Developing a pro bono policy for your law firm makes good business sense and promotes a shared understanding of the firm’s process and commitment to public interest law. This paper, aimed at all law firms, describes the key elements of a pro bono policy, offers sample policy clauses, and provides information on what other firms are doing.
Lawyers working as corporate counsel, in the public sector, or in an academic setting can use this material to encourage the refinement or development of a pro bono policy in the workplace. Many elements of the sample policy will be the same regardless of the work environment, although there may be some differences with respect to, for example, the use of company or government resources and equipment.
The CBA’s Pro Bono Standing Committee has developed this document in the hopes that law firms and other employers of legal counsel will use it to review their approach to pro bono work and to revise or create a successful pro bono policy.
A. State the firm’s pro bono vision
Key question to address in the policy:
What is the firm’s pro bono commitment?
Background information:
- Some law firms expect all lawyers to be involved in community legal service. Other law firms look to the firm’s overall pro bono contribution during the year and ensure that it meets their pro bono objectives.
- A resolution of the Canadian Bar Association calls for each member of the legal profession to strive to contribute 50 hours per year, or 3 % of billings, to pro bono legal services.
- Law firm policies sometimes have a mission statement, which explains why the firm supports and promotes pro bono work
Sample clause:
[Firm name] recognizes the difficulties some members of our society have in accessing the justice system to address their legal problems. As lawyers, we are in a unique position to assist them. Our firm supports pro bono work and will strive to offer 50 hours of pro bono service to the community per year for each lawyer here. [… (or) … will strive to offer a total of 3 % of our billings per year in pro bono services.]
B. Identify potential recipients of pro bono services
Key question to address in the policy:
Who is eligible to receive pro bono services from the firm?
Background information:
- Pro bono policies can be general or can identify the types of clients or cases on which the firm wants to focus its pro bono assistance. The policy can say, for example, that the firm’s pro bono services are intended for:
- the working poor who are ineligible for legal aid but for whom paying for the services of a lawyer is financially impossible
- a specific population in the community, for instance, seniors, people with disabilities, people who have HIV/AIDS, students, inmates in penitentiaries, etc.
- certain types of legal problems, such as Charter challenges, class action suits, or court cases relating to administrative law matters
- defined areas of legal practice. For instance, in some U.S. states, government lawyers are encouraged to do community legal service work in areas that are far removed from the operations of government (i.e., wills and estates, uncontested divorces, powers of attorney, veterans benefits and personal bankruptcy).
- A pro bono policy can suggest that lawyers take on pro bono cases to expand their field of expertise or to build skills. For example, lawyers who rarely meet and work with clients might be encouraged to take on a few pro bono cases in areas that involve interaction with clients.
- Firms can try to balance the pro bono work taken on by their lawyers, so that over the course of a year each lawyer takes on a mix of litigation cases and solicitor files, and both large and small cases.
Sample clause:
We encourage lawyers to take on pro bono clients in any area in which there is need and in which the lawyer has expertise or seeks to enhance skills and training. Our firm is particularly interested in offering pro bono services to people of limited means who do not qualify for legal aid services. We will also … [for example: … provide pro bono assistance to community groups working with people who are disadvantaged in our community … provide pro bono assistance to charitable organizations to pursue their objectives, when paying standard legal fees would not be possible within their budgets … support test cases that challenge legal aid eligibility and coverage criteria].
C. Set out the process for taking a pro bono case
Key question to address in the policy:
What steps does a lawyer have to follow before beginning work on a pro bono file?
Background information:
- As with any other new work a lawyer takes on, the firm needs to ensure that the pro bono case would not present a conflict with work being done for current clients.
- Firms usually have some system for approving pro bono work before it begins. For example, a firm could:
- name one lawyer as the Pro Bono Coordinator to whom pro bono requests are made; or
- require a lawyer to make a presentation to the firm’s Litigation Manager or Management Committee to receive approval for the work.
- It is good policy to require the identification of pro bono cases before work begins. A case should not be classified as pro bono after the fact, if a client turns out to be unable to pay for legal services received.
Sample clause:
Before beginning work on a pro bono matter, the lawyer must follow the firm’s process for identifying client conflicts and must ask for approval to take on the client from … [the Pro bono Coordinator … the Litigation Manager … Management Committee].
D. Establish the duty to a client receiving pro bono services
Key question to address in the policy:
What is the lawyer’s (and the firm’s) responsibility to a pro bono client?
Background information:
- Pro bono clients deserve the same level and quality of service that the firm would offer a paying client.
- Pro bono clients instruct counsel in the same way a paying client would.
