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Highlights of the 2002 Pro Bono Institute Annual Seminar
and the Forum on In-House Corporate Pro Bono Participants' Reactions "PBI is also inspiring - a powerful community composed of powerful individuals, laying aside their individual needs in service of a greater good. Such is a model for perfecting our society . . ." Jeff Swartz Planet Pro Bono More than just the title of one of the Seminar's most popular sessions, the phrase "planet pro bono" accurately describes one of the most notable aspects of the 2002 program - the burgeoning interest in pro bono around the world as evidenced by the dramatic increase in attendance by law firm and public interest leaders from Great Britain, Canada, South America, and Australia. Our guests from London included representatives of virtually all of the "magic circle" firms as well as London offices of U.S. firms, while the large delegation from Canada consisted of law firm and public interest leaders as well as the Chief Justice of Ontario. The overseas presence was so substantial that the British and Canadian attendees rivaled the traditionally large New York and Minnesota contingents in size. While these leaders came to the Seminar to learn about pro bono from their U.S. counterparts, they were and will continue to be an important resource as well. As the practice of law - particularly at major law firms and legal departments - becomes increasingly globalized, pro bono will become established in other nations, changing and evolving in response to local traditions, history, and culture. These new approaches to pro bono will, in turn, enrich and inform efforts in the United States. Given the pace of pro bono activity throughout the world, all indications are that next year's Seminar will attract even more attendees from a wide variety of nations. Law Firms + Corporate + Public Interest = Value Added With record attendance from representatives of major law firms, public interest leaders, and, in the second year of the Forum, fast-growing participation by in-house lawyers, the 2002 Seminar offered a unique and rich blend of perspectives and expertise, freely shared at the many small group sessions that offered opportunities for formal and informal networking. The benefits of bringing together participants with highly diverse backgrounds was perhaps best exemplified by the comments shared by Friday's luncheon speaker, Jeff Swartz, President and Chief Executive Officer of The Timberland Company. At Timberland, Jeff has increased his companyÂ’s revenues ten-fold while also inculcating a culture of corporate responsibility. Jeff's passionate and moving remarks underscored the extraordinary potential that powerful corporations and law firms, and those who work for them, have to be forces for good and for justice. No one who heard Jeff's inspiring words - for many, the high point of the Seminar - will ever look at an article of clothing again without thinking about the work and suffering of those who labor in the fields and about our personal and professional responsibility to ease that suffering. Newbies . . . For the first time in 2002, the Pro Bono Institute offered Law Firm Pro Bono 101, an expanded pre-Seminar program for law firm pro bono leaders - managing partners, coordinators and special counsel, pro bono committee chairs, and the like - who were new to their role or position. We built it, but asked ourselves would they come? They attended in droves, packing the room and creating a high energy session that left many attendees wanting more. Why such a strong attendance? In part, the new faces are the result of turnover in firm pro bono leadership and staffing at their firms. Most of the Pro Bono 101 attendees, however, came from firms that, for the first time, have launched formal pro bono programs, created or revamped pro bono committees, and, most notably, created new full-time or part-time pro bono partners, counsel, or coordinator positions. During the past year, the boom in pro bono staffing at major law firms has accelerated - a powerful acknowledgment of firms' commitment to institutionalizing support for pro bono and to investing in the infrastructure needed to facilitate and promote greater participation. And Oldies Well, to be fair, not always "oldies," but the substantial increase in attendance by senior firm leaders and managers, as well as corporate general counsel, was notable. The enhanced presence of managing partners (including the heads of some of the world's largest law firms), executive and policy committee members, and heads of departments and practice groups at the 2002 Seminar is a reflection of the growing importance and visibility of pro bono at major law firms. A Moving Tribute The emotional high point of the 2002 Seminar for many attendees was the Friday night reception at the Supreme Court of the United States. Hosted by Associate Supreme Court Justice Ruth Bader Ginsburg, a fervent pro bono supporter and friend of the Pro Bono Institute, the reception program inspired laughter, cheers, and tears in equal measure. Having left a hospital bed to attend the event, honoree Chesterfield Smith, who has been a source of inspiration to so many, delivered a rousing and passionate brief for pro bono, after a moving and affectionate introduction by Justice Ginsburg. Law Firm Project Co-Chair John Hamilton presented the Zelon award to Scott Atlas, who has selflessly devoted countless hours to pro pro bono. While Bill McBride, our third honoree, was unable to attend due to a last minute scheduling conflict (Bill was running hard in the Florida gubernatorial race), his partner and former ABA President, Martha Barnett, graciously accepted the award from Law