3.0 Precedents and pro formas

This section contains sample precedents and pro formas that, for the most part, have been created by law firms in the course of developing and operating their pro bono programs. The documents have been rendered anonymous and are provided as practical examples and are not intended to be definitive or exhaustive. They are current as at October 2003. The commentary in 1 Planning, developing and maintaining a program and 2 Procedures and practice issues refers to these documents at relevant points.

The materials in this section are likely to be of use to firms in the process of developing their pro bono programs and also to firms with established pro bono practices. For example, firms drafting or revising their pro bono policy may get useful ideas from the sample policies included at 3.1; documents relevant to a firm’s procedures for dealing with requests for assistance and matter management can be found at 3.2–3.3 and 3.5–3.10. Firms wishing to adopt procedures to facilitate evaluation of their pro bono casework may be assisted by the sample forms at 3.9 and 3.10. Firms developing engagement letters for pro bono matters may benefit from the samples at 3.3. The section also includes a sample memo and questions that a firm could include in a firm-wide survey of pro bono (3.4), examples of secondment agreements (3.11) and material relevant to encouraging pro bono work (3.12).

Firms should adapt or modify the materials in this section to suit their own requirements. Where relevant, firms should check the relevant legislative and professional requirements in their state or territory.

The National Pro Bono Resource Centre intends over time to make this manual a more comprehensive resource and to include more precedents and pro formas. Firms who have developed relevant materials are invited to contact the Centre at feedback@nationalprobono.org.au to discuss their inclusion in updates to the manual. The Centre is extremely grateful to the firms who have already shared their materials for the manual and encourages other firms to do the same.

Endnotes for 3.1

117 The policy, guidelines and procedure will ensure consistency, effective use of the firm’s pro bono resources, the best application of its skill and maximum impact for the community, the firm and its employees.

118 See definition of ‘pro bono work’ at 2 Definition of Pro Bono Work in this policy.

119 There are now a large number of community legal centres and Aboriginal legal services throughout Australia, both generalist and specialist, rural and urban.

120 Supervision of matters would be provided according to existing principles in the firm.

Open endnotes

The online version of this manual allows each of these precedents and pro formas to be downloaded in Microsoft Word format for adaptation according to firms’ requirements.

N.B. Due to changes in the NSW Legal Professional Regulations 2005 that came into effect on 1st October 2005, the precedents and pro formas for use in NSW should be checked against these regulations. In due course the Centre wil check these precedents for compliance with the new regulations and makes changes (if necessary).  Links to Part 3.2 of  the Legal Profession Act 2004 (NSW) and the Legal Professional Regulations 2005 are provided for your convenience.

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