Thursday, January 31, 2013

Pro Bono

Sure, I'm all for U2, too -- that's what many Germans would say if you simply say "Pro Bono?"

What we try to express is the insignificant role of pro Bono legal work around here. We could joke about the incredible number of lawyers in the US and quip that you need to find some work for them, even if they do it for free.

But that would be so grossly misrepresenting reality that even the K-Landnews won't go there.

In reality, doing some pro bono work is an integral part of American legal culture. It is not only accepted but demanded.

Through volunteer work, the US has found ways to provide other services to the poor and the excluded. Not so in Germany, where there are no US style free clinics in Germany either, despite growing numbers of Germans without health insurance. When a single dentist in a major German city spends time and money on providing basic care to the local homeless, that's big national news.

How do the German poor get access to the courts in civil matters?

There is a government program that provides means tested partial relief for legal fees and court costs. And, wouldn't you have guessed, the program is under review to make it "more efficient".

That means the poor person who want to file a suit will have to pay a higher share and the existing criterion "reasonable chance of success" will likely be interpreted in a more restrictive fashion.

They do not have small claims courts here, by the way. And no class action lawsuits.

[Update 5/2015] We recently saw a newspaper report about a group of legal professionals offering pro Bono representation in the city of Cologne. The article said that the maximum value of a claim must not exceed 1 000 Euros for them to take a case. 

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