Pro bono assistance is only available to those who cannot afford to pay, and who cannot obtain public funding (legal aid). 

Every case is different, but the factors which the Unit will normally consider in any case are:

• Public funding
• Jurisdiction
• Resources
• Merits
• Amount of work
• Type of work needed

1. Public funding 

The Bar Pro Bono Unit is unable to assist in cases where the client can obtain publicly funded assistance – more commonly described as Legal Aid.  Clients or their advisers MUST find out whether public funding can be obtained before an application is made to the Unit.

Both advice agencies and lawyers that have contracts with the Legal Services Commission (LSC) deliver assistance funded by Legal Aid. There are various levels of Legal Aid available depending upon the type of case that a client has.

There are rules that govern whether clients are eligible to receive assistance funded in this way.

Generally speaking, availability of Legal Aid will depend on three points: the area of law involved, the merits of the case, and the client’s financial circumstances. A solicitor (or advice agency with an LSC contract) may need to be approached to see whether the case qualifies on the first two points. As regards the third, the LSC’s website has an eligibility calculator which will allow a check on whether a client qualifies financially for legal aid. To use the eligibility calculator, please go to http://www.legalservices.gov.uk/civil/calc/whatis_calculator.asp

For detailed information on the types of Legal Aid available, please go to the Legal Services Commission website (www.legalservices.gov.uk) or the Community Legal Service website (www.clsdirect.org.uk).

2. Jurisdiction

The Unit only assists in matters involving the law of England and Wales. 

3. Resources 

The Unit cannot assist where the help sought is available from an alternative source, including the following: 

• Private resources:  the Unit cannot assist where an applicant or any family members to whom they might reasonably look for help (eg spouse/partner/parent) can afford the legal assistance sought.  There is not a financial cut-off point for help: the question is whether, taking all the circumstances into account, the applicant is able to pay for the legal assistance required.
• A trade union, legal insurance policy or through a conditional fee agreement (CFA)
• A specialist organisation (eg the CRE, Shelter, FRU etc)

4. Merits

This will usually include some consideration of whether the legal merits of the applicant’s case appear to be sufficient to justify the Unit’s requesting a barrister to act without charge.

5. Amount of work

The Unit’s volunteer barristers commit to doing 3 days’ work for free each year.  Except in exceptional circumstances, the Unit cannot ask a volunteer barrister to undertake more than 3 days’ work including preparation time for hearings on an individual piece of work within a case.  However, because the Unit provides assistance on a step by step basis, it may help with several pieces of work within a case which together add up to more than the 3 day total. 

6. Type of work needed

Barristers can only help with pieces of work which they would be able to do in paid practice.

The most effective help can be provided by the Unit where an advice agency or solicitor is willing and able to remain involved with the case.  There are cases where a barrister will not be able to assist unless a solicitor or advice agency is involved.