5.1 Promotion of Pro Bono Work
5.2 Recognition of Pro Bono

5.1 Promotion of Pro Bono Work

Once a firm establishes how it will identify pro bono opportunities, the next step is to decide how to promote and encourage the pro bono program internally, recruit attorneys to participate in it, and provide incentives for doing pro bono work. Successful pro bono recruiting requires that attorneys first learn of potential pro bono opportunities.

Usually, the pro bono coordinator is responsible for disseminating information regarding available pro bono projects (see Section 2.2.3(e)). An effective way of staffing pro bono projects, which is also the practice in most U.S. firms with organized pro bono programs, is for the pro bono coordinator to send emails to all or selected groups of attorneys with brief summaries of pro bono matters currently in need of staffing. Sometimes, such emails (or, on occasion, group voicemails) are sent only to attorneys in particular practice groups. Attorneys who have not previously expressed interest in a particular type of matter may wish to work on a matter summarized in an email.

Firms must not only inform its attorneys of pro bono opportunities, but also encourage and create incentives to do pro bono work. Some of the most common methods used to encourage pro bono practice are:

(a) Partner Participation: The first and most important way to attract attorneys to pro bono work is through active partner participation. When partners actively participate in the pro bono program through (1) their involvement in the pro bono committee; (2) providing pro bono legal services with the help of associates or counsel; or (3) supervising associates or counsel who are doing pro bono work, associates or counsel are more likely to feel that the firm values pro bono work. Additionally, partner participation is an effective means of debunking negative perceptions about doing pro bono work. For example, a partner’s positive evaluation of an associate’s or counsel’s pro bono work, when articulated to the associate or counsel, will likely disabuse associates and counsel (including, but not limited to, the associate or counsel getting the positive evaluation) of the fear that spending time on pro bono projects is harmful to advancement at the firm.

(b) Categorizing Pro Bono Services: The firm can encourage participation in its pro bono program by treating pro bono work the same as commercial client work. This includes counting pro bono hours as the equivalent of billable hours and considering pro bono work in the firm’s evaluation, compensation, and promotion decisions. If this is not done, associates and counsel may feel that the firm is in effect creating an opportunity cost for those doing pro bono work instead of more billable work.

(c) Evaluation of Pro Bono Work: To elaborate on part of the preceding point, pro bono work can be greatly encouraged if the quality of pro bono work is considered in performance evaluations that the firm conducts and mentioned in evaluation sessions. Just as firms positively evaluate attorney efforts to expand contacts and search for new clients, pro bono work should also be seen as a plus in attorney performance if the work is of high quality. Since much pro bono work early in an associate’s career presents the first opportunity for the associate to do particular types of legal work, constructive criticism can be valuable to the associate’s development. And when associates or counsel do particularly good pro bono work, they not only gain valuable experience, but should be acknowledged for their initiative and fine work.

(d) Pro Bono Program Orientation for New and Lateral Attorneys: Another effective way to promote the pro bono program is by introducing it to new and lateral attorneys through a brief and informal introductory talk or a more formal orientation, either of which the pro bono coordinator can organize. Ideally, a partner member of the pro bono committee or another senior partner of the firm, as well as associates who have participated in the pro bono program, should contribute to this discussion and share their experiences. Copies of the firm’s pro bono policy manual should also be distributed as part of this introduction.

(e) Involvement of Summer Associates and/or Student Interns in Pro Bono Projects or Cases⁶: Law firms commonly hire law students as summer associates or year-long interns. These students work with the firm for a given period of time prior to their graduation from law schools and are often asked to join the firm as full-time associates upon graduation. As is the case with young law firm associates, such law students are generally enthusiastic about participating in pro bono work because it gives them opportunities to learn about new practice areas and exposes them to the different ways the law can be utilized to help individuals and NGOs, advance reform legislation, and ultimately change society for the better. Students are also eager to participate in pro bono projects because they get greater responsibility than on the law firm’s traditional (i.e., remunerated) client matters.

By allowing students to be involved in pro bono work, a law firm can train and prepare these future lawyers for career-long commitment to pro bono work. Additionally, instilling pro bono ideals in students helps solidify a local pro bono culture and can strengthen relationships between the law firm and universities (law schools) who may then establish signature projects together and collaborate on matters that benefit the public interest.  These signature projects can foster a sustained relationship between the law firm and the law schools, multiplying a project’s overall impact by allowing students to capitalize on the firm’s resources on a continual basis. While the students who work on an extensive project will usually change over time, the established partnership between the entities should ensure successful continuity of the project.

Pro bono opportunities for law students also benefit a law firm by enhancing assessment of the students’ time management skills and professional abilities. Because pro bono work gives students greater responsibility, it is an opportunity for the law firm to evaluate the students’ individual performance.  It should be noted, however, that law students’ pro bono work—as is the case with commercial work—should always be supervised by a more senior attorney as well as being part of the oversight by the lawyer (typically, a partner) overseeing the matter. Thus, while a law student’s involvement may reduce full-time attorney participation in a pro bono matter, it should not eliminate it. Indeed, firms should make sure that the law students they employ recognize that attorneys should be involved in pro bono work—not only as a professional obligation that helps those most in need of legal help, but also as a valuable opportunity to advance and progress in one’s career; a way of strengthening relationships with clients; and a means to participate in an integral part of the firm’s culture.

This orientation might be supplemented by a group experience in doing a one-shot pro bono project, such as first year associates’ staffing a well-organized one-shot clinic.

5.2 Recognition of Pro Bono

Public recognition of the pro bono work attorneys perform is another way to promote the pro bono program and encourage participation in it. For example, emails highlighting pro bono successes can be circulated firm-wide. Similarly, pro bono accomplishments can be featured in firm newsletters. Also, pro bono reports containing summaries of notable pro bono work and the names of the attorneys who work on them can be distributed periodically (either annually or semi-annually), perhaps along with feature stories about particular types of pro bono projects or initiatives in particular offices.

Annual recognition of pro bono achievements—such as completing a particular number of pro bono hours or doing particularly outstanding work on a pro bono matter—is another way to reward and encourage pro bono work. The firm can also bestow awards for various levels of pro bono work, including at a special ceremony or celebration. This can be combined with a Pro Bono Fair, where principal sources of pro bono matters are available to discuss individually with potentially interested lawyers the types of matters they offer.

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⁶This subsection was adapted from Frequently Asked Questions: A Supplement to the PBDA Implementation Handbook: A Guide to Establishing a Pro Bono Program at Your Law Firm