Delivering pro bono legal services in Latin America

By ECIJA

According to Article 10 of the Universal Declaration of Human Rights, in line with Article 8 of the American Convention on Human Rights, every person has the right, in full equality, to be heard publicly and fairly by an independent and impartial judge to determine their rights and obligations. Thus, access to justice, within the framework of a series of basic guarantees, is a human right in Latin America and worldwide.

Challenges with pro bono legal assistance

1. Access to justice faces several obstacles

Access to justice faces numerous challenges due to deep-rooted inequality, the low income of a large portion of the population, limited education, and the marginalisation of rural areas in many countries. These obstacles highlight the need for expanded access to legal assistance for those from underrepresented or disadvantaged sectors. As a result of these challenges, the pro bono efforts of law firms in Latin America play a crucial role in enhancing access to justice, particularly for individuals facing financial constraints. Without such services, many would be unable to navigate the legal system.

2. Time pressures impact pro bono clients and their families

The complexity of the legal issues involved often requires significant time and a multidisciplinary approach. Moreover, the slow response times from judicial and administrative authorities, coupled with the need to provide consistent and empathetic customer service, make the work even more demanding. Especially, considering that these processes can profoundly impact the lives and well-being of pro bono clients and their families.

3. Commitment from law firms falls short

Without an adequate level of commitment from the law firms, it is difficult to have more lawyers to provide this type of legal assistance. The support of each law firm is essential in terms of determining the number of hours per month that the lawyer can allocate to these issues, the acceptance without discrimination of issues in which the pro bono lawyer can be involved and the recognition of these hours as part of their work. The measurement of pro bono work on law firms is helping to create the space for lawyers to perform this task.

Emerging trends in pro bono practice

1. New technologies support pro bono work in the region

New technologies are enhancing pro bono work in Latin America by automating legal agreements, enabling remote document signing, and optimising resource allocation for social interventions. This innovative approach improves the efficiency of the organisations reaching their goals, transforming the approach to social and environmental challenges in the region. Pro bono legal work through platforms that allow transparency and traceability, reinforces trust and encourages professionals and law firms to redouble their efforts by contributing positively to this virtuous ecosystem.

ECIJA’s commitment to pro bono service

During the pandemic, ECIJA Ecuador launched a pro bono programme specifically designed to support struggling entrepreneurs, many of whom faced severe financial difficulties. This initiative has continued beyond the pandemic, where the firm assists these small businesses with their legal matters, ensuring they receive the support needed to navigate the complex legal landscape.

ECIJA Peru as well as ECIJA Colombia stand out for their commitment to support with pro bono legal assistance high impact projects on issues of special relevance in their territories, facing major challenges related to the fight against illegal mining, human trafficking, deforestation the Amazon, wildlife trafficking, exploitation of indigenous communities, among others.

ECIJA Costa Rica is deeply committed to ensuring access to justice through pro bono initiatives as “Women in Sports” (program of legal assistance in sporting matters for young women who are starting their sporting careers) contributing with gender equality.

Through its pro bono work, ECIJA LEGAL has achieved numerous victories, from securing favorable rulings that recognise the labor rights of individuals to holding multinational corporations accountable. The firm has successfully gathered evidence, proposed new regulations to national and multinational organisations, obtained compensation and damages, opened or closed administrative investigations, and provided critical legal advice.

ECIJA LEGAL has demonstrated its strong institutional commitment to providing pro bono legal services to NGOs, individuals and companies throughout Latin America across various legal fields, including corporate, labor, regulatory, personal data protection, consumer, civil, and commercial law.

In conclusion, ECIJA LEGAL’s pro bono efforts have made a significant impact across Latin America, ensuring access to justice for those from underrepresented or disadvantaged sectors while setting a standard for legal advice and social responsibility.