Extracted from Law360
The American Bar Association's National Celebration of Pro Bono this week reminds us of the U.S. justice system's accessibility gap for civil legal services and how pro bono service can make our system more equitable.
According to a 2022 report by the Legal Services Corp., the largest funder of civil legal aid in the U.S., "Low-income Americans did not receive any legal help or enough legal help for 92% of the problems that substantially impacted them" in the prior year.[1]
While most people may think that pro bono lies mainly in the realm of established law firm programs, many in-house legal departments can participate in pro bono in a variety of ways.
Whether you're starting from scratch, seeking to grow a program, or looking to maintain a well-established pro bono machine, here are some ideas and tips for a vibrant in-house pro bono program.
Start small, set achievable goals and survey the department.
It's tempting to think of all the wonderful potential projects and the impact your pro bono efforts could have, but as a first foray, select a project that can be completed in a reasonable amount of time, such as a clinic.
Many legal services organizations, or LSOs, offer virtual or in-person clinics for client intake, issue-spotting or even providing limited advice, which are helpful for issues including landlord-tenant matters, nonprofit guidance, veterans benefits and expungements, to name a few.
A discrete opportunity not only draws in people who might be reluctant to commit to something longer-term, but it will demonstrate what's possible and pique volunteers' interest in participating again in the future.
It isn't realistic to think that everyone in the legal department will participate in every pro bono project, because they have varying availability and interests.
So, having goals — such as a specific number of participants or a certain number of projects each year — that reflect your department's size and makeup will help chart a course forward. Understanding this from the beginning makes goals more achievable, and lets you measure and build upon your initial success in subsequent years.
If a legal department has yet to be involved in pro bono, it's hard to know which of the many available opportunities to engage in first. Consider circulating a short survey to determine general areas of interest; desired time commitment; and the types of engagement the team prefers, such as clinics, research or direct representation. That way, the survey data will inform your focus from the outset.
Invite legal services organizations to discuss projects.
Some people know exactly where their passions lie, but others would like to know what issues are relevant and timely and learn more about new opportunities. LSOs will often agree to do a "lunch and learn" to talk about their work and how the legal department can get involved. These sessions can spark enthusiasm for the work and help garner volunteers.
LSOs are a great resource for providing in-depth training for projects, and are often available for substantive assistance along the way.Communicate opportunities and share results.
Including the entire department in pro bono is a wonderful team-building opportunity.
While the professional responsibility to provide pro bono legal services is specific to attorneys, the projects themselves don't have to focus solely on licensed attorneys. There are a vast array of pro bono matters in which paralegals, legal assistants and others in a legal department can add value.
As with any endeavor, communication is key. People are more likely to volunteer for a project when they fully understand the expectations, including the scope of work and the time commitment, so detailed communications are important when showcasing the opportunity and seeking volunteers.
Explaining the value of the work and the impact it will make can help contextualize the pro bono service, especially when the project is limited and discrete. And by sharing the results of the project after completion, you'll generate a sense of accomplishment and fulfillment that can be parlayed into future volunteer efforts.
Consider including a volunteer spotlight in a newsletter or regular email communications to help support a pro bono culture within the department.
Set a calendar and identify project leaders.
In a department with a more mature program and a lot of people who want to participate, consider mapping out the opportunities and engagements in advance for each quarter, so that the legal team's members can plan ahead.
The adage "many hands make light work" applies to the pro bono space, as well. Identify someone who's passionate about the issue area and ask them to lead the volunteer effort. Amplify their efforts, so they're appropriately recognized for this additional commitment.
As the program grows, and relationships develop with LSOs, assign a person to each organization to be the liaison and lead the efforts related to repeat projects. These connections may even lead to the added benefit of future board membership for lead volunteers.
And why not start with a splash? If you're trying to get your department excited to engage in pro bono, consider hosting a training that ties into a larger social event, such as a departmental lunch or reception. Incorporate pro bono service into team meetings, off-sites or planning sessions, or invite an outside speaker to talk about pro bono opportunities.
Develop a policy and form a committee.
As a pro bono program takes off, consider drafting a pro bono policy that sets forth certain guidelines for the program, including what counts as pro bono, how to initiate a matter, how to keep track of time spent on the project, and other helpful advice or requirements.
Legal departments that routinely engage in pro bono should consider forming a committee to help share the responsibility of running the program.
Establishing a meeting schedule for the committee will help ensure that pro bono remains top of mind, people generate new ideas, and opportunities are properly vetted and staffed.
Be mindful of logistics.
While one of the benefits of working in-house is not having to record every billable hour, asking volunteers to keep track of pro bono time will help gauge the amount of participation, measure the impact and determine whether the program is meeting its objectives.
If the department partners with a specific LSO, consider providing a donation to the organization commensurate with the number of hours dedicated to the project.
Also, most corporate legal departments don't maintain malpractice insurance for pro bono engagement. While policies can be purchased that will apply to a specific pro bono undertaking or to participation in pro bono more generally, partnering with an LSO and being covered by their malpractice insurance is usually the most efficient and cost-effective way to guarantee that malpractice insurance is in place for in-house pro bono work.
Leverage synergies and resources.
Consider tying pro bono efforts to the philanthropic focus areas of the overall company or related foundation, so that the undertaking feels more holistic and not siloed within the legal department.
If the business has certain environmental, social and governance or corporate social responsibility reporting requirements, be sure to understand how the legal department's pro bono efforts can accrete to these objectives and be included in overall reporting.
If your legal department is new to pro bono or seeking to grow, take advantage of available resources. In addition to the LSOs, entities such as the Pro Bono Institute, the ABA, the Association of Corporate Counsel, and law firms can help support in-house pro bono efforts.
Remember that Rome wasn't built in a day.
Finally, don't let the perfect be the enemy of the good.
Starting a program or developing new pro bono projects takes time, and it takes even more time when everyone is also working a full-time job. Allow for some grace and continue moving forward, knowing that the impact the department is making is bigger than it was before the team began engaging in pro bono at all.
No two legal departments and no two pro bono programs are the same, but we hope these pointers resonate and provide an impetus to jump-start, grow or continue pro bono engagement.
[1] https://justicegap.lsc.gov/resource/2022-justice-gap-report/.