The PBEye

Verizon Serves Nonprofits in Virginia

Earlier this month, Verizon Communications Inc.** hosted its fifth Clinic in a Box^SM with CPBO, DLA Piper LLP (US)*†, and United Way of the National Capital Area.   Sixteen volunteers from Verizon’s Virgina office provided legal assistance to four nonprofits.

The Clinic began with a training session for the Verizon volunteers led by DLA Piper attorneys.  The session covered tax, real estate, corporate, intellectual property, and employment law, with a specific focus on how those issues might pertain to nonprofits.  Following the training, Verizon attorneys worked in teams to conduct a legal health check-up of the nonprofit clients. 

The client organizations assist a range of beneficiaries, including the elderly, families with an autistic child, young women with breast cancer, and mothers and children in Ghana.

Following the Clinic, one client remarked, “Today was terrific. Really. I told the group that worked with me that I wish I could walk around wrapped in a bubble of their counsel from now on!  Thanks so much.”

The Clinic is one example of the great pro bono work Verizon and DLA undertake together as a part of their award-winning, innovative partnership.

To learn more about the Clinic in a Box^SM model, contact Eve Runyon, director of CPBO.

* denotes a Signatory to the Law Firm Pro Bono Challenge^®
† denotes a Member of the Law Firm Pro Bono Project
** denotes a Signatory to the Corporate Pro Bono Challenge^SM

VIDEO: WDPB – Steve Schulman, Akin Gump Strauss Hauer & Feld LLP

Some of the reasons for doing pro bono are simpler than others. Pro bono can be used for professional development, developing relationships, expanding business, and more, but at the very end you can’t deny the good feeling.  That is the good feeling you get from helping someone in need.

This week hear from Steve Schulman, pro bono partner at Akin Gump Strauss Hauer & Feld LLP*, about why it’s important to do pro bono.

* denotes a Signatory to the Law Firm Pro Bono Challenge^®

VIDEO: Can Mandatory Pro Bono Work in NY?

By now, New York Court of Appeals Chief Judge Jonathan Lippman’s initiative to require pro bono service as a condition of admittance to the New York State Bar has made the rounds of the legal community.  Judge Lippman’s announcement, made appropriately on Law Day (May 1), made some waves as various observers touted the pros and cons of the proposal.

This week, a column by PBI President and CEO Esther F. Lardent appeared in The National Law Journal, applauding the action while strongly cautioning against overzealous implementation. Lardent outlined several issues that would affect the roughly 10,000 annual applicants to the bar as well as legal institutions, such as legal aid organizations, law schools, and others.

The PBEye sat down with Lardent to talk in depth about the possible direct impact and implications of requiring pro bono service.  Lardent, who called Judge Lippman’s decision “courageous,” also offered her thoughts on ways to add the requirement in a way that avoids stressing the justice system and those who serve it.

More on mandatory pro bono:
Chief Judge Jonathan Lippman’s Law Day 2012 Remarks
A New Lawyer’s Duty
Mandatory Pro Bono: Not Only an Oxymoron, But at Cross-Purposes with its Goal
Is it time for Mandatory Pro Bono?
Is Mandatory Pro Bono in the Queue as a Solution to our Access-to-Justice Crisis?

Pro Bono as Professional Punishment?

No surprise here — we spend a lot of time thinking, writing, and talking about why lawyers, law firms, and legal departments do pro bono work!  We even concluded the 2012 Pro Bono Institute Annual Conference with a half-day workshop, Why Do Lawyers Volunteer?, during which renowned expert Dr. Larry Richard examined questions related to why lawyers choose to do pro bono work, and how the individual’s workplace influences—for better or worse—that decision.

Until it recently came to our attention, one driver that we had not focused on is pro bono service performed as a result of professional disciplinary action.  Although several states have similar schemes, a case out of Rhode Island, a state to which we have close ties, is representative.  Faced with an attorney who had failed to provide diligent representation to his client in a medical malpractice case (not replying to discovery requests and agreeing to dismiss the case without the client’s knowledge and consent), in April the Rhode Island Supreme Court adopted a recommendation of its Disciplinary board and ordered the attorney to perform 75 hours of community and/or pro bono service within one year as a disciplinary sanction.

