or internal clinics or through secondary specialisation programmes

2) Headline points • In-house solicitors may: Ø provide legal advice Ø undertake litigation work Ø undertake advocacy

Legal advice • With a few exceptions, legal advice is a ‘non-reserved’ activity (Legal Services Act 2007) • Legal advice may be provided via Nf. Ps, Secondary Specialisation programmes and clinics • Restrictions around certain areas, such as immigration law, consumer debt/credit and the preparation of property documents (i. e. ‘reserved instrument activities’) Ø possibility of partnering with authorised firms / Nf. Ps (e. g. Citizens Advice re debt/credit) Ø Watch this space - ‘reserved instrument activities’. . ?

Litigation work • All litigation work may be undertaken in courts and tribunals (excluding immigration work, etc. ) prior to issue, including LBA, Claim Form/Po. Cs • All litigation work, including after issue, can be undertaken in relation to proceedings in the ET, EAT and the First-tier Tribunal (Social Entitlement Chamber), e. g. welfare benefits appeals • A great deal of litigation work (e. g. correspondence, advisory and ADR) may be undertaken in other courts/tribunals after issue (see Law. Works’ guidance at paras 36 -46) • Watch this space… LSA, Sch 3 litigation exemption from authorization requirement … ?

Advocacy • Advocacy may be undertaken in the ET, EAT and First-tier Tribunal (Social Entitlement Chamber) • We do not currently recommend advocacy in ‘reserved’ courts and tribunals (see LSA, Sch 2 and Law. Works’ guidance at paras 35 -35, 8083 and Appendix 1) ØWatch this space … LSA, Sch 3 exemption. . ?

New rules – September 2019? • SRA to implement new rules • PFR 4. 10 dispensed with, removing one of the main barriers to relying upon exemptions in LSA, Sch 3 • Watch this space … better understanding of section 15 LSA / waiver or concession re undertaking ‘reserved’ work while volunteering outside the course of employment (e. g. through external clinics /secondary specialisation programmes)?

The end… Richard Pitkethly 0207 092 3950 richard. pitkethly@lawworks. org. uk