The Future of Pro Bono in the Middle East: A Call to Action

Promoting Access to Justice; The importance of pro bono legal work in the Middle East

This piece has been authored by Dr. Awmaima K Amrayaf - Senior Impact Adviser at DLA Piper and PILnet Global Board Member

Growing up in the MENA region, I witnessed first-hand how access to justice can often feel more like a privilege than a fundamental right. Many people and communities struggle to find legal representation, especially for issues such as refugee rights, labor disputes, and gender-based violence.

The legal profession has an important role to play. Lawyers have a duty to ensure the justice system operates fairly and effectively for all parts of society, especially vulnerable people.

In my role at the international law firm DLA Piper and the global NGO PILnet, two great organisations that truly champion pro bono work, my eyes were opened to just how powerful pro bono legal efforts can be. The impact of pro bono work extends well beyond the individual client. Pro bono work frequently addresses wider systemic issues, draws attention to injustice, leads to the creation of legal aid systems and community law centres, facilitates understanding and integration between different parts of society, and is very often a positive experience for the lawyers involved.

However, as I reviewed the 2024 TrustLaw Index of Pro Bono, I noticed a stark contrast within the MENA region where some countries are making significant progress while others are falling behind.

As a passionate promoter of pro bono initiatives in this region, I find myself both excited by the opportunities ahead and acutely aware of the challenges that still exist.

MENA’s pro bono landscape

The 2024 TrustLaw Index of Pro Bono provides a compelling snapshot of pro bono activity in law firms across the MENA region. Some firms, particularly those in the UAE, Qatar, and Saudi Arabia, are setting new benchmarks, with Shearman & Sterling LLP (62.9 hours per fee-earner, 75% participation) and Latham & Watkins LLP (45 hours, 78.2% participation) leading the way.

However, the data also highlights deep disparities. In Egypt, Lebanon, Iraq, and Morocco, firms report little to no pro bono engagement. While some obstacles exist in those countries, non are unique nor insurmountable, and lessons from neighboring countries, including regulatory reforms and improved pro bono infrastructure may provide simple and effective solutions that can unlock the dormant pro bono capacity in the region.

How can international law firms bridge the gap?

International law firms, particularly those with established pro bono practices, have a key role to play in increasing pro bono activity in MENA. Below are some suggestions for how they can make a difference:

1. Training and capacity-building for local lawyers

One of the major challenges in the MENA region is the lack of structured pro bono training. International firms can make a significant impact by:

• Hosting workshops on public interest litigation, asylum law, and labor rights that are open to local lawyers.

• Collaborating with local firms on pro bono projects, especially during the planning phases of any pro bono initiative.

• Offering internship opportunities to junior-level local lawyers to collaborate with and learn from the international firms’ global pro bono teams. 

2. Cross-border collaboration and virtual legal aid

Many jurisdictions in the MENA region face significant domestic legal aid shortages, particularly for migrant workers, refugees, and women experiencing domestic abuse. International firms can help by:

• Partnering with regional NGOs to offer free legal representation in critical cases.

• Work with pro bono clearinghouses that specialise in cross-border legal assistance.

• Providing written “primers” to help local lawyers feel more comfortable with and knowledgeable about areas of law they do not normally practice (e.g., refugee law).

3. Encouraging local law firms to institutionalise pro bono within their organisations

Pro bono work cannot flourish based on solely the initiative of individual lawyers. A vibrant and sustainable pro bono culture will require an institutional commitment from local law firms. This will require the business case for pro bono in MENA to be carefully and frequently articulated. International firms can assist by:

• Sharing best practices for integrating pro bono into the firm’s culture.

• Publicise the ways in which pro bono work benefits firm lawyers, enhances a firm’s reputation, and contributes to fulfilling a firm’s practice goals.

• Advocating for bar associations to acknowledge pro bono hours for professional accreditation.

• Supporting policy reforms to create a more conducive environment for pro bono work.

Challenges ahead

Despite these opportunities, international firms operating in the MENA region face some limitations:

• Regulatory Hurdles - Some countries restrict foreign lawyers from providing legal advice, which limits cross-border pro bono engagement.

• Political Ineptitude - International firms often lack confidence in navigating the complex political landscape of the MENA region. This is particularly challenging when delivering pro bono services, as collaboration with government stakeholders is essential to identify appropriate areas of focus. The region's political sensitivities, especially in cases involving freedom of speech or labor rights, can be controversial and require careful handling to manage legal and reputational risks.

