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How do pro bono lawyers get paid in Canada?

This article explores how do pro bono lawyers get paid, including some important legal matters that you should consider when doing pro bono work

How do pro bono lawyers get paid in Canada?

When clients seek legal services, their primary concern is often the cost: can they afford it? Pro bono work exists to help those in need, but it raises a question for lawyers: how do pro bono lawyers get paid?

In this article, we’ll discuss the basics of pro bono services according to Canadian laws and ethics for lawyers. We’ll also go over the financial aspects of pro bono work. This article is for lawyers and law students wondering how to sustain their livelihood as a lawyer while still providing pro bono services for those in need.

How does pro bono work in Canada?

Pro bono work is giving free legal services to a client, who is financially challenged or is facing certain difficulties that prevent them from fully paying a lawyer. Its purpose is to give legal services to deserving clients or those from disadvantaged communities.

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While these services may be free, they must still be according to the standards as when given to a paying client and according to the ethics for lawyers. These are provided by law, specifically the codes of conduct maintained by each provincial or territorial law society.

Aside from purely free legal services, the Canadian Bar Association (CBA) says that there are also other services that are considered as pro bono, such as:

  • supervising law students or junior lawyers
  • volunteering with the law society, a law foundation, or a professional association
  • assisting legal aid providers or pro bono organizations
  • working for reduced pay, which is also called “low bono”

Some law schools also provide pro bono services through their legal aid programs. Check out our comprehensive list of Canadian law schools for more information about these faculties and colleges of law.

What laws apply to pro bono lawyers

Law societies have codes of conduct for lawyers, which contain certain provisions that regulate how lawyers should do pro bono work and how they should get paid. Other guidelines include the issuances of other bodies regulating lawyers and the practice of law, such as the CBA.

Main drive to do pro bono services

Law societies say that you should make your legal services available to the public in an efficient and convenient way and enhance the legal profession. To do this, it’s suggested that you:

  • participate in legal aid programs and community legal services programs
  • provide pro bono services or reduce/waive fees for financially struggling clients
  • support organizations that provide legal services to economically strained persons

Rules when doing pro bono services

Your law society’s code of conduct or rules of professional conduct has specific rules for providing pro bono legal services. Most of these codes and rules are patterned after the Model Code of Professional Conduct made by the Federation of Law Societies of Canada (FLSC). However, most law societies have now modified or amended their codes or rules accordingly.

Specific hours to do free legal work

In Canada, there’s no law that requires you to do a minimum amount of pro bono services. However, we can be guided by CBA Resolution 98-01-A which encourages lawyers to “contribute 50 hours or 3% of billings per year on a pro bono basis.” When looking at law firms to work for, you can also check their policies on pro bono services to see if they have standard hours of pro bono services that you must do per year.

Looking for a pro bono lawyer to inspire you? Find out more about Monique Pongracic-Speier and the pro bono work she has done over the years.

Pongracic-Speier earned her law degree from the University of British Columbia. Find out more about her alma mater in this guide to studying law at UBC.

How do pro bono lawyers make money?

Pro bono work is rewarding. It gives a sense of accomplishment that every lawyer needs, especially when championing the cause of vulnerable and low-income clients. Unfortunately, it might not be financially sustainable for your career. After all, paying clients are the ones who keep your bills paid and the lights on.

So, is there a way to keep the best of both worlds? Thankfully, there are legal ways for you to recover financially when doing pro bono services. Here are some ways that pro bono lawyers get paid:

  1. Quoting a policy at your law firm that rewards pro bono hours
  2. Using a retainer letter and entering into a contingency fee agreement
  3. Volunteering in organizations that can reimburse pro bono lawyers

Let’s discuss each of these below:

1. Law firm policies on giving pro bono services

Your law firm is one medium where your pro bono services can be incentivized, allowing you to do more free services without sacrificing any finances. Here are some of these practices that law firms reportedly do:

Charging pro bono services as billable hours

There are firms whose policies credit your pro bono hours the same way as your billable hours. In other words, the hours you’ve worked on pro bono matters will still be recognized as your paid billable hours.

Having a designated pro bono lawyer

In some firms, they have a specially designated lawyer who takes care of pro bono cases. They may also coordinate and assign pro bono tasks to other lawyers in the firm. The hours worked on that pro bono case will be credited and paid to that lawyer.

Setting up minimum pro bono hours

Law firms can also set a specific number of hours that lawyers should dedicate to pro bono work. For example, it can be 50 incentivized pro bono hours a year. This policy will ensure that lawyers take part in the cause without resulting in financial difficulties.

These are just some suggestions that your law firm can take. We can also learn a thing or two from the best pro bono law firms in the country. You can check our list of these firms in our Special Report on the Best Pro Bono Law Firms in Canada.

