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The Interlawyer
Vol. 16 - No. 3
July / August / September 2005
 
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Doing Well by Doing Good:
Interlawyer Pro Bono



by Beverly L. Weise
Executive Director

 Global businesses are increasingly adopting a culture of social responsibility. More and more corporate resources are being spent on improving the environment, education, mitigating poverty, providing disaster relief and other causes for the public good. And corporations are not alone. Law firms, too, are increasingly contributing direct financial aid as well as providing pro bono assistance and volunteering legal services to community, non profit, and non-governmental organizations that work for worthy causes.

Interlaw is currently conducting a survey to determine just how prevalent pro bono activities are among our members and ascertain the “culture of giving” within each respective firm and region. We also asked members their interest in, and ideas about, creating a Pro Bono Initiative within Interlaw.

As The Interlawyer goes to press, we have received enough completed surveys to provide an excellent snapshot of how pro bono work is viewed and practiced in different parts of the world. Our findings are both surprising and encouraging. We are learning that a substantial number of our firms engage in pro bono activities and modesty aside, many have been cited for their contributions to the public good.

Regional Perspectives: North America
Members report that pro bono work is a common cultural norm, particularly in Canada and the U.S. and is generally “encouraged” or “strongly encouraged” within their respective firms. While the majority of respondents have formal pro bono policies in place, most firms do not track hours attorneys spend on pro bono. Neal, Gerber & Eisenberg LLP (Chicago), one of the only firms that does track hours, reports a whopping 3,000 hours of pro bono work annually, equivalent to a $1,000,000 contribution in free legal work. New York’s Kronish Lieb Weiner & Hellman LLP counts time devoted to pro bono work toward a lawyer’s billable hours. Foster Pepper (Washington; Oregon) has a written pro bono policy, and a standing committee that helps coordinate pro bono projects, developing meaningful opportunities for community assistance.

Europe/Middle East/Africa (EMA)
Pro bono activities are actively encouraged in some EMA countries (U.K. Latvia, Finland and South Africa), neutrally viewed in other countries (Italy, Spain, Sweden, Israel and Germany), and mandatory in others (France and Austria). In Germany and Sweden, pro bono activities are not customary among law firms because of high taxes and social contributions by the State, making charitable contributions or pro bono services much less common—or necessary—than in other parts of the world. European firms are more likely to track pro bono hours than in other regions. Of those hours tracked and reported, the range is from 400 hours, (M. Firon – Israel) and (Waselius & Wist – Finland), to 1,000 hours (e|n|w|c – Austria, Czech Republic, and Hungary). At SJ Berwin LLP (England), pro bono work falls under the firm’s Corporate Social Responsibility program which encourages attorneys and staff to contribute to the life of the local and wider community. In South Africa, Brink, Cohen LeRoux handles public profile cases on an ad hoc basis, volunteering lawyer time and expertise to provide legal education and mentoring to lawyers who were previously disadvantaged South Africans. In Spain, Gomez-Acebo & Pombo advises non profit organizations. In the future, the firm plans to focus efforts on providing not only legal support but also non-legal volunteer work such as coaching immigrants in job search techniques.

Latin America
The concept of pro bono work is not commonly promoted in most Latin American countries except in Argentina where this contribution is mandatory. Nevertheless, within Interlaw member firms, pro bono work is highly encouraged, with most efforts focusing on “children and youth,” economic development, and education. In Bolivia, Moreno Baldivieso attorneys volunteer their time on civil and criminal matters, while in Central America, F.A. Arias & Muñoz provides pro bono assistance in the areas of health, notaries services, education, corporate, civil, and family law. The firm also cooperates with international organizations that report on economic development by providing information and analysis on legal issues in Central American countries. José Luis Letelier of Cariola, Diez Pérez-Cotapos & Cía. Ltda. is the founding president of the Pro Bono Commission of the Chilean Bar, with which he then forged an alliance with the Pro Bono Foundation of Chile.

Asia Pacific
The AP regional norms range from mandatory requirements in Australia and Korea, to a more neutral position in most of the other countries. Most Interlaw Asia Pacific firms encourage their attorneys to do pro bono work, assisting organizations across a broad range of areas of public need. Lee & Ko (Korea), spends 1,600 hours annually on pro bono activities. In the Philippines, Quasha, Ancheta, Peña and Nolasco consults with, and acts as counsel for, indigent residents of Makati City in Manila, with cases currently pending before the Makati Courts. In New Zealand, Fortune Manning provides general assistance to trusts and charities. In Australia, the various offices of Hunt & Hunt provide pro bono assistance for their own communities: Brisbane provides advice on domestic issues (family and neighborhood issues), advice to community, charitable and religious organizations, and Interlawyers often lecture in high schools and university law schools. In Darwin, attorneys do plaintiff pro bono work, often related to matters of public interest —“debt to society” kinds of matters. Additionally, they sometimes provide legal assistance to individuals who have no other means or access to legal expertise.

