The PBEye

Pro Bono As We See It
April 24, 2012

Pro Bono in Practice: Immigration

People across the country and around the world will be watching closely when the U.S. Supreme Court hears arguments tomorrow on the bitterly disputed immigration enforcement law that was passed two years ago in Arizona, inspiring similar laws in Alabama, Georgia, Indiana, South Carolina, and Utah.  Arizona’s law, known as SB 1070, expanded the powers of state police officers to ask about the immigration status of anyone they stop and to detain those suspected of being illegal immigrants. The Obama administration challenged the law, and federal courts suspended several of its most contentious provisions.  Numerous firms, working pro bono, have filed amicus briefs in the case.

The case reminds us that immigration law is still a hot topic.  Pro bono lawyers can play important roles in ensuring that vulnerable people caught in the web of complex immigration laws, policies, and detention are treated fairly and humanely.  The tip of the iceberg of the broad range of representative pro bono clients and matters include asylum applications and appeals; immigrant victims of domestic violence; victims of human and sex trafficking; religious, political, and sexual orientation persecution cases; juveniles and unaccompanied minors; housing and employment discrimination; and comprehensive reviews of immigration court and detention systems.

If you are interested in learning more, check out the podcast and on-demand versions of our program: “State Immigration Initiatives: Arizona and Beyond – Pro Bono Needs and Opportunities.”  This program is designed for lawyers of all backgrounds who are interested in learning about a wide variety of immigration-related pro bono opportunities.  Leading practitioners and advocates explore emerging legal issues and pro bono opportunities, as well as larger collaborative efforts where law firms, legal departments, and public interest organizations can work together.  Additional topics include how pro bono lawyers can get involved and get started; and examples of pro bono engagements that range from individual representations to fact-gathering and FOIA work to policy advocacy and system re-design.

CLE credit is available in many states.  Registration is free of charge to Law Firm Pro Bono Project Member Firms.  Please contact Law Firm Project Assistant Christine Sutherland for the promotional code.

April 23, 2012

VIDEO: WDPB – Andrew Fisher, Exxon Mobil Corporation

We at The PBEye know the importance being in touch with your community’s needs.  And pro bono just happens to be a great relationship builder and way to connect with your community.

This week, hear from Andrew Fisher, counsel at Exxon Mobil Corporation, about why pro bono is important and how it can help you help others around you.

April 20, 2012

Annual Conference: In-House Highlights

For many years in-house pro bono was a new concept at a handful of legal departments and an unknown concept to most.  Now the departments span the continuum from novice to experienced and mature.  On March 28, pro bono leaders from many of these legal departments gathered in Washington, D.C., for the in-house track at the PBI Annual Conference, the only global gathering designed specifically to address the interests and issues of in-house pro bono.  Hosted by CPBO, the in-house track provided dedicated programming for attendees, whether just starting a pro bono program in their legal department or growing and expanding their existing program.

Engaging everyone, the in-house track kicked off with an opening plenary focused on the question of mandatory pro bono (you can weigh in on the topic in a poll on CPBO’s new website, here) and integrating pro bono into the culture of a legal department.  Then, to address the specific interests and needs of departments in the different stages of development, attendees broke off into two sessions. 

The first session, “In-House Pro Bono: The Basics,” was designed for legal departments seeking to formalize or reinvigorate their pro bono efforts.  Panelists shared their experience with starting or re-structuring a pro bono program, including building infrastructure and launching their pro bono programs. 

The other session, “Corporate Pro Bono 2.0: Momentum and Growth in Mature Programs,” focused on issues facing robust existing programs, including:

  • signature projects;
  • global pro bono;
  • partnerships and collaborations;
  • coordination with the organization’s community service and corporate social responsibility efforts; and
  • metrics.

The formal portion of the in-house track ended with a “Roundtable Discussion of Hot Topics in In-House Pro Bono,” during which attendees broke up into six groups of various experience levels to discuss topics of interest and to learn from one another.  Participants then joined their peers to continue their conversations and during a networking dinner.

While the in-house track wrapped up that night, attendees were just getting started.  As a part of the 2012 PBI Annual Conference, in-house attendees joined with participants from law firms and public interest organizations to attend a wide variety of sessions and events over the following two days. 

For those who missed the in-house track this year — not to worry, the 2013 PBI Annual Conference will be held March 14-16, at the Grand Hyatt in Washington, D.C.  We invite you to join us and the expanding list of legal departments engaged in in-house pro bono. For more information about CPBO or the in-house track, please contact Eve Runyon, director of CPBO, or visit www.cpbo.org.

April 19, 2012

Remembering a “Giant”

The PBEye and access to justice community mourn the loss of John G. Brooks  this week after the “champion for access to legal services for the poor died Sunday at his home.” Brooks, who was the past president of the Boston Bar Association and partner at Peabody & Arnold, spent his career advocating on behalf of access to legal services.

