Pro Bono, Transactional Style
Big firms show it's not just about litigation any more
By Darhiana Mateo
Some have helped put the stories and faces of hundreds of foster care
children on the front page. Some have helped reunite kidnapped children
with their grieving parents. Others have played critical roles in the
construction of community organizations aimed at serving the needs of
battered women, the homeless and abused children. Still others have brought
peace of mind and security to hundreds of police and firemen by providing
them with wills.
And all of this is free of charge.
Just who are these benevolent benefactors?
They're lawyers. And these are just a handful of examples of
"nontraditional" pro bono initiatives currently been implemented
by large law firms across the nation. The pro bono efforts of these firms
reflect the fresh vigor with which some law firms are re-cementing their
commitment to a wider array of pro bono work. More than before, some firms
are using their special skills to tackle a wealth of previously untouched
pro bono opportunities.
"One of the really interesting developments that has been happening in
pro bono the last few years is that it was once seen as 'for litigators
only,'" said Esther Lardent, president of the Pro Bono Institute at
Georgetown University Law Center. "But now there are all kinds of
exciting and new opportunities that lawyers from all practices can take
on." The institute that Lardent heads provides support, guidance,
training, resources and inspiration to major law firms, corporate legal
departments and public interest organizations seeking to expand and enhance
access to justice for the poor and the disadvantaged.
Both the legal and nonprofit arenas are now recognizing the tremendous
value and need for corporate and transactional lawyers to put their
specialties to work for pro bono initiatives. How? By drafting contracts
for nonprofit entities and nongovernmental organizations (NGOs), helping
these organizations negotiate the often times perplexing world of taxes,
registering foundations as charitable organizations, and even spearheading
mergers and acquisitions. Nonlitigators are broadening the definition of
pro bono and proving to be an invaluable asset in this field.
According to Lardent, the days when pro bono work was viewed by firms as
"off to the side" are long gone and firms are now seeing pro bono
as a much more critical part of their operation.
Robyn Ice, the pro bono partner for the Chicago office of Alston &
Bird, LLP, said that her firm saw a need for not just more transactional
pro bono opportunities, but for this type of work to be recognized
as pro bono.
"In the realm of representing clients, we noticed early on that a lot
of our transactional folks are doing a lot of pro bono work, but it wasn't
viewed as traditional representation," Ice said.
She added that this issue was really clarified for her when she realized
how much time one of Alston & Bird's real estate lawyers was devoting
to the legalities of building a shelter for women. "She saw the
project through from when it was just an empty lot to opening day. It never
required her to go to court, but it was still definitely pro bono
work," Ice said. "We started looking to see if there were
specific opportunities out there for nonlitigators. They have the same
drive and interest but not so many opportunities — or so we
thought."
The firm really began to focus its efforts on formalizing its pro bono
program and actively sought out opportunities for its many
transactional lawyers. They began doing pro bono work with groups
such asEverybody Wins, a program where the lawyers volunteer to read out
loud to kids, and Women in Need, where many of the firm's lawyers get
involved assisting disadvantaged women and children who have been rendered
homeless for various reasons.
"To me, it's something really important. We had people asking for it.
We wanted to make sure it was available. The traditional kind of pro bono
work just doesn't work for transactional lawyers," she said.
"It's really important for law firms — if they're going to have
a pro bono program and genuinely encourage pro bono — that
they seek out opportunities for nonlitigators as well so they can get
started early on and make pro bono a part of their practice from the very
beginning."
In recent years, some firms have opted to highlight their commitment to pro
bono by drafting written policies and formalizing their programs. According
to Lardent, clearly articulated policies on the firm's stance on pro bono
are critical in order to have an effective program.
"If a firm doesn't have a formalized pro bono program, it can create
barriers for lawyers. Any lack of clarity on how pro bono is treated or
viewed by the firm can have a significant effect on people's willingness to
do pro bono," Lardent said. "A lot of times firms say they
encourage pro bono, but they don't act in a way consistent with that
statement. They are sending mixed messages that cause people to stop and
think — to be worried that they're not contributing to the firm's
best interest."
Angela Vigil, director of pro bono and public service (North American
region) and practicing pro bono lawyer for the Chicago office of Baker
& McKenzie, said that about three years ago the firm took the whole
"put your money where your mouth is" mentality to heart and
formalized its pro bono program to prove that they weren't just "all
talk."
"Great firms have always done it, but progress has become more
formalized over the years," Vigil said. "People really see it now
as part of the firm culture."
One of the ways Baker & McKenzie has formalized the program is by
appointing a partner and associate in each office to be in charge of that
office's pro bono initiatives. Every office also now gives credit (just
like any other billable hour) for up to 60 hours of pro bono work.
"We're really excited about that. Obviously, this makes it more
serious. It sends a message that we're not kidding," Vigil said.
"I think one of the key successes of pro bono is that there's no or
very little discernable difference between someone doing paid work and pro
bono work. It doesn't send a good message if you say this is a pile of real
work; this is a pile of pro bono work."
