Deciding to implement a formal pro bono programme in your team or firm is one of the best decisions you can make – but there are several challenges that frequently present themselves when starting out. Here are some simple ground rules to follow that will make the process smoother.
- Start out right
- Build it gradually
- Review, revise and adapt
Start out right
Ensure buy-in. The first step is to ensure you have buy-in for a pro bono programme. Annette Bain’s excellent article here sets out the business case for law firms doing pro bono work – this is a good starting point for discussions if there are any voices saying that lawyer time should be solely fee-earning or core business-related time.
Set expectations. Second, put in place guidelines outlining the pro bono programme, with the adoption of a clear definition of pro bono work, guidance on the type of matters that will be undertaken and for which clients, the way in which time will be recorded and recognised, and any minimum or maximum goals for the team. It can be tempting to dive in without wasting time on guidelines, however it will be worth it in the end. In addition, having this written down can be comforting for those who may not yet be bought into the idea of a pro bono programme.
Get the basics right. Third, it is crucial to put a robust structure in place. This will instil confidence and ensure that the pro bono programme is of a high standard with the same high quality service being provided to pro bono clients as it is to any other clients. Consider appointing one or more volunteers to be the programme coordinator. For in-house teams, check the regulatory restrictions on the type of assistance that can be provided (see here). For private practice firms, there is no reason why the structure for pro bono matters should be any different from the structure for fee earning matters (apart from the fact that no bill is issued at the end). Considerations such as client onboarding procedures, conflict checks, engagement letters with defined scopes of work, appropriate teams with the correct skill sets and suitable supervision, and proper matter management processes, are all important.
Build it gradually
Be realistic. Once you have buy-in and laid the foundation for a structured programme, it is time to build it out. The key word here is gradually. Too often lawyers jump in and start large projects with enthusiasm, only to see that enthusiasm wane when it’s revealed that the project isn’t quite the right fit for the skill set, or the scope of work wasn’t mutually understood, or the team wasn’t properly constituted to allow for distribution of the work, or fixed timelines become unattainable due to competing priorities in the office. It is best to start small to avoid being overwhelmed.
Find what’s right. How do you find the right projects? This could be the topic of a separate article, but to keep it short, there are many ways to source pro bono work. Check in with the Bar Association or the Law Society which both facilitate various ways in which to provide free legal services to the public. Hong Kong universities run public interest law clinics that benefit from the support of lawyers. A number of clearinghouses operate in Asia – these organisations do preliminary screening of pro bono matters and match up pro bono lawyers with non-profits looking for assistance. Ask around the office, because often lawyers already have connections to non-profit organisations or are already knowledgeable about a social justice topic through their own personal interest and it can be these homegrown connections that can be the most powerful. Get out into the community and speak to non-profits – build up relationships, find out what challenges are being faced, think about how legal assistance or education could address these challenges and develop your own projects (note this option takes time and patience!). Whatever you do, ensure the underlying issues are properly understood and the project is thoughtfully designed to truly provide benefit.
Review, revise and adapt
Constantly evolve. There isn’t a ‘right’ way to implement a pro bono programme. So it’s crucial to continually check in to see what is and isn’t working. Often, taking on a variety of pro bono work for the team is the best thing to do because, although lawyers universally find pro bono work fulfilling, the type of engagement that each person enjoys the most varies widely. Some prefer to have direct contact with beneficiaries – setting aside a block of time to provide face-to-face (or virtual) assistance. Some prefer to do flexible, desk-based research work in between other tasks. Some prefer to use the expertise they already have from their work – for example a corporate lawyer assisting with contract reviews and governance arrangements. Some prefer to use their skills in a completely different realm from their typical work – for example a family lawyer using legal research skills to investigate policies affecting street sleepers (note that in these cases training on specialist topics is needed). By continually finding different ways for people to engage, you can see what the team enjoys the most and adapt accordingly.
Seek feedback. As with any programme that’s implemented, best practice is to constantly seek feedback – from not only the lawyers but the clients too. Questions to investigate with lawyers are how convenient it was to engage, what additional support would have been helpful, and of course how impactful they felt their experience was (both for the client but also for themselves – sharing stories of the impact that volunteering had on volunteers is one of the best ways to encourage other volunteers to get involved). Questions to investigate with clients should be very similar to the feedback you should be seeking on non-pro bono matters, such as the quality of the service, satisfaction levels, but also of course, the impact that the assistance has had.
Join the community
Now you’re on your way. And you’re not alone! Join the community of pro bono enthusiasts in your region. The most effective way to empower the pro bono community to make the most impact is to share experience and expertise. Many jurisdictions in Asia have pro bono roundtables and there are multiple inspiring pro bono conferences every year. Getting involved in the community is a wonderful way to ensure we are all working together to improve the lives of those around us who are not otherwise able to access legal assistance.
For further information, please contact:
Penny Barsha, Corporate Responsibility Manager – Asia, Linklaters
penny.barsha@linklaters.com
