2.1 Introduction
2.2 Pro Bono Coordinator
2.2.1 Designation of Pro Bono Coordinator
2.2.2 Role of a Pro Bono Coordinator
2.2.3 Duties of the Pro Bono Coordinator
2.3 Pro Bono Chair or Committee

2.1 Introduction

The first step for the firm in developing a pro bono program is deciding who will manage the program and setting the functions and responsibilities that this person or group of people will have.

The management of a pro bono program consists of two main components.  The first is routine administration, commonly the responsibility of a pro bono coordinator.  The second involves developing the broader objectives and direction of the firm’s program, often the responsibility of the firm’s pro bono chair or pro bono committee.

2.2 Pro Bono Coordinator

2.2.1 Designation of Pro Bono Coordinator

It is up to the firm’s leadership to decide who is best positioned to direct the pro bono program.  The pro bono coordinator in small to midsized firms may be one of the firm’s partners or associates who assumes this role in addition to his/her role as an attorney of the firm. In the case of large firms, the pro bono coordinator may or may not be an attorney whose sole or greatest responsibility is managing the pro bono program. Regardless of who is ultimately selected as the pro bono coordinator, the firm must ensure that the individual has sufficient time and resources to fulfill all of the responsibilities the role requires. At very large firms, the pro bono coordinator may be an experienced attorney, supported by one or more legal assistants/administrative coordinators centrally and by pro bono point people in particular offices.

2.2.2 Role of a Pro Bono Coordinator

(a) A pro bono coordinator who is not an attorney must not perform duties that require legal training, such as supervising the legal aspects of pro bono work of attorneys at the firm, or playing a key role in identifying or dealing with legal ethics issues that may arise.

(b) Should the pro bono coordinator supervise legal assistants/administrative coordinators, it is important to ensure that the latter have the level of experience and knowledge required for the delegated duties, and that there is sufficient coordination so that coordination/administrative work doesn’t go unattended.

(c) The pro bono coordinator, if not a partner, must have ready access to a partner (or in some instances, of counsel who has long been a partner).

(d) Regardless of the status of the pro bono coordinator, (s)he should have ready access to one or more people at the law firm who have expertise/responsibility for legal ethics issues/policies. At a growing number of firms, there is a General Counsel, with whom the pro bono coordinator should interface closely.

2.2.3 Duties of the Pro Bono Coordinator

In general, the duties of a pro bono coordinator are as follows:

(a) Administrative Management: The pro bono coordinator is responsible for the daily administration of the pro bono program, which includes opening, maintaining, and closing pro bono matters. Where the firm has adopted a pro bono manual that contains procedures for undertaking these tasks, the coordinator must ensure that each step is completed. The pro bono coordinator’s duties also include ensuring the proper organization and maintenance of matter-related documents, as well as any pro bono forms and manuals, and recording pro bono hours per attorney and per pro bono client (see Section 3.6.4).

(b) Oversight of Pro Bono Cases: The pro bono coordinator must regularly check rigorously on the status of all pro bono matters that the firm, or lawyers at the firm, handle. This includes knowing the current status of all pro bono matters to ensure that all pro bono work is handled in a timely manner and to address any problems that arise. A good way to keep abreast of each case is through the use of status update reports, which the pro bono coordinator circulates, reviews, and acts upon with regard to things that need attention.

(c) Changes of Staffing of Pro Bono Matters: It is vital that the pro bono coordinator be aware of the following, and other changes in the situations of lawyers and others working on pro bono matters: leaving the firm; going on a leave of absence (which may occur unexpectedly); or working for a period of time for a firm client or a pro bono group (during which time, conflicts considerations may preclude continuing work on existing pro bono matters).

It is crucial that when such changes occur—particularly with regard to lawyers who have entered appearances or communicated with clients, opposing or other counsel elsewhere, courts, administrative agencies, etc. — notice be given regarding the changes and concerning permanent or temporary replacement counsel. In some instances, permission may be needed from a court, administrative agency, etc., to withdraw or appear, even temporarily. The pro bono coordinator must ensure that there are procedures in place to ensure that these necessary actions take place.
With regard to changes in legal assistants working on a pro bono matter, the pro bono coordinator should work to ensure that there is continuity in legal assistant staffing, and that files and databases with regard to pro bono matters continue to be maintained properly.

