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June 2023

One Year Post Dobbs; A Reproductive Rights Pro Bono Update

June 24, 2023 marked one year since the Supreme Court decided Dobbs v. Jackson Women’s Health Organization, the decision that overruled the 1973 landmark case Roe v. Wade and eliminated the constitutional right to abortion. Since that decision, many pro bono volunteers have sought out opportunities to participate in reproductive rights pro bono.

On February 24, at the 2023 Pro Bono Institute (PBI) Annual Conference, we hosted a session on  Post Roe Reproductive Rights & Pro Bono, led by Ronald Blum, Partner at Manatt*, Phelps & Phillips, LLP; John Freedman, Senior Pro Bono Counsel at Arnold & Porter*; Rabia Muqaddam, Senior Staff Attorney at the Center for Reproductive Rights; and Katie Niejadlik, Associate Director for Pro Bono Services at the Center for Reproductive Rights.

The session examined how law firms and other pro bono leaders can effectively engage to help address the crisis of judicial and legislative limits on abortion access, and its impact on poor and BIPOC communities. This program is available on West LegalEdcenter, and PBI Annual Conference attendees may contact PBI at pbi@probonoinst.org for a discount code to view the program at no charge.

Now, on the occasion of the Dobbs anniversary, Katie Niejadlik, Associate Director for Pro Bono Services at the Center for Reproductive Rights, shared updates and ways you can get involved. READ OUR LATEST BLOG

15 PBI 2023 Conference Sessions Now On Demand

On-demand sessions recorded at the PBI 2023 Annual Conference are now available online via West LegalEdcenter (WLEC). You must have or create a free WLEC profile to access this on-demand content.

Thirteen of the 15 programs offer CLE credit in many jurisdictions. Paid registrants of the 2023 Annual Conference may access these recordings at no cost through October 31, 2023, using a promotion code previously emailed to them. Others may access the programs for a fee.

The 15 recordings available are:

  • A Blueprint for Addressing Legal Deserts
  • Advancing Diversity, Equity, and Inclusion
  • Deepening the Impact of In-House Pro Bono Programs
  • Excessive Sentencing in the Deep South: How Pro Bono Attorneys Can Make a Difference
  • Executive Presence: What Matters & What Gets in the Way [not available for CLE credit]
  • Increasing Access to Justice Through Regulatory Reform
  • Innovations in Access to Justice
  • Innovative Ways to Support the Justice-Involved Community
  • Opportunities in Pro Bono – Eviction Record Sealing
  • Post-Roe: Reproductive Rights & Pro Bono
  • Pro Bono Ethics – Aesop’s Fables Edition
  • Remote and Bite-Size Immigration Pro Bono
  • Supreme Court – Reflections on the Current Term
  • Those Were the Best Days of My Summer – Ramping Up for Summer Pro Bono Programs: Time for a Refresh [not available for CLE credit]
  • Transactional Pro Bono

You may access additional on-demand programs from PBI via WLEC. For more information, contact PBI at pbi@probonoinst.org.

The 2023 Law Firm Pro Bono Challenge Report: Signatories Continue to Demonstrate Commitment

Total Pro Bono Hours Are Up, But Key Metrics Show Some Weakness

The 2023 PBI Law Firm Pro Bono Challenge® Report is out, revealing that in 2022 law firms were able to dedicate more hours to pro bono than in 2021, while nevertheless slipping in other key metrics used to measure the performance of law firm pro bono programs. The 2023 Challenge Report examines the pro bono engagement by firms that are signatories to the Law Firm Pro Bono Challenge initiative during the 2022 calendar year. Signatories to the Challenge have committed to contribute three or five percent of their annual billable hours (or, at a few firms, 60 or 100 hours per attorney) to pro bono activities, as defined by the Challenge, and report their performance to PBI Law Firm Pro Bono Project® staff each year.

Firms reported performing a total of 4,950,520 hours of pro bono work in 2022 – a more than 7 percent increase over the prior year, despite two fewer firms reporting in 2023 than the prior year.

Other positive key metrics included:

  • Pro bono work amounted to 3.47 percent of all billable hours in 2022, versus 3.3 percent in 2021 – a 4.6 percent improvement.
  • The percentage of firms meeting their goal of devoting 3 percent of all billable hours to pro bono grew to 46 percent in 2022 from 42 percent in 2021 – a nearly 10 percent increase.
  • Over one-third of the firms reported increasing the number of hours they spent on racial justice matters in 2022, while over half reported maintaining the same level of effort as in 2021.

