David vs Goliath; pro bono for Life

Open Justice alumna and regular blog contributor Dona Mclachlan reflects on providing access to justice to everyone and the rewards that this brings to both parties. You can check out Dona's other blogs here and here.

As Christmas and the New Year quickly approach it is a traditional time of both giving and reflection. A time to be grateful for what you have achieved and consider what you can give of yourself to others as a sign of that gratitude. In law we are taught to reflect, to consider what happened and how could it be better. How could I change that outcome?

I reflect on last holiday season, struggling with the final year curriculum, participating in a number of Open Justice projects. Thinking; what am I going to do with my law degree? How can I best serve myself and my community? How can I change the outcome?

For me changing the outcome had become a thing. I had volunteered for almost three years with a legal charity as well as the OU law clinics doing pro bono projects. I knew what the outcome looked like for most people; the outcome looked bleak if you could not afford legal representation. This is not justice for all. This is not upholding the basic principles of the rule of law.

This past spring a job opportunity arose at Citizens Advice as a specialist tier two legal advisor in employment law. I snapped at the chance. What have I discovered from it? The learning of law is not the same as the practical application of law. We all can find cases and statute and apply the rules to the issue. However, it is the court procedural rules that are the minefield. Lack of procedural knowledge means a missed date is the end of your claim. When are forms due? Which court do they go to? How do you prepare of schedule of loss? What is a bundle? The questions are endless, and we are the experts.

Imagine the litigant in person. This individual has suffered a detriment, lacks knowledge about their rights and are often emotional. Sometimes they cannot read the court documents for themselves or comprehend what they say. These individuals are expected to prepare their bundles and stand alone against the respondent’s legal team, David vs Goliath. Is this justice? Is this upholding the rule of law? Is this what we came to law for?

For me that answer is a firm NO. We must continue to provide access to justice for everyone. Failure to have a working legal system for all members of society is a failure of our society. We must be grateful we have the capacity to comprehend the law and be prepared to give our knowledge to others so we may all live in a fully functioning society which is just and fair. We must always question ‘how can we change this outcome?’

This holiday season, as you reflect on the past and dream of the future, consider making pro bono part of your legal career for life and be part of changing the outcome for more than paying clients. The reward is a more just and fair society and the satisfaction of knowing you are changing life for the better for someone who desperately needs you and your knowledge.

Caroline Derry Dona Mclachlan