(d) Relationships with Pro Bono Organizations: The pro bono coordinator must routinely communicate with organizations with which the firm has formed pro bono partnerships to receive descriptions of available pro bono opportunities and periodically inform them of the status of the pro bono cases that lawyers at the firm undertake (see Section 4.2.1).   The pro bono coordinator should periodically discuss with each such organization what improvements could be made on either side or both sides of the relationship. If the firm decides not to form pro bono partnerships, the pro bono coordinator should identify through some other means the pro bono opportunities that come within the mission of the firm’s program.

(e) Notification of Available Pro Bono Matters: Another responsibility of the pro bono coordinator is to notify (via email or other form of communication) attorneys at the firm of pro bono opportunities and, in general, to promote the pro bono program within the firm (section 5.1). In addition, individual lawyers should be encouraged to suggest pro bono matters about which they may learn.

(f) Accountability: The pro bono coordinator must inform the pro bono chair or committee (or whomever else may be responsible) of the status of the pro bono program and of notable developments in particular matters.

2.3 Pro Bono Chair or Committee

Various factors determine the direction of a firm’s pro bono program, such as the firm’s size, culture, and hierarchical structure.  At large law firms in the United States, a partner (or, sometimes, counsel who had been a long-time partner) typically oversees the pro bono program.  In addition to any other role(s) at the firm, (s)he is responsible for overseeing the overall direction of the pro bono program.  The pro bono partner (or of counsel) may chair a pro bono committee that should include the pro bono coordinator and some or all of the following: partners, counsel, and associates from various offices. At some firms, there is a pro bono committee but not a pro bono partner (or of counsel).

It is crucial that at least one partner (or long-term partner who is now of counsel) be involved (at least in an oversight role) in the management of the pro bono program. It is strongly preferable that the law firm’s managing or executive partner, or (if applicable) one or more of the firm’s founders, be knowledgeable about and visibly supportive of the pro bono program.

As noted below, overseeing the directions in which a pro bono program moves should involve strategic decision-making in which at least some of the firm’s partners participate (see Section 2.3.3).  The participation of partners in the oversight and strategic direction of the pro bono program can have the positive effect of giving a strong indication to all levels of attorneys that the firm encourages and endorses pro bono work (see Section 5.1(a)).

In general, the duties of the pro bono chair or committee are as follows:

(a) Oversight of the Pro Bono Program: The pro bono chair or committee must monitor the pro bono program to ensure that it is functioning effectively. This includes oversight of the work of the pro bono coordinator.

(b) Oversight of the Pro Bono Manual: The pro bono chair or committee should participate in the initial drafting and periodically should consider the contents of the firm’s pro bono manual,even where most of the contents are prepared and revised by the pro bono coordinator (if any) (see Section 3.1).

(c) Development of Pro Bono Partnerships: The pro bono chair or committee should help develop the firm’s pro bono partnerships, and to some extent should consider potential additional types of pro bono partnerships (see Section 4.2.1.). If the firm decides that it will not enter into pro bono partnerships, the pro bono chair or committee will need to work with the pro bono coordinator (if any) to establish another mechanism for identifying pro bono opportunities (see Section 4.2.2).

(d) Approval of New Pro Bono Matters: As indicated below, it is advisable that firms establish a procedure to open, monitor, and close pro bono matters (see Section 3.6). The pro bono chair or committee either (a) in conjunction with the pro bono coordinator, should approve the opening of all new matters or (b) should be comfortable with the parameters that the pro bono coordinator utilizes in approving the opening of most new cases and should be consulted (as should one of the firm’s ethics experts or its General Counsel, if any) by the pro bono coordinator in unusual situations (see Section 3.5.1(b)).

(e) Promotion and Acknowledgement of Pro Bono Work:  Another function of the pro bono chair or committee is to work with the pro bono coordinator (if any) to determine the ways in which the firm will encourage and recognize pro bono work internally (see Section V).

(f) Assessment of the Pro Bono Program: The pro bono chair or committee should consider the successes and setbacks of the pro bono program, making or suggesting adjustments to it as appropriate (see Section 6.2).

(g) External Marketing and Publicity: The pro bono chair or appropriate firm leadership should define or participate in the process of defining the external marketing and publicity of the firm’s pro bono program (see Section 7.4).

(h) Administration: At some firms, the chair of the pro bono committee may also carry out some or all of the administrative aspects of the program.