Pro Bono Practice and Opportunities in Panama

Practicing lawyers, whether or not they are members of the National Bar, are regulated by the Law of Advocacy (Ley de la Abogacía, Ley No. 350 de 21 de Diciembre de 2022)^[1] and by the Code of Ethics and Professional Responsibility of the National Bar of Panama (Código de Ética del Colegio Nacional de Abogados).^[2]

In addition, attorneys who are members of the National Bar are also governed by the regulations promulgated by the National Bar (Estatuto del Colegio Nacional de Abogados).^[3]

The only requirement to practice law in Panama is possession of a certificate of accreditation issued by the Supreme Court of Justice.

In order to receive this accreditation, an applicant must

• be a Panamanian national;
• obtain a bachelor’s degree in law or a bachelor’s degree in law and political science issued by an official university or a duly authorized private university to operate within the territory of the Republic of Panama, to which degrees the law recognizes official value;
• obtain a bachelor’s degree in law or a bachelor’s degree in law and political science issued by a university abroad, which must be previously revalidated at the University of Panama, except in the case of international agreements that, in exact and precise terms, exempt the individual from the obligation to revalidate their professional degree; and
• pass the professional examination for access to the practice of law, which is primarily based on ethical and practical knowledge in the legal profession.^[4]

In general, the National Bar’s Code of Ethics and Professional Responsibility prohibits the levying of charges for legal services that are lower than the minimum established by the Fee Schedule promulgated by the National Bar, when the purpose of such an action is unfair competition.^[5] However, under the Minimum Professional Fee Schedule, legal representation for the protection of the poor or for those who qualify for pro bono legal sponsorship is excepted from this rule.^[6]

The Office of the Attorney General of Panama (Procuraduría General de la Nación) protects the fundamental right to justice and the guarantee of equal treatment under the law for all, including and especially for those who are members of the most vulnerable parts of Panamanian society.^[7] This policy of access to justice, and to the knowledge and protection of civil rights, is laid out in the Bill of Rights of Individuals before Justice (Carta de Derechos de las Personas ante la Justicia en el Ministerio Público de la República de Panamá).^[8]

Panamanian attorneys do not require an additional license to provide pro bono legal services, but, as detailed above, would still require a certificate of accreditation issued by the Supreme Court in order to practice law.

Although accredited lawyers in Panama would not require an additional license to provide pro bono legal services, one of the requirements to practice law in Panama is Panamanian citizenship (see above).

Since the provision of pro bono legal services would be considered the practice of law, it is likely unlawful for a foreign attorney to provide pro bono legal services in Panama.

No.

Aspiring lawyers in Panama are not required to complete a minimum number of hours of pro bono legal services in order to become a licensed attorney.

In Panama, there are no mandatory pro bono hour targets set for lawyers by the local bar association or regulatory bodies. However, the National Bar Association’s Code of Ethics and Professional Responsibility encourages attorneys to provide pro bono legal services as part of their professional responsibility to ensure access to justice.

Lawyers in Panama do not receive “Continuing Legal Education” or equivalent credit for pro bono hours worked.

There is no regulation or legal requirement that practicing attorneys be covered by professional indemnity legal insurance.

There are no rules regarding attorney publicity that apply specifically to the advertising of pro bono successes or the solicitation of new pro bono clients. The rules governing attorney publicity generally are part of the National Bar Association’s Code of Ethics and Professional Responsibility.

However, these rules do impose certain restrictions: attorneys should avoid commenting on ongoing or future litigation, must maintain professional dignity in any publicity, provide only accurate information about their qualifications and experience, and refrain from soliciting publicity about themselves or their cases.^[9]

Panama has many areas of unmet legal needs as well as other areas of law which present opportunities for pro bono legal service. These include:

• the representation of indigent clients and members of vulnerable groups,
• partnerships with NGOs focused on community and development, and
• projects for the drafting of laws that promote social and cultural progress in the country.

Government: The Legal Orientation Service (“SOL”) (Servicio de Orientación Legal), of the National Bar has as one of its objectives the “provision of pro bono professional legal services, through the Commission of the Legal Orientation Service, to those who do not have the means to procure these services.”^[10] Since 1981, the SOL provides access to professional attention, information and legal guidance, free of charge, for those of limited resources whose individual or societal rights are being violated.

Law Firms: The National Bar of Panama and many major Panamanian law firms are signatories to the Pro Bono Declaration of the Americas, spearheaded by the Vance Center for International Justice in New York. By doing so, they are committing to the principle that it is the duty of the legal profession to provide a fair and equitable legal system and agree to provide a minimum of 20 hours of annual pro bono work per practicing attorney. Among others, Morgan & Morgan, ARIFA, and Galindo, Arias & López, are signatories and have been recognized for their pro bono work. They maintain active practices and partnerships with individual clients, NGOs and other pro bono organizations.^[11]

In Panama, there are some innovative initiatives that leverage technology to enhance access to pro bono legal services. One example is the use of online platforms for legal aid and advice, which helps connect individuals with pro bono attorneys^[12].

The State provides free legal services through the Public Defender’s Office (Instituto de Defensa Pública, previously known as the Instituto de Defensoría de Oficio).^[13] This organization, in recognition of international conventions of human rights and Panama’s Constitution, guarantees the right to legal representation in judicial processes involving criminal law, criminal law for minors, agrarian law, family law and civil law.

See also above regarding the Legal Orientation Service.

As noted above, it is unlikely that a foreign attorney would be able to provide pro bono legal services in Panama. For local attorneys, a few options are contacting one of the firms listed in Section II.(d)(2), the National Bar of Panama ^[14] or the Public Defender’s Office ^[15].

Several prestigious rankings, such as Chambers and Partners, Legal 500, Latin Lawyer, and the Cyrus R. Vance Center for International Justice, provide various recognitions for Panamanian law firms that offer pro bono legal services.

These rankings help highlight firms that demonstrate a strong commitment to social responsibility and access to justice, recognizing their efforts in contributing to the public good and supporting vulnerable communities.^[16]