The pro bono work of solicitors. PC Holder Survey 2014

Transcription

1 The pro bono work of solicitors PC Holder Survey 2014

2 Executive summary 1,517 solicitors were interviewed by telephone during July to October Solicitors were asked about different aspects of their working lives and about any pro bono work they may have undertaken. Solicitors conducting pro bono work Around two-fifths (42%) of solicitors had undertaken pro bono work (using the Pro Bono protocol definition) in the preceding twelve months. A similar proportion of solicitors reported providing pro bono services in the 2013 survey (44%). The proportion of in-house solicitors providing pro bono services had decreased significantly, from 23% in 2013 to 16% in Number of pro bono hours provided Those solicitors who undertook pro bono over the past year, averaged (using the mean) 52 hours of pro bono work. This represents the equivalent of 22 hours each when averaged across all solicitors Financial value of pro bono work The estimated value of pro bono work across all private practice solicitors is 601m, equivalent to approximately 2.8% of the total turnover generated by solicitor firms. This represents an increase in both the value of pro bono work provided in 2013 and in terms of the proportion of total turnover. Within private practice, solicitors at partnership level were more likely to provide pro bono services than other private practitioners. Of those not providing pro bono services in the preceding 12 month, 40% suggested that there were not adequate opportunities to do so. Sixty percent of solicitors working in central and local government stated this compared to 47% of those working in-house and 35% of private practitioners. 2

3 Defining pro bono work The Pro Bono Protocol - the best practice guidelines endorsed by the Law Society, Bar Council and CILEx - defines pro bono work as: Legal advice or representation provided by lawyers in the public interest including to individuals, charities and community groups who cannot afford to pay for that advice or representation and where public funding is not available. Legal work is Pro Bono Legal Work only if it is free to the client, without payment to the lawyer or law firm (regardless of the outcome) and provided voluntarily either by the lawyer or his or her firm. This is a narrower definition than that used prior to 2012, it excludes legal aid work and work undertaken by solicitors who are paid to provide free services. As a result, the 2014 survey findings are directly comparable only to findings since In 2014, 65% of solicitors reported having conducted pro bono work (undefined) at some point in their legal career. 3

4 % of sector doing pro bono work 42% of solicitors had undertaken pro bono work during the last twelve months Forty-two percent of solicitors had undertaken at least one hour of pro bono work, as defined by the Pro Bono Protocol. % of solicitors undertaking pro bono work in past twelve months, by sector ( ) 60 A lower proportion of solicitors working in-house reported having conducted pro bono work in 2014 (16%) compared to those surveyed in 2013 (23%). Solicitors in private practice (69%) were more likely to report there being adequate opportunities to get involved with pro bono work, compared to those in the employed sector (44%) or government (21%) As in 2013, a similar proportion of solicitors from each region and Wales had provided pro bono services in the preceding 12 months. Just 7% of pro bono solicitors reported that some of their pro bono activities were undertaken on behalf of clients based outside of England and Wales. In-house were the most likely to provide pro bono services to clients based overseas In-house Govt Private practice All PC holders 2012 (n=1,503) (n=1,506) (n=1,517)

5 % of firm size Private practitioners in small firms were more likely to have undertaken pro bono work than those in medium and large firms 63% of solicitors working in sole practices reported having conducted pro bono work in the last 12 months compared to 43% of those in the largest firms. Proportion of solicitors providing pro bono work, by size of firm ( ) 80 The proportion of solicitors undertaking pro bono work in firms with partners increased between 2013 and 2014, whilst the proportion of those doing pro bono work in 81+ partner firms decreased compared to 2013 figures. Private practitioners in sole practices (76%) and those in the largest firms (81%) were the most likely to report there being adequate opportunities to undertake pro bono work. * Sole in this report relates to all individual solicitors working in firms with one partner. When using solicitor count as a measure of firm size, single solicitor firms have a lower propensity to provide pro bono services Sole * (n=756) (n=770) (n=783) All 5

