English
Русский
Magyar1.1 Context
1.2 Purpose of the Guide
1.3 About the Guide
An increasing number of lawyers at law firms are undertaking pro bono work. For the purposes of this Guide, we will confine the definition of pro bono to the essentially identical definitions applied by the Pro Bono Institute and the American Lawyer (and interpreted as to NGOs, as discussed in Section 4.1.1 below, by the Association of Pro Bono Counsel). We recognize that many other types of activities in the public interest are considered by many to be pro bono work, and there are times herein where we discuss some of those other types of activities.
The development of a permanent pro bono practice is similar to a firm’s development of a new practice area or new department in that it requires the systematic implementation of a formal structure and support system so that pro bono work is fully integrated into the firm. The institutionalization of a formal pro bono program also helps to ensure high quality and efficient legal work with far-reaching impact.
A pro bono program should establish mechanisms that allow attorneys to partake in pro bono work, such as: removing potential internal obstacles to doing pro bono work (or the perception of obstacles); promoting participation in pro bono work among the firm’s attorneys; providing clear indications that the firm supports the practice of pro bono; establishing mechanisms to identify pro bono opportunities; and promoting pro bono work internally.
A well-organized pro bono program is not only necessary to manage the pro bono work being done, but also to improve the quality of pro bono services. By establishing mechanisms to mentor and/or supervise pro bono work, and to develop internal expertise about various types of pro bono matters, a strong pro bono program can immeasurably increase the likelihood that pro bono clients’ legal matters are handled appropriately. Moreover, a well-structured pro bono program can help develop strong institutional knowledge about how to handle various types of pro bono matters, and can provide constructive comments on lawyers’ pro bono work that will lead to improved work on both pro bono and billable matters.
Finally, a formal pro bono program permits a firm’s pro bono practice to function in an efficient and effective manner. By institutionalizing their pro bono efforts, law firms can save resources, money and time, thereby accomplishing more with less.
The Vance Center has prepared the initial version of this Guide, entitled PBDA Implementation Handbook: A Guide to Establishing a Pro Bono Program at Your Law Firm, in conjunction with personnel at Skadden, Arps, Slate, Meagher & Flom LLP (Skadden, Arps) in 2009, soon after the adoption of the Pro Bono Declaration of the Americas (PBDA), to assist Latin American law firms in its implementation. The participating personnel from Skadden, Arps’ pro bono team have considerable experience in structuring a pro bono practice and providing the support necessary for attorneys to undertake a broad range of pro bono work. The New York City Bar and the City Bar Justice Center also provided valuable input to the development of this Guide. In drafting the initial version of this Guide, the Vance Center reviewed existing materials in this field, including pro bono manuals, best practices guides, and articles on the subject, and relied on the experiences of firms, bar associations, and pro bono provider organizations in the United States.
In 2011, the Vance Center published a supplement to the Guide, entitled Frequently Asked Questions: A Supplement to the PBDA Implementation Handbook: A Guide to Establishing a Pro Bono Program at Your Law Firm.
In 2014, PILnet asked the Vance Center and Mr. Tabak of Skadden, Arps for permission to modify and use the Guide to help law firms around the world develop pro bono practices, including translation of the Guide into languages of the countries where PILnet is active in promoting pro bono. For this purpose, Ronald Tabak of Skadden, Arps kindly edited the initial version to update it; final editing was performed by PILnet and included the incorporation of the 2011 Supplement into the main text of the Guide for the ease of use. Again, the updated version does not necessarily reflect the views of Mr. Tabak or Skadden, Arps.
This Guide is divided into seven sections. Section II focuses on the administration of the pro bono program. Section III describes the development of a pro bono policy manual. A model pro bono policy manual and corresponding attachments are provided as annexes to this Guide. Section IV describes systematic ways in which firms can identify pro bono opportunities. Section V concerns the encouragement and recognition of pro bono work within the firm. Section VI is a guide for evaluating attorney pro bono work as well as the pro bono program itself. Section VII describes the benefits of a pro bono program for a law firm.