A Fresh Look at Pro Bono

Will pro bono turn out to be one of the most active practice areas in law firms in 2009?

In a perfect world, attorneys and firms would choose to make commitments to pro bono matters because it's the right thing to do, and it enables those who have to give to those who don't. Ours is not a perfect world and 2009 is certainly not a perfect year. But if we are looking for silver linings, pro bono seems ready made.

Professional Development

Law firms learned a long time ago that new lawyers need training and mentoring. Formal programs exist now in most large firms and include many programs devoted to hands-on skill development, including mock deposition and trial programs. However, before firms became employers of 500-1000 lawyers, new lawyers learned as apprentices by watching, listening and learning from their partner/mentors. Many professional development programs seek to replicate that experience. Pro bono practice can actually be that experience! Associates work under the supervision of partners interviewing clients, preparing cases and developing skills that commercial cases (and clients) don't allow them to do in their junior years.

Community service also can be a key component in helping us find balance in our professional life. For lawyers that often means donating legal skills to help others. No other law
practice allows attorneys to choose their clients, choose their causes or choose their time commitments. Don't have much time to devote to a large matter? Volunteer to work at a monthly intake session for a legal service provider. Want to use your writing skills? Sign up to prepare an amicus brief. Want to help a person change his life? There are hundreds of opportunities.

Getting involved in pro bono practice also allows your attorneys to be part of a larger community and can help them learn valuable networking skills. Networking is not a dirty word. We usually talk about networking as a means to developing business, but attorneys can network on behalf of the public interest organizations and legal service groups with whom they are working. In addition to the funding these groups need to support their staffs and programs, they also need volunteers to work with them in many other areas. Whether volunteer lawyers choose to work as members of an advisory board or go out and speak to community groups on behalf of the organization, they will be providing a valuable service to the legal service organization, and at the same time meeting other lawyers and business people who can become important colleagues in their professional future.

Internships and Fellowships

For firms with long-established pro bono programs, giving back to the community has involved donating more than time and money. Many of these firms have created internship programs for their attorneys to work with public interest groups and legal service providers. Some firms have established permanent positions at select legal service organizations and rotate associates every three months. Other firms have established relationships with public interest groups to host their associates for three to six month assignments where the associates devote themselves full-time to the pro bono work of the organization.

Two such programs stand out as good examples of how these firms have used an internship or fellowship model to enhance the professional development experience of their associates, while donating hundreds of hours of legal work to the sponsoring organizations. Both firms already had well-developed and active pro bono programs. Both firms have full-time pro bono counsel. While one firm's internship program is long established, the other firm's program is in its early years. I recently asked pro bono counsel at these two firms to talk about their internship programs and what they see as the key benefits to the associates and the firms.

Milbank's First-Year Internship

In 2008, 37 incoming first-year associates elected to participate in Milbank's first-year internship program. According to Joseph Genova, Milbank's pro bono partner, the program, now in its 20th year, gives new attorneys the opportunity to work directly and exclusively with a legal service provider for their first three months at the firm. The incoming associates must apply for the program in the spring preceding their start date. Once accepted into the program and placed with a provider, the associates can expect to spend virtually all of their time at the sponsoring organization. They have no responsibility for billable work but are expected to participate in first year orientation and training programs, allowing for a smooth reentry after completing their internship.

The firm has seen the professional development benefits of the program. The associates who participate in this program get more responsibility and autonomy than they normally could expect in typical first year assignments. They deal directly with clients, solve problems and, in appropriate circumstances, under student practice orders, even appear in court examining witnesses and arguing legal points, all before Christmas. For Mr. Genova, the program accelerates the associates' development both in terms of skills and in terms of confidence and presence. As a result, they are often better prepared for advanced assignments when they return to the firm full-time.

WilmerHale's Mid-Level Fellowships

The Pickering Fellowships were established in 2006 to honor one of the firm's founding partners, John H. Pickering. The fellowships are offered to six mid-level associates each year. Two associates are chosen from each of WilmerHale's Boston, New York and Washington, DC, offices and each associate works full-time at the organization for a period of six months. Christopher Herrling, the firm's pro bono counsel, said that the associates serve as good ambassadors for the firm and in turn can share their experiences when they return to the firm.

Linked Programs

A less common model of coordinating professional development and pro bono is to formally link them in one department. This might be difficult for very large firms, but the concept of combining the two programs can be an extremely effective way to assure that attorneys are working on matters that meet their goals for community service, give them the opportunities to work on cases that have special meaning for them, while assisting them in developing skills they need as they progress in their careers.

Conclusion

For eight years I led the professional development and pro bono programs at Howrey & Simon (now Howrey LLP), seeing first-hand how effective this combined model can be. New and valuable mentoring relationships evolved from these pro bono cases. Junior associates took on responsibilities they would not have assumed for several more years. All of them have benefited from their pro bono experiences and their experiences have benefited many, many individuals who sought their help.

Associates gain valuable skills while helping their pro bono clients, and use these skills throughout their careers. Isn't now the right time to take a new look at pro bono?

Libby S. Saypol is a consultant specializing in professional development and training for lawyers. She is also affiliated with Marina Sirras & Associates LLC, a legal search firm.