Pro bono service as a sanction in the context of lawyer professional discipline strikes us as being a potential “worst practice” that could negatively impact the profession and the clients being served.  Do we want to send the message that pro bono is a punishment of a lesser alternative to disbarment or suspension?  And, what about the pro bono clients?  Do we feel confident that lawyers who have been sanctioned for unethical actions will provide pro bono clients with the high-quality representation they deserve?

Do you agree or disagree?  Leave us a comment below and tell us what you think.

In-House Values Firm Pro Bono

Do legal departments value the pro bono performance of their outside firms?  The answer is a resounding yes!  In fact, it’s increasingly clear that legal departments are using various ways to show  just how much law firm pro bono means to them.

Requests for Proposals and Selecting and Evaluating Outside Firms
According to a 2010 survey of CPBO Challenge^SM Signatories conducted by CPBO, more than 50 percent of responding Signatories inquire about the pro bono performance of their outside law firms.  Twenty -seven percent of responding legal departments include questions about pro bono in their requests for proposals (RFPs).   For example, some legal departments ask the question, “Does your firm have an active pro bono program?”  Other legal departments ask, “Is your firm willing to partner with your business clients on pro bono projects?”  CPBO also found that 35 percent of responding Signatories consider a law firm’s pro bono commitment when evaluating outside counsel, and 30 percent ask whether their outside law firms are Signatories to PBI’s Law Firm Pro Bono Challenge.

The PBEye knows of several legal departments, including those at The Clorox Company**, Merck & Co. **, and Walgreen Co.**, whose general counsel have expressly stated that  they consider pro bono performance when selecting outside counsel.  At the recent PBI Annual Conference, Walgreen Executive Vice President, General Counsel and Corporate Secretary Tom Sabatino shared with attendees that pro bono performance is one of the factors he considers when vetting outside firms.

Pro Bono Awards
Another way legal departments demonstrate their interest in law firm pro bono is by publicly acknowledging outstanding firm pro bono work.  For example, in 2011, Dell Inc.** presented the first annual Pro Bono Excellence Award to Vinson & Elkins LLP*† for its work with Dell at evening legal clinics and to Graves, Dougherty, Hearon & Moody, P.C.* for its collaboration with Dell on transactional work for nonprofits.  Dell recently honored Baker Botts LLP*† with their 2012 Pro Bono Excellence Award.  The award is an excellent example that legal departments value their firms’ commitment to pro bono.

In-House and Law Firm Pro Bono Partnerships
Other departments demonstrate their interest by partnering with outside counsel on pro bono.  CPBO found in its 2010 survey that 78 percent of responding Signatories partner with outside counsel on pro bono matters.  AT&T Inc.** Senior Executive Vice President and General Counsel D. Wayne Watts recently said that “It is important that our lawyers at AT&T do pro bono and it is important that the law firms who work for us be committed to pro bono.”  He explained that offering to partner with in-house counsel on pro bono is a good way for law firms to get their foot in the door for paid work.  ExxonMobil Senior Counsel Susan Sanchez echoes Watts’ comments, noting that Exxon hires outside law firms after partnering on pro bono work.

As in-house pro bono grows, so does legal department interest in law firm pro bono.  Asking questions about pro bono in requests for proposals, presenting awards recognizing law firm pro bono, and partnering on pro bono projects are just a few ways that legal departments are demonstrating the value they place on law firm pro bono performance.

Let us know what you think by responding to our poll on this topic on the CPBO website.  What are some other ways legal departments demonstrate they care about the pro bono performance of outside firms?  Share your ideas in a comment below.

* denotes a Signatory to the Law Firm Pro Bono Challenge^®
† denotes a Member of the Law Firm Pro Bono Project
** denotes a Signatory to the Corporate Pro Bono Challenge^SM

VIDEO: WDPB – Jim Jones, PBI Board Chairman

We all know that with great power comes great responsibility.  For lawyers, that responsibility is often to use their role in the justice system to help those in need.  Of the many reasons that we at The PBEye endorse pro bono, this may be the one that we hear the most from the lawyers we’ve been privileged to meet.

