Allens Linklaters 200

Our first pro bono case

George Allen quickly gained a reputation for helping those in need.

He was singled out by Governor George Gipps as one 'always willing to undertake any office of a charitable nature.' So it was not surprising that George came to the assistance of William Atkinson, a former employee, when he was ignored by the criminal justice system.

On 17 February 1831, Atkinson, the tipstaff for Justice Dowling, was walking to the judge's house in Woolloomooloo across a neighbouring yard when the owner of the land (the inspector general of Colonial Hospitals, Dr James Bowman) opened fire in his direction. It was alleged Bowman deliberately took aim at Atkinson, before calling for his servants and dogs to give chase. Atkinson attested he had taken the same path to work for 13 months and at no point had Bowman challenged him about entering his land. Thankfully, no harm had come to Atkinson as a result of the incident.

In his defence, Bowman claimed the shot was aimed at the small dog accompanying Atkinson. Records show the dog was so small it could fit in Atkinson's pocket and, at the time the shots were fired, was walking alongside Atkinson.

George was concerned that those with money and power were not required to face consequences for their actions. 

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I have taken up his case from a motive of justice… What a land is this in which we live – the rich and the powerful too frequently oppress the poor and the powerless, but I thank God that even in this degraded place we have British law to curb those who would if they could set all at defiance.

- George's journal, 1831

George appeared for Atkinson in the prosecution of Bowman before the Bench of Magistrates. The matter was a topic of heated discussion in the community, and many expressed alarm at the conduct of the police superintendent and the magistrate. The Australian declared, ‘A clearer prima facie case we never knew’, yet the prisoner was allowed to leave court of his own accord and his counsel was 'allowed the utmost latitude in examination, and even to bully the deponent to discredit their testimony.' Bowman's counsel argued, first, there was no evidence the gun had been pointed at Atkinson and not the dog; second, there was no malice; and third, if the prisoner had fired at the dog, but instead hit Atkinson, he would not have been deemed to have fired his weapon illegally. Even with the testimony of an eyewitness, the case against Bowman was dismissed.

The firm continues to honour George Allen's social justice legacy through its commitment to providing pro bono legal services to community organisations and individuals who would otherwise struggle to find access to justice. The pro bono practice today has a broad remit and touches every area of the firm, with a particular focus on the protection of human rights, support for Aboriginal and Torres Strait Islander individuals and organisations, enhancing environmental sustainability and helping people with mental health challenges.