The pro bono work of solicitors PC Holder Survey 2015
Executive summary 1,502 solicitors were interviewed by telephone between May and August 2015. Solicitors were asked about different aspects of their working lives and about any pro bono work they had undertaken. Percentage of solicitors conducting pro bono work Thirty-seven percent of solicitors had undertaken pro bono work (using the Pro Bono Protocol definition) in the preceding twelve months. Pro bono opportunities Overall, private practice solicitors not providing pro bono services were more likely to report there being adequate opportunities to get involved with pro bono work (48%), compared to those in the employed sector (36%) or government (23%). Number of pro bono undertaken by those doing pro bono work Solicitors who undertook pro bono over the preceding year averaged (using the mean) 52 of pro bono work. This is the equivalent of 19 across all solicitors or 2.5 million across all PC holders. The estimated total pro bono provided by private practitioners during 2014-15 was 2.1 million. Financial value of pro bono work The estimated financial value of pro bono work across all private practice solicitors is 592m, equivalent to approximately 2.4% of the total turnover generated by solicitor firms. Number of matter starts The average matter starts (cases) for pro bono clients, by pro bono solicitors was 9.5. 2
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 work undertaken to supplement legal aid work and work undertaken by solicitors who are paid to provide free services such as those in paid work in charities. As a result, the 2015 survey findings are directly comparable only to findings since 2012. In 2015, 63% of solicitors reported having conducted pro bono work (undefined) at some point in their legal career. 3
% of sector doing pro bono work 37% of solicitors had undertaken pro bono work during the last twelve months Thirty-seven percent of solicitors had undertaken at least one hour of pro bono work, as defined by the Pro Bono Protocol, a statistically significant decline on the 42% reported in the 2014 survey. The proportion of private practitioners that reported providing pro bono decreased from 49% in 2014 to 43% in 2015. Overall, solicitors in private practice were more likely to report there being adequate opportunities to get involved with pro bono work (63%), compared to those in the employed sector (44%) or government (26%). Proportion (%) of solicitors undertaking pro bono work in past twelve months, by sector (2012-2015) 60 50 40 30 20 10 0 In-house Govt Private practice All PC holders 2012 (n=1,503) 18 7 47 40 2013 (n=1,506) 23 12 50 44 2014 (n=1,517) 16 9 49 42 2015 (n=1,502) 21 8 43 37 4
% of solicitors working in firm size Private practitioners in small firms were more likely to have undertaken pro bono work than those in medium and large firms 55% 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 (2012-2015) 80 The proportion of solicitors both in 2-4 partner and 5-10 partner firms undertaking pro bono work decreased significantly compared to 2014. No change was found in relation to the proportion of solicitors from 26-80 partner and 81+ partner firms undertaking pro bono work in 2014 and 2015. Overall, those working 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. 70 60 50 40 30 20 10 0 Sole * 2-4 ptnr 5-10 ptnr 11-25 ptnr 26-80 ptnr 81+ ptnr 2012 (n=756) 68 46 56 41 38 45 47 2013 (n=770) 66 57 56 44 33 51 50 2014 (n=783) 63 55 51 45 41 43 49 2015 (n=755) 55 41 36 55 38 43 43 All 5
% of grade undertaking pro bono A higher proportion of those at partnership level had undertaken pro bono work compared to those in other grades The proportion of assistant and associate solicitors undertaking pro bono work remained the same as found in the 2014 survey, whilst the proportion of equity partners and consultants undertaking pro bono significantly decreased. Proportion (%) of private practice grade providing pro bono work (2012-2015) 80 70 60 50 40 30 20 10 0 Assoc/Assis Equity partner Salaried partner Sole practitioner Consultant 2012 (n=755) 36 63 49 68 59 47 2013 (n=770) 45 62 45 62 62 50 2014 (n=783) 38 69 52 69 58 49 2015 (n=755) 38 51 58 59 34 43 All 6