- Pro bono clients are entitled to the same solicitor/client privilege and enjoy the same respect for confidentiality as a paying client.
- Some firms do not expect pro bono clients to pay any fees or disbursements. Instead, funds are set aside to cover disbursements. Other firms do not pay disbursements for pro bono clients and work with partners in the community to cover these costs. Some firms provide pro bono services at substantially reduced or minimal rates and therefore expect clients, or supporting community agencies, to contribute to the costs of service.
- A retainer letter should set out the details of the lawyer/client relationship: the work the lawyer will do for thepro bono client; the number of hours the lawyer anticipates the work will take; expectations regarding the client’s contribution to the work, and; a statement of who is responsible for paying disbursements.
Sample clause:
Our firm promises our pro bono clients the same quality of service that we endeavour to provide to every client. We will set out our commitment to a pro bono client in a retainer letter. We do not expect to be paid any fees for legal services on a pro bonofile. However, the client is responsible for disbursements, unless we agree to otherwise in writing. We will try to help with these costs by seeking ways to have disbursements covered through community or law firm contributions.
E. Describe how pro bono cases will be managed in the firm’s administrative systems
Key question to address in the policy:
What procedures will be followed for tracking a pro bono case in the firm’s accounting, filing, and other administrative systems?
Background information:
- It is the best practice to track and handle a pro bono case in the same way you would any other case. This includes assigning the case a file number, recording time spent on the file, and charging disbursements and other expenses to the file. Pro bono work, however, would not be included in billable time logs as it will not be converted into an account receivable.
Sample clause:
All pro bono work must be logged into the firm’s administrative systems and tracked following the same procedures used on any other client file, with the exception of accounts receivable.
F. Determine the allowable use of the firm’s resources for pro bono work
Key question to address in the policy:
What are the acceptable uses of the firm’s resources for pro bono work?
Background information:
- A pro bono policy can identify which of the firm’s resources are freely available for pro bono work (i.e. library and on-line reference services), and which resources are not (i.e. long distance phone service).
- Pro bono policies may consider how these services will be provided to a pro bono case:
- staff time: secretarial, paralegal, research
- equipment time: use of computers, photocopiers, fax machines, scanners
- other resources: meeting rooms, office supplies, Internet
- Pro bono policies for public service employees need to mesh with government policies prohibiting the use of government offices, personnel, equipment and supplies for non-government purposes. In the U.S., state pro bono policies allow a de minimis (minimal) use of government resources for pro bono work but do not, for example, allow the photocopying of multi-page court documents or the use of secretarial time.
Sample clause:
Our firm’s resources are all available to a lawyer working on a pro bono case. However, the lawyer is expected to discuss costs and implications with the [ … Pro Bono Coordinator … Managing Partner … firm administrator] when the draw on secretarial time, long distance costs, and photocopying charges are likely to exceed a minimal level.
G. Explain how the firm will measure a lawyer’s pro bono contribution
Key question to address in the policy:
What impact will taking a pro bono case have on a lawyer’s evaluation, billable hours, remuneration, and opportunities for advancement?
Background information:
- Obviously, this is where a firm’s real commitment to pro bono legal services becomes clear. A firm that truly appreciates the value of pro bono work to the lawyer, the law firm, and the community will make sure that a lawyer is rewarded, and never penalized, for taking on pro bono cases.
- One firm’s policy states that pro bono work will affect the lawyer’s compensation "in the same manner as paid work". Another firm recognizes "the legal service contributions of partners and associates by counting toward our billable-hour goals or requirements all or a reasonable portion of time spent in providing pro bono services."
Sample clause:
We recognize the value of pro bono work to our lawyers, our firm, and our community. Lawyers will not be penalized for taking on pro bono cases according to this policy. Hours spent on pro bono files will be included in the lawyer’s hourly contribution to the firm and will be valued in the compensation process. Lawyers will be favourably evaluated on their willingness to take on pro bono activities and doing so will enhance their opportunities for promotion.
H. Define links to pro bono programs and community organizations
Key question for the policy to address:
How will the firm connect with appropriate recipients of pro bono services?
Background information:
- In some provinces, organizations have been established to connect lawyers willing to provide pro bono legal services to clients who need the service. The mandates of Pro Bono Law BC and Pro Bono Law Ontario are similar, and include promoting access to justice by creating opportunities for lawyers to provide pro bono legal services to people of limited means.
- In other parts of the country, non-profit organizations offer legal information services to members of the public, recruiting lawyers to take a regular turn at the clinic. These clinics may focus on family, immigration, landlord/tenant or youth justice issues, etc.
