Learning from Success
公益法律服务常务委员会的报告, 哥伦比亚特区巡回司法会议, 6月16日, 2004
Background
D.C. 巡回司法会议公益性法律服务常务委员会对靠谱的滚球平台事务所进行了为期三年的调查,以了解靠谱的滚球平台中达到1998年司法会议公益性法律服务决议标准的比例,即每年至少投入50个小时从事公益性法律工作. 虽然数量不多,但越来越多的靠谱的滚球平台事务所报告说,至少有40%的靠谱的滚球平台达到了这一门槛,大多数事务所报告说,大约有25%或更少的靠谱的滚球平台从事过这一最低限度的无偿法律工作. 2003年和2004年,首席法官道格拉斯. Ginsburg and Thomas F. 霍根主持了“40 at 50:司法公益表彰早餐”,表彰那些至少有40%的靠谱的滚球平台达到50小时目标的靠谱的滚球平台事务所. In 2003, seven firms attended and in 2004, 12 firms qualified to attend.
The chief judges have challenged the legal community to increase to 18 the number of firms that will qualify to attend in 2005. In order to assist law firms in their efforts to evaluate and enhance their pro bono programs, 常委会开展这一“最佳实践”项目,是为了向符合条件的40 - 50家靠谱的滚球平台事务所学习,为什么为数不多的靠谱的滚球平台事务所能够如此成功地鼓励和支持众多靠谱的滚球平台从事公益法律工作.
让无偿服务成为公司文化的一部分
每家公司都有自己的“文化”——一种特殊的经营方式, training lawyers, 并为客户提供法律服务. 那些将无偿法律服务纳入这种文化的公司, not surprisingly, 那些拥有最成功公益项目的律所. Several firms described to us their historically strong participation in pro bono legal work. These firms explained that talented lawyers who are interested in maintaining a pro bono practice are drawn to them. As one lawyer noted: “Our firm has a historic culture of public service, 所以志同道合的靠谱的滚球平台都想来这里工作.”
没有从长期参与公益法律事务中受益的公司可以采取措施改变他们的公益文化. 几家律所与我们分享了他们为加强公益项目而采取的措施,以使公益工作成为靠谱的滚球平台职业生涯的核心部分. They emphasized that no single model of pro bono program is going to work at every firm. 公司治理结构等因素, attorney compensation structure, and substantive areas of practice must all be considered in designing or expanding a pro bono program. Some of the core characteristics of successful programs are outlined in this paper. 提供稳定的, 长期, and visible commitment to pro bono, 它可以成为任何公司文化不可或缺的一部分.
建立一个适合你律所的公益组织
All the law firms we spoke with have an infrastructure to develop, assign, and manage pro bono work. The firms we spoke with ranged in size from 25 attorneys to over 250. 一些是单办公室公司,另一些是D.C. offices of national firms; several were headquarters offices. Each firm’s pro bono program was set up in a different way, but there were common, core aspects.
- 为公益项目建立明确的问责制.
Lawyers carry out their assignments—it is part of the legal work ethic. 结果是, it is not surprising that when someone is appointed to manage a firm’s pro bono program, the program thrives. All of the “40 at 50” firms have someone assigned to run their pro bono program. In some cases, it is a duty collateral to a lawyer’s other work; other firms have one or two people whose only assignment is the day-to-day management of the firm’s pro bono program. Even when pro bono program management is just part of a lawyer’s portfolio, we learned that firm leadership understands—and expects—that administration of the pro bono program will consume at least 25 percent, and sometimes more, of that lawyer’s time. 除了, firms have a pro bono committee, typically made up of partners and associates. The role of pro bono committees varies with the particular needs of the firm. A firm with offices in many cities may have a pro bono committee in each office focused on local concerns, or it may have a national pro bono committee that addresses broader, firm-wide policy issues. 类似的, a firm with only one office may use a pro bono committee to screen possible pro bono matters, or to fill a policy-making role.
- 在公益基础设施中加入资深靠谱的滚球平台.
The size of a firm may drive the kind of infrastructure that is in place: one of the smaller firms we spoke with uses its management committee to address pro bono issues; another firm of the same size has a pro bono committee and a partner assigned to coordinate pro bono work. The common thread is the involvement of both mid-level and senior-level attorneys in committees that address pro bono issues. 这确保了一个一致的信息,即无偿服务对公司和个人靠谱的滚球平台的整个职业生涯的重要性.
- 雇个优秀的人来管理你的公益项目.
Firms are increasingly hiring staff, typically an attorney, to coordinate pro bono matters. 这取决于所涉及公司的规模, these positions are either these are either full- or part-time positions the key, as one firm described it, 是“雇佣一个有组织能力的人?, 热情的, and effective administrator, case supervisor, and cheerleader.” The best firms make sure that their pro bono counsel is visibly supported by a strong committee, senior management, 或两个. They also ensure that the pro bono counsel is focused not on just doing pro bono work, 而是让尽可能多的靠谱的滚球平台参与无偿服务. Pro bono counsel develop relationships with area legal services providers, 为新上任的靠谱的滚球平台提供培训, 帮助律所靠谱的滚球平台找到他们感兴趣的公益事务. 除了, some pro bono counsel supervise and train firm lawyers in the skills needed to handle particular pro bono cases, 同时也有自己的公益案件. Some of these pro bono counsel moved from a regular attorney position in the firm into the pro bono job; others were hired from the legal services community. One firm noted that until the firm dedicated an attorney position to the pro bono program, 律所的公益服务参与有限, in spite of written policies encouraging and setting targets for pro bono.
