Pro Bono Practice and Opportunities in Guatemala

The legal profession in Guatemala is governed by the bar association, Colegio de Abogados y Notarios de Guatemala. The bar provides rules on professional ethics and requirements for admission to the bar.^[2]
In addition to the code of ethics provided by the bar association, lawyers are regulated by law under Ley de Colegiación Profesional Obligatoria.^[3] This law codifies the nature and scope of the legal profession in Guatemala, as well as the requirements for becoming a legal professional. It also codifies the ethical standards and principles to which the Colegación Profesional should adhere. Lawyers’ fees in Guatemala are regulated by Decree 111-96.^[4]

To practice law in Guatemala, lawyers need a legal degree and need to pass an exam.
Lawyers will then apply for and be sworn into the bar association, Colegio de Abogados y Notarios de Guatemala, which was established by Decree 72- 2001 (Ley de Colegiación Profesional Obligatoria) of the Congress of the Republic of Guatemala and must register and be sworn in by Guatemala’s Supreme Court of Justice.^[5] A lawyer can only practice law in Guatemala if they are licensed by the bar association and Guatemala’s Supreme Court of Justice.

Under Article 87 of the Guatemalan Constitution, a foreign lawyer’s degree can be recognised by the University of San Carlos de Guatemala for purposes of practicing in Guatemala.^[6] A foreign lawyer would then need to take and pass a bar exam in Guatemala or provide 1,600 hours of social service before applying to the bar.^[7]

The provisions described related to the exercise of the legal profession apply equally for independent lawyers and lawyers working as in-house counsel.

Article 12 of the Constitution says a “defense of the person and his [or her] rights are inviolable” and that each person has a right to be heard in a legal process.^[8]

The provision of pro bono legal services in Guatemala, unlike the right to legal assistance,^[9] is not specifically accounted for in any regulations, nor is it required. There are no legal limits as to the provision of pro bono legal services.

No additional licence is required to provide pro bono legal services beyond the requirements for all legal practice.

Through authorised institutions such as Bufete Popular ^[10], students can provide pro bono legal services under the supervision of licensed lawyers. The pro bono legal services provided by law students are limited to labour and family^[11]

No additional licence is required for foreign lawyers to provide pro bono legal services beyond the requirements for all legal practice.

Lawyers in Guatemala are not required to work a minimum number of pro bono hours.

There is no requirement by the bar association for aspiring lawyers to complete a minimum number of hours of pro bono legal services in order to become licensed lawyers.

However, law school programmes of certain universities require aspiring lawyers to handle a number of pro bono cases.

The Pro Bono Declaration of the Americas (“Declaration”) has been signed by several legal organisations in Guatemala, including Colegio de Abogados y Notarios de Guatemala.^[12]
The Declaration commits lawyers to practicing 20 hours of pro bono legal services each year.^[13] At this time, this is a purely aspirational figure and not a requirement for legal practice in Guatemala.

There is no “Continuing Legal Education” or equivalent credit for pro bono hours worked in Guatemala.

Neither independent lawyers nor in-house lawyers are required to have special indemnity insurance for the provision of pro bono legal services.

Articles 10 and 11 of the Lawyer’s Professional Code of Ethics prohibit directly or indirectly soliciting clientele and limit the publication of legal services and business cards.^[14] Thus, lawyers or law firms in Guatemala are unable to directly advertise pro bono legal services.

The main areas of law ^[15] that require or present opportunities for the provision of pro bono legal services in Guatemala include:

• Immigration, asylum and other matters relating to migrants.
• Labour matters.
• Family matters.
• Violence against women and children.^[16]
• Criminal matters.
• Legal reforms.
• Assisting underserved poorer communities with legal needs, such as obtaining birth certificates and supporting the creation of small NGOs to help local farmers collaborate and market their products.

