“The right thing to do”: An insight to pro bono at Travers Smith

Ahead of National Pro Bono Week on 6th-10th November 2023, AllAboutLaw caught up with Sam Cottman Partner and Head of Pro Bono, and some of his colleagues to learn about the Pro Bono practice at Travers Smith.

Pictured above: Sam Cottman, Pro Bono Partner. 

It is clear that pro bono is of paramount importance to Travers Smith. The firm has a dedicated Pro Bono Department consisting of 2 full-time lawyers - including one of the few Pro Bono Partners at a UK law firm - who manage the firm's Pro Bono Practice. The firm knows how to utilise its strengths to address “the most pressing needs of society locally and globally” whilst continuing to provide a full-service of world-class legal services to their commercial client base.

In what areas does Travers Smith provide pro bono advice and representation?

Our pro bono practice is structured around four pillars:

1. Climate, environment, and sustainability

2. Diversity, inclusion, and social mobility

3. Vulnerable groups (Refugees, Human Trafficking, Domestic Abuse and Homelessness)

4. Rule of Law

Why has Travers Smith chosen these areas and causes in particular? 

Travers Smith is a law firm made up of diverse and talented individuals. It is committed to using its legal capabilities to address environmental risk and promote sustainability, to defend the vulnerable and promote a positive and inclusive global society where opportunities are available to all and the rule of law is respected. 

How do pro bono cases work behind the scenes? How can trainees get involved with pro bono work at Travers Smith? What is the process?

All pro bono matters are run in precisely the same way as paid work. Everything is supervised by associates and partners with further overall supervision provided by Pro Bono Partner, Sam Cottman.

Every department will have a pro bono committee focussed on delivering pro bono projects within that department and in line with the firm's goals. Trainees are actively encouraged to take on pro bono matters throughout their training contract. As part of their induction, trainees will be given a talk from the Pro Bono Department about what projects are available to them when they join the firm and in each new department. The firm will then try to accommodate their preferences as far as possible.

How does the pro bono work that Travers Smith does benefit commercial relationships? Are there particular causes, for example, that Travers Smith can align with its clients on to go even further? 

We do not take on pro bono work for commercial gain. We do it because it is the right thing to do and because our lawyers feel passionate about the issues in question. 

That being said, we are increasingly seeing opportunities to partner with our commercial clients on pro bono projects. Examples include (i) partnership with Bloomberg and a number of other law firms as part of the Green Tech Legal Collaborative, where lawyers provide 'green tech' startups with pro bono advice and (ii) working with one of our VC clients, Molten Ventures, to deliver a 'Pitching for Investment Masterclass' to a group of impressive startup founders on Foundervine's Barclays Black Founder Accelerator 4.0 programme. 

The most natural example of shared value to the cause and firm is within the climate, environment and sustainability pillar of our practice. The work we do in this space benefits the cause but is also of great interest to our commercial clients who are increasingly needing to pivot their investments and corporate structures towards sustainable investments and the transition to a greener economy.

How does the pro bono work that Travers Smith undertakes align with the firm’s culture and working practices? 

The firm's culture is one of mutual respect. We respect people from all backgrounds and appreciate our fortunate place in society. We understand that as lawyers we have the ability to have a significant impact on some of the issues that we are facing. We, therefore, target the most impactful partnerships and legal work within the pillars of our programme in order to make positive change. 

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Jagoda Kochan, Trainee in Private Equity and Financial Sponsors

Tell us about a pro bono case you have worked on during your training contract.  

The Domestic Abuse Response Alliance (DARA) was founded in 2022 by Sam Cottman. DARA is a multi-firm advocacy alliance that was created to obtain protective injunctions for survivors of domestic abuse who are ineligible for legal aid and who cannot afford to pay for private representation: the Domestic Abuse Response Alliance (DARA): www.daraproject.org.

During my seat in Dispute Resolution, I assisted on a DARA case. The client was seeking to obtain a non-molestation order (NMO) – a protective injunction – against an abusive family member. Over a period of five months, the team (consisting of myself, two associates, and a supervising partner) acted pro bono for her and had the opportunity to observe the case from inception to its successful conclusion.