This week, hear from PBI Board Chairman James W. Jones about the professional obligations of lawyers and how they relate to pro bono.

In case you missed it, see Jones’s take on pro bono after the recession.

Guest Blog: ExxonMobil’s Conference Experience

I really enjoyed this year’s PBI Annual Conference. It is such a great opportunity to connect with other professionals who care deeply about pro bono. I think it is very helpful to discuss areas of concern and challenges with others in the field that who can provide the benefit of their experiences. Our program at ExxonMobil in Northern Virginia is still fairly new and I appreciate the assistance that I always receive from the other participants at the Conference.

At this year’s meeting I was asked to participate in a panel on the topic of “Time-Limited Pro Bono.”. The idea for the session is that some attorneys would likely be more willing to participate in pro bono if they had shorter, finite opportunities that weren’t open-ended time commitments like some pro bono work can be. For example, attorneys that who have not previously done pro bono or younger attorneys could especially benefit from these types of opportunities. Also on the panel with me were Karen Grisez of Fried, Frank, Harris, Shriver & Jacobson LLP* in Washington, D.C., and James Bishop with Catholic Charities, also in D.C.

At ExxonMobil’s Northern Virginia office, we participate in two projects that are fairly limited in their time commitment so I shared with the group attending our session a brief overview of our Wills Clinics and our Domestic Violence Attorney-of-the-Day programs. We participate in both programs in partnership with Hunton & Williams LLP* and Legal Services of Northern Virginia (LSNV), and both programs have afforded our Northern Virginia ExxonMobil lawyers, paralegals, and support staff the opportunity to provide meaningful community service by way of short, time-limited projects.

Our Wills Clinics last only one day, with the ExxonMobil and Hunton & Williams attorneys and paralegals meeting initially with the LSNV clients to assess needs and gather information. While the clients have lunch, the legal professionals draft the legal documents that were requested. When the clients return from lunch they review the documents and any needed final revisions made. We execute, notarize, and make copies of the documents for the clients and send them on their way.

Each month a volunteer lawyer from ExxonMobil is paired with a volunteer lawyer from Hunton & Williams, and supported by a paralegal from one of the offices to participate in LSNV’s Domestic Violence Attorney-of-the-Day program. About two weeks in advance of the hearing date, our professionals receive the in-take files for each of the LSNV domestic violence clients (usually from one to five). The attorneys and paralegals meet with the clients to gather evidence and prepare arguments for a protective order and other, specified ancillary remedies, as appropriate.

Our attorneys and paralegals have responded very favorably to our programs and I was pleased to be able to share the ideas with others.

Karen and James also shared with the group a number of excellent ideas for time-limited pro bono, and then we had time for the entire group to share ideas and ask questions. All in all it was a very collaborative session and I was glad to have had the opportunity to participate.

Andrew Fisher is counsel, Fuels Marketing Law Section at Exxon Mobil Corporation.

*denotes a Signatory to the Law Firm Pro Bono Challenge^®

Improving Partner Participation: Part 2

Is your law firm struggling with a culture that treats pro bono as exclusively “associate work”?  As we reported last week, it is critical to gain and maintain meaningful participation from partners.   Whether it is in a hands-on or supervisory role, partner participation demonstrates that pro bono is a vital part of the firm and ensures that pro bono clients receive high-quality service.

Wondering how best to engage partners at your firm? We’ve got you covered!  Here are some additional helpful hints and best practices for achieving significant partner involvement and successfully addressing obstacles to partner participation:

• Visible and meaningful leadership support, at all levels (chairs and managing partners, executive committee members, practice group and office heads) is crucial.  Pressure from the top may help motivate and reinforce partner involvement; however associates who make a pitch for a project can also engage the partners with whom they already work or would like to work.
• Partners may be especially hesitant to engage in projects that extend beyond their areas of expertise.  Arrange trainings (for CLE credit) to provide your partners with sufficient background knowledge.  Partners may also be hesitant due to time constraints; consider team staffing and offer discrete and time-limited opportunities.
• Consider aligning pro bono with mentoring, training, recruiting, marketing, and firm goals.  For example, if the firm is launching a new robust mentoring program, a partner-mentor could supervise their associate-mentee on a pro bono matter to enhance their relationship and be in a better position to evaluate first-hand the associate’s skills.
• Not all partners are monolithic.  Take into account the different needs and circumstances of all firm partners (junior partners; income partners; equity partners; part-time partners; lateral partners; and senior partners preparing for retirement).
• Success breeds success. Be patient.  Start by targeting a few partners and let the culture of pro bono grow along with the visible success and involvement.
• Corporate clients and the courts have played useful roles in motivating and reinforcing partner involvement.
• Think long term.  Start with new associates; if they are encouraged to do pro bono from day one, it will become second nature, which they will maintain when they become partners.

Dell & GDHM Partnership Helps Small Businesses

Like many legal departments undertaking pro bono work, the pro bono committee at Dell Inc.** recognized the importance of providing transactional pro bono projects for its attorneys.  In 2009, with the assistance of Texas C-BAR, Dell established a partnership with Graves, Dougherty, Hearon & Moody (GDHM)*† to provide pro bono legal assistance to small businesses.  The program provides an opportunity for Dell attorneys to use their skills to benefit small businesses in the community.

Members of the Dell legal department (Dell Legal) and GDHM co-teach a monthly class to clients of BiGAUSTIN, an organization that provides SBA-approved microloans to local small businesses.  The class covers a range of topics such as choice of entity, taxation, and intellectual property.  Teaching responsibilities are shared equally by attorneys from Dell Legal and GDHM—generally, each class is taught by one member of Dell Legal and one member of GDHM.

The class has been offered nearly every month for the last three years, with an average class size of 25 small business owners.  Dell and GDHC estimate that they have served nearly 1,000 clients since the program’s inception.  Dell and GDHM recently created a website where attendees can access training materials, including links to websites with information helpful to small business owners.

* denotes a Signatory to the Law Firm Pro Bono Challenge^®
† denotes a Member of the Law Firm Pro Bono Project
** denotes a Signatory to the Corporate Pro Bono Challenge^SM

Improving Partner Participation

A popular and well-attended session at last month’s 2012 Annual Conference was “Best Practices for Improving Partner Participation.”  Many law firms struggle with how to involve more partners in pro bono work.  The PBEye believes that it is critical to attain meaningful participation by partners — it broadens a firm’s pro bono capacity and helps ensure the long-term vitality of pro bono by sending a clear message that pro bono is an important and lasting firm value.

Here are a few helpful hints and best approaches for achieving significant partner involvement and successfully addressing obstacles to partner participation:

• Perform diagnostics to locate the root of the problem and identify the causes of disappointing partner performance.
• There may be a mismatch between available opportunities and partner interests.  There are a range of tools you can employ, from conducting partner interest surveys to holding one-on-one meetings.  Research and locate complementary pro bono matters that are tailored to their passions, interests, and existing community service commitments.  Projects should not only be of interest to partners, they should also serve critical legal needs.
• Incorporate pro bono in any self-evaluation that partners may complete.  Include pro bono in any reports on partner hours, receivables, and realization rates that are circulated.  Contact Law Firm Project Assistant Christine Sutherland for examples of firm policies that encourage partner participation.
• If it’s in keeping with the firm’s culture, peer pressure and competition can act as motivators.  Peer pressure may be enough for individual partners to step up their pro bono efforts.  Others may respond to an office or practice group competition; track, compare, and publicize their pro bono hours and progress.
• Raise partner visibility by featuring participating partners in a newsletter, e-mail, or on the firm’s website.  Acknowledgement at an awards ceremony and other firm events can also call attention to their pro bono work.

Stay tuned for Improving Partner Participation Part Two next week! You can contact the Law Firm Pro Bono Project for a copy of our handout, which contains several ideas to achieve significant partner involvement and how to successfully address obstacles that may stand in the way.

If your firm has utilized other methods to successfully increase partner participation, feel free to leave us a comment below!