American Bar Association Law Firm Pro Bono Challenge Comes to Colorado
| Publication year | 1996 |
| Pages | 9 |
| Citation | Vol. 25 No. 4 Pg. 9 |
1996, April, Pg. 9. American Bar Association Law Firm Pro Bono Challenge Comes to Colorado
The American Bar Association ("ABA") Law Firm Pro Bono Challenge ("Pro Bono Challenge") was first introduced in 1993 to increase commitment by the country's largest law firms to do pro bono work. With the current crisis in Legal Services Corporation funding and the accompanying restrictions on qualifying cases in the congressional appropriations bill, commitment to pro bono representation has become a critical need. The CBA Committee on the Availability of Legal Services has identified and examined the programs of Pro Bono Challenge participant firms in Colorado.
Although the title, "ABA Law Firm Pro Bono Challenge" has been copyrighted by the ABA, many of its principles have universal application. The Pro Bono Challenge asks large law firms across the country to commit an amount equal to either 3 or 5 percent of the firm's total billable hours to pro bono work. The majority of the time should consist of:
delivery of legal services on a pro bono basis to persons of limited means or to charitable, religious, civic, community, governmental and educational organizations which are designed primarily to address the needs of persons of limited means.(fn1)
For the purposes of the Pro Bono Challenge, the term pro bono refers to firm activities undertaken without expectation of a fee and not in the course of ordinary commercial practice.(fn2) The Challenge not only asks for a commitment of a percentage of the firms' billable hours, it also asks firms to provide pro bono opportunities to attorneys, to provide financial support to pro bono organizations, and to ensure that firm policies take into account the commitment of the firm to pro bono participation.(fn3)
Several Denver firms are committed to the principles behind the Pro Bono Challenge. A letter was recently sent asking these firms how they have implemented the principles.(fn4) Three large Denver firms and seven national firms with Denver offices responded,(fn5) although the detail of the responses varied. Many firms used similar policies and procedures, adapting them to suit their individual firm needs and pro bono expectations.
Davis, Graham & Stubbs circulates a form requesting lawyers to take on at least one pro bono case during the year, and follows this with personal requests for volunteers at department and firm-wide meetings. Moreover, pro bono work is one of the criteria for partnership consideration and is evaluated in the associate review process. Davis, Graham & Stubbs invites different pro bono organizations to present their specific programs and solicit lawyer participation. The firm also publishes an internal newsletter that both recognizes and solicits volunteers for pro bono work.
Holland & Hart does not have a specific pro bono hourly requirement. However, the firm takes pro bono work into consideration in evaluating what might otherwise be a shortfall in total billable hours. Holland & Hart also encourages its attorneys to value pro bono work by providing pro bono training and publicizing pro bono opportunites.
Holme Roberts & Owen encourages lawyer participation in organizations such as the Denver Bar Association's Thursday Night Bar program ("Thursday Night Bar") and the Colorado Lawyers Committee. The firm expects participation in pro bono work, and the time spent on pro bono matters is treated equally with time spent on any other client matter. Attorneys at Holme Roberts & Owen participate in the Permanent Restraining Order project in Courtroom 303W in Denver, and act as
Arnold & Porter circulates a form to match cases with attorney interests and publishes an internal pro bono newsletter. Pro bono representation is encouraged through firm recognition, and the firm has a specific policy allowing each partner and associate to spend up to 15 percent of his or her billable time on pro bono matters. The pro bono committee at Arnold & Porter consists of six partners, five associates and a social worker/coordinator. Partners supervise associate work on pro bono cases, and associates are given a billable hour equivalent credit for time spent on pro bono activities.
Dorsey & Whitney has made its pro bono coordinator a full-time position, and has at least a part-time coordinator in each branch office. Associates receive credit toward their billable hours for pro bono work exceeding the pro bono guideline, and pro bono representation is considered in partnership and compensation decisions. The firm recognizes pro bono efforts and rewards extensive involvement. Dorsey & Whitney has also formed teams dealing with different topical areas for pro bono cases. The team approach works particularly well when a lawyer who may wish to do pro bono work is not familiar with the particular area of law in which representation is needed.
Faegre & Benson has a comprehensive policy and procedures manual dealing with pro bono representation, as well as a committee (including partners and managers) overseeing pro bono and community service programs. The pro bono coordinator at Faegre & Benson works individually with lawyers to match cases with interests. The firm establishes teams to work on pro bono projects efficiently, and provides mentoring and training for attorneys working outside their usual practice area. Methods of recognition include a column in the firm's weekly newsletter, observation of Pro Bono Week, and an annual award for outstanding pro bono commitment. Finally, pro bono participation is evaluated for salary and performance reviews.
McKenna & Cuneo has a partner in the Denver office who is in charge of pro bono work. The firm attempts to meet the percentage of billable hours suggested in the Pro Bono Challenge by attorney participation throughout the firm.
Morrison & Foerster's policy is to value pro bono hours the same as billable hours by counting them toward the total billable hours expected for attorneys. In addition, pro bono work is valued the same as work for other clients in associate evaluations, partnership decisions and, in some cases, partner compensation. The firm has a pro bono committee that reviews and approves pro bono work, and publishes a booklet describing pro bono activities in its various offices.
Patton Boggs works with organizations such as the Thursday Night Bar program, American Civil Liberties Union and Colorado Lawyers Committee. There is firm-wide recognition of pro bono efforts, and the firm is willing to pay the case costs for indigent representation. Patton Boggs utilizes a central pro bono committee to match cases with interested lawyers, and there are partner or senior associate mentors assigned to pro bono cases. In addition, the firm requires any associate seeking an annual bonus to work 100 hours of pro bono per year. The firm's pro bono newsletter provides policy guidance for pro bono case management, recognition of attorneys and firm accomplishments in pro bono representation, and lists training and representation opportunities.
Popham Haik Schnobrich & Kaufman uses direct incentives to encourage pro bono representation. Firm associates can count up to 100 hours of pro bono work toward their billable hour requirement.
These are some of the things three larger Denver area law firms and seven national firms with Denver offices have done to increase and encourage pro bono representation.
Many lawyers do not practice in such large firms. Committing even 3 percent of total billable hours to pro bono representation may seem impossible for a sole or small firm practitioner or a government attorney. Nevertheless, many opportunities are available that reflect the principles of the Pro Bono Challenge. Specific programs in Colorado make it easier for all attorneys to assist those who cannot otherwise afford legal representation.
The following suggestions for increasing pro bono work may be particularly useful for those in medium to large firms; however, others are applicable to all lawyers.
Accept referrals from legal services or bar-affiliated pro bono programs, such as the Thursday Night Bar program, Colorado Lawyers Committee and American Civil Liberties Union.
Large law firms can really make a difference through group referrals. Rather than accepting one case at a time, a firm agrees to accept referrals in bulk. For example, a firm could agree to accept all Thursday Night Bar cases requiring living wills for AIDS patients during one month.
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