However, many critical measures of pro bono performance were down:

  • Average annual pro bono hours per attorney was down for a second straight year from 55.1 in 2021 to 52.6.
  • Attorney participation rates also fell for a second consecutive year to 73.1 percent from 75.0 percent in 2021. Both partner participation rates and associate participation rates declined.
  • The percentage of pro bono hours devoted to people of limited means dropped slightly to 73.3 percent, down from the prior year’s all-time high of 74.3 percent.
  • The percentage of firms meeting their goal of devoting 5 percent of all billable hours to pro bono fell from 64 percent in 2021 to 57 percent in 2022 – a problematic development given that these firms are traditionally the Challenge’s highest performers.
  • Reported law firm donations to legal services organizations providing free legal assistance to individual of limited means grew dropped to $496,000 per firm from $576,000 per law firm in the previous year, a decline of more than 14 percent.

More Key Facts

  • The total number of timekeepers at reporting firms increased by 13.6 percent compared to 2021. This expanded workforce is likely the principal explanation for the increase in total pro bono hours despite the reduction in the percentage of attorneys participating in pro bono and the fewer hours per attorney spent on pro bono.
  • Despite the small to modest downturns in several important pro bono metrics, on the whole Challenge signatory firms are meeting their commitments under the Challenge.  For example, reporting firms spent 3.47 percent of their aggregate billable hours on pro bono work – bettering the base commitment of 3 percent. In addition, 63 percent of the partners and 83 percent of the associates at reporting firms participated in pro bono – well in excess of the over 50 percent minimum commitments of the Challenge. Finally, almost three-quarters of the pro bono hours were devoted to those of limited means compared to a commitment to direct a majority of their pro bono commitments to such work. In short, despite a dip in several key metrics, Challenge signatories remain a potent force for good.

We thank and congratulate the Challenge signatories whose commitment to pro bono is positively reflected in this Report, and we look forward to great things from them in the years to come in keeping with their commitment to addressing access to justice under the Challenge. Read the full Report here. Interested in your firm becoming a Law Firm Pro Bono Challenge signatory? FIND OUT HOW.

2022: In-House Pro Bono Holds Steady

The Corporate Pro Bono (CPBO®) project of Pro Bono Institute (PBI) has released its 2023 report on the 2022 Corporate Pro Bono Challenge® data – 2023 CPBO Challenge Report: In-House Pro Bono Holding the Course.

The Corporate Pro Bono Challenge initiative is a voluntary commitment by legal department leaders to an aspirational goal that 50 percent of legal department employees, including attorneys and staff, will participate in pro bono annually.

The annual report analyzes pro bono participation of CPBO Challenge® signatories. This year, all the data points to one conclusion: pro bono participation by in-house legal departments remains steady. For companies that responded to our survey in consecutive years, the average lawyer participation rate in the U.S. was 47 percent in 2022 compared to 46 percent in 2021. The percentage of signatories who responded in both 2021 and 2022 that met or exceeded the goal of 50 percent participation in pro bono by attorneys remained consistent at 44 percent.

On average, the participation rate for 2022 for all survey respondents was 49 percent for U.S. lawyers, 33 percent for U.S. legal staff, and 28 percent for lawyers outside of the U.S. Additionally, for the first time, at the request of several legal departments, the CPBO project included a voluntary section of the survey in which there were several questions on metrics, including recorded pro bono hours.

The CPBO project also asked signatories to share their most impactful pro bono experiences in 2022. The responses highlighted the breadth of in-house pro bono and included projects from freeing the wrongfully convicted and preventing future wrongful convictions to drafting end-of-life planning documents to conducting research to help NGOs that serve vulnerable populations. PBI looks forward to highlighting this important work in more detail in the PBI Signatory Showcase.

“This year’s CPBO Challenge survey shows that in-house legal departments are holding the course and playing an important role in bridging the access to justice gap,” said PBI President and CEO Eve Runyon. “We are encouraged by the breadth of substantive work that in-house legal departments continue to take on, and we hope to see growth in 2023.”

“We are pleased to see that in-house pro bono participation remains strong and steady,” Alyssa Saunders, Director of the CPBO project, said. “By measuring and reporting on pro bono participation rates and hours of service, we can highlight the capacity of in-house counsel to assist in the delivery of pro bono legal services to the indigent, and to nonprofits and microenterprises in our communities. We thank the Chief Legal Officers and General Counsel who encourage and support efforts by their departments to increase access to justice through pro bono.”