确保无偿服务在公司政策中占有一席之地
A written policy that makes it clear pro bono legal work by lawyers is both supported and expected is, as one firm said, "这是律所无偿服务的基石.“再说一次,这在很大程度上是由公司文化驱动的. Firms with fewer written policies may have fewer written policies on pro bono, while those that have more written policies tended to have more that addressed pro bono. 我们从采访的公司那里听到的信息在核心上也相当简单:如果一家公司有书面政策,规定其靠谱的滚球平台应该从事的工作水平和类型, 对公益工作应当作出具体规定. Some examples of policies in place in the various firms with which we spoke include:
- Allowing pro bono hours to count towards billable minimums, with or without a “cap.”
- 允许无偿服务时间计入奖金.
- 包括在靠谱的滚球平台评估中对公益案件的表现.
- Setting a minimum number of pro bono hours lawyers should perform each year.
- Including pro bono hours in monthly and other regular reports of attorney hours.
- Assessing compliance with the pro bono minimum in associate annual evaluations.
整体, the goal of firms’ policies on pro bono is to send an unambiguous message that pro bono work matters to decision-makers at the firm, 它被视为与付费客户的工作一样, and that doing pro bono work and doing it well is important to a lawyer’s career at the firm.
为你们的靠谱的滚球平台找对公益案件
Successful pro bono programs are tailored to the needs and interests of the lawyers in the particular firm. At least three different, but complementary, ways to achieve this goal emerged from our conversations with firms.
- 发展与法律服务提供商的关系.
Several firms have developed relationships with area legal services providers, 他们的大部分无偿服务案件都来自这些服务提供者. This allows the firms to build up in-house expertise on the kinds of cases typically handled by the legal services provider, making it easier to place cases and find partners to supervise matters. The legal services providers, 反过来, often reach out to these firms first when there is a large or particularly attractive case needing pro bono counsel.
- 识别并满足靠谱的滚球平台事务所的业务需求.
Firms with full-time pro bono counsel indicated that they seek to identify needs and interests among lawyers within the firm, 然后找到满足这些需求的无偿服务机会. 有几家律所强烈地感觉到,他们能够让许多不同的靠谱的滚球平台参与公益工作的关键原因是,他们的公益事务吸引了许多不同类型的靠谱的滚球平台. 例如, several firms reported that their associates both needed and wanted hands-on courtroom experience. They responded by identifying pro bono opportunities that would reliably provide this kind of experience. 类似的, 一家靠谱的滚球平台事务所报告说,它已经开发了一系列非诉讼公益机会,以便为对诉讼没有兴趣或经验的靠谱的滚球平台提供从事公益工作的机会. Examples of such opportunities include nonprofit incorporation and community development matters. One pro bono counsel has had success in recruiting lawyers with a transactional/mergers and acquisition focus to handle adoptions. 他解释说,一旦他把涉及收养的法律工作重新定义为“将资产(孩子)从一个实体(寄养服务机构)转移到另一个实体(养父母)”,这似乎就更熟悉了, and more attractive, to transactional lawyers. 关键似乎在于寻找公益机会的灵活性和创造性,并将它们与现有的兴趣和需求相匹配.
- 使用技术来帮助放置案例.
管理公益项目最耗时的部分之一可能是了解靠谱的滚球平台的兴趣,然后将可用的靠谱的滚球平台与可用的机会相匹配. Several firms rely on an intranet system to help with this process, 在公益页面上发布机会,该页面直接链接到靠谱的滚球平台登录电脑时首先出现的屏幕. 另一家公司拥有一个靠谱的滚球平台利益数据库, so the pro bono coordinator can easily contact a small group of interested lawyers when specific pro bono matters arise. Most of the firms with which we spoke use email to communicate available opportunities.
Keep pro bono visible by articulating and demonstrating expectations
All of the firms we spoke with take significant steps to keep pro bono a visible, 这是靠谱的滚球平台在律所生活中有意义的一部分. 我们了解到,有一些共同的步骤可以成功地向律所的靠谱的滚球平台传达这样的信息:无偿法律工作是律所业务的一部分.
- 合伙人明显且深入地参与了无偿服务.
拥有最成功的公益项目的律所报告说,他们的合伙人——从最资深的到最年轻的——都积极地、明显地参与公益事务. Nothing sends a stronger message about the viability of a firm’s pro bono program than having its partners handling, 监督, and talking about pro bono legal work.
- Pro bono is part of the new associate and lateral hires’ orientation.
