Advancing Public Interest Litigation Together

Non-Profits and Firms Working in Partnership

Advancing Public Interest Litigation Together

Partnerships between non-profit legal organizations and law firms can be powerful tools for advancing public interest litigation. These partnerships can harness the distinct and complementary strengths of each partner and amplify their collective ability to advance the rights and interests of affected individuals and communities. This article describes the nature and benefits of these partnerships and some recent examples of these partnerships in action.

Harnessing Complementary Strengths

Driven by a mission to serve marginalized communities and promote social justice, non-profit legal organizations are often at the forefront of public interest litigation. These organizations often have deep-rooted expertise in specialized areas of law and close relationships with affected communities. This gives them a unique perspective on the challenges these communities face and how to advance their rights and interests.

Law firms are also important players in public interest litigation. Law firms of any size — from sole practitioner firms to large firms — can contribute their litigation experience, advocacy skills, and research capabilities to advance the rights and interests of affected individuals and communities through public interest litigation. These experiences, skills, and capabilities can be invaluable assets that complement the on-the-ground experience and expertise of non-profit legal organizations.

Collaborative partnerships between non-profit legal organizations and law firms can be powerful tools for advancing public interest litigation. These partnerships can harness the distinct and complementary strengths of the organizations to create a dynamic and well-rounded litigation team. But the benefits of these partnerships extend well beyond the courtroom. By joining forces, these organizations can leverage their respective strengths and abilities to influence policy reform, raise public awareness, and promote social change.

Moreover, these partnerships can promote professional development. Lawyers from law firms can gain firsthand experience in public interest litigation and learn about social justice issues from those on the front lines. And lawyers from non-profit organizations can enhance their litigation skills and develop lasting relationships with lawyers in private practice. In these partnerships, everybody wins.

Recent Examples of Partnerships in Action

One recent example of this kind of partnership in action is Council of Canadians with Disabilities v. British Columbia (Attorney General). This ongoing public interest litigation challenges B.C. laws that permit physicians to detain involuntary patients for treatment without their consent. The litigation team for Council of Canadians with Disabilities brings together organizations committed to advancing the rights and interests of people with mental disabilities. These organizations include Community Legal Assistance Society, a non-profit legal aid society that, since 1977, has provided legal services to people who have been involuntarily detained under the B.C. Mental Health Act, and McCarthy Tétrault LLP.

Another recent example is the partnership between counsel for the Centre for Family Equity (formerly known as the Single Mothers’ Alliance) in Single Mothers’ Alliance of BC Society v. British Columbia. This public interest litigation challenged the constitutionality of the legislative scheme authorizing and determining British Columbia’s family law legal aid regime. The litigation team included Monique Pongracic-Speier, KC and lawyers from West Coast LEAF, who devoted countless hours to the litigation. Their efforts recently resulted in a landmark settlement that includes a $29 million legal aid expansion for people experiencing family violence.

These partnerships illustrate how collaboration between non-profit legal organizations and law firms of all sizes can advance the rights and interests of marginalized groups through public interest litigation.