The first stage of this case involved applying for the NMO on a without-notice basis. My responsibilities included preparing the application notice and exhibits, attending proofing sessions with the client, and assisting with the preparation of the witness statement and the draft order. The application was successful, the NMO was served on the respondent, and a return hearing was scheduled in the Family Court. Over the course of the legal proceedings, we attended two hearings in the Family Court. Our objective was to make the NMO final and to include the client's child under its protections. Despite a host of complications and the court's need to balance protections for the applicant with the rights of the respondent, we achieved success at the final hearing. The client's protections were granted indefinitely.

What has been the impact of this pro bono work?

My involvement in the hearing preparation included preparing bundles, communicating with the court, assisting with the drafting of a chronology, case summary, and position statement. I was also charged with taking notes during both hearings and was a primary contact point for our client. Watching my colleagues advocating in court provided a fascinating glimpse into the preparation of submissions and advocacy.

This case has been an extraordinary learning experience; I was given a lot of responsibility and, although it was a significant departure from a commercial dispute case, it provided me with a chance to enhance the skills that will be vital throughout my career as a lawyer. Above all, it served as a priceless reminder of the importance and impact of pro bono initiatives. As lawyers, we are privileged with the responsibility of assisting clients through complex legal processes and provoking positive change in their lives. I'm incredibly grateful for this experience and eagerly anticipate employing these lessons throughout my impending legal career.

Samanzahra Shabbir, Senior Associate in Corporate M&A and ECM

Tell us about a recent pro bono project you've worked on.

JUSTICE is a law reform and human rights organisation whose efforts are directed to strengthening the UK's justice system. In 2020-2021, Travers Smith acted on JUSTICE's investigation into the over-representation of Black, Brown and racialised youths in the Criminal Youth Justice System (the "CYJS"), which culminated in the production of an extensive report (here). In Autumn 2022, Travers Smith began a new research project with JUSTICE which was geared towards better understanding the impact of the criminal justice system (CJS) on Black, Brown and racialised girls and women, particularly young women. 

The pro bono work took the form of a wide-ranging and extensive research project which analysed existing legislation, procedures, guidance, and statistics that relate to and/or impact Black, Brown and racialised girls and young women in the CJS so as to identify any gaps in research and data, consider further practical recommendations that could be adopted to improve their experiences, reduce levels of discrimination, and ensure that they receive any help and support needed. Topics covered include domestic abuse, modern slavery, arrests, custody and remand, safeguarding and diversion programmes.

This research project is the largest pro bono project that Travers Smith has conducted to date. It involved lawyers in a number of different departments across the firm, including Tax, Corporate, Derivatives & Structured Products and Dispute Resolution. 

Working on this research project was both personally and professionally rewarding. I wanted to get involved with the project so as to meaningfully give back to our society in a way which put my legal skills and abilities to good use. Researching into the safeguarding measures in place for Black, Brown and racialised girls and women in the CJS was eye-opening and I hope that our efforts, which break new ground, will materially assist JUSTICE in their ongoing efforts to shape a fairer, more accessible and more equal justice system.

Ariana Shaw, Trainee in Dispute Resolution

Tell us about one of the pro bono clients you've worked with as a trainee and the work you've done for them.

Colours Caribbean is a Cayman Islands-based non-profit organisation that advocates for the rights of the LGBTQIA+ community across the Caribbean. Since late 2019, Travers Smith has assisted Colours Caribbean pro bono in its efforts to advance the rights of same-sex couples in the Cayman Islands. The Cayman Islands is a British Overseas Territory in the Caribbean, and the application of the European Convention on Human Rights ("ECHR") has been extended to the Cayman Islands.

In April 2023, Travers Smith assisted Colours Caribbean in applying for judicial review of section 14(1) of the Cayman Islands Constitution Order 2009 ("CICO 2009"): "14.–(1) Government shall respect the right of every unmarried man and woman of marriageable age (as determined by law) freely to marry a person of the opposite sex and found a family.” Section 14(1) of the CICO 2009 was introduced in a form that did not provide for equal protection for same-sex marriage. The respondent to the application was the Secretary of State for Foreign, Commonwealth and Development Affairs. 

