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Pro Bono

BY Edward Poll
November 23, 2010

Every legal practice needs to understand “The Business of Law',” but this cannot be separated from being sensitive to human needs. That is particularly true for the concept of pro bono publico (“for the public good”), where lawyers voluntarily contribute their time without charge or at substantially reduced rates, to persons and groups that otherwise could not afford legal counsel. Rule of Professional Conduct 6.1 states clearly: “Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year.”

Nearly 15 years ago the ABA and the Pro Bono Institute launched the “Law Firm Pro Bono Challenge” for larger firms with more than 50 lawyers to make an institutional, rather than an individual lawyer, pro bono commitment. It offers a progressive and ambitious standard: a target of either 5% or 3% of each firm's total billable hours, in addition to the hours-per-attorney standard commonly used in articulating pro bono goals. (While firms do have the option to select an alternative goal of 100 or 60 hours per attorney, virtually all signatory firms have elected to use the preferred percentage goals).

By promoting a percentage goal, the Challenge ties pro bono activity to firm productivity and profitability. This is an important consideration. The simple fact is that no lawyer or law firm can be expected to fulfill a broader social purpose of serving the public unless there is a business foundation for fulfilling that purpose. Individual lawyers and firms alike cannot ignore the financial and operational dimensions of what pro bono activities require. This should not make pro bono an afterthought or sideline. Instead, it means that pro bono should be an integral part of every aspect of what any size firm does. Here are some key considerations.

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