6 % of grade undertaking pro bono Partners were more likely to have undertaken pro bono work compared to those in other grades Compared to private practitioners generally, those in equity-partner-equivalent roles were over represented amongst those providing pro bono services. Private practice grade of all individuals doing pro bono compared to all private practitioners The proportion of assistant and associate solicitors undertaking pro bono work decreased compared to 2013 figures, whilst the proportion of those in partnership equivalent positions remained approximately the same. Proportion of private practice grade providing pro bono work ( ) Partner equivalent Assistant/Associate Sole practitioner Consultant Other % of all private practitioners (2013, n=86,840) % of all doing pro bono work (2014, n=783) Assoc/Assi s Equity partner Salaried partner Sole practitioner Consultant 2012 (n=755) (n=770) (n=783) All 6

7 % of solicitors within firm size Nearly one-quarter of pro bono solicitors reported that their firm treated pro bono work as billable Just over half (54%) of pro bono solicitors, within private practice, reported that pro bono activity was not viewed as being billable by their employers, 15% were unsure and 7% reported that they did not account for their time in that way. Proportion of pro bono solicitors working in firms where pro bono work is treated as billable time or, who are unsure of their firm s policy (n=782) Solicitors in the largest firms (81+ partners) were almost twice as likely as those in other firms to report that pro bono hours were treated as billable. Whether or not solicitors were able to treat pro bono work as billable made no difference to the number of pro bono hours provided Sole (n=93) 2-4 (n=145) 5- (146) (n=93) (n=120) 81+ (n=186) All (n=783) Don't know PB treated as billable

8 % of pro bono solicitors The number of pro bono hours provided by pro bono solicitors over the preceding 12 months ranged from one hour to over 350 hours Thirty-nine percent of pro bono solicitors provided over 35 or more hours of legal advice or representation to individuals, charities and community groups who could not afford to pay for that advice or representation and where public funding was not available. Pro bono hours worked, by pro bono solicitors in the previous 12 months ( ) days weeks The average number (using the mean) of pro bono hours worked by pro bono solicitors over the past year was 52 hours. The average for 2013 was 45 hours, but the difference is not statistically significant. In 2014, four individuals reported providing in excess of 600 hours of pro bono services over the previous 12 months. These outliers were excluded from the analysis in order not to skew averages data

9 Around one-third of pro bono solicitors provided one to two days of pro bono services over the previous 12 months Similar to 2013, 31% of solicitors in 2014 had provided one to two days pro bono services over the 12-month period prior to the survey. Average number of pro bono hours, by pro bono solicitors, over last 12 months, by sector Mean ( number of pro bono hours 2012 Mean ( number of pro bono hours 2013 Mean ( number of pro bono hours 2014 Mean number of hours averaged across all solicitors within sector Private practice 49 (25) 46 (20) 53 (25) 26 hours In-house 25 () 35 () 57 (20) 9 hours Government 25 (15) 29 (20) 40 (20) 36 hours All pro bono solicitors Hours averaged across all solicitors 47 (24) 45 (20) 52 (25) 22 hours 18 hours 20 hours 22 hours 9

10 The biggest change in the average number of pro bono hours was evident amongst those at partnership level Within private practice, those in equity-partnerequivalent grades had provided a significantly higher number of hours of pro bono services compared to assistant or associate solicitors. The number of pro bono hours provided by partner equivalents increased on 2013 figures. Average number of pro bono hours over last 12 months, by private practice grade Private practice grade Mean ( number of pro bono hours 2012 Mean ( number of pro bono hours 2013 Mean ( number of pro bono hours 2014 Mean hours averaged across all private practitioners within grade 2014 Equity partner 60 (30) 48 (25) 57 (25) 39 hours Sole practitioners 46 (30) 49 (40) 65 (40) 45 hours Salaried partners 43 (20) 38 (23) 77 (30) 40 hours Assistant/ associates 44 (20) 43 (20) 36 (20) 14 hours Consultants 38 (24) 72 (20) 84 (40) 49 hours All pro bono solicitors Hours averaged across all private practitioners 49 (25) 46 (20) 53 (25) 26 hours 23 hours 23 hours 26 hours