- To actualize a pro bono policy, a law firm can seek connections in the community, building relationships with community service groups and non-profit organizations and identifying how best to be of service.
Sample clause:
Lawyers are welcome to bring pro bono clients to the firm. We will also, as a firm, seek out and maintain connections with appropriate organizations in the community, explaining our pro bono policy and inviting a limited number of requests for pro bonoservices.
I. Explain how the firm will evaluate and report on pro bono contributions
Key question to address in the policy:
How will the firm track and acknowledge pro bono work?
Background information:
- The status of the firm’s pro bono cases can be an agenda item for its regular business meetings.
- Across the country, there are awards and recognition for community volunteers and lawyers who have made a significant contribution doing pro bono work. For example, the CBA’s Young Lawyers’ Conference recognizes a new lawyer’s exemplary contribution through the annual Young Lawyers’ Pro Bono Award. The CBA’s British Columbia branch offers an annual award to recognize a member’s outstanding contribution in the area of pro bono. Pro Bono Law BC has a regular Pro Bono recognition feature on its Web site, and Pro Bono Law Ontario hosts an annual awards dinner.
Sample clause:
We will review the status of pro bono files at our business meetings on a quarterly basis, and will acknowledge the pro bono contributions of individual lawyers in corporate communications and outside the law firm, as appropriate. Once a year, we will host an event to celebrate the pro bono efforts of members of our firm.
Sample pro bono policy
State the firm’s pro bono vision
A. [Firm name] recognizes the difficulties some members of our society have in accessing the justice system to address their legal problems. As lawyers, we are in a unique position to assist them. Our firm supports pro bono work and will strive to offer 50 hours of pro bono service to the community per year for each lawyer here. [… (or) … will strive to offer a total of 3 % of our billings per year in pro bonoservices.]
Identify potential recipients of pro bono services
B. We encourage lawyers to take on pro bono clients in any area in which there is need and in which the lawyer has expertise or seeks to enhance skills and training. Our firm is particularly interested in offering pro bono services to people of limited means who do not qualify for legal aid services. We will also … [for example: … provide pro bono assistance to community groups working with people who are disadvantaged in our community … provide pro bono assistance to charitable organizations to pursue their objectives, when paying standard legal fees would not be possible within their budgets … support test cases that challenge legal aid eligibility and coverage criteria].
Set out the process for taking a pro bono case
C. Before beginning work on a pro bono matter, the lawyer must follow the firm’s process for identifying client conflicts and must ask for approval to take on the client from … [the Pro bonoCoordinator … the Litigation Manager … Management Committee].
Establish the duty to a client receiving pro bono services
D. Our firm promises our pro bono clients the same quality of service that we endeavour to provide to every client. We will set out our commitment to a pro bono client in a retainer letter. We do not expect to be paid any fees for legal services on a pro bono file. However, the client is responsible for disbursements, unless we agree to otherwise in writing. We will try to help with these costs by seeking ways to have disbursements covered through community or law firm contributions.
Describe how pro bono cases will be managed in the firm’s administrative systems
E. All pro bono work must be logged into the firm’s administrative systems and tracked following the same procedures used on any other client file, with the exception of accounts receivable.
Determine the allowable use of the firm’s resources for pro bono work
F. Our firm’s resources are all available to a lawyer working on a pro bono case. However, the lawyer is expected to discuss costs and implications with the [ … Pro Bono Coordinator … Managing Partner … firm administrator] when the draw on secretarial time, long distance costs, and photocopying charges are likely to exceed a minimal level.
Explain how the firm will measure a lawyer’s pro bono contribution
G. We recognize the value of pro bono work to our lawyers, our firm, and our community. Lawyers will not be penalized for taking on pro bono cases according to this policy. Hours spent on pro bono files will be included in the lawyer’s hourly contribution to the firm and will be valued in the compensation process. Lawyers will be favourably evaluated on their willingness to take on pro bono activities and doing so will enhance their opportunities for promotion.
Define links to pro bono programs and community organizations
H. Lawyers are welcome to bring pro bono clients to the firm. We will also, as a firm, seek out and maintain connections with appropriate organizations in the community, explaining our pro bono policy and inviting a limited number of requests for pro bono services.
Explain how the firm will evaluate and report on pro bono contributions
I. We will review the status of pro bono files at our business meetings on a quarterly basis, and will acknowledge the pro bono contributions of individual lawyers in corporate communications and outside the law firm, as appropriate. Once a year, we will host an event to celebrate the pro bono efforts of members of our firm.
Do you know how to connect with suitable pro bono clients?
There are organizations across Canada with programs aimed at bringing lawyers and pro bono clients together. For more information, visit the following Web sites: