The Case for Law Firm Involvement in Pro Bono
The Case For Law Firm Involvement In Pro Bono
The case for involvement of individual lawyers in providing pro bono legal services is usually based on the ethical underpinnings of pro bono – a lawyer’s professional duty to assist access to justice for those who wouldn’t otherwise obtain legal services.
A survey of 887 individual Australian practitioners by the National Pro Bono Resource Centre in 2007 indicated that 94% of lawyers agreed that lawyers should do pro bono legal work and the main reasons for this were “to help people who are socially disadvantaged or marginalised ‘ (90%) and ‘out of sense of professional responsibility’ (85%).
For some, it is a sufficient case for a law firm to become involved to support its lawyer’s aspirations in this regard. “Many firms are motivated to support the community because of loyalty and a respectful empathy”.[1]However, some ask, “what is the business case for this involvement?”
No hard research has been done in Australia but cost/benefit analyses have been conducted by firms and the reasons below draw on this work and the long US experience[2].
On the cost side it is suggested that a lawyer’s time might otherwise have generated profits for the firm[3]. This argument is refuted in two ways:
- Additional hours spent on pro bono are not hours that would have been spent on billable work. Many law firm insiders suggest that many lawyers who provide pro bono services also have high billable hours[4]. Pro bono work can take up spare capacity and provides lawyers with a more diverse practice.
- The second argument is that the costs of doing pro bono work are marginal not fixed costs. Law firms do not typically reject work for reasons of lack of resources. If demand exceeds capacity, it will take on additional lawyers. While there may be occasional ‘crunch’ periods where pro bono work will need to be turned away, this is not the norm.
The benefits of being involved are said to be:
Recruitment
In a competitive environment for the best lawyers, pro bono is increasingly an important feature in firm’s distinguishing themselves. This is so particularly for the best graduates of the current generation who are looking for quality of life, effective mentoring and a diverse experience that includesinteresting pro bono opportunities.
Retention
Mobility of lawyers in employment has become a modern phenomenon. A strong pro bono culture can contribute greatly to a sense of a firm as a unique place where its lawyers are supported in doing work that gives back to their community. Creating this culture strengthens morale amongst staff and creates a place where lawyers want to stay, not move on. These firms have higher retention rates and save costs accordingly.
Professional Development
Pro bono matters can provide excellent and inexpensive training opportunities. Client relations, interviewing, negotiation and advocacy skills are just some of the skills that can be gained. Pro bono work offers the opportunity for a lawyer to exercise skills and judgement far more independently and at an earlier stage than comparable work for commercial clients. Supervision from a committed partner can provide a unique opportunity for evaluation and mentoring of a junior member of the team.
Professionalism
Pro bono empowers firms by enabling their lawyers to be both business people and professionals. ‘A key difference between law as a business and law as a profession is the obligation of lawyers to undertake legal work for the less fortunate at no cost to them’[5]
Client Perceptions
As corporate and government clients increasingly focus on the importance of ethical behaviour and corporate social responsibility, firms that demonstrate their commitment -through pro bono work-distinguish themselves from their peers.
Marketing
Pro bono related publicity is less likely to be seen as self-serving. This publicity is viewed as inherently more credible than paid advertisements. Cases with great human interest can provide extensive media coverage not otherwise likely. Pro bono work can create a strong connection to a local community and good deeds can be an important business generation tool.
“An analysis of the benefits of pro bono in the law firm context reinforces the argument that pro bono is not only right, it is, indeed, good for business.”[6]
National Pro Bono Resource Centre
[1] Peter Seidel, Public Interest Partner, Arnold Bloch Leibler, ‘Public Interest or Public Relations’, Lawyers Weekly, 2 April 2004, p. 10
[2] Esther F Lardent, ‘Making the Business Case for Pro Bono’ Pro Bono Institute 2000 and Thomas Gottschalk, “Pro Bono Service: Good for Business/Good for the Profession” at 2005 ABA Annual Meeting, ‘Rainmaking through Pro Bono’.
[3] Jack Londen, “The Economics of Pro Bono Work” 15 Law Firm Pro Bono Challenge Signatories Update 1 (1997) and Freehills “Why do Pro Bono? (November 2003)
[4] James L Baillie, ‘Pro bono defined: It helps the botom line – really’ [Jan/Feb 1997] Business Law Today p. 50.
[5] The Hon. Murray Gleeson, then Chief Justice of the High Court of Australia, endorsing the comment of Sandra Day O’Connor of the US Supreme Court (2005).
[6] Esther F Lardent, above n. 1