Getting Into the Pro Bono Game
Advance your career: Start a firm-wide volunteer program.
By
Lori
Thompson
January/February 2006 Issue
Many paralegals and
attorneys enter the legal field because they enjoy helping others, and
some are passionate about providing legal services to those who can’t
afford it. Every attorney is asked to make an hourly commitment to
provide pro bono service each year. The American Bar Association’s Rule
6.1, Voluntary Pro Bono Publico Service, states that “every lawyer has a
professional responsibility to provide legal services to those unable to
pay. A lawyer should aspire to render at least 50 hours of pro bono
publico legal services per year.”
Paralegals also are
asked to make an annual commitment to
pro bono. Canon 1.4 of
the National Federation of Paralegal Associations’ Model Code of Ethics
and Professional Responsibility and Guidelines for Enforcement states
that every paralegal should aspire to contribute 24 hours of
pro bono
service annually. The National Association of Legal Assistants doesn’t
have an official policy regarding
pro bono work by
paralegals, but such activities are encouraged. In the comments to
Guideline No. 4 of NALA’s Annotated Model Standards and Guidelines for
Utilization of Legal Assistants, it states, “The working relationship
between the lawyer and the legal assistant should extend to cooperative
efforts on public service activities where possible.”
While many
attorneys and paralegals are interested in
pro bono work, the
challenge is determining how to get the ball rolling. Regardless of
whether your firm has a
pro bono program that
needs re-energizing, or you are treading into new territory to develop a
firm-wide
pro bono program, the best way to start is with the four
R’s of pro
bono: recruiting, retaining, recording and recognition.
Recruiting
The key to recruitment is explaining the value of
pro bono work and showing co-workers what giving their
time to volunteer work can do for them. Develop a marketing plan that
emphasizes how the program provides your co-workers something they can’t
find or acquire anywhere else.
First, talk with
your co-workers, attorneys and paralegals and find out about any
pro bono
projects they are already involved in. For example, a paralegal might
already be part of a local paralegal association
pro bono
program, or perhaps an attorney is part of a monthly legal clinic.
Next, research the
local opportunities in your area. Contact the local bar association and
nonprofit organizations such as Neighborhood Legal Services, Court
Appointed Special Advocates, Legal Aid or other legal services offices.
You also can obtain information from the ABA’s Directory of
Pro Bono
Programs and the Lawyers Diary and Manual. Many local bar associations
organize
pro bono fairs where nonprofit organizations distribute
materials about their programs. Don’t walk away from opportunities for
secretaries and administrative staff, as well as attorneys and
paralegals. The goal is to provide a variety of opportunities that will
appeal to all of your co-workers.
After you come up
with some ideas for projects, talk with one of your attorneys or a legal
administrator about scheduling an informal meeting to determine if there
is interest in the firm. The attorney or legal administrator can assist
you in navigating the political waters that are unique for every law
firm, corporation or government agency. They might be willing to talk to
a managing partner on your behalf. The goal is to find a mentor. For the
program to succeed, remember that support comes from the top. Co-workers
will support your program if the senior attorneys are supportive or
involved.
Once you have
approval to go forward, schedule an informal meeting during lunchtime.
Come to the meeting prepared with information and enthusiasm. Your
excitement will be contagious. Prepare a sign-in sheet (name, e-mail and
telephone number) and brief survey to document interests and time
commitments. Once you have an interested group, you can form a
pro bono
committee and choose someone to lead the group (co-chairs or
co-coordinators between an attorney and paralegal). Include your mentor
or sponsor from the firm’s management, if possible. If you have a really
motivated group, you might try rotating the leadership for the meetings.
Once you have a
committee and a list of interests, determine what projects your firm
will support and establish a list of pre-approved
pro bono
activities. These projects can be advertised on the firm’s internal Web
page. For example, law firms and federal agencies in Washington, D.C.,
sign up to host a monthly Advice & Referral Legal Clinic organized by
the District of Columbia Bar. Your firm might choose a specific clinic
in which the firm commits to providing attorneys and paralegals. The
commitment is minimal (three to four hours on a Saturday), and there is
no commitment beyond the clinic. I have volunteered for most of the
clinics that my agency has hosted. It’s an amazing experience when
team-building and camaraderie develop while spending time with your
co-workers outside of the regular work environment.
From the beginning,
the firm should have a
pro bono statement
that: shows commitment to
pro bono activities as
an important element of professional responsibility; establishes an
annual goal; credits time spent on approved
pro bono work toward
each attorney’s or paralegal’s annual performance goals for purposes of
evaluation and compensation; defines the type of work that will qualify
as pro
bono; and includes national, state or professional annual
goals.
A long-term goal
for the committee will be to develop a
pro bono policy and
budget. The policy statement will be the building block for a successful
program. This is a road map from which the program will begin and
provide flexibility for change as the program grows. In the
pro bono policy:
-
Define what will
be included as pro
bono legal activities.