In a tribute to Brooks on its website, the Boston Bar Association notes:

In the 1950s, he began a lifetime commitment to pro bono work to improve the delivery of legal assistance for the poor. He became intimately involved in the evolution of those services from “legal aid” to “legal services,” in 1955 joining the board of the Boston Legal Aid Society, which later became Greater Boston Legal Services. He served as a board member until 1993 and as president from 1971 to 1973.

Brooks also served on the board of the national Legal Services Corporation, as well as the National Consumer Law Center which named its fellowship in his honor, and as managing partner of his firm from 1945 to 1980. PBI President and CEO Esther F. Lardent summed up Brooks’ impact on legal services saying,  ”I began my work in pro bono with John Brooks’ guidance and mentorship. He was a giant of our profession — unafraid to take a principled stand, quiet and unassuming yet relentless in his insistence on justice, and a role model for all who knew him.”

April 19, 2012

Honoring Their Memory

Today is Yom HaShoah — Holocaust Remembrance Day, a day of commemoration for the approximately six million Jews who perished in the Holocaust.  Imagine your youth and family destroyed by the Nazis and now your old age is tormented by the crushing burden of poverty.  This is the reality for a great number of survivors worldwide who live below the poverty line.

In May 2008, Bet Tzedek launched the Holocaust Survivors Justice Network in response to two German government sponsored payment programs.  The Network partners pro bono attorneys with Jewish social service providers to provide free legal assistance to eligible Holocaust survivors seeking reparations.  To date, operating in more than 30 cities, over 5,000 survivors have been served through the Network, and have already recovered more than $11 million.  Survivors assisted through the Network are projected to recover more than $190 million over the next five years.

The Network has been described as “the largest coordinated pro bono effort in United States history,” with more than 100 law firms and corporate legal departments participating.  We were proud to present the 2009 CPBO Pro Bono Partner Award to Aetna Inc.**; Bet Tzedek; and Manatt, Phelps & Phillips, LLP*† for this innovative partnership program.

Let’s honor the memory of those who perished by performing pro bono legal services to help those survivors who are still in need so they may live their remaining years with dignity.

* 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 ChallengeSM

April 18, 2012

VIDEO: WDPB – Jim Sandman, Legal Services Corporation

As in-house legal departments have shown us increasingly in recent years, pro bono is not just for law firms. But pro bono still reaches even further than that into public interest groups and government, which also play a crucial role in increasing access to justice.

For  example, the Legal Services Corporation is the single largest funder of civil legal aid to low-income Americans.  Hear from LSC President Jim Sandman about why pro bono is important.

April 13, 2012

“IP”ro Bono

Attendees at the PBI Annual Conference last month had the opportunity to learn about an exciting new pilot initiative called the Minnesota LegalCorps Inventor Assistant Program John Calvert from the United States Patent and Trademark Office (USPTO) and Candee Goodman from Lindquist & Vennum PLLP*† were on hand to speak about the program and educate attendees as to how this can be a resource for IP lawyers looking to do pro bono work, while helping jumpstart the U.S. economy.  Independent inventors fuel innovation that can inspire inventions and create new businesses and jobs.  However, they often need legal help they cannot afford.

Minnesota’s legal community has come together to provide pro bono legal services to eligible individuals with the patent application process.  In addition to providing legal assistance, the program strives to reduce the USPTO backlog created by pro se filers.  With support from the business community, law schools, the judiciary, the Federal Circuit Bar Association, and other organizations, the goal is to expand by five more similar programs across the country by the end of 2012 in Denver, the Washington, D.C. Metro Area, Northern and Southern California, and Texas.  Recently, Fenwick & West LLP*†, in conjunction with Intel**and California Lawyers for the Arts, agreed to be the founding members of the steering committee established to assist the USPTO in launching the Northern California Pro Bono Patent Program.

More than 180 patent attorneys have volunteered their time so far to support the Minnesota project.  Candee Goodman recently told Minnesota Lawyer:

A lot of patent lawyers are reluctant to handle a divorce [pro bono] because it is a foreign language to them.  The law is constantly changing, and it’s unrealistic for them to be up to date on everything.  One of the things this program will do is open up the opportunity to provide pro bono work to a whole new segment of the legal community.

Attendees described John and Candee’s presentation as being “especially interesting” and “inspiring”.  Stay tuned for more Conference highlights!

Do you know of other exciting programs that allow IP lawyers the chance to get involved in pro bono?  If so, drop us 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 ChallengeSM

April 12, 2012

Guest Blog: “Insurmountable Opportunities”

One of the speakers at the PBI Annual Conference this year offered a quote from the classic comic strip philosopher Pogo as an apt description of the current state of pro bono, “We are confronted with insurmountable opportunities.”  One of the greatest benefits of attending the Conference for me (for the first time), was the sense of instant community I had with the people I met — bright, energetic, dedicated professionals, all faced with the same set of insurmountable opportunities.

When I signed on to attend the Conference, I wasn’t sure what I really wanted to get out of it.  I am proud of our pro bono program – we have consistently met our goals for participation, we have a variety of opportunities with varying levels of time commitment, in an array of legal areas, and have strong relationships with legal services partners and private firms.

