Rethinking pro bono : students lending a legal hand

This paper proposes a solution for law schools seeking to enhance access to justice in their communities, but with inadequate resources to divert towards fully-fledged clinical legal education (CLE) programs. The solution, it is suggested, is a student-led initiative based on a Canadian model entitled Pro Bono Students Canada (PBSC). The author learned of this initiative during a seven-month term at Osgoode Hall Law School in Toronto, Canada, a visit which triggered a realisation that Australia may not be meeting its potential when it comes to inculcating a vibrant pro bono culture in law school curricula. Part A of this paper explores pro bono in the Australian context, and the historical ambivalence towards involving law students at a national and concerted level. Part B looks at PBSC as a useful example of what can be achieved when law students are strategically involved in the delivery of pro bono legal services, as well as some of the practical issues associated with the Canadian program. Part C turns to the important issue of whether or not the Canadian program could be applied in the Australian context, acknowledging the contentious issues of supervision, liability concerns and jurisdictional idiosyncrasy. Part D of the paper provides conclusions, canvassing ongoing research and potential avenues for launching a Pro Bono Students Australia (PBSA).