1 day 2 days 3 days 4 days 5 days 6 days 7 days 8 days 9 days 10 days 11 days 12 days 13 days 14 days 15 days 16 days 17 days 18 days 19 days 20 days 21+ days % of pro bono solicitors The pro bono provided by pro bono solicitors over the preceding 12 months ranged from one hour to over 350 Forty percent of pro bono solicitors provided 35 or more (or more than a week) 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. The average number (using the mean) of pro bono worked by these solicitors over the past year was 52, similar to the 53 found in the 2014 survey. 25 20 15 Pro bono worked, by pro bono solicitors in the previous 12 months (2015) mean 10 5 0 Days (1 day=7 ) 7
Across all solicitors, the average pro bono worked per solicitor during 2014-15 was 19 Average pro bono over last 12 months, by sector 2012-2015 pro bono 2012 pro bono 2013 pro bono 2014 pro bono 2015 number of averaged across all solicitors within sector (2014) number of averaged across all solicitors within sector (2015) Private practice 49 (25) 46 (20) 53 (25) 53 (25) 26 23 In-house 25 (10) 35 (10) 57 (20) 42 (20) 9 9 Government 25 (15) 29 (20) 40 (20) 23 (16) 4 2 All pro bono solicitors 47 (24) 45 (20) 52 (25) 52 (25) 22 19 Hours averaged across all solicitors 18 20 22 19 8
Average pro bono increased only for those in nonpartner positions Within private practice, those in equity-partner-equivalent grades provided a significantly higher of pro bono services compared to assistant or associate solicitors. The average pro bono worked by assistant/associate solicitors increased significantly, from 36 in 2014 to 49 in 2015. Average pro bono over last 12 months, by private practice grade (2012-2015) Private practice grade number of pro bono 2012 number of pro bono 2013 number of pro bono 2014 pro bono 2015 averaged across all private practitioners within grade 2014 averaged across all private practitioners within grade 2015 Equity partner 60 (30) 48 (25) 57 (25) 57 (30) 39 29 Sole practitioners Salaried partners 46 (30) 49 (40) 65 (40) 44 (20) 45 26 43 (20) 38 (23) 77 (30) 51 (30) 40 26 Assistant/ associates 44 (20) 43 (20) 36 (20) 49 (20) 14 19 Consultants 38 (24) 72 (20) 84 (40) 80 (40) 49 27 All private practice pro bono solicitors Hours averaged across all private practitioners 49 (25) 46 (20) 53 (25) 53(25) 26 23 hour 23 23 26 23 9
Solicitors working in small and medium size firms provided, on average, a higher pro bono, compared to those working in larger firms The average (mean) of pro bono work provided by pro bono solicitors decreased as size of firm increased, from an average of 71 for those working in sole practices to 32 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 39, whilst solicitors working in firms with 81+ partners each provided the equivalent of 14 of pro bono work. The estimated total provided by solicitors within private practice was 2.1 million. Average pro bono undertaken by the size of firms that solicitors work in (partner count) Sole 2-4 pts 5-10 pts 11-25 pts 26-80 pts 81+ pts All PP Number of solicitors in firm size band (MI data, July 2015, provisional) (pro bono solicitors) Hours averaged across all within size band Estimated total provided by solicitors in firm size band 7,918 20,422 14,291 9,842 12,485 26,072 91,029 71 64 77 47 45 32 53 39 26 28 26 17 14 23 308,802 530,972 400,148 255,892 212,245 365,008 2,093,667 10
The financial value of private practice pro bono work is estimated at 592m, or 2.5% of firms total turnover This compares to an estimate for 2013-14 of 601m which was equivalent to approximately 2.7% of the total turnover generated by solicitor firms in 2014-15 8. The 2015 calculation is based on the 268 private practice respondents providing their pro bono undertaken during the past twelve months and their charge-out rate. Value calculation (Financial figures have been rounded) 2011-12 (n=308) Average charge out rate 254 ( 215 Average pro bono by pro bono solicitors Average across all private practitioners Average value of pro bono work (for those