In July 2019, Cabinet approved the introduction of a pro bono requirement as part of the Western Australian Government's legal services tender process.
On Friday 20 March 2020, the Attorney General released a media statement announcing that law firms who provide legal services must comply with the WA Pro Bono Model as of 1 July 2020. The Pro Bono Model will apply to Western Australian government agencies.
The Model improves access to justice for individuals from marginalised and disadvantaged backgrounds. It formally acknowledges that law firms have been providing pro bono services to community legal centres (CLCs) and not-for-profit bodies for a long time, and builds on these pro bono practices.
The State Solicitor's Office has consulted with Pro Bono Coordinators in law firms, the Aboriginal Legal Service, Law Access and the Community Legal Centres Association in developing the Pro Bono Guidelines. We have also collaborated with the Department of Finance to ensure that requests of legal services include pro bono obligations.
The WA Pro Bono Guidelines, details definitions, reporting arrangements and obligations that apply to private sector law firms who provide legal services to government agencies.
The Department of Finance has amended the applicable goods and services request templates, namely the Goods and Services Templates - Request and the Goods and Services Templates - Request ICT, CUA Group Buy and or Panel Arrangement, to include clauses relating to the pro bono requirement and an appendix which must be incorporated when agencies procure legal services.
On Wednesday 24 June, the Attorney General announced that Law Access is being funded to coordinate referrals from CLCs for vulnerable people to law firms who provide legal services to government agencies. Attorney General John Quigley stated that "collaborations of this kind show that we are all working together to ensure justice is available to the most vulnerable and disadvantaged in our community." Refer to the Attorney General's media statement. The Attorney General also read a brief ministerial statement in Parliament.
Implementation of the Model means that the public sector as a whole is using its purchasing power to generate social value that is above and beyond the financial value of the legal services.
If you have any queries, please refer to the Frequently Asked Questions below or email probono@sso.wa.gov.au.
Frequently Asked Questions
Show more1. How can a law firm determine whether the Pro Bono Legal Services they are providing is for an Approved Cause?
Approved Causes are defined at clause 4(b) of the Guidelines. If after reviewing this clause you are unsure of the meaning of an Approved Cause, please contact the State Solicitor's Office at probono@sso.wa.gov.au.
2. How does a law firm determine the value of the Pro Bono Legal Services they are providing for the purposes of the 10% requirement?
The 10% requirement is calculated by reference to a law firm's Pro Bono Hourly Rate under its relevant contract for legal services with Government.
By way of illustration, if a Law Firm charges the following hourly rates under a contract for Legal Services with Government:
Partner: $700
Senior Associate: $550
Associate: $400
Restricted Practitioner: $250
then the Pro Bono Hourly Rate for that Law Firm is $475.
Taking this illustration further, if the law firm bills Government $500,000 under a contract for Legal Services with Government during a financial year then that law firm would be required to provide $50,000 of Pro Bono Legal Services for Approved Causes in that same financial year.
Using the Pro Bono Hourly Rate for that law firm ($475) that law firm is required to provide 105.25 hours ($50,000/$475) of Pro Bono Legal Service for Approved Causes during that same financial year.
3. How often do I need to send through a report?
Law firms are required to complete the Reporting Template (found at table 1 of the Pro Bono Guidelines) within 12 weeks of the end of the financial year.
4. Who do I send the completed report to?
The completed reports are to be sent to the State Solicitor's Office by email (probono@sso.wa.gov.au).
5. Our law firm has a number of contracts for legal services, can our firm send one consolidated report?
Law firms are required to complete a separate report for each contract for legal services it is engaged in. This is important as the hourly rates (and therefore the Pro Bono Hourly Rate used to calculate the 10% requirement) may be different across contracts.
6. What period of time are law firms required to report on?
The report seeks information from the previous financial year.
7. Can law firms count the 35 hours of pro bono work completed under the Australian Pro Bono Centre's Nation Pro Bono Target towards the requirement to undertake Pro Bono Legal Services for Approved Causes to the value of at least 10% of the total value of the law firm's contract for Legal Services with Government?
Yes, provided that the 35 hours were for the provision of Pro Bono Legal Services on Approved Causes, as defined at clause 4(b) of the Guidelines, and the hours fall within the relevant reporting period.
8. How are pro bono referrals coordinated?
Law Access coordinates referrals for vulnerable people to law firms who provide legal services to Government.
Lawyers, community legal centres (CLCs), community service providers and Members of Parliament can warm refer an individual who requires pro bono legal assistance by submitting an online Refer a Matter form. The online form can be accessed at: https://lawaccess.org.au/refer-a-matter/.
9. Is there a list of Western Australian government agencies that the Pro Bono Requirement applies to?
Yes, there is a list available online. Under the Pro Bono Model, any law firm providing Legal Services to a Western Australian government agency listed in the link will be subject to the Pro Bono Requirement.
10. Will there be a 'grace period' for law firms to comply with the Pro Bono Requirements?
Yes, while compliance with the Pro Bono Model is strongly encouraged during the first 36 months, after introduction, no penalties will be applied for non-compliance during this period.
11. Is it only necessary for the lawyer who provides Legal Services for Government to take part in the 35 hours of pro bono work?
Under the Pro Bono Model, law firms are required to be signatories to the Australian Pro Bono Centre's National Pro Bono Target. This is an aspiration target that aims for each law firm's lawyers to undertake 35 hours of pro bono work each year. Therefore, the target is for each lawyer and not just those lawyers who are completing Legal Services for Government.
For more information on the National Pro Bono Target, see: https://www.probonocentre.org.au/provide-pro-bono/target/.
12. I am not sure if the pro bono work my firm is engaged in meets the criteria of 'Approved Causes'; what should I do to clarify?
If you are not sure whether the pro bono work your firm is completing is an 'Approved Cause', then please contact the State Solicitor' Office at probono@sso.wa.gov.au for clarification.