2. Retainer letter for specific instances

A pro bono client is no different from a paying client — not just on the treatment of their case — but also on how they should be documented when it comes to their fees.

One suggestion is to provide a letter of engagement or retainer letter even for a pro bono client. This letter will specify any fee arrangements that you and your pro bono client will have as you accept their case.

For instance, it can be agreed in the retainer letter that you’re allowed to recover professional costs and expenses from the costs award or settlement in favor of your pro bono client.

Enter a contingency fee agreement

Related to retainer letters are contingency fee agreements with your pro bono clients. Aside from recovering expenses from the award or settlement, the percentage of professional costs you can recover from it can be your attorney’s fees.

While this only takes effect once you’ve won a case or obtain a settlement, it assures your financially challenged client that they won’t have to pay you anything if you accept their case. However, this is also a gamble on your part; a lost case is also a lost refund of your expenses, other than your professional fees.

Jurisprudence on recovering pro bono lawyer recovering costs

Common law guides us on reimbursement of costs of pro bono lawyers. In the case of 1465778 Ontario Inc. v. 1122077 Ontario Ltd., 2006 CanLII 35819 (ON CA), the court held that “there should be no prohibition on an award of costs in favor of pro bono counsel in appropriate cases.”

The decision also laid out that “[w]here costs are awarded in favour of a party, the costs belong to that party.” But as an exception, pro bono lawyers can make fee arrangements with their clients to recover costs.

There are two positive outcomes when this type of arrangement is allowed according to the court:

  • both paying and pro bono clients will know that they cannot abuse the system without any consequences, such as an award of costs
  • justice is promoted as it encourages more lawyers to work for pro bono deserving cases

Taking a step further in your advocacy, pro bono lawyers are encouraged to donate the recovered costs to legal aid groups.

3. Volunteer with pro bono organizations

There are many organizations, both government-run and private non-profit ones, that connect you with clients who need free legal assistance and representation. Some of these entities can reimburse you for a certain amount of costs, depending on their rules and policies.

For example, the Access Pro Bono Society of British Columbia is a non-profit organization in Vancouver which offers pro bono services in the province. While their work is mostly based on volunteerism, their lawyers who provide pro bono litigation services on certain cases may be reimbursed for allowable disbursements. These are not payment for the lawyer’s services. These reimbursements must be necessary and reasonable so that the reimbursement will be allowed.

The same arrangements are also present in other pro bono organizations. While there’s no financial gain in these cases, you’re assured that you won't use personal funds to advance the case of your pro bono client.

What are the benefits of offering pro bono services?

There are a lot of reasons why pro bono services are important, such as the benefits that you and your firm can get, not only monetarily but also achievements wise.

Explore new practice areas

Because of the diversity of clients that you may be encountering, their issues may involve areas of law which you don’t practice. Instead of denying them your free services, this pro bono work can be an opportunity to explore new legal practice areas.

Limitations when going over new practice areas

As a precaution, you must be aware of some restrictions related to practicing new legal areas for your pro bono work:

Consistent level of proficiency

When you’re taking a pro bono case outside of your area of expertise, it’s still expected that the quality of your work is the same as that when you’re working on a case in your area of expertise. It’s also your responsibility to research the legal matter and ask for help from colleagues in that area of law.

Inter-provincial mobility

Law society rules have no limitation for you to stick to a specific practice of law. However, it can only allow you to practice law in another province or territory, say for a pro bono case you’re working on, subject to inter-provincial mobility rules and after meeting some requirements.

Network for new relationships

Pro bono work exposes you to that area of law which you’re usually not used to. For instance, as you work on a case that involves an area of law you’re not practicing, you can also meet new lawyers as you ask for their help when building up the case. You can also build rapport with court employees and judges outside of your usual legal circle.

Look into opportunities for future paid work

If things go well, your pro bono case can even lead to paid opportunities in the future. The people and organizations you’ve helped can further spread your exceptional work ethic and proficiency as a lawyer. You may be referred to potential paying clients who are within the network of your previous pro bono clients. Again, this all goes back to networking for future opportunities.

Improve your (and your firm’s) reputation

Related to increased billable and paying clients, your participation in pro bono work can help improve your reputation and that of your firm. Having a good reputation results in more referrals, whether they’re paying or pro bono clients. It also improves how you’re perceived by colleagues in the legal profession.

How do pro bono lawyers get paid: looking beyond billable hours

While your clients don’t pay for the work you do pro bono, there are other ways to alleviate your financial needs. These are win-win situations for both you and the in-need client, which go beyond your financial gratification in the pursuit of justice for the underprivileged.

Now that you know how pro bono lawyers get paid, are you considering doing some work in this area? Let us know in the comments below

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