Will pro bono turn out to be one of the most active practice areas in law firms in 2009?

In a perfect world, attorneys and firms would choose to make commitments to pro bono matters because it's the right thing to do, and it enables those who have to give to those who don't. Ours is not a perfect world and 2009 is certainly not a perfect year. But if we are looking for silver linings, pro bono seems ready made.

Professional Development

Law firms learned a long time ago that new lawyers need training and mentoring. Formal programs exist now in most large firms and include many programs devoted to hands-on skill development, including mock deposition and trial programs. However, before firms became employers of 500-1000 lawyers, new lawyers learned as apprentices by watching, listening and learning from their partner/mentors. Many professional development programs seek to replicate that experience. Pro bono practice can actually be that experience! Associates work under the supervision of partners interviewing clients, preparing cases and developing skills that commercial cases (and clients) don't allow them to do in their junior years.

Community service also can be a key component in helping us find balance in our professional life. For lawyers that often means donating legal skills to help others. No other law
practice allows attorneys to choose their clients, choose their causes or choose their time commitments. Don't have much time to devote to a large matter? Volunteer to work at a monthly intake session for a legal service provider. Want to use your writing skills? Sign up to prepare an amicus brief. Want to help a person change his life? There are hundreds of opportunities.

Getting involved in pro bono practice also allows your attorneys to be part of a larger community and can help them learn valuable networking skills. Networking is not a dirty word. We usually talk about networking as a means to developing business, but attorneys can network on behalf of the public interest organizations and legal service groups with whom they are working. In addition to the funding these groups need to support their staffs and programs, they also need volunteers to work with them in many other areas. Whether volunteer lawyers choose to work as members of an advisory board or go out and speak to community groups on behalf of the organization, they will be providing a valuable service to the legal service organization, and at the same time meeting other lawyers and business people who can become important colleagues in their professional future.

Internships and Fellowships

For firms with long-established pro bono programs, giving back to the community has involved donating more than time and money. Many of these firms have created internship programs for their attorneys to work with public interest groups and legal service providers. Some firms have established permanent positions at select legal service organizations and rotate associates every three months. Other firms have established relationships with public interest groups to host their associates for three to six month assignments where the associates devote themselves full-time to the pro bono work of the organization.

Two such programs stand out as good examples of how these firms have used an internship or fellowship model to enhance the professional development experience of their associates, while donating hundreds of hours of legal work to the sponsoring organizations. Both firms already had well-developed and active pro bono programs. Both firms have full-time pro bono counsel. While one firm's internship program is long established, the other firm's program is in its early years. I recently asked pro bono counsel at these two firms to talk about their internship programs and what they see as the key benefits to the associates and the firms.

Milbank's First-Year Internship

In 2008, 37 incoming first-year associates elected to participate in Milbank's first-year internship program. According to Joseph Genova, Milbank's pro bono partner, the program, now in its 20th year, gives new attorneys the opportunity to work directly and exclusively with a legal service provider for their first three months at the firm. The incoming associates must apply for the program in the spring preceding their start date. Once accepted into the program and placed with a provider, the associates can expect to spend virtually all of their time at the sponsoring organization. They have no responsibility for billable work but are expected to participate in first year orientation and training programs, allowing for a smooth reentry after completing their internship.

The firm has seen the professional development benefits of the program. The associates who participate in this program get more responsibility and autonomy than they normally could expect in typical first year assignments. They deal directly with clients, solve problems and, in appropriate circumstances, under student practice orders, even appear in court examining witnesses and arguing legal points, all before Christmas. For Mr. Genova, the program accelerates the associates' development both in terms of skills and in terms of confidence and presence. As a result, they are often better prepared for advanced assignments when they return to the firm full-time.

WilmerHale's Mid-Level Fellowships

The Pickering Fellowships were established in 2006 to honor one of the firm's founding partners, John H. Pickering. The fellowships are offered to six mid-level associates each year. Two associates are chosen from each of WilmerHale's Boston, New York and Washington, DC, offices and each associate works full-time at the organization for a period of six months. Christopher Herrling, the firm's pro bono counsel, said that the associates serve as good ambassadors for the firm and in turn can share their experiences when they return to the firm.

Linked Programs

A less common model of coordinating professional development and pro bono is to formally link them in one department. This might be difficult for very large firms, but the concept of combining the two programs can be an extremely effective way to assure that attorneys are working on matters that meet their goals for community service, give them the opportunities to work on cases that have special meaning for them, while assisting them in developing skills they need as they progress in their careers.

Conclusion

For eight years I led the professional development and pro bono programs at Howrey & Simon (now Howrey LLP), seeing first-hand how effective this combined model can be. New and valuable mentoring relationships evolved from these pro bono cases. Junior associates took on responsibilities they would not have assumed for several more years. All of them have benefited from their pro bono experiences and their experiences have benefited many, many individuals who sought their help.

Associates gain valuable skills while helping their pro bono clients, and use these skills throughout their careers. Isn't now the right time to take a new look at pro bono?

Libby S. Saypol is a consultant specializing in professional development and training for lawyers. She is also affiliated with Marina Sirras & Associates LLC, a legal search firm.