providing pro bono services) 49 (25 2012-13 (n=345) 259 ( 220 47 (20 2013-14 (n=312) 256 ( 213 53 (25 2014-15 (n=268) 283 ( 240 53 (30 23 23 26 23 12,446 ( 5,375 12,173 ( 4,400 13,568 ( 5,325 14,999 ( 7,200 Average value of pro bono work across all private practitioners Total solicitors in private practice % of private practice doing pro bono work 5,850 6,087 6,648 6,509 87,768 1 86,840 2 90,306 3 91,029 4 47% 50% 49% 43% 1. Source: Law Society Annual Statistical Report 2012 2. Provision figure from Annual Statistical Report 2013 3. Law Society MI data, Annual Statistical Report 2014 4. Law Society MI data, July 2015 5. Law Society MI data, turnover from 2010-11 6. Law Society MI data, 2015 7. Law Society MI data adjusted by Aug 2014 real turnover forecasts and ONS legal services price deflator 8. Law Society MI data adjusted by Aug 2015 real turnover forecasts and ONS legal services price deflator Estimated solicitors offering pro bono Estimated financial value based on figures averaged across the profession 41,251 43,420 44,250 39,142 513m 529m 601m 592m Total turnover 19bn 5 21bn 6 23bn 7 25bn 8 Estimated % of total turnover 2.7% (1.1% 2.5% (1.9% 2.6% (2.2% 2.4% (2.8% Total pro bono by private practitioners 2.0m 2.0m 2.3m 2.1m
Pro bono solicitors recorded on average 9.5 pro bono matter starts 294 pro bono solicitors were able to provide their total pro bono matter starts for the previous twelve months. Pro bono solicitors recorded on average (using the mean) 9.5 pro bono matter starts. Higher average matter starts were recorded by those working in private practice (9.5 matter starts) and inhouse (7.3 matter starts) compared to the average of 3.0 matter starts recorded by those working in government. Within private practice, average matter starts varied by size of firm, with those in smaller firms recording the highest average compared to those in medium and large firms. This reflects the pattern in pro bono worked, by size of firm (page 10). Pro bono solicitors working in large firms were more likely to report matter starts for organisations, compared to those working in small and medium sized firms. Overall, 93% of matter starts were for domestic clients, for either individuals or organisations based in the UK. Almost three-fifths (59%) of pro bono solicitors (recording one or more matter start) provided pro bono services exclusively to individual clients. Average (mean) matter starts, by sector and size of firm Average matter starts (individual) Average matter starts (organisations) Average matter starts (all clients) Private practice 6.1 1.2 9.5 Government 2.2 0.7 3.0 In-house 8.6 1.2 7.3 All 8.3 1.2 9.5 Size of firm (partner count) Sole 13.6 0.2 13.7 2-4 partners 18.4 0.5 19.0 5-10 partners 4.5 1.0 5.5 11-25 partners 7.9 1.9 9.8 26-80 partners 4.1 1.6 5.8 81+ partners 2.1 1.7 3.8 All 9.6 1.2 9.5 12
% of non-pro bono solicitors in sector 43% 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 by sector. Of those who had not undertaken any pro bono work in the 12 months prior to the survey, twothirds of government solicitors (67%) reported that there were not adequate opportunities to access pro bono work, compared to 38% of private practitioners and 49% of those working in-house. Are there adequate opportunities for you to do pro bono work? (2015,n=1,068) 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Private practice (n=431) Governme nt (n=327) In-house (n=310) All (nonpro bono (n=1,068) Yes 48 23 36 44 Don't know 13 10 15 13 No 38 67 49 43 13
Appendix - Methodology During May to August 2015, 1,502 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 since admission 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 2.51% of reported findings. Confidence intervals for the 2015 sample Sector Population (July 2015*) Sample size For comments or queries on the report, please contact joanne.cox@lawsociety.org.uk (020 7320 5892) C.I + / - % Private practice 90,074 755 3.55% Government 6,791 354 5.07% Employed sector 16,837 393 4.89% All PC holders attached to an organisation * Figures as of April 2015, Law Society MI data 113,702 1,502 2.51% 14