• Cultural Barriers - In the MENA region, cultural norms can pose significant challenges for pro bono work. Cultural sensitivities around certain human rights issues, such as gender equality and freedom of expression, require careful navigation to ensure that pro bono efforts are both respectful and impactful. International firms must be mindful of these cultural nuances to effectively support local communities.

Opportunities

The MENA region is fertile ground for the establishment of a thriving pro bono culture to emerge. There are already several promising factors:

• High unmet legal needs in low-income communities.

• Nearly 2.4 million refugees under UNHCR's mandate as of mid-2024.

• Significant immigration trends.

• Post-Arab Spring political changes and legal reforms improving access to justice.

• Availability of comprehensive legal research resources like LexisNexis Middle East.

• In religious culture, helping people who are in need is a virtuous act and an essential part of one’s faith, and giving is seen as a duty. The culture across the MENA region is therefore conducive to pro bono, if framed correctly.

The UAE as a model for the region

The United Arab Emirates (UAE) is becoming a regional leader in pro bono legal services. With a large and diverse legal community that includes many international law firms, the UAE is cultivating a growing culture of pro bono engagement, even in the absence of national regulations or frameworks for such work.

Several key initiatives that have helped shape the pro bono landscape in the UAE, including:

• The Government of Dubai has launched the Voluntary Legal Services Smart Portal, an online platform that connects pro bono service providers with individuals in need of free legal assistance. This initiative bridges the gap between lawyers willing to volunteer and those who require legal assistance.

• The Dubai International Financial Centre runs a pro bono program that offers free legal advice on civil matters within its jurisdiction, enhancing access to justice for individuals and businesses.

• The Dubai Pro Bono Roundtable is an informal network of international and regional law firms that meet to discuss pro bono opportunities and share best practices, further strengthening Dubai’s pro bono culture.

The 2024 TrustLaw Index of Pro Bono highlights a steady increase in pro bono participation among UAE-based law firms.:

• 34% of fee earners engaged in pro bono work in 2024, compared to 32% in 2022.

• Average pro bono hours per fee earner increased from 8.3 hours in 2022 to 10.4 hours in 2024.

• 21% of fee earners recorded 10+ hours of pro bono work in 2024, up from 20% in 2022.

• 33% of partners contributed to pro bono work in 2024, although their average number of pro bono hours declined from 12.1 in 2022 to 7.3.

These trends suggest that although overall participation is on the rise, there is still a need for greater partner engagement to sustain pro bono efforts at the highest levels within firms.

International firms with offices in the UAE are concentrating their pro bono efforts on these key areas:

• Access to Justice (74%): Supporting individuals who lack legal representation.

• Immigration, Refugee & Asylum Cases (58%): Addressing critical legal needs for displaced individuals.

• Human Rights Issues (50%): Ensuring fundamental rights are protected through legal advocacy.

An impressive 97% of international firms operating in the UAE have formalised their pro bono efforts, ensuring structured engagement. More than half (58%) have implemented all core elements of a pro bono infrastructure, which typically include:

• Dedicated pro bono policies

• Pro bono committees or coordinators

• Billable credit for pro bono work

The UAE’s progress shows that even without a national regulatory framework, a strong pro bono culture can thrive through a combination of government support, law firm initiatives, and collaborative networks. The current challenge is to expand participation, and leadership, and ensure other MENA jurisdictions can replicate and scale similar initiatives.

A call to action: the future of pro bono in MENA

The 2024 TrustLaw Index of Pro Bono makes one thing clear: while progress has been made, there is still much work to be done. International law firms, local firms, and bar associations must collaborate with other stakeholders to build a more equitable legal system.

In the MENA region, the spirit of pro bono work truly resonates with the values of community support and altruism that are so central to Arabic and religious traditions. By nurturing a culture of pro bono work in the MENA region, our communities can be strengthened, and the noble principles of compassion and generosity that are deeply rooted in Arabic and religious traditions can be upheld.

Together, we can make a significant difference and ensure that justice is accessible to all, reflecting the true spirit of the region.

Dr. Awmaima K Amrayaf (Senior Impact Adviser at DLA Piper and PILnet Global Board Member)