Evolving Practices for Pro Bono Work in the United States

1. Evolving Practices for Pro Bono Work in the United States Robert E. Herzstein, Esq. Eric S. Koenig, Esq. Members, Board of Directors, Appleseed Foundation January 28, 2008

2. A Quick Historical Perspective on Pro Bono • Louis D. Brandeis (1856-1941): “The People’s Attorney” • Tradition of public service among U.S. lawyers • 1950s/1970s social conditions lead to interest in using the law to achieve systemic change and fight injustice • Struggle against racial segregation • Idealism of JFK’s “New Frontier” and LBJ’s “Great Society” • Peace Corps, VISTA, War on Poverty, Neighborhood Legal Services – all call for activist volunteers to improve social conditions • Civil Rights and Voting Rights Acts • Consumer activism • Disillusionment with government and “the establishment” • Vietnam War • MLK and RFK assassinations • Chicago convention riots • Watergate • Graduating law students seek (demand) opportunities to reform society • 1980s leads to huge increase in pro bono work in law firms and law schools

3. Catalysts for Change • Demands of law students and practicing attorneys • American Bar Association increases support for pro bono • ABA amplifies efforts undertaken by lawyers • ABA Model Rule of Professional Conduct 6.1 (Voluntary pro bono publico service): • Lawyers should provide at least 50 hours of pro bono work annually • Direct representation of the poor or organizations which serve the poor without expectation of remuneration • Additional service to groups seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations • Participation in activities for improving the law, the legal system or the legal profession • For materials, see www.abaprobono.org and www.abanet.org/legalservices/probono/rule61.html • State and local bar association goals and ethics rules

4. Catalysts (continued) • Publicity: Ranking and Recognition • The American Lawyer -- annual listings of top firms • Profit-per-partner initial basis for ratings • Associate satisfaction, diversity and pro bono added as additional measures • The “A” list of the top 20 firms nation-wide • Measures all of the above criteria in a single list • Pro bono score double-weighted • Allows firms that are not the most profitable to make the list • Top three firms had close to the highest pro bono scores • Recognition through “A” list annual dinner and publicity • List inspected carefully by members of the bar, students • Lifetime achievement awards for public service

5. Catalysts (continued) • Pro Bono Institute’s Law Firm Challenge (1996) • Georgetown University Law Center • See www.probonoinst.org/challenge • Applies to law firms with more than 50 lawyers • 3 or 5% of each firm’s total billable hours per year • Firm-wide commitment by all attorneys • Focus on legal services for: • Persons of limited means • Charitable, religious, civic, community, governmental and educational organizations addressing the needs of persons of limited means • Regular monitoring and reporting • 23 million hours of pro bono legal assistance estimated to date • 150 firms are signatories • Includes Arnold & Porter; Baker Botts; Cleary Gottlieb; Covington & Burling; Debevoise & Plimpton.

6. Catalysts (continued) • Corporate Pro Bono Challenge (2006) • Co-sponsored by the Association of Corporate Counsel of America (ACCA) and the Pro Bono Institute • Helps develop culture of pro bono in corporate legal departments • Simple, voluntary statement of commitment by general counsels • Overall goals: • Focus on improving the economic and social climate of communities • Encourage at least one half of the legal staff to do pro bono • Encourage outside firms used by companies to sign the Pro Bono Institute’s Law Firm Challenge • 68 signatories • Includes Accenture, AIG, Bank of America, Best Buy, Citigroup, Coca-Cola, Dell, GE, HP, Intel, Merck, Met Life, Microsoft, Pfizer, Sara Lee, Shell, Starbucks, Washington Post

7. Catalysts (continued) • Law Schools devote more resources to pro bono • Changing the culture starts with the law schools • Giving public service and public interest higher priority • Scholarships such as Root-Tilden and Gates promote public interest • Part-time opportunities for pro bono work while in school • Public interest summer internships for domestic and international work • Clinical programs promote training, experience, confidence • Clinical programs offer tenure-track to faculty • Students prepare, bring, argue cases with supervision • Academic credit equal to traditional law courses • Public Interest Law Centers promote systemic reform • NYU’s Brennan Center for Justice • Center for Community Problem Solving

8. Catalysts: Law Schools (continued) • Loan forgiveness makes it easier to accept a public interest position • Law students ask for information about firm pro bono policies from recruiters • Law schools add pro bono information to their own marketing materials • “Equal Justice Works” Dean’s Conference • 12 Deans at a meeting of the American Law Society • Leadership from the top of the law school • Instilling values throughout the law school experience • Tracking what happens to students after law school • What does it mean to do public interest work in a private setting? • Helping to balance careers • Continuing education and opportunity