Firm Project Co-Chair Bob Sheehan, whose firm, Skadden, Arps, Slate, Meagher & Flom LLP, generously sponsored the reception. Talk of the Seminar The issues, both scheduled and unplanned, that drew the attention and dominated the discussion among attendees at the 2002 Seminar included the following: An Uncertain Economy and its Impact on Pro Bono At both the opening law firm plenary session and in many small discussion groups throughout the Seminar, attendees focused on how pro bono can best survive and thrive in an increasingly volatile economy. Of particular interest were the comments of a number of top firm leaders - Jim Sandman, managing partner at Arnold & Porter, Regina Pisa, managing partner at Goodwin Procter, Bob Sheehan, executive partner at Skadden, Arps, Anthony Press, managing partner of Morrison & FoersterÂ’s Century City office, and John Hamilton, chair of Hale and Dorr LLP - on the topic. Among their suggestions for keeping pro bono viable in turbulent times: *Make pro bono the core of the firm's identity and values; Transactional Pro Bono Comes into Its Own Although sessions on transactional pro bono have been part of the Seminar for a number of years, interest in the topic reached an all-time high at the 2002 event. The two topical tables on the subject at Saturday’s pro bono marketplace were mobbed, and, even though Seminar planners had anticipated greater attendance and had scheduled more transactional sessions, these programs were consistently overcrowded and oversubscribed. The spike in interest is due, in part, to the increased corporate in-house presence at the Seminar. While in-house lawyers can - and do - undertake traditional litigation-based pro bono representation, the preponderance of business/transactional lawyers in many legal departments has led to a demand for more transactional pro bono opportunities. In addition, a number of law firms have made transactional work a priority and have been successful in substantially boosting the participation of non-litigators. Finally, a growing number of public interest/pro bono groups have begun to focus on transactional work. The good news from the Seminar is that firms, public interest groups, and legal departments are now excited about and committed to transactional pro bono. The increased presence at the Seminar of pro bono committee members who are business and transactional lawyers was one indication that transactional pro bono has arrived. As a result, discussion at this year’s Seminar focused on more advanced and difficult issues that arise in the context of transactional pro bono work. Law firm attendees, in particular, cited the continuing lack of sustained, "big project" pro bono work that can bring together teams of partners and associates. The question of appropriate criteria for eligibility when the potential client is a non-profit group or small business owner arose in virtually every transactional session. And the issue of business/positional conflicts, which has arisen repeatedly in the litigation context, proved to be a concern in transactional matters as well. Pro Bono Metrics The 2002 Seminar, for the first time, began to seriously address the issue of measurement and assessment of law firm and corporate pro bono programs. Taking a page from the corporate play book (many legal departments have accepted and implemented a variety of approaches to metrics), law firm leaders packed the Seminar's two sessions on pro bono metrics to discuss how best to measure firm pro bono initiatives. While some time was spent on measurement techniques, the issue of what to measure was the primary focus of discussions, with three primary areas identified. Participants wanted, first, to track and assess a variety of measures related to participation in pro bono work. This included the most obvious information such as total hours of pro bono work and pro bono time as a percentage of total billable hours, participation levels for different groups of lawyers - junior and senior associates, partners, lawyers in different offices, litigators and business lawyers, etc. In addition, less common proposed measurements included the comparative advancement rates (to partnership) for associates who are high and low pro bono performers, the total hours billed by high and low pro bono performers, etc. A second proposed metrics cluster related to benefits to the client and the community as a result of the firm's pro bono work, such as additional financial resources or money saved for clients, and less concrete, but still tangible, benefits to the community. Finally, participants were interested in measuring the impact of pro bono work on the bottom line - recruitment and retention, marketing, client development, productivity, etc. Although 2002 was the first time that the issue of metrics was on the Seminar agenda, the enthusiasm and creativity that attendees brought to the topic means that it will surely not be the last time. Pro Bono, Large and Small While the vast majority of available pro bono opportunities still consist of an assortment of individual cases, a number of Seminar sessions demonstrated that pro bono work can come in a variety of sizes and flavors. One of the highest-rated programs focused on the ability of major law firms (and large legal departments) to take a leading role in the critical legal and policy issues of our time through their pro bono work. Using the issue of "welfare to work" as a template, this program offered a blueprint for how firms have used their wide range of skills in research, analysis, drafting, litigation, negotiation, and lobbying to better the lives of tens of thousands of low-income families. At the other end of the scale, the Seminar offered ideas for time-limited, finite