Pro Bono Programme Terms

1. Our Pro Bono Programme

We believe that access to justice should not depend entirely on a person's ability to pay. Through our pro bono programme, BH provides selected legal services without charge or at a subsidised professional fee where we consider that our involvement may make a meaningful difference.

Our pro bono programme is selective. We do not accept every request for assistance and we are not required to give reasons for declining a request. The availability of pro bono assistance depends on the circumstances of the matter, its merits, the public or social interest involved, our professional obligations, our capacity and the availability of appropriate resources.

2. Submitting a Request

A request for pro bono assistance may be submitted through the channels designated by BH from time to time.

A request should contain sufficient information for us to understand:

• (a) the identity and contact details of the person or organisation seeking assistance;
• (b) the material facts and circumstances of the matter;
• (c) the persons, businesses, institutions or other parties involved;
• (d) any court, tribunal, regulator, government agency or other authority involved;
• (e) the present stage of the matter and any applicable deadlines;
• (f) the legal assistance requested; and
• (g) any other information reasonably required by BH.

We may request additional information or documents before determining whether we can consider the matter.

3. No Automatic Right to Assistance

Submitting a request does not create any obligation on BH to accept or act on the matter. We may decline a request where, among other things:

• (a) we do not consider the matter suitable for our pro bono programme;
• (b) the matter does not appear to have sufficient legal or factual merit;
• (c) the matter falls outside our areas of competence or capacity;
• (d) acting would create or may create a conflict of interest;
• (e) acting would be inconsistent with our professional or regulatory obligations;
• (f) the matter requires resources that are not reasonably available to us;
• (g) the matter is subject to an urgent deadline that does not allow adequate preparation;
• (h) the information provided is incomplete, inaccurate or misleading;
• (i) the matter appears to involve unlawful conduct or an improper purpose; or
• (j) we otherwise consider that it would not be appropriate for BH to act.

4. Conflicts

Before accepting a matter, BH may conduct its usual conflict checks. You must provide complete and accurate information about the persons and entities involved in the matter. This includes opposing parties, related parties, shareholders, directors, employers, employees, affiliates and other persons or entities whose interests may be relevant. If a conflict arises before or after acceptance of a matter, BH may decline to act or, where appropriate, cease acting, subject always to applicable professional obligations.

5. No Lawyer-Client Relationship Before Acceptance

The submission of an application, enquiry or request does not establish a lawyer-client relationship between you and BH.

A lawyer-client relationship arises only when BH has expressly agreed in writing to act for you and the relevant terms of engagement or engagement letter have been issued or otherwise agreed.

You should not assume that BH is acting for you merely because:

• (a) you have submitted an application;
• (b) a member of BH has acknowledged receipt of your application;
• (c) BH has requested further information;
• (d) BH has conducted a conflict check; or
• (e) you have had a preliminary discussion with a member of BH.

You remain responsible for protecting your own legal rights and complying with any applicable deadlines until BH has formally agreed to act.

6. Urgent Matters

The pro bono programme is not an emergency legal service. You must notify us immediately if any limitation period, court date, filing deadline, hearing or other material deadline is imminent. Unless BH has expressly confirmed in writing that it has accepted responsibility for the matter, you remain responsible for taking any steps necessary to protect your interests.

7. Scope of Pro Bono Services

Where BH accepts a matter, the services provided will be limited to the scope expressly agreed with you. The scope may include legal advice, preparation of documents, correspondence, negotiations, representation before a court or tribunal, or other legal services, depending on the particular matter.

Unless expressly agreed otherwise in writing, BH does not undertake to:

• (a) provide services outside the agreed scope;
• (b) act in unrelated or subsequent proceedings;
• (c) provide continuing legal advice after completion of the agreed work;
• (d) provide tax, accounting, financial, medical, technical or other non-legal advice;
• (e) act for other persons connected with the matter; or
• (f) monitor developments or deadlines outside the scope of the engagement.

8. Pro Bono Does Not Mean Cost-Free

Where BH agrees to undertake a matter on a pro bono basis, we may waive or subsidise our professional fees for the agreed scope. Pro bono status does not necessarily mean that all costs associated with the matter will be paid by BH.

Unless expressly agreed otherwise, you remain responsible for third-party costs and disbursements, including court filing fees, statutory fees, expert fees, search fees, service fees, travel expenses, accommodation, transcription costs, courier costs and other external expenses. BH will discuss material third-party costs with you where reasonably practicable before they are incurred.

9. Your Responsibilities

You must:

• (a) provide complete, accurate and timely information and documents;
• (b) tell us promptly about any material development;
• (c) comply with reasonable requests for information or instructions;
• (d) attend meetings, hearings and appointments where required;
• (e) preserve relevant documents and evidence;
• (f) be truthful and transparent with BH;
• (g) notify us immediately if any information previously provided becomes inaccurate or incomplete; and
• (h) comply with any agreed terms relating to the conduct of the matter.

We are entitled to rely on information supplied by you unless we have reason to believe that it is inaccurate or incomplete.