In summary, Colours Caribbean's primary position was that it was irrational to introduce the CICO 2009 in a form which did not provide for equal protection for same-sex couples. Additionally, it was submitted that it was procedurally unfair to introduce the CICO 2009 in that form in circumstances where the consultation process failed to properly consider the views of LGBTQIA+ people. It was also submitted that s.14(1) CICO 2009 violates Article 12 and Article 13 of the ECHR alone, or in conjunction with Article 14.  

Travers Smith has also been acting for a Caymanian resident in a related application to the European Court of Human Rights in Strasbourg. The applicant asserts that the UK's failure to provide for a right to same-sex marriage in the Cayman Islands amounts to a breach of her rights under the ECHR.

It has been incredibly rewarding and interesting to be able to assist on this matter. Throughout, I have helped to prepare applications and to prepare for hearings, and conducted research in relation to European human rights law. I also attended the permission for judicial review hearing at the Royal Courts of Justice. Whilst assisting on this project, I have gained an invaluable insight into how barristers, solicitors and clients have worked together to form legal arguments and present these before the Courts. Above all, it has been incredibly fulfilling to witness the direct positive impact that this pro bono work can have for our clients and the wider community in the Cayman Islands.

Michael Ross, Senior Counsel in Technology & Commercial Transactions

Tell us about the type of pro bono work that your department does and your typical pro bono clients.

The breadth of our practice in the Technology & Commercial Transactions Department and our depth of experience across many sectors allows us to assist a wide range of charities and other pro bono clients with various aspects of their business, including drafting and negotiating commercial contracts, intellectual property advice (including the protection and licensing of trademarks, copyright and other IP rights), IT projects and data protection advice. This has meant that we have been able to, and regularly continue to, support a large number of pro bono clients with very interesting matters, which gives our junior lawyers and trainees plenty of opportunity to draft contracts, deliver advice and work directly with clients on projects which make a genuine difference to society.

Some of our department's pro bono clients in the last few years include: Refugees at Home, the International Refugee Assistance Project, ThinkForward, Equality Now, Just Like Us, YMCA London City and North, GiveOut, Foundervine, Refugees at Home, Breaking Barriers, Refuge, Chatterbox, Justice & Care, The Felix Project, Charity: Water, The Kafue Foundation, Ukrainian Action and UK for UNHCR. We have also contributed to workshops led by The Chancery Lane Project and the Green Finance Institute.

Two examples of particularly impactful work are as follows:

Charity: Water

Charity: Water is a non-profit organisation that has the ultimate goal of ending the global water crisis by bringing clean and safe drinking water to everyone who needs it. It does so by working with its partners to fund water, sanitation and hygiene programmes for rural communities around the world.

Our work for Charity: Water has principally drawn upon our commercial contracts expertise. We revamped the charity's template commercial participator agreement which it uses to partner with small to medium-sized businesses who wish to pledge their support through donations linked to revenue or sales of specific products – for example, by way of a percentage of revenue or a fixed donation per product sold. These agreements have proved hugely successful in raising funds for the water projects co-ordinated by the charity.

The Kafue Foundation

The Kafue Foundation is a registered charity and supports conservation and community initiatives within the Kafue National Park, Zambia. The Kafue Foundation aims to achieve its charitable purposes by working with local communities and partnering with new and established conservationists to protect endangered species, increase sustainability and reduce human-wildlife conflict.

Our work for the Kafue Foundation has involved drafting and negotiating a partnership agreement with a Zambian NGO to facilitate a project to combat the increasing trend and severity of illegal poaching in the Musekese-Lumbeya area of the Kafue National Park. As the Kafue Foundation relies on donations to fund its projects, we also prepared a due diligence checklist to assist the foundation with its fundraising activities and the vetting of its donors.

Why do you think it is important that your department participates in pro bono projects?

At Travers Smith, not only is pro bono work important to us within our various departments and as a firm, but it is hugely important to each of us as individuals to be doing the right thing and to use our expertise to help others. The purpose of pro bono legal advice is not to use it as a marketing tool or a badge of honour and it is not just about "giving back"; fundamentally, it is about providing access to legal services to people, organisations and communities who would otherwise be unable to access it or afford it, being those who tend to need it the most.

Applications for Travers Smith’s Vacation Schemes are currently open. To apply and find out more please visit the firm’s graduate recruitment site. 

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