That said, we haven’t seen many new participants sign on, and while we are doing very well, I’d love to be able to say we are knocking people’s socks off.  So I signed up to attend to see what others are up to, maybe to get some ideas to help tweak our program around the edges. I got so much more than I expected.

There is a natural cycle of renewal that individuals and organizations go through – from an energetic “go for it” phase, through “the doldrums,” marked by dissatisfaction and stagnation, to “cocooning” when we tend to withdraw and become more internally focused, and finally to a stage of “getting ready” where we make plans and prepare to take on the world with renewed excitement and energy, reentering the “go for it” phase.

As I discussed the pro bono programs of others, and was in return was asked for details of our program, I realized that perhaps without noticing I had personally slipped into a bit of a cocooning phase with our program.  I’ll admit have been mostly content to let it run on auto-pilot for a while, and had kind of decided that “good enough” is good enough.

It is hard to maintain that outlook while being exposed to new ideas and creative people.  In our session on “Recognition” one of the speakers taught an excellent lesson – even though you will probably leave somebody out (and need to apologize) don’t let that stop you from making the effort to acknowledge those you can remember.  On that principle, I am going to list some of the most exciting ideas from my experience at the Conference.  This list is in no particular order, and I am sure I’ll miss lots of good things, and is entirely personal, so please don’t be offended if your idea isn’t on the list.  The point is, if you haven’t been to the PBI Annual Conference, you are missing out on a great opportunity to find what inspires you.

  • Everybody loves to be recognized – but different people value different things.  One person’s frameable certificate is another person’s recycling.  Don’t let that stop you from trying.  Try a variety of strategies to increase your chances.
  • Beware the “toxic if-then” motivation system.  Studies have shown that material rewards can actually kill enthusiasm to do good.  A “thanks for that – here’s a small gift” works better than “If you do 30 hours of pro bono, you will earn a bonus.”
  • Don’t knock yourself out trying to get everybody on board.  Create a system that builds enthusiasm and enables maximum impact for those (nearly all of us) who are very inclined, or somewhat inclined, to do good.  Don’t worry about the small percentage of scrooges.  Absent ghostly intervention, there’s nothing you can do.
  • Enthusiasm starts at the top and grows downward.  Over and over again, panelists stressed the importance of real dedication and involvement by the GC or managing partner.  If you don’t have that in your organization, commitment to pro bono will be hard to inspire at every level.
  • Don’t despair, though – there are excellent ways to motivate your GC or managing partner.  Take a look at the research from Dr. Larry Richard on what motivates lawyers.  That should give you some ideas.  For example, lawyers are very influenced by “social proof”- we like to look to what others are doing as an indication of the standard for behavior.  I am sure the good folks at PBI or CPBO would love to provide a list of the other important and influential GC/MPs who are active in pro bono.
  • Each pro bono program is different, and each firm or company culture is different.  One size fits all doesn’t fit anybody.  Use the resources at probonoinst.org and cpbo.org, or review the materials from the PBI sessions – they are packed with ideas, and some of them will resonate with you, I promise.

And finally, if you are like I was and had not yet attended PBI, you should really make plans.  You will get something out of it, even if you don’t know what that is in advance. The energy and hope that arises from a group of people this bright, this dedicated, this full of passion for the public good, is close to an irresistible force.  So — what happens when an insurmountable opportunity meets an irresistible force?  Some unbelievable achievements.

Christopher L. Wendt is Pro Bono Coordinator and Immigration Counsel for Mayo Clinic, a Signatory to the Corporate Pro Bono ChallengeSM

April 10, 2012

CPBO Has a New Look!

www.cpbo.orgThe PBEye is excited to see CPBO’s new look, including a new logo and brand new website.  The site has been redesigned to make it easier to find the most comprehensive and up-to-date information about developing and growing in-house pro bono initiatives.

The new CPBO website is designed to meet your needs, whether you work at a legal department that is new to pro bono or has a mature program, or are interested in pro bono for your ACC Chapter.  Like before, the CPBO website provides best practices profiles, publications, sample documents and recent news regarding in-house pro bono, but in a new, more accessible format.  In addition, the site now has an interactive poll and more detailed information about CPBO’s initiatives and offerings, such as onsite pro bono clinics and the CPBO ChallengeSM.

Visit CPBO’s new website at www.cpbo.org or contact Eve Runyon, director of CPBO, for more information.

April 9, 2012

VIDEO: WDPB – Betsy Cavendish, Appleseed

We at The PBEye talk to a lot of lawyers about why they do pro bono, and we can pretty much count on them giving both professional and personal reasons.  What’s great about that is that is underscores the win-win-win outcome of doing pro bono work for firms, lawyers, and clients.

Even better, often it’s hard to draw a distinct line between the professional and personal benefits of pro bono as Betsy Cavendish, executive director of Appleseed, explains below.