There was broad consensus that when new lawyers’ introduction to the firm includes discussion of the firm’s pro bono program, articulation of pro bono expectations, and direct contact with the person who can help them get pro bono cases, 它极大地增加了无偿服务的参与率. Some firms therefore include pro bono as part of a broader orientation meeting. Other firms have the pro bono counsel meet individually with new associates and lateral hires shortly after they start at the firm.
- 无偿服务是律所定期会议的议程之一.
A number of the firms we spoke with indicated that whenever there are regular firm-wide meetings, the pro bono program is on the agenda. 将公益服务作为律所业务的一个组成部分, 而不是一个辅助或课外活动, was seen as an important step in making pro bono a meaningful part of lawyers’ careers at the firm.
- 公益案件包括在公司业绩报告中.
A number of the firms we spoke with had newsletters that highlight aspects of the firm’s pro bono programs. 有些公司以硬拷贝的形式分发这些材料, and find them to be attractive for marketing to clients and presenting the firm to potential recruits; others use a firm-specific intranet, 或者网站来宣传自己的成就. Firms tended to use the same kind of platform used by the firm to advertise or publicize its other work.
Several of the firms we spoke with took additional steps to ensure that lawyers were aware of the firm’s pro bono program. 一家律所在对靠谱的滚球平台的评估中加入了一项内容,说明该靠谱的滚球平台是否达到了律所政策中规定的无偿法律工作的最低小时数. 没有达到这一目标的靠谱的滚球平台被要求与事务所的公益靠谱的滚球平台会面,制定一个计划,在来年达到这一目标. 另一家律所为新入职靠谱的滚球平台举办了无偿服务的年度培训——当年未达到无偿服务目标的靠谱的滚球平台也必须参加培训. Another firm expects its new lawyers to take on at least one case beginning six months after arriving at the firm.
Reap the collateral benefits
Performing pro bono legal work is good for the community—and some would say it is good for the soul. 我们了解到,这对商业也很有好处.
- 无偿服务有利于客户关系.
Several firms told us that corporate clients had been impressed by the firm’s pro bono work. When there is competition among high-quality law firms for business, having an active pro bono program can tip the scales in a firm’s favor. One firm reported that when a large, nationwide corporation learned that the firm was working with the same national nonprofit as the corporation, 公司开始把更多的工作交给公司.
- 一个强大的公益项目是一个强有力的招聘工具.
A number of top-flight firms told us that their pro bono program makes them very attractive to new lawyers, 包括那些有声望的职员. Law firms explained that bright, talented new lawyers are very interested in working on cutting-edge legal issues, or in having the chance to work directly with clients and appear in court early in their careers.
- A diverse pro bono program is a fertile training and skill-building ground.
We spoke with firms ranging in size from 25 lawyers to those with over 250 attorneys. All of them echoed that pro bono cases can help develop critical lawyering skills in newer attorneys. Several reported that their partners were actively involved in pro bono legal work in part to maintain their courtroom skills, as the larger civil matters they handled for paying clients brought them into court with far less frequency.
点击可用资源获取更多信息
Firms that are interested in learning more are encouraged to access the many resources available in the Washington, D.C. legal community. A good starting place may simply be a law firm with a healthy pro bono program. 地区靠谱的滚球平台事务所的公益合伙人和公益靠谱的滚球平台或协调员通常是获得项目和实质性信息的最佳资源, 并且非常愿意帮助和向他人学习.
寻求帮助来加强你的公益项目.
D.C. 酒吧 PART Program: Join over 100 law firms with organized pro bono programs at regular meetings, at which participants learn of emerging and critical pro bono needs, as well as exchange ideas for enhancing their own pro bono programs. PART项目很快将有一个关于probono的实践区.net/dc that will allow members to share firm policies, practices, and other information. 联系人:D.C. 酒吧公益中心,202-737-4700,分机. 293, or [email protected].
D.C. 酒吧 公益性服务 Initiative: Participating firms annually report pro bono performance to the DC 酒吧 on a confidential basis, and receive information in return that allows them to assess their pro bono performance with comparable firms in D.C. 联系:华盛顿靠谱的滚球平台协会公益项目,202-737-4700,分机. 293 or [email protected].
乔治城大学法律中心的公益研究所:PBI的靠谱的滚球平台事务所公益项目为至少有50名靠谱的滚球平台的靠谱的滚球平台事务所提供信息, 材料, 以及为公益项目提供咨询服务. More information is available at: probonoinst.org.
找到适合你公司的公益案件.
Probono.net/dc这个网站包括一个培训资料库, model pleadings and other 材料, postings of volunteer opportunities, 以及本区法律服务机构的说明. Current substantive areas are: Asylum, 就业, Civil Rights, 家庭法, Community Development, 住房, Death Penalty, and Public Benefits.
DCbar.org/pro-bono: D.C. 酒吧公益中心提供了一个目录, searchable by subject area, 提供无偿服务的地区法律服务提供商. Or contact staff of the D.C. 酒吧公益中心电话:202-737-4700,分机293,或 [email protected] for advice and assistance finding pro bono projects and partner organizations.