A4ID’s broker service

This Governing Code sets out how A4ID and its legal and development partners participate in A4ID’s pro bono broker service.

Through its broker service, A4ID refers requests for legal advice and assistance to its legal partners. These requests are known as ‘projects’. A4ID facilitates the provision of legal advice and assistance by legal partners to development partners.

Legal partners include law firms, barristers’ chambers, corporations and government departments with in-house lawyers, legal academics and individual members of the Bar.

Development partners include but are not limited to developing country governments, development NGOs, inter-governmental organisations, developing country bar associations, community groups, social entrepreneurs and social enterprises.

Unless otherwise clearly and explicitly agreed in advance with A4ID, all legal advice and assistance carried out through A4ID is conducted on a pro bono basis.

The client/lawyer relationship will be between the legal partner involved and development partner on whose behalf work is referred. A4ID does not carry out any legal work.

A4ID’s legal partners acknowledge and agree that in the event of any claim being made in respect of a project on which they work, they will not seek to claim against or join A4ID, its directors, trustees or officers or their employers in any action.

A4ID’s development partners acknowledge and agree that the legal partners to which they are referred are solely responsible for all legal work on projects.

Quality standards

Those legal partners that take on project work with A4ID agree to do so on the same basis as they take on fee earning work except no charge will be made for the legal services. No distinction will be made by them between fee earning and pro bono work as regards the professional standards to be applied. All work will be properly resourced, with the right mix of skills and gearing to effectively manage the work within the time frame and to the project requirements of the development partner.

Project letters

For each project, A4ID will produce a project letter to the legal partner and to the development partner:

Confirming which legal partner will do the work and providing contact details for those involved;

Outlining the development partner’s general requirements;

Indicating who the development partner contact is for the particular matter; and

Noting the A4ID project contact who will be responsible for assisting both partners with any relationship issues.

For each project, any law firm carrying out the work will produce and send to the development partner (who will be their client) their own letter of engagement outlining in detail all the terms on which work will be done. This will include:

A description of the work to be done;

Details of those lawyers who will be involved in acting on the development partner’s behalf including details of who will have overall responsibility for the advice or assistance provided;

The circumstances in which the relationship can be terminated;

Confirmation that work will be pro bono and whether there will be any charge for expenses and, if so, which expenses;

Confirmation of whether and, if so, to what extent, the firm’s liability to the client is excluded and/or capped; and

If relevant, the role of any in-house lawyers working on the project.

The letter and all communications to the development partner should demonstrate that the work will be done by lawyers who are adequately trained, have appropriate skills and experience and are properly supervised, and that the work will be done to the same professional standards as apply to paid work.

For each project where counsel is involved in accepting the instruction, counsel acknowledges and will confirm to the development partner:

The circumstances in which the relationship can be terminated;

Confirmation that work will be pro bono and whether there will be any charge for expenses and, if so, which expenses; and

Confirmation of whether and, if so, to what extent, counsel’s liability to the client is excluded and/or capped.

All communications to the development partner should demonstrate that the work will be done by counsel who are adequately trained, have appropriate skills and experience and are properly supervised, and that the work will be done to the same professional standards as apply to paid work.

Accreditation and sharing information

A4ID recognises the importance of proper accreditation and use of work in line with the interests of the development partner, the legal partner and A4ID. All project information is treated as confidential by A4ID and its legal partners unless the development partner agrees otherwise. If relevant permission is given, A4ID agrees to mention the role of each partner in a project when referring to it publicly.

Although A4ID encourages its development partners to allow publicity about a project where appropriate, A4ID’s legal partners agree not to mention a project publicly without the consent of the development partner, nor to make publicity a condition of acting pro bono unless that is agreed prior to being allocated the project by A4ID. If a legal partner does mention a project publicly, it agrees to refer to the role of A4ID in the project.

A4ID’s development partners also agree not to make known the role of a legal partner in a project to any other person or organisation unless the legal partner has agreed. If a development partner does mention a project publicly, it agrees to refer to the role of A4ID in the project.

A4ID’s development partners agree that legal partners working on their projects may discuss the conduct of the project(s) with A4ID. A4ID agrees to keep confidential any information learned from any such disclosures.

Taking into account the paragraphs above, those who take on project work through A4ID acknowledge the benefits of A4ID maintaining and developing know-how from the transactions that it brokers. Those working with A4ID agree that where appropriate they will assist A4ID by providing it with project related know-how, for example, for use on its online resource centre, subject at all times to client confidentiality being maintained. A4ID recognises that it will usually not be appropriate to share advice specific to the circumstances of one development partner, especially where it might be mistakenly interpreted by others to apply to them.

For each project where counsel is involved in accepting the instruction, counsel acknowledges and will confirm to the development partner:

The circumstances in which the relationship can be terminated;

Confirmation that work will be pro bono and whether there will be any charge for expenses and, if so, which expenses; and

Confirmation of whether and, if so, to what extent, counsel’s liability to the client is excluded and/or capped.

All communications to the development partner should demonstrate that the work will be done by counsel who are adequately trained, have appropriate skills and experience and are properly supervised, and that the work will be done to the same professional standards as apply to paid work.

Monitoring and evaluation

A4ID seeks to ensure it properly monitors and evaluates the services it provides, assessing the value and impact it is delivering as a charity, providing feedback to its funders and constantly improving its performance. To do this, it requires the support of its partners.

A4ID’s development partners agree to treat the in-kind support provided through A4ID and by its legal partners with the same respect as they would treat financial support. Accordingly, development partners agree to provide comprehensive feedback to A4ID on each project for which lawyers are found, in a timely manner when requested. This will usually involve a phone call with A4ID for up to one hour every six months until the project is completed. A4ID will share this feedback with the legal partner(s) concerned so that they can appreciate the impact of their work and learn from any issues arising.

Should there be any problems or delays with the project, A4ID’s development partners also agree to communicate promptly with the contacts provided by the legal partner (usually a Partner and/or CSR Manager.)

Should this not resolve the matter satisfactorily, development partners agree to contact A4ID immediately.

A4ID’s legal partners agree to provide to A4ID the number of hours spent by their lawyers on A4ID projects on an annual basis when requested.

From time to time, A4ID conducts in-depth evaluations of its services. A4ID’s development partners and legal partners agree to cooperate with A4ID in providing information about its services provided when reasonably requested.