Journal Name: International Journal of the Legal Profession

Volume Number: 28

Issue Number: 2

Abstract:

The concept of pro bono has been established in a variety of countries and has developed a distinctive discourse. Aspects of this discourse have also begun to impact other areas of the law, such as mitigation in professional misconduct. However, problems can arise if aspects of one discourse are imported into others. Using the Singapore law of professional misconduct as a case study, this article utilizes concepts from discourse analysis to understand how discourse regarding lawyers can be removed from its original context and inserted into another. The article identifies two examples of pro bono discourse in the mitigation of professional misconduct, that of distinguishing law-related public service from other charitable acts and distinguishing genuine pro bono services from self-serving commercial activity. The article investigates the coherence of this pro bono discourse in the field of professional misconduct and concludes that some pro bono discourse fits its new context while others do not. The article argues for an increased awareness of how lawyer discourse potentially impacts professional regulation.