The main providers of pro bono legal services in Guatemala are NGOs, private and public institutions, universities and private law firms:

1. Some local NGOs and other non-profit institutions in Guatemala provide legal services for refugees, migrants and immigrants.^[17] There are also private and public institutions providing legal services on labour, civil, family, violence against women and criminal matters. Additionally, there are non-profit institutions that provide pro bono legal services for matters relating to corruption and the promotion of legal reforms.
2. These institutions include:
   Casa del Migrante Nazareth;
   Pastoral de Movilidad Humana ^[18];
   Acción Ciudadana ^[19];
   Grupo de Apoyo Mutuo ^[20];
   Instituto de Estudios Comparados en Ciencias Penales ^[21];
   Fundación Sobrevivientes ^[22];
   Bufete Popular Universidad Rafael Landívar ^[23];
   Bufete Popular Universidad Mariano Gálvez ^[24];
   Bufete Popular Universidad de San Carlos de Guatemala; Bufete Popular Universidad Rural ^[25]; and
   Institute of Criminal Public Defense ^[26].
3. The Bufete Popular is a compulsory student programme at the four universities named above where students provide pro bono legal services to those who cannot afford to pay for legal services and often in conjunction with regional or international NGOs. The main legal services provided by these programmes are labour, civil and family matters.^[27]
4. Regional organisations that help asylum- seekers and refugees include the Inter- American Commission for Human Rights,^[28] the Inter-American Court of Human Rights,^[29] and the United Nations High Commissioner for Refugees.^[30]
5. Private law firms provide pro bono legal services when contacted directly by non-profit entities. Since 2018, the Asociación Pro Bono Guatemala ^[31] (even before being officially registered as such) has acted as a clearinghouse for pro bono legal services and has made alliances with local and international organisations, such as The Cyrus R. Vance Center for International Justice and La Red Pro Bono de las Américas.^[32] Through Asociación Pro Bono Guatemala, many private law firms in Guatemala have been able to provide pro bono legal services, mainly for refugees, migrants and immigrants.
6. Private lawyers (acting individually) may provide pro bono legal services, though it is difficult to find information on what services can be provided if at all.^[33]

In recent years, some public institutions have developed online platforms to access certain determined information. This has made it possible to access certain certificates, such as birth certificates, death certificates and marriage certificates, instantly, which has been useful for immigration-related cases.

While there are no specific examples of AI usage in pro bono matters in Guatemala, more generally, it was reported that the United Nations Development Programme (UNDP) helped Guatemala’s Constitutional Court and Judicial Branch expand equal access to justice for vulnerable groups by designing a policy to improve services for people in vulnerable conditions, deploying an integrated IT system with performance dashboards, enabling virtual hearings in five remote Alta Verapaz municipalities, training judicial personnel, and supporting 112 Mayan-language interpreters.^[34]

Regionally, UNDP, in partnership with the U.S. Agency for International Development through its Infosegura initiative, launched “Sara” in Central America, a free and confidential chat that aims to prevent violence against women, girls and adolescents. Sara provides information and guidance for those who may be at risk of violence and is part of UNDP’s efforts in the region to promote safer and more inclusive societies.^[35]

The government in Guatemala is focused on providing legal assistance for indigent persons, rather than providing pro bono legal services.

The right to legal assistance for indigent persons is established under Article 12 of the Constitution ^[36] and Article 89 of the Civil and Commercial Code ^[37].

The Institute of Criminal Public Defense (“IDPP”) is the country’s public criminal defender’s office. ^[38] An article suggests that IDPP is woefully understaffed for the amount of work it receives.^[39]

The main sources of pro bono in Guatemala are NGOs, private non-profit entities and legal clinics run through universities.

Private lawyers also provide pro bono legal services. Since 2018, Asociación Pro Bono Guatemala has acted as a clearinghouse and connected national and international organisations, such as the Cyrus R. Vance Center for International Justice and La Red Pro Bono de las Americas, with private law firms.

Local and foreign lawyers can register with Asociación Pro Bono Guatemala in order to be made aware of pro bono opportunities. The relevant email address is: [email protected].^[40]

Directories such as Latin Lawyer and the Vance Center’s Pro Bono Leading Lights,^[41] IFLR1000,^[42] Chambers & Partners, and Legal 500 ^[43] provide lists of Pro Bono practice in Guatemala by private firms or a description of such firms’ pro bono activities.