10. Confidentiality and Legal Professional Privilege

Information provided to BH in connection with a matter will be handled in accordance with applicable professional obligations and our confidentiality policies. However, submitting information to BH does not guarantee that the information will be protected by legal professional privilege before a lawyer-client relationship has been established. You should therefore exercise appropriate care when submitting highly sensitive information before BH has confirmed that it will act.

Where BH accepts a matter, our professional duties of confidentiality and any applicable legal professional privilege will apply in accordance with Nigerian law and the circumstances of the engagement.

11. Personal Data

BH may collect, use, store and otherwise process personal data supplied in connection with a pro bono request or matter for the purposes of assessing the request, conducting conflict and compliance checks, providing legal services, administering the programme and complying with applicable law.

Our processing of personal data is subject to our Privacy Policy and applicable data protection legislation. You should not provide personal data relating to another person unless you are authorised to do so or there is another lawful basis for providing that information.

12. Professional and Regulatory Requirements

BH remains subject to the laws, rules and professional obligations applicable to legal practitioners in Nigeria. Our pro bono status does not reduce or alter those obligations.

We may be required to undertake identity verification, client due diligence, sanctions screening, source-of-funds enquiries or other compliance procedures before or during an engagement. We may decline or discontinue an engagement where required to do so by law or applicable professional obligations.

The Rules of Professional Conduct for Legal Practitioners 2023 include specific compliance obligations concerning client identification, risk assessment and anti-money laundering and counter-terrorism financing requirements.

13. Independence

BH's professional judgement remains independent. No donor, sponsor, partner, referrer or other third party may direct the legal advice provided by BH to a client. Where a matter is subsidised by a Pro Bono Partner, the beneficiary remains the client unless otherwise expressly agreed in writing.

14. Third-Party Funding and Pro Bono Partners

A matter may be wholly or partly subsidised by an individual or corporate organisation participating in BH's pro bono programme. The identity of a sponsor does not, by itself, make the sponsor a client of BH or entitle the sponsor to confidential information concerning the beneficiary. Any separate relationship between BH and a sponsor is governed by the applicable Pro Bono Partnership Terms.

15. No Guarantee of Outcome

BH does not guarantee any particular outcome. The acceptance of a matter does not constitute a representation that the client's position is legally or factually correct or that the client will succeed in litigation, negotiations, regulatory proceedings or any other process. Legal outcomes may depend on facts, evidence, the conduct of other parties, decisions of courts or authorities and matters outside BH's control.

16. Withdrawal or Termination

BH may decline to commence work or cease acting where permitted or required by applicable law and professional obligations.

This may include circumstances where:

• (a) the client provides materially inaccurate or misleading information;
• (b) the client fails to provide necessary instructions or documents;
• (c) the client fails to cooperate;
• (d) the client requests BH to undertake unlawful, improper or professionally prohibited conduct;
• (e) a conflict arises;
• (f) the scope of the matter materially changes;
• (g) the matter becomes unsuitable for pro bono assistance;
• (h) required third-party costs cannot be met;
• (i) the client acts contrary to material legal advice provided by BH; or
• (j) BH otherwise has a professional or lawful basis for ceasing to act.

Where BH ceases to act, we will take such steps as are reasonably appropriate having regard to our professional obligations and the circumstances of the matter.

17. Referral

Where BH cannot assist, we may, where appropriate and subject to availability, refer the applicant to another lawyer, law firm, legal aid organisation or other organisation. A referral does not constitute an endorsement or guarantee of the services of the person or organisation to whom the matter is referred.

18. Publicity

BH may publish general information about its pro bono programme and the nature of matters undertaken. We will not identify a beneficiary or disclose confidential information about a matter for publicity purposes without an appropriate lawful basis or consent where consent is required.

19. Intellectual Property and Documents

Unless otherwise agreed, documents prepared specifically for you in the course of the engagement will be provided to you for the purposes for which they were prepared. BH retains ownership of its internal precedents, methodologies, know-how, templates, systems and other materials used in providing the services.

20. Limitation of the Programme

BH reserves the right to modify, suspend or discontinue the pro bono programme at any time. A change to the programme will not affect an existing engagement except to the extent permitted by the applicable engagement terms and professional obligations.

21. No Waiver of Professional Rights

Nothing in these Terms constitutes a waiver of any right or protection available to BH under applicable law or professional rules. Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited.

22. Governing Law

These Terms and any non-contractual matters arising from them are governed by the laws of the Federal Republic of Nigeria. Any dispute arising from these Terms shall be subject to the jurisdiction of the courts of Nigeria, unless otherwise agreed in the relevant engagement terms. The parties shall use all best efforts to settle any disputes amicably.

23. Amendments

BH may amend these Terms from time to time. The version applicable to a particular matter will ordinarily be the version in force when the relevant engagement is accepted, unless otherwise agreed.

24. Contact

Questions regarding the pro bono programme may be directed to:

Balogun Harold

13a Sola Oguntade Close

Lekki Phase 1

Lagos, Nigeria

support@balogunharold.com