Pro Bono Coordinators Workshop 2003

Topics to be discussed: I. RECRUITING VOLUNTEERS II. POLICIES and PROCEDURES FOR VOLUNTEER III. RETAINING VOLUNTEERS

ABA records show remarkable growth in pro bono programs In 1980, there were 88 pro bono programs. By 1985, there were over 500. By 1990, there were 900.

But American Lawyer reports a decline in pro bono hours: In 1992, the average lawyer put in 56 hours of pro bono work. In 1999, it was 40 hours. In 2000, it was 39 hours.

Recruiting Recruiting is an ongoing process. Effective strategies in this process will lead to a successful recruiting plan.

Recruiting Volunteers Know your audience Define your message Provide incentives and support Get the word out Be ready

1) KNOW YOUR AUDIENCE When you are familiar with your audience, you can better create a message that your audience will respond to.

Why Pro Bono? It provides personal rewards. In a hectic, stressful world, helping a charitable organization fulfill its mission to help people without money is a wonderful thing. Here is a place where gratitude, respect, satisfaction and friendship flourish. Here is where we can give of ourselves and make the world a better place.

Why Volunteer?

We Made a Promise Texas Lawyer’s Creed: “I commit myself to an adequate and effective pro bono program.”

State Bar Resolution: “Each Texas attorney should aspire to render at least 50 hours of legal services to the poor every year.”

In determining your target audience, ask:  In what areas of law do the local lawyers practice?  How large are the local law firms (solo, mid-size, national)?  What are the lawyer’s constraints upon volunteering – limited time, lack of substantive knowledge, lack of opportunity?  Does the firm give credit towards billable hours?

TX Firms: do hours count toward billable hours? And, 2002 Pro Bono hours per lawyer Akin GumpYes36.68 Baker BottsYes19.12 Fulbright & JaworskiYes31.