opportunities that offer "manageable bites" of pro bono - opportunities that are particularly appealing to pro bono first-timers, whether they are in-house lawyers or busy partners who have not taken on a pro bono matter for decades. Firms and legal departments, working closely with pro bono and public interest groups, can identify and shape a wide range of pro bono opportunities - large and small - that attract more volunteers and address critical legal needs. The Signature Advantage Signature projects© - major pro bono initiatives targeted to specific client groups, areas of the law, or neighborhoods that utilize a wide range of firm or legal department resources and skills - are generating great interest among law firms and legal departments. At least fifteen firms reported at the Seminar that they are poised to launch signature projects in the coming year, many focused on the legal needs of children. The Seminar session on this topic illustrated the power of signature projects by highlighting two successful models. The truancy prevention program piloted by Alston & Bird has become a bar-wide project, expanding throughout Georgia and the nation. Latham & Watkins' signature project, conceived, we are proud to say, at the 2001 Seminar, has brought that firm's resources and expertise to bear in improving the lot of unaccompanied minor children in detention. Latham's effort has helped hundreds of children, launched a bi-partisan Congressional initiative to improve conditions and secure counsel, and generated substantial positive media coverage. The Pro Bono Institute looks forward to working with law firms, legal departments, and public interest groups to design and implement additional creative and productive signature projects©. Forging Stronger Partnerships Pro bono in law firms and legal departments is moving from ad hoc, informal and reactive efforts that provide assistance in a relatively random series of cases to structured, institutionalized, proactive programs that coordinate individual pro bono work to maximize the impact and efficacy of the firm/department's efforts. And, in the same vein, law firms and legal departments are beginning to view their relationships with pro bono and public interest organizations as long-term strategic partnerships rather than simply intermittent, case-by-case contacts. Sustained, effective partnerships between and among these three critical legal sectors can clearly produce better results for pro bono clients and can also create value for the individual partners. However, experience demonstrates that creating and sustaining partnerships is a challenging task. At Saturday's plenary program, and in formal and informal discussions throughout the Seminar, participants addressed the issue of how to overcome historical, institutional and cultural barriers to partnering. Among the key elements of successful partnerships: effective and honest communication, champions in leadership positions at both/all institutions, infrastructure, trust, common values, a quick win that creates momentum, clear benefits to each partner. We're pleased to report that the Seminar served as the catalyst for a number of new partnerships that are working well . . . more on that at the 2003 Seminar. Getting Practical . . . Attendees reported that one of the Seminar's strengths was the wealth of highly practical information available on a peer-to-peer basis on how to address common obstacles and difficulties. Sessions on overcoming obstacles such as time constraints, lack of malpractice insurance, and unfamiliarity with the public interest community were targeted to in-house participants. Law firm attendees received practical, hands-on guidance on how to track pro bono hours, integrate pro bono at multi-office firms, establish rotation/externship programs, use technology to manage and enhance their pro bono program, determine the appropriate pro bono staffing structure for their firm, and expand their network of pro bono providers. And Visionary . . . By design, some of the sessions at the 2002 Seminar focused on topics and approaches that have great promise, but have not yet been broadly adopted. One example of such an approach is the potential for law firm and legal department partnerships with law schools. While only a small number of such partnerships currently exist, the results of the Harvard/Hale and Dorr LLP partnership and Columbia's law firm outreach efforts have prompted heightened interest and offer great promise. Other ideas on the drawing board? greater use of pro bono resources in the context of mediation and other dispute resolution mechanisms; involving public policy/lobbying lawyers and staff on pro bono issues; and finding an appropriate institutional role for law firms in support of aging baby boomer partners interested in making pro bono a second career. The Usual Suspects These are the perennials - the issues that pro bono leaders struggle with year after year and that pop up repeatedly. They include: how to increase partner involvement, "what counts" as pro bono, the pro's and con's of marketing pro bono externally, changing the culture of a firm or legal department, and maintaining momentum over time. Look for more on these thorny issues in future issues of this newsletter and at the 2003 Seminar. The 2002 Pro Bono Institute Annual Seminar was an extraordinary event. Our thanks to all those - panelists and facilitators, sponsors, topical table hosts, and attendees - who made it all possible. We hope to see you at the 2003 Seminar on February 28 - March 1, 2003! For information on the events and topics addressed at other Seminars, please click on the following links: |
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