-
Establish a
coordinator or a committee that includes attorneys and paralegals.
-
Explain
limitations on pro
bono legal services, including details about the types
of cases that are prohibited and references to policies or
procedures for outside activities.
-
Determine how new
volunteer opportunities not on the pre-approved list can become
approved.
-
Outline specific
procedures for following the firm’s conflict of interest system for
pro bono
cases.
-
Create retainer
agreements detailing whether the attorney is representing a client
as an individual attorney or on behalf of the law firm or
corporation.
-
Determine whether
the referring pro
bono program or organization has a malpractice
insurance policy that covers volunteer attorneys and paralegals.
-
Set guidelines
about whether the attorney or paralegal will be allowed to use the
firm’s letterhead, business cards or other identifying resources
when working on volunteer cases.
-
Determine how the
attorney or paralegal can use the firm’s office equipment, services
and clerical staff when doing volunteer work.
-
Set up a
procedure for using work hours for
pro bono and the expectation
that billable client work must be completed in a timely manner for
the attorney or paralegal to continue working on
pro bono
matters.
-
Detail the costs
that will be absorbed by the firm or corporation (e.g.,
filing fees).
-
Determine if
pro bono
is included with billable hours or is included and reviewed as part
of the annual review (considered in setting performance evaluations
and compensation).
-
Establish that
involvement is voluntary.
Budget issues are
important to consider early in the process. A possible concern of the
firm’s management might be that time spent on
pro bono matters will
negatively influence the work of the firm. An attorney or paralegal
might find volunteer work more rewarding, and his or her regular
billable time might not seem as exciting. To address this concern, the
committee might consider a maximum hourly limit for the program that can
be reviewed annually.
If the firm is
willing to absorb some of the costs of
pro bono work, the
focus can be on establishing an annual recognition program. A budget for
an annual luncheon or happy hour event in addition to the cost of
plaques can be included. Monthly certificates also can be presented at
the committee meetings. Determine where the firm or corporation can
support the project and where money will be needed to prevent your
co-workers from spending their personal funds.
Retaining
Turnover is healthy, but ideally you want to retain trained volunteers
while attracting new ones. The challenge is keeping them interested and
involved. Volunteers stay involved if their efforts are appreciated and
acknowledged, and if they feel they are making a difference. Make sure
your volunteers are treated with respect and are provided the
information they need to succeed.
Set up a network to
communicate. Develop an internal Web page to advertise local training
opportunities,
pro bono conferences
and clinics. The site also can include links to substantive materials,
forms, laws, checklists and tip sheets. For example, www.probono.net is
a great resource. It has a variety of information that includes
state-specific Web pages with information about cases, library
resources, calendars and news. The geographical areas covered include:
Washington, D.C., Georgia, Iowa, Louisiana, Minnesota, Montana, New
York, Pennsylvania, California, Texas, Virginia and Washington.
Another resource is
the ABA’s
Pro Bono and Public Service Best Practices Resource Guide, an
online database of model pro bono and public service programs
from all practice areas. A project of the ABA Commission on the
Renaissance of Idealism in the Legal Profession, the guide is a tool for
legal professionals who want to increase service opportunities in their
firm. Legal professionals can access, search and contribute to the guide
at:
www.abanet.org/renaissance/
bestpractices/home.html.
Organize regular
meetings during lunch to keep everyone motivated and up-to-date about
what is happening. Have an agenda, stay focused, keep the meetings short
and provide opportunities for everyone to share ideas. Make it easy for
your co-workers to get involved and stay involved. Don’t overwhelm them
with opportunities, and don’t pressure them to support every project in
the community.
The monthly
meetings also can be organized as mini continuing legal education
sessions where a representative from the nonprofit organization can
provide information about an area of the law that might be new to your
firm. For example, if your law firm is going to support a local clinic,
help your co-workers feel comfortable with the environment, the issues
that are addressed and how to assist the clients. Many clinics provide
substantive materials in the areas of law that are addressed. Ask
someone to talk about his or her experiences and share tips about what
made the experiences successful. Many bar associations schedule
pro bono
training that is sponsored by a local nonprofit organization that
specializes in an area of law. If your co-workers can commit to a
pro bono
training session, they will have direct contact with organizations that
need assistance.
Assess and evaluate
the programs in which your co-workers commit their time. The attorneys,
paralegals and support staff can provide valuable input. When a
co-worker completes a
pro bono project, send
out a simple survey or provide a link to the Web page where they can
complete the survey. Find out if their expectations were met, if they
feel their skills were used, and ask for ideas to improve the volunteer
experience. It’s also a good idea to get an assessment from the
nonprofit organization.