An Overview of In-House Pro Bono in 2022

  • Forty-nine percent of U.S. lawyers at responding departments participated in pro bono in 2022 (compared to 48 percent in 2021).
  • The average pro bono participation rate for U.S. legal staff increased slightly: 33 percent of U.S. legal staff participated in pro bono in 2022 (compared to 32 percent of U.S. legal staff in 2021).
  • Forty-nine percent of responding departments met the goal of at least 50 percent pro bono participation by U.S. lawyers in 2022 (compared to 48 percent in 2021).
  • The percentage of responding departments that met the goal of at least 50 percent participation by U.S. staff increased significantly to 32 percent in 2022 (compared to 22 percent in 2021).

View the full report and data analysis. 

Update on Right to Counsel in Immigration


PBI has long followed movements to secure the right to counsel as this right marks essential progress in the struggle for access to justice for all. While we celebrated the 60th anniversary of Gideon v. Wainwright in March, which established the right to counsel in criminal proceedings, there is still no “civil Gideon” in civil and administrative proceedings, including immigration. Therefore, people who are asserting their right to stay in the U.S., including those who are detained, do not have a right to access an attorney to help them through the challenging removal proceedings process.

Many non-citizens face removal proceedings in immigration court without the counsel of a legal expert, despite the legal complexity of the case, and the weight of the repercussions. There are a variety of organizations that have researched and reported statistics on this issue, which paint a dire picture of the state of legal representation in removal proceedings. According to the Congressional Research Service (CRS), as of the first quarter of FY2022, approximately 53 percent of all respondents with pending removal cases had representation, a decline from the first quarter of FY2018, when 67 percent of respondents had representation in removal proceedings. The CRS further found that the rate of success differed substantially for those who were represented: 44 percent of represented individuals were granted relief compared to only 15 percent of unrepresented individuals. Vera Institute of Justice (Vera) reported that as of September 2022, 800,000 unresolved pending immigration cases that had begun in FY2020 or later lacked representation. Find out more about this important issue in our blog.

Showcasing the Work of Challenge Signatories

Each year, the signatories to the PBI Law Firm Pro Bono Project Challenge® and Corporate Pro Bono Challenge® initiatives provide important pro bono services to underserved, disadvantaged, and other individuals or groups unable to secure the legal assistance needed to address critical problems. The PBI Signatory Showcase spotlights some of the exceptional work signatories have done to serve those in need.

Corporate Pro Bono (CPBO) project is excited to highlight the legal department of Advance** for this month’s Signatory Showcase. In 2022, Advance partnered with the nonprofit Start Small Think Big (SSTB) to provide transactional legal services to Black and women-owned small business owners in the e-commerce field making less than $50,000 a year. The volunteers applied their commercial lawyering expertise on a variety of issues, ranging from privacy to terms of use for doing business online to intellectual property. SSTB provided support to the volunteers, including template documents that the volunteers could review and customize before they met with the clients. 

CPBO spoke with Dora Ramos, Director of Legal Operations, and Jake Lipman, Director of Administrative Services for the Legal Department, about what made this experience a successful and replicable in-house pro bono project.

First, the full department, both lawyers and staff, participated in this project. For example, both Dora and Jake, along with other business professionals in the legal department, were able to work with attorneys to prepare their clients’ documents. Jake also helped coordinate the logistics of the project, matching volunteers’ skillsets with the clients’ needs. This was a great way to encourage lawyers and legal staff who may work together on day-to-day business to partner on pro bono. After the client meetings, paralegals and administrative assistants updated the clients’ documentation and sent it back to SSTB, to send the final products to the clients.

Second, the Chief Legal Officer of Advance, Michael Fricklas, participated in the project, setting the tone from the top and encouraging other members of the legal department to participate. Michael partnered with another colleague to help a company, selling beauty products with their statements on their website, and applied his expertise in intellectual property to serve the client.

Third, with many employees preferring to work remotely these days, this pro bono opportunity was a successful example of remote pro bono. The volunteers received documentation electronically from SSTB in advance of the clinics, and then met with their clients in virtual break-out groups. It was easy for the volunteers to review legal documents with their clients by sharing their screen. Jake shared, “The virtual environment is all I have ever known. As long as the lawyers are admitted in the right state, you can be wearing sweatpants and still help somebody.” Dora agreed that the pro bono volunteers were “very comfortable collaborating virtually” with their clients.

