Public interest law
[1] In a celebrated 1905 speech, Louis Brandeis decried the legal profession, complaining that "able lawyers have to a large extent allowed themselves to become adjuncts of great corporations and have neglected their obligation to use their powers for the protection of the people.
The Council of Europe's prerequisite that lawyers use their own country's courts first to seek legal remedies before turning to the European bodies gradually became more than a pro forma exercise, and civil society organizations began to make more effective use of domestic means of adjudication.
Nevertheless, a small but effective community of lawyers has gained acceptance of public interest litigation as a legitimate means of resolving social issues and contributing to a harmonious society, and non-governmental actors have significantly improved the enforcement of rights for migrant workers, women, children and those suffering from environmental degradation, among others.
For example, public interest lawyers in China have filed lawsuits in court successfully challenging workplace sexual harassment and the involuntary confinement of healthy people to mental hospitals.
In theory, the new law would give domestic NGOs the power to file lawsuits in their own name on behalf of their members, but the proposed amendment has engendered spirited debate and its fate is unclear.
[17] The Hong Kong Bar Association and The Law Society of Hong Kong operate their own Bar Free Legal Service Scheme[18] and Free Legal Consultation Scheme[19] respectively where enrolled law firms and barristers specializing in different fields volunteer to give consultations on a pro bono basis.
[20] In addition, unlike in the United States where NGOs and public interest law groups routinely bring public interest lawsuits on behalf of aggrieved individuals, in-house counsel working in NGOs and charities in Hong Kong are not allowed to directly represent the people these organizations serve.
[21] Some commentators believe that the inability of NGOs to directly represent clients in legal proceedings has dampened the growth of public interest law in Hong Kong.
Law schools in Hong Kong also organize various programs to promote the idea of pro bono legal service to students.
[26] Following the transition to democracy, the Constitution of the Republic of South Africa introduced radical changes to the legal system that have facilitated public interest litigation, including a justiciable Bill of Rights, broad rules of standing and flexible remedial powers for courts.
South Africa has since seen extensive public interest lawyering seeking to give effect to the transformative promise of the Constitution, in particular to enforce socio-economic rights and shore up democratic institutions.
It built on a tradition exemplified by Louis Brandeis, who before becoming a U.S. Supreme Court justice incorporated advocacy for the interests of the general public into his legal practice.
In a celebrated 1905 speech, Brandeis decried the legal profession, complaining that "able lawyers have to a large extent allowed themselves to become adjuncts of great corporations and have neglected their obligation to use their powers for the protection of the people.
[28] Summing up the movement's history in the United States, Stanford University Law Professor Deborah Rhode writes: "Public interest lawyers have saved lives, protected fundamental rights, established crucial principles, transformed institutions, and ensured essential benefits for those who need them most....In virtually every major American social reform movement of the last half century, public interest lawyers have played an important role.
Nevertheless, a common denominator for public interest lawyers in the United States and in a growing number of countries remains the ethic of “fighting for the little guy”—that is, representing the underrepresented and vulnerable segments of society.
A large community of lawyers practices public interest law in the form of providing legal aid free of charge to those who cannot afford to pay for it.
In addition, the other activities they perform such as community outreach, organizing coalitions, talking to the press, and initiating grassroots campaigns, do not generate revenue.
In 1996, the Omnibus Consolidated Rescissions and Appropriations Act prohibited LSC funds for programs that "engaged in redistricting, lobbying, class action suits, training for political activities, any activities directed toward reforming federal or state welfare systems, abortion or prison litigation" and recovering attorney's fees.
However, in order to empower communities, grassroots organizing and coalition building is very important and has led to significant social reforms in the past.