Recording
There are many benefits to keeping track of what your co-workers are
doing. The information can be used to present annual
pro bono
awards, recognize your co-workers in the firm’s newsletter, submit your
co-workers for state or local bar association awards (attorneys and
nonattorneys) and more. This task is manageable if you establish a
reporting system early. For firm-sponsored events, have a sign-up sheet.
You also can develop a one-page reporting form for the attorneys and
paralegals to use. A sample form is available on NFPA’s Web page (go to
www.paralegals.org and click on
“pro bono”).
Keeping track of
pro bono
hours proves to the firm there is a commitment to
pro bono
and also highlights opportunities that others at the firm might not know
exist.
If your firm has a
billing code for
pro bono hours,
include details about the activity. This might be a goal for the second
or third year of the program. Once the firm adopts the policy statement
and has accepted the
pro bono projects
chosen by the committee, a
pro bono billing code
should be established for the attorneys and paralegals to code their
time. The system will allow the committee to evaluate the program
annually.
Once you get
involved in
pro bono, don’t forget
about the ethical obligations that are part of your daily work routine.
Use your firm’s conflict check system, and confirm with the company for
which services are rendered that malpractice insurance is available and
covers the attorneys and nonattorneys. Attorneys and paralegals who
volunteer in
pro bono projects are
subject to the same laws, rules and ethical considerations that apply in
their employment situations. The same attorney-client privilege exists,
conflict of interest checks are necessary and unauthorized practice of
law must be avoided.
Recognition
Organize a system to recognize your co-workers’ volunteer efforts.
Acknowledge the attendees who supported a firm-sponsored clinic on the
Web page or in the firm’s newsletter. Organize an annual social event
where certificates can be presented to everyone who supported the
pro bono
committee. Consider a Volunteer of the Month Award that is presented at
the regular meetings. Also, nominate the attorneys and paralegals for
local and national awards. The ABA, and many national and local
organizations present annual awards. Your co-workers are providing a
service to those in need in your community, but they also are
sacrificing their free time, lunchtime and ability to work on other
projects during the day. Their dedication changes lives.
Many law firms
include information about the firm’s commitment to
pro bono
on the firm’s Web page. Web pages can range from having a few paragraphs
that basically advertise the firm’s commitment to
pro bono,
to specifically listing projects and cases in which the firm has made
major commitments.
The Challenges
We live in busy times, and you are competing with a variety of
priorities. You might live in an area where your co-workers commute long
distances from their homes. We all have families, community service
commitments and limited free time to accomplish nonwork-related
responsibilities. You still can achieve success, but time commitments
might limit the ability of your co-workers to support an evening or
weekend legal clinic.
In the beginning,
your co-workers might need to balance their billable hours against
pro bono
projects. They might not be willing or able to work on more substantive
pro bono
projects during the day, but might be willing to support a morning,
lunchtime, evening or weekend legal clinic. As the firm’s management
begins to support
pro bono, they might
be willing to set up a billing code for
pro bono and allow a
maximum number of hours per month so that no one has to work extra hours
to meet their billable hour requirement.
Also, be prepared
for varying interests. Everyone has specific areas of interest and might
be less enthusiastic about helping with other projects. If you do a
thorough job of determining your co-workers’ interests, you will not
waste valuable time and energy pursuing opportunities that will not be
supported.
Mandatory Pro Bono
The issue of mandatory
pro bono is a highly contested topic, but everyone seems
to understand the need for some type of requirement for the legal
community to at least report their
pro bono hours. Currently, only
four states have mandatory
pro bono reporting requirements for
attorneys (Florida, Maryland, Mississippi and Nevada) and eight states
have rejected mandatory
pro bono reporting (Colorado,
Indiana, Massachusetts, Minnesota, New York, Pennsylvania, Tennessee
and Utah). Twelve states have voluntary
pro bono reporting (Arizona,
Georgia, Hawaii, Illinois, Kentucky, Louisiana, Missouri, Montana, New
Mexico, Texas, Utah and Washington), and two states are considering
voluntary pro bono
reporting (Michigan and Vermont).
The good news is
many law firms have adopted the ABA’s Law Firm
Pro Bono Challenge to
increase their
pro bono legal services to at least 3 percent of the
firm’s total billable hours. One Albany, N.Y., firm, Gordon, Siegel,
Mastro, Mullaney, Gordon & Galvin, went a step further and introduced a
mandatory firm-wide
pro bono program.
Partners and associates have the same 24-hour annual goal.
Low-performing partners must pay their $200 hourly rate for each hour
they fall short to a nonprofit organization that provides legal services
to the indigent.
While most firms are not at this point yet,
pro bono work is an
important part of the legal profession. Legal professionals volunteer
their time because they are dedicated to the program or clients being
served. Starting or revamping a firm-wide
pro bono program can
be rewarding to individual attorneys and paralegals and the firm as a
whole.
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