Fourth, the volunteers used their existing skillset to do pro bono. Some clients needed help with doing business online, or privacy statements, or legal help with their website. Because SSTB communicated the clients’ specific needs in beforehand, Advance could marry the volunteers’ skills to the vendors’ needs. This made the experience satisfying for the volunteers, who could provide the advice and counsel without additional training. Dora commented that for some corporate lawyers “the fear factor comes in” when they are asked to go to court for a pro bono matter, and “sometimes the lawyers feel a pro bono opportunity is not exactly in their wheelhouse.” By contrast, “with this particular engagement they knew in advance what was required of them and they felt supported.” This was a great opportunity to do pro bono with which they felt comfortable. Pro bono volunteers found it so meaningful to serve these clients that the department decided to purchase products from their pro bono clients’ small businesses as holiday gifts for employees. This further helped move the needle for the small business clients during the holiday season.

Advance continues to serve small business clients in 2023. Congratulations to Advance on their impactful pro bono work. Check out the pro bono work of more of our signatories here.

Join PBI and Our Annual Dinner Co-Chairs for a Celebration of Pro Bono Achievements

PBI 2023 ANNUAL DINNER
Monday, October 16, 2023
6:00 p.m. | Reception
7:00 p.m. | Dinner and Awards Presentation

Gotham Hall
1356 Broadway (at 36th Street) | New York

ANNUAL DINNER CO-CHAIRS

Christa A. D’Alimonte
Executive Vice President, General Counsel and Secretary
Paramount Global**

Gregory B. Jordan
Executive Vice President, General Counsel and Chief Administrative Officer
The PNC Financial Services Group, Inc.**

AWARDS TO BE PRESENTED
2023 John H. Pickering Award
honoring a law firm for its outstanding commitment to pro bono legal services

2023 CPBO Pro Bono Partner Award
honoring innovative pro bono collaborations of in-house legal departments with law firms and public interest organizations
_____________________________________________________

For more information or to inquire about sponsorship opportunities, please contact:
Danny Reed, Director of Development
dreed@probonoinst.org | 202.729.6691

Save The Date

PBI 2024 ANNUAL CONFERENCE
March 7 – 8, 2024 | Renaissance Hotel | Washington, D.C.

Elevate Your Voice

As part of our efforts to keep the PBI Annual Conference informative and thought-provoking, we welcome your proposals for concurrent and plenary sessions. We especially encourage you to submit ideas for workshops, small group discussions, and other interactive programs that will facilitate engaging in-person programming. By presenting a session at the Annual Conference, you can elevate your voice and demonstrate your expertise on this national stage!
 
Please submit your Session Proposals for the 2024 PBI Conference –
and suggestions for session topics, speakers, or other ideas you may have – by July 25.
 
There are two ways to participate:
  • All session proposals must be submitted using our PBI Annual Conference Call for Proposals Form. If you have more than one session proposal idea, please submit them using multiple forms. By submitting a session proposal, you are agreeing to create original materials (such as a slide deck) needed to secure CLE credit for your session.
  • If you don’t have a specific session proposal but have ideas for topics or speakers that you would like to see at our Conference, please submit ideas using our Topic & Speaker Ideas Form.
If you have questions about submitting a proposal or other input for the 2024 PBI Annual Conference, please contact us at pbi@probonoinst.org.

EmPOWERing Pro Bono

PBI and its CPBO project, in partnership with the legal department of Entergy Corporation** and the Edison Electric Institute (EEI), are hosting the second annual EmPOWERing Pro Bono Day on Thursday, November 16, 2023.  This event brings together volunteer attorneys and legal staff from electric and gas companies to provide pro bono legal assistance to address critical legal needs of underserved communities. At the 2022 EmPOWERing Pro Bono Day, more than 150 in-house volunteers from eight legal departments participated in pro bono service projects. Many legal services organizations and law firms partnered with the in-house attorneys and staff to address critical needs through pro bono legal services.  If you are interested in participating in EmPOWERing Pro Bono Day, please contact the CPBO project at cpbo@probonoinst.org
 

CPBO Welcomes Six New Signatories

In the first half of 2023, The CPBO project has welcomed six new signatories to the Corporate Pro Bono Challenge®initiative:  CVS Health**, Elastic**, Zendesk, Inc.**, Corebridge Financial**, Kimball Electronics, Inc.**, and Pinterest, Inc.** We thank the GCs and CLOs of these companies for making a commitment to increase access to justice through pro bono legal services. Not a signatory yet? Join 190+ companies (including more than half of the Fortune 100) who have made a commitment to increase access to justice through pro bono legal services by completing the Corporate Pro Bono Challenge® Statement form.
 

* denotes a Law Firm Pro Bono Challenge® signatory
** denotes a Corporate Pro Bono Challenge® signatory
† denotes a Law Firm Pro Bono Project® member