9. Catalysts: Law Schools (continued) • Law Schools receive and offer recognition • Equal Justice Works: The E-Guide to Public Service at America’s Law Schools • www.equaljusticeworks.org • Law schools add pro bono information to their own web sites and recruiting materials • www.law.nyu.edu • Law students ask firms for information about their pro bono policies and achievements • www.cov.com; www.millerchevalier.com/firmprofile/probono • National Association for Law Placement (NALP) • Directory of Legal Employers includes public interest • www.nalpdirectory.com

10. Catalysts: Law Schools (continued) • ABA requires pro bono for law school accreditation • ABA Law School accreditation standard 302(b)(2): • “A law school shall offer substantial opportunities for student participation in pro bono activities” • ABA Rule Interpretation 302-10: • “Pro bono opportunities should at a minimum involve the rendering of meaningful law-related service to persons of limited means or to organizations that serve such persons.” (emphasis added) • See www.abanet.org/legaled/standards/standards.html

11. Appleseed Foundation (1993)“Pro Bono’s New Frontier” (The American Lawyer) • 16 Public Interest Justice Centers in U.S. and Mexico • Focus on systemic reform and structural solutions • Volunteers from legal, business, and academic professions • Local centers set priorities through their boards of directors • Program examples: health care, educational quality, financial access, immigration, remittances, election reform • National office and field staff provide policy expertise, funding • Executive Director Council promotes coordination and best practices • Multiple offices handle “signature projects” • Latham & Watkins – Appleseed election reform • Several firms worked together on Katrina response analysis • Foundations support and law firms handle projects for centers • Alabama Appleseed develops pro bono culture • See www.appleseeds.net; mexico.appleseednetwork.org

12. International Developments • Pro bono Declaration for the Americas (2008) • Culmination of Latin American initiatives begun in 2001 • Argentina, Brazil, Chile, Colombia, Ecuador, Mexico & Peru • More than 200 founding signatories from nine countries, including Mexico • Law firms, bar associations, law schools, NGOs, judiciary, government, corporate institutions, private attorneys • Lawyers have a responsibility to provide pro bono legal services • Pro bono is defined as: • Actions carried out “for the public good.” • Legal services without a fee or expectation of a fee • Represent poor or underprivileged persons or communities and the organizations that assist them • Represent civic, cultural and educational institutions serving the public interest • Minimum commitment of 20 hours per lawyer per year (average for firms) • See www.nycbar.org/VanceCenter/Projects/PBDA.htm (documents in English and Spanish)

13. International (continued) • Public Interest Law Institute • First European Pro Bono Conference (2007) • See www.pili.org • International Senior Lawyers Project • Volunteer legal services by skilled and experienced attorneys • Advance democracy and the rule of law; protect human rights; promote equitable economic development • Project examples: • India – assist Human Rights Law Network • Botswana – provide commercial law training • Bulgaria – participate in access to justice project • See www.islp.org • American Bar Association’s Rule of Law Initiative • Seven major program areas including: • Human rights; criminal law, judicial, and legal profession reform

14. Why would a firm, company or law school encourage pro bono work? • Improve society • Professional duty to the law, society, progress • Provide legal services to needy persons • Law reform and creation of a “civil society” under the rule of law • Personal and professional development • Individuals can make a difference • Connect legal theory and practice • Develop and enhance legal skills • Enhance reputation and stature • Assist in recruitment of students, lawyers and clients • “Giving back” to the community • Build networks • Faculty, students, alumni, bar associations and the judiciary

15. How do you get started? • Leadership from the top of the law firm • Establishing a formal policy encouraging pro bono work • Defining what doing pro bono work means; offer examples • Getting buy-in from the bar and from organizations of lawyers, law firms and corporations • Ensuring that it counts in evaluations; billable hours; promotions • Allowing for sufficient time to handle projects • Providing adequate staffing, support and coordination • Recognizing successes • Pro bono lawyer or project of the year • Article in the local legal or regular newspaper • Celebrating the firm’s overall contributions

16. How do you get started? (continued) • Developing a pro-bono clearinghouse • Appleseed Mexico could create a coordinating group • In cooperation and partnership with others • Key tasks for the clearinghouse • Project intake and review • Development of the project file • Referring the project to interested firms or individuals • Helping to find, develop and nurture expertise • Building the public interest community • Fostering relationships among non-profit groups and law firms, corporations, academics and solo practitioners • New York Lawyers for the Public Interest • Long-term experience as a referral group • See www.nylpi.org

17. Just Do It! • Questions? • Acknowledgements: • Betsy Cavendish, Executive Director, Appleseed Foundation • David Stern, Executive Director, Equal Justice Works • Jean Berman, Executive Director, International Senior Lawyers Project • Karen Lash, consultant on non-profit legal work • Thank you!