Pro Bono Practice and Opportunities in Haiti

The Decree of March 29, 1979 (the “Decree”) regulates the practice of law and provision of legal services in Haiti.^[2]

Rules in the form of codes also govern the legal system including the Civil Code and the Criminal Code, and lawyers must adhere to the Deontology Code of the Haitian Federation of Bar Associations (the “Deontology Code”). In order to provide legal services in Haiti, the Decree provides that an individual must:

• be at least 18 years old;
• complete a law licence (equivalent to a Bachelor’s degree) at the State University of Haiti or any foreign licence recognised in Haiti as equivalent;
• submit a certificate of good moral conduct (certificat de bonne vie et moeurs);
• register with one of the bar associations of Haiti ^[3] ;
• complete a two-year internship (stage); and
• pass an admission exam (Certificat d’Aptitude à la Profession d’Avocat), if applicable.

Not every jurisdiction has an admission exam.

Importantly, Article 5 of the Decree further requires that lawyers must be Haitian citizens in order to practise law in the country.

The requirements above also apply to in-house counsel. There is no differentiation between in-house counsel and other practising lawyers.

The Law on Legal Assistance of 7 August 2018 provides a legal framework for Legal Aid Offices in the country.^[4] In relation to pro bono, there are no specific laws or regulations that regulate the provision of pro bono legal services.

However, non-Haitian, foreign-qualified lawyers are not permitted to provide legal advice in Haiti unless they are registered with one of the Haitian bar associations. The practice of law, in any form, is strictly limited to licensed lawyers in Haiti.

There is no separate or additional licensing requirement to provide pro bono legal services in Haiti.

In accordance with the Decree, foreign lawyers may not practice law in Haiti, including providing any pro bono legal services, unless they are registered with one of the bar associations in Haiti.

There are no requirements for lawyers in Haiti to work a minimum number of pro bono hours.

Aspiring lawyers in the jurisdiction of Port-au-Prince are required to remain available to the bar and serve as public defenders in criminal matters, as stipulated in Article 24 of the Decree. There is no specified maximum or minimum requirement for mandatory hours.

Bar associations in Haiti do not set specific aspirational pro bono targets for lawyers nor does any other body.

Haitian lawyers do not receive any “Continuing Legal Education” or equivalent credit for pro bono hours worked.

Lawyers are not required to have professional indemnity legal insurance to cover their practice of the law or provision of pro bono legal services in Haiti.

The Decree does not have specific regulations for advertisements related to pro bono legal services. However, the Deontology Code generally prohibits lawyers from advertising their services.

Furthering human rights, democracy and justice are the priorities for pro bono work in Haiti. In addition, pro bono legal services are provided in Haiti to advocate for victims of natural disasters (such as the 2010 earthquake), including assistance to obtain safe housing, international aid and immigration opportunities, notably through the TPS designation.

From a business perspective, micro, small and medium enterprises seek pro bono legal assistance to navigate the complexities of laws and tax regulations, including determining the most suitable business structure for their needs.

Additionally, Haiti is a culturally rich country with numerous talented artists producing significant work. These artists need legal support to protect their copyrights and intellectual property.

In Haiti, there is a National Legal Aid System (which was put in place in 2007 with the collaboration of the International Legal Assistance Consortium (the “ILAC”) and the United Nations’ Mission in Haiti) and there are Legal Aid Bureaus to provide indigent people with free legal assistance which range from alternative dispute resolution to representation before courts.

In relation to pro bono, the main providers are private lawyers who have received training in human rights, either in Haiti or abroad, and there are a number of platforms to facilitate pro bono work which are typically non-governmental organisations such as: the Bureau des Avocats Internationaux (“BAI”) provides on-the-ground pro bono legal services in Haiti.^[5]

The BAI works closely with the US-based Institute for Justice and Democracy in Haiti (“IJDH”). The BAI and IJDH are dedicated to advancing justice and democracy in Haiti through advocacy, litigation and coalition-building both in Haiti and abroad and together they provide legal assistance to victims of human rights violations and they provide assistance to other non-governmental organisations and provide training to Haitian human rights lawyers.^[6]

An example of one of their projects is:

• the Lawyers’ Earthquake Response Network – a network of lawyers, law professors and law students in the United States who worked with Haitian lawyers to implement a legal response to the 2010 earthquake ^[7] ;
• the Défenseur des Opprimés which provides legal advice and representation to victims of human rights violations^[8] ;
• the Haitian Bridge Alliance that connects migrants with, among others, legal services^[9] ; and
• Le Bureau des Droits Humains en Haïti (“BDHH”) is an independent organisation in Haiti providing pro bono legal services to vulnerable people in Haiti.^[10]

There is also the Haitian Lawyers Association (the “HLA”) which is a non-profit membership organisation dedicated to, among others, facilitating the administration of justice.

The HLA works with the Legal Services of Greater Miami to provide pro-bono legal representation to Haitian immigrants in matters relating to immigration, family law, civil rights, criminal law, juvenile law, and housing.^[11]

While there is limited information on the use of innovative technology or artificial intelligence to enhance access to pro bono services in Haiti, advances in IT generally (online communication and digital networks) have been utilised by both local organisations in Haiti to seek pro bono services from foreign entities and by international organisations to increase the provision of such services in Haiti.

The significance of IT in the Haitian justice system was highlighted after the 2010 earthquake. Prior to the earthquake, courts relied on paper documents for case management and then the USAID Haiti Justice Sector Strengthening Program collaborated with the Ministry of Justice and the Conseil Supérieur du Pouvoir Judiciaire to build a sustainable IT infrastructure for the judiciary, including the implementation of the digital-based Case Management Information System.^[12]

In Haiti, governmental legal aid is primarily the responsibility of the Ministry of Justice and the bar association. By law, legal aid is available to all, however access to legal aid services can be inconsistent and often is unavailable in rural areas.^[13] There are no pro bono legal services that are provided by the Haitian government.

The BAI and IJDH provide pro bono legal services and resources to Haitians and have the most readily accessible and up-to-date information available online.^[14] Their website includes a calendar of events in Haiti and the United States for those interested in learning more about their work and the pro bono opportunities available in Haiti.

Additionally, BDHH provides free legal assistance to vulnerable people such as those with restricted access to justice, victims of domestic violence and victims of human rights violations.^[15]

There are also international non-governmental organisations which are sources of pro bono matters, such as:

• the HLA which provides opportunities to assist on pro bono matters relating to immigration, family law, civil rights, criminal law, juvenile law, and housing for Haitian immigrants in Florida; and
• the ILAC which is a Swedish non-profit organisation that gathers wide-ranging legal expertise and competencies from around the world to help rebuild justice systems.

Lawyers interested in providing pro bono legal services to Haitians can contact the following organisations:

• the HLA; and
• the Haitian TPS Pro Bono Directory (directory of U.S.-based organisations assisting Haitians with TPS applications)^[16] .

Certain lawyer associations in the United States grant awards in recognition of the pro bono services which firms provide (in Haiti and elsewhere).

For example, the Haitian American Lawyers Association of New York awards firms for their pro bono work on behalf of the Haitian community ^[17] and the Florida Bar Association awards voluntary bar associations that have demonstrated a significant contribution to the delivery of legal services on a pro bono basis which the HLA won in 2023^[18].