11 Mean pro bono hours Solicitors working in small and medium size firms provided, on average, a higher number of pro bono hours, compared to those working in larger firms The average (mean) number of hours of pro bono work provided by pro bono solicitors decreased as size of firm increased, from an average of 75 hours for those working in sole practices to 38 hours for those in the largest firms. Averaged across all solicitors working in each firm size band, solicitors within sole practices each provided the equivalent of 47 hours, whilst solicitors working in firms with 81+ partners each provided the equivalent of 16 hours of pro bono work. Average number of pro bono hours (mean) by size of firm 2014 (partner count) Sole All private practic e Mean hours (pro bono solicitors) Hours averaged across solicitors within firm size band

12 The financial value of private practice pro bono work is estimated at 601m, or 2.8% of firms total turnover This compares to an estimate for of 528m which was equivalent to approximately 2.2% of the total turnover generated by solicitor firms in Value calculation 2012 (n=308) Average charge out rate 254 ( (n=345) 259 ( (n=312) 256 ( 213 The 2014 calculation is based on the 312 private practice respondents providing an absolute number of pro bono hours undertaken during the past twelve months and their charge-out rate. Average number of pro bono hours Average value of pro bono work (for those providing pro bono services) 49 hours (25 hours 12,446 ( 5, hours (20 hours 12,173 ( 4, hours (25 hours 13,568 ( 5,325 Average value of pro bono work across all private practitioners Total number of solicitors in private practice % of private practice doing pro bono work 5,850 6,087 6,648 87, , , % 50% 49% 1. Source: Law Society Annual Statistical Report Provision figure from Annual Statistical Report Law Society MI data, July Law Society MI data, turnover from Law Society MI data, turnover from inflated by change to the RPIJ. 6. Law Society MI data adjusted by Aug 2014 real turnover forecasts and ONS legal services price deflator Estimated number of solicitors offering pro bono Estimated financial value of private practice pro bono 41,251 43,420 44, m 528m 601m Total turnover 19bn 4 23bn 5 21bn 6 Estimated % of total turnover 2.6% (1.1% 2.2% (0.8% 2.8% (1.1% 12

13 % of sector 40% of solicitors who did not provide pro bono services suggested that there were not adequate opportunities to do so Perceived opportunities for pro bono work varied significantly with sector. Of those who had not undertaken any pro bono work in the 12 months prior to the survey, a higher proportion of government solicitors (60%) reported that there were not adequate opportunities to access pro bono work, compared to 35% of private practitioners and 47% of those working in-house. Preferences for channels through which to deliver pro bono services (across all solicitors) included: employers (62%) personal contacts / interests (42%), law centres (CAB) (24%) existing clients (23%). Law Works clinics (12%) Other sources mentioned were refuges, local councils, charities, law schools and universities, law societies, campaign groups, community groups, advocacy groups and through day-to-day life ( random off-street opportunities ). Reasons mentioned for not doing pro bono work included: employment contracts which did not permit pro bono activities; concerns about whether professional indemnity insurance covered pro bono activities. Are there adequate opportunities for you to do pro bono work? (2014,n=1,516) Private practice (n=389) Government (n=337) In-house (n=300) All (no pro bono, n=1,035) Yes No Don't know

14 Approach During July and October 2014, 1,517 telephone interviews were conducted with Practising Certificate holders in England and Wales. Interviews were conducted on behalf of the Law Society by PCP Market Research Ltd, an independent research agency. Individuals were selected at random from the three sectors (private practice, government and the employed sector ). Data have been weighted by sector, gender and by years of post qualification experience (PQE) to ensure that findings are representative of the population of PC holders on these characteristics. Sample sizes and confidence intervals associated with the random sample are shown in the table on the right. A 95% confidence level has been applied resulting in the following confidence intervals for proportions reported for different sectors and for all PC holders. Confidence intervals are best for results reported across all PC holders we can be 95% confident that the population value falls within a range of plus or minus 2.5% of reported findings. Confidence intervals for the 2014 sample Sector Population (July 2014*) Sample size For comments or queries on the report, please contact joanne.cox@lawsociety.org.uk ( ) C.I + / - % Private practice 90, % Government 7, % Employed sector 16, % All PC holders attached to an organisation * Figures as of 31 July 2014, Law Society MI data 113,979 1, % 14