The firm dedicates a substantial amount of pro bono hours to nonlitigation
work such as running a naturalization clinic along with Abbot Laboratories
Saturday mornings in Chicago, and working with Habitat for Humanity and the
World Food Bank. "And these are all our business guys," she
said.
Vigil said that she has noticed an increase in the types and number of pro
bono opportunities for transactional lawyers as well as an increase in the
interest on behalf of transactional lawyers to take on these types of
cases. But she added that just because this type of pro bono has only
recently begun to raise interest and be recognized, it doesn't mean that
transactional lawyers haven't quietly been contributing to the pro
bono arena for a long time.
"We've been doing transactional pro bono for years. Historically, it's
just not the way people think about pro bono — but I think they're
wrong," she said.
Kathleen Wach, pro bono coordinator for Miller & Chevalier, a
Washington-based firm, said she couldn't agree more. Miller & Chevalier
has been involved with transactional pro bono work since 1920 when it was
founded as a tax firm. "We're kind of an interesting mix; sort of a
conservative, quiet place, but we also have a long-standing commitment to
pro bono," Wach said. "We see ourselves as having an obligation
to help out those groups that need our help."
With this goal in mind, Miller & Chevalier has helped hundreds of
charitable organizations and nonprofits attain tax-exempt status and has
helped them with the IRS. "Small organizations have really strong
missions, and they sometimes don't pay a lot of attention to tax matters.
They just don't think about it," she said.
Wach has been the pro bono coordinator with the firm for about five and a
half years. Before that, she was a legal aid lawyer for several years. She
said that the firm's decision to hire a full time professional dedicated
solely to coordinating pro bono efforts demonstrates their commitment to
pro bono work. "The firm has really included me as a professional in
the firm — it reflects that they really see this as an integral part
of the law firm," Wach said.
Ronald Tateback, special counsel and firm-wide coordinator for Skadden,
Arps, Slate, Meagher & Flom LLP and affiliates, headquartered in New
York, emphasized the importance of having an effective pro bono
program. While the firm does count pro bono hours the same as billable
hours, it also places more stock on the evaluation of pro bono work. They
encourage their associates and partners to not only take pro bono cases
— but to do them well — and provide them with the mentoring to
ensure that they will be successful. Those lawyers that receive favorable
evaluations on their pro bono work are more likely to get better billable
assignments in the future, Tateback said.
"We have tried to make it so much a part of the culture. We've gone
the extra mile to make it easier for them to be able to do this work,"
he said. "We have always expressed the philosophy that we ought to
find something that they can do pro bono and can do
effectively."
Tana Vanderbilt, pro bono coordinator for Nelson, Mullins, Riley &
Scarborough, LLP, a firm with nine offices throughout the southeast,
reiterated the significance of these pro bono initiatives flourishing
within a genuinely supportive environment. And according to Vanderbilt, who
works out of the Columbia, S.C., office, that's exactly what her firm
provides.
"I think it's just the whole environment — it encourages people
to do that. It reaffirms the idea that part of being a lawyer is giving
back — using our unique skills to help those who might not have
access to justice," Vanderbilt said.
Nelson, Mullins' pro bono program is structured in the form of a committee.
The firm has set a goal for each lawyer to do 45 hours of pro bono work per
year that are treated the same as billable hours. Any hours beyond that are
also treated the same as billable hours as long as they are accepted by the
approval subcommittee. "The idea is that everyone is encouraged to do
pro bono work — no cap," she said. "From the partners down
to the associates, almost everyone does pro bono here." The firm's pro
bono work has tended to focus on aiding abused and neglected children, but
is not limited to this area.
According to Vanderbilt, it's not just the communities or nonprofit
organizations that benefit from pro bono work — the firm itself
reaps the benefits of this commitment. "Pro bono is definitely good
business sense," she said.
Not only do firms benefit because these days more and more clients put
stock on firms' pro bono spirit when looking at firms to hire, but it's
also a great way for younger lawyers to hone skills they normally wouldn't
get to use at the onset of their legal careers. A strong pro bono culture
in a firm also helps with the recruitment and retaining of lawyers, she
said.
Perhaps the most decisive factor in determining the success of a law firm's
pro bono program is not what the coordinators say but what the lawyers that
take on these cases feel.
Lisa Gordon, an associate with Nelson, Mullins' Raleigh office, won the
2005 Young Lawyers Division Award — handed out by the North Carolina
bar association every year to a lawyer under 40 as a way of celebrating
their commitment to pro bono.
Gordon is being recognized for her work helping resolve international
kidnapping cases with the National Center for Missing and Exploited
Children. The center handles cases when children from other countries are
abducted or wrongfully retained in the United States. Since 2001, Gordon
has clocked more than 300 pro bono hours.
"It's important that you have a supportive environment. All the
policies in the world don't matter if people don't believe in them,"
Gordon said. "It's important that there not just be policies, but
people behind these policies pushing for them to be followed
through."
Gordon said that the pro bono cases she has taken on have been the most
fulfilling experiences of her professional life. "I think that the
feeling that sticks with me most in each case is the gratitude I've gotten
from parents — most of whom I've never met — crying,
hysterical with joy, when they get their kidnapped children back. It's
something you can't quantify. It's the best feeling you can get," she
said.
Another pro bono initiative the firm has taken on is the Wills for Heroes
project, which provides wills for firemen, policemen and other emergency
personnel. It started in the firm's Columbia office at the end of 2001 as a
way to honor the memories of the emergency personnel that lost their lives
in the Sept. 11 tragedy, said Steve Wilson, an associate at the firm's
Atlanta office. The program has expanded to the Georgia office and they
have currently written almost 700 wills.
Several other large law firms are catching on to this trend and initiating
rather innovative nonlitigation pro bono projects.
Rachel B. Coan, pro bono co-chair for LeBoeuf, Greene & MacRae LLP in
New York City, said that the expansion of pro bono opportunities for
corporate, tax, real estate and other transactional lawyers has provided a
variety of lawyers at LeBoeuf with a "wonderful and rewarding set of
new experiences." She highlighted her firm's recent work on behalf of
their client, Heart Gallery of New Jersey Inc., a nonprofit organization
that is organizing a unique, traveling exhibit featuring the portraits of
New Jersey's foster children in need of adoption.
With the aid of a group of photographers who have volunteered to help take
the children's portraits, and The Star Ledger, a major
newspaper in New Jersey, the goal of the Heart Gallery is to capture the
individuality and spirit of each foster child in the hope of motivating
families to adopt them. In addition to the gallery exhibits, their pictures
and brief biographies will also run as a series in the paper.
LeBoeuf has provided extensive legal services to the Heart Gallery in the
areas of intellectual property, nonprofit incorporation, federal tax
matters, trademark and copyright protection, and a myriad of state and
federal regulations governing privacy and Internet use.
Orrick, Herrington & Sutcliffe LLP has also dedicated a great deal of
time and energy to nontraditional pro bono initiatives. In 2004, the firm
clocked a total of 28,627 hours. Marybeth La Motte, who works out of the
San Francisco office and is the firm's manager of community responsibility,
said that they are currently in the midst of their first firm-wide, global
pro bono effort.
They are working with the Right to Play Organization, a humanitarian group
that uses sport and play programs to encourage the healthy physical, social
and emotional development of the world's most disadvantaged children.
Orrick is focusing its efforts on the complex legal issues that arise
because of the international reach of the organization.
The firm has set up a team around the globe tackling corporate, tax and
employment matters (among others)," La Motte said. "It has been
really exciting for our attorneys, whether they're in Seattle or Paris, to
be able to work together on pro bono."
John Cox and Ronald Peterson, pro bono coordinators at the Chicago office
of Jenner & Block, are both partners in the firm's corporate department
and they agree that there are plenty of pro bono opportunities out there
for transactional lawyers — it just might take a little more work to
find them.
Peterson came to Jenner & Block after several years of working for
another large corporate firm, and said that he was introduced to pro bono
opportunities that he never dreamed of in his previous firm. "For me,
it was a bit of an awakening to the abilities for corporate lawyers to do
pro bono," Peterson said.
Last year, Cox said that nearly 80 percent of the firm's lawyers put in 20
pro bono hours each. Across the board, pro bono makes up about 7 percent of
their billable hours, compared to the national pro bono goal of 5 percent.
"There is a long-standing firm culture to do pro bono work. One of the
things we look for in new recruits is that they fit into that culture.
People have come to us because of that culture and have bought into
it," Cox said.
Peterson said that pro bono work can be especially rewarding for
transactional lawyers. "Instead of working with very large commercial
institutions, we get to work directly with people whose organizations are
at stake. The more intimate connection with the client, the easier it is to
see and appreciate the fruits of what you do," he said.
Richard Hobish, the executive director of Pro Bono Partnership in New York,
a legal resource center for nonprofits and lawyers whose mission is to make
it as easy and enjoyable as possible for in-house and transactional counsel
to provide pro bono service for nonprofits, said the Partnership's
existence echoes the recognition of the contributions that transactional
lawyers can make to the field of pro bono.
The Partnership was founded in 1997 by members of the Corporate Bar
Association and is dedicated solely to providing transactional legal
service. He said that there was no question that the transactional pro bono
environment has definitely caught on in recent years and more and more
corporations and lawyers are getting involved as a result.
"Generally, pro bono was always perceived as the litigators' load, but
once people realized that there were all these transactional opportunities
available — it was just the natural next step," Hobish
said.
So, yes. Pro bono isn't just for trial lawyers. Business lawyers: Step up
to the plate!
For more information
The ABA Business Law Section's Pro Bono Committee has the ABC Manual with a
searchable directory of Business Law pro bono projects:
http://abaprobono.org/businesslaw.
The ABA Center for Pro Bono has numerous resources and hyperlinks to local,
state and regional pro bono projects:
http://www.abaprobono.org.
The Pro Bono Institute at Georgetown University Law Center is a nonprofit
organization which, among other things, works with law firms and general
counsel offices to identify, develop and implement pro bono programs and
projects:
http://www.probonoinst.org.
Mateo is a freelance writer in Champaign, Ill.
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