Promotion of Pro Bono Activities
For many Interlawyers, giving generously of their time goes unrecognized publicly because it is outside the cultural norms of the country to promote one’s pro bono activities. This is particularly true in France, Austria, Germany, Thailand, Chile, Bolivia, and Puerto Rico. In Italy, promoting a firm’s pro bono activities is not only culturally unacceptable—it is illegal. Where there are no cultural prohibitions, firms often will describe their pro bono activities in their marketing materials, on their website, and occasionally through business or legal media.

Awards and Recognition
Many Interlaw firms throughout the world have been recognized for their pro bono efforts:

• In Bolivia the Papal Nuncio (The Vatican’s Representative), recognized Moreno Baldivieso for a criminal case worked on in 2000;

• Chief Executive Linda Urquhart of Morton Fraser LLP (Scotland) accepted the “Supporter of the Year” award by the Prince’s Trust Scotland. In addition to the on-going pro bono advice provided to the Trust, the firm also raised £30,000 for the charity in 2004, in honor of Morton Fraser’s 175th anniversary;

Hunt & Hunt’s Brisbane office was recognized for pro bono work undertaken through Queensland Public Interest Law Clearing House in 2005;

• Kwang-Joong Kwon, Esq., managing partner of Korean firm, Lee & Ko, received the 2005 Award for “Outstanding Pro Bono Work” by the Korean Bar Association;

• In 2004, a local Riga, Latvian authority, together with the responsible NGO, recognized Loze & Partners for support of a project which helped homeless children living on the streets;

• Numerous awards for public service have been given to attorneys at Neal, Gerber & Eisenberg LLP (Chicago) since the firm’s inception in 1986 for contributions to various community organizations, including The Little City Foundation, The American Jewish Committee and the Cook County Bar Association;

• The Young Solicitors Group of the Toynbee Hall Debt Clinic named the SJ Berwin LLP (London) Toynbee Hall pro bono team the “2003 Pro Bono Team of the Year”;

Quasha, Ancheta, Peña and Nolasco (Philippines) received an award from 2003–2005 from the Integrated Bar of the Philippines for volunteer work with the Legal Aid Program;

Rodriquez & Mendoza (Venezuela) was recognized by the Board of Directors of the United Way for legal assistance, and in 2003, the firm was honored for its voluntary legal work by the Chambers of Industry and Commerce;

• The B’nai B’rith New England Realty Unit and B’nai B’rith Housing New England announce the selection of Goulston & Storrs (Boston) attorney Daniel D. Sullivan as the honoree of its 2005 Distinguished Achievement Award. Mr. Sullivan has represented B'nai B'rith for over twenty-four years, including but not limited to the original permitting and financing of the three Covenant House properties. "He is a tremendous resource," said B’nai B’rith Housing New England Executive Director, Susan Gittelman, "and a true partner in helping our organization fulfill its mission."

• Anne Hlavacka of Reinhart, Boerner, Van Deuren S.C. (Wisconsin) received an award from the local Business Journal for her outstanding work in the area of mentoring.

• Carlos Rodríguez-Vidal and Luís F. Antonetti from Goldman Antonetti & Córdova, P.S.C. were recognized by the Puerto Rico Bar Association and by the Downs Syndrome Association.

An Interlaw Pro Bono Initiative
Most members prefer a prospective Interlaw pro bono initiative to focus on support of organizations at the local level rather than choosing one common global organization. Since many opportunities to perform pro bono work are provided by local bar associations, legal aid societies, law foundations, or the business community, there doesn’t appear to be a need to identify pro bono opportunities for most firms. Although many areas in which an organization could provide pro bono assistance were mentioned, members overwhelming preferred to focus possible Interlaw pro bono efforts in the areas of “Children & Youth” and “Education.” Such an initiative would need to address concerns such as getting “the troops” in the firm to support a formal Interlaw pro bono initiative, integrating it into their current pro bono activities, and deciding on the appropriate number of hours that might be required. Nevertheless, many firms saw this as an opportunity to make a contribution to their own developing countries and local communities. Where appropriate, pro bono activities were seen as a platform for visibility, branding, and business development introductions as well. Overall, the Latin American region was most enthusiastic about an Interlaw pro bono initiative.

Based on member input from this survey, the Secretariat is encouraged to quantify and discreetly promote the current commitment that firms devote to pro bono activity, report the variances in the cultural attitudes of volunteering legal services across the globe, and introduce discussions of an Interlaw Pro Bono Initiative at the Annual Global Meeting in Mexico City in October. We hope to have a proposed pro bono initiative by the next publication of The Interlawyer.

 

 

 
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