Overview
The legal community in the Dominican Republic is increasingly recognising the value of a pro bono culture and the significant positive impact that pro bono legal work can have on democracy and justice. The Pro Bono Declaration for the Americas (the PBDA) is the founding document that helps to institutionalise pro bono legal activities by Dominican Republic lawyers, alongside the Pro Bono Foundation RD (Fundación Pro Bono RD, Inc) (the Foundation), which coordinates and enables the pro bono efforts. Despite these advances, much work remains to be done, including the challenge of developing a pro bono culture in law firms, the financial sustainability of clearinghouses, and more clarity on how pro bono legal work should be rewarded.
At a glance
| Minimum pro bono hours requirement for lawyers? | Specific pro bono licence required? | May foreign lawyers practice pro bono? | Insurance required for law firm pro bono? | Insurance required for in-house counsel pro bono? | Rules to limit advertising pro bono work? | Does pro bono work count to CLE credit? | Limitations for in-house lawyers to do pro bono? |
|---|---|---|---|---|---|---|---|
| No | No | Yes | No | No | No | No | No |
Pro bono practice and opportunities
The legal profession in the Dominican Republic is composed of lawyers. The provision of legal services by lawyers and the licensing required to provide legal services are regulated by the following laws:
- Law No. 3-19 of 28 January 2019 (Ley 3-19 que crea el Colegio de Abogados de la República Dominicana)[2]
- (Law No. 3-19);[3] and
- Law No. 821 of 21 November 1927 of the Judicial Organisation and its amendments (Ley de Organización Judicial No. 821 y sus Modificaciones) (Law No. 821).
The Dominican Bar Association was established pursuant to Law No. 3-19. Its functions include overseeing lawyers’ professional conduct, adopting a professional ethics code, creating educational programs for lawyers, and defending lawyers’ rights.
A foreign lawyer may become a member of the Dominican Republic Bar Association:
- by obtaining a law degree in the Dominican Republic (Law No. 3-19);
- by obtaining validation of a law degree from an overseas university (Law No. 3-19); or
- if there is a reciprocal treaty between the Dominican Republic and the government of the foreign jurisdiction in which the foreign national has a licence to practice law.
As for Law No. 821, this sets out the rules in respect of a number of matters, including lawyers’ dress code, their behavior in the Courts of the Dominican Republic (which must be ethical, honorable, and discreet), and the requirements to practice as a lawyer in the Dominican Republic, which include the following[5] :
- being a Dominican national of legal age and in enjoyment of civil rights;
- holding a law degree awarded by a recognised Dominican university; being admitted to the Dominican Republic Bar Association (Colegio de Abogados)[7] ;
- taking oath before the Supreme Court of Justice [8] ; and
- enrolling in the lawyers’ panel of a court of first instance.
These requirements do not differ for lawyers working as in-house counsel.
Regulatory landscape for pro bono
Currently, there is no law specifically regulating the provision of pro bono legal services in the Dominican Republic in addition to those regulating the provision of legal services generally. Article 89 of Law No. 3-19 states that lawyers can provide legal services on a gratuitous or onerous basis.[10]
Lawyers do not require a licence to provide pro bono legal services in the Dominican Republic.
Foreign lawyers do not require a licence to provide pro bono legal services in the Dominican Republic, as long as they comply with the requirements to practice as lawyers in the Dominican Republic.
Lawyers in the Dominican Republic are not required to complete a minimum number of hours of pro bono legal services.
Aspiring lawyers in the Dominican Republic are not required to complete a minimum number of hours of pro bono legal services to become licensed lawyers.
There are no aspirational pro bono hours targets for lawyers in the Dominican Republic.
Lawyers in the Dominican Republic do not receive any CLE or equivalent credit for pro bono hours worked. Whilst pro bono practice is not currently widely institutionalised in law firms in the Dominican Republic, some of the law firms in the Dominican Republic acknowledge pro bono when evaluating lawyers.
Insurance and advertising
Lawyers in the Dominican Republic do not require professional indemnity legal insurance cover for the provision of pro bono legal services. However, pro bono work undertaken by lawyers at a law firm is generally covered under the professional indemnity insurance of that law firm. This does not differ for in-house lawyers.
Currently, there is no law in the Dominican Republic that prohibits the advertising of pro bono successes or soliciting of new pro bono clients.
Pro bono practice and culture
The main areas of law that require or present opportunities for the provision of pro bono legal services in the Dominican Republic are human rights, criminal (e.g., domestic violence), and civil (e.g., employment, legal advice to SMEs).
The main providers of pro bono legal services in the Dominican Republic are NGOs, private law firms [11] , independent practitioners, and universities.
In 2023, the Dominican government launched the National Artificial Intelligence Strategy (ENIA).[12] ENIA is aimed at developing and adopting artificial intelligence in the Dominican Republic. However, due to its novelty, the use of AI has not had a significant impact overall or on pro bono matters.
Sources of pro bono opportunities and key contacts
The obligation to provide state free legal services is established in Articles 176 and 177 of the Constitution of the Dominican Republic.[13] Article 177 states that: “The State is responsible for organizing programs and services for free legal assistance for people who lack the financial resources to obtain legal representation of their interests, particularly for the protection of the rights of the victim, without prejudice to the powers that correspond to the Public Ministry in the field of criminal proceedings.”
This is implemented by the Law of Public Defense, passed on August 12, 2004, with the approval of Law No. 277,[14] which created the National Public Defender Service.[15] The Public Defenders provide free advice and guidance before and during judicial proceedings in criminal matters. Along with several partners in Latin America, Cyrus R. Vance Center launched the PBDA.[16] The statement commits signatory law firms and other legal organisations, including those in the Dominican Republic, to undertake a minimum of 20 hours of pro bono work by each lawyer working there.
Local and foreign lawyers (from participating countries) can register at Inicio/Redred: https://www.redprobono.org/
No specific awards for pro bono legal work exist; awards focus on NGO organizations generally. The National Centre for the Promotion and Promotion of Non-Profit Associations rewards NGOs dedicated to voluntary and non-profit work. It is attached to the Ministry of Economy, Planning and Development, which aims to promote the participation of non-profit associations in the management of national, regional, provincial, and municipal development programmes.[17]
References
- This chapter was drafted with the support of Mónika Fiallo Paradas of Russin, Vecchi & Heredia Bonetti.
- https://www.consultoria.gov.do/Consulta/Home/FileManagement?documentId=3393394&managementType=1 (Accessed: 10 January 2025).
- Article 73 of Law No. 821. https://www.monografias.com/trabajos14/organ-judicial/organ-judicial (Accessed: 10 January 2025).
- https://colegiodeabogados.org.do/quienes-somos/ (Accessed: 10 January 2025).
- http://www.poderjudicial.gob.do/ (Accessed: 10 January 2025).
- https://colegiodeabogados.org.do/ (Accessed: 10 January 2025).
- For example: https://jpadvisors.do/participacion-en-la-comunidad/?utm; and https://minino.com.do/programa-minino-pro-bono/?lang=es&utm_.
- https://innovacionrd.gob.do/enia/ (Accessed: 10 January 2025).
- http://republica-dominicana.justia.com/nacionales/constitucion-de-la-republica-dominicana/titulo-v/capitulo-vi/ (Accessed: 10 January 2025).
- Law 277-04, https://www.consultoria.gov.do/Consulta/Home/FileManagement?documentId=3344695&managementType=1 (Accessed: 10 January 2025).
- https://www.defensapublica.gob.do/index.php/servicios (Accessed: 10 January 2025).
- https://www.vancecenter.org/our-networks/pro-bono-network-of-the-americas/ (Accessed: 10 January 2025).
- https://elnuevodiario.com.do/reconocen-labor-altruista-en-premio-nacional-voluntariado-solidario-2024/ (Accessed: 4 February 2025).
Acknowledgements
Name of Law Firm: Russin, Vecchi & Heredia Bonetti
Name of lawyer: Mónika Fiallo Paradas
Related resources
TrustLaw Index of Pro Bono
The Thomson Reuters Foundation’s global benchmark report mapping the scale and trends of the pro bono legal sector around the world.
Measuring Pro Bono Impact Guide
A 5-step framework to support legal teams in measuring the impact of their pro bono programmes more effectively, produced by the Thomson Reuters Foundation
Pro Bono Institute Challenge Reports
Providing valuable insights into the pro bono landscape by benchmarking pro bono performance at law firms and in-house legal departments.
Explore the Guide's headline findings
The Guide offers insight and analysis into the global pro bono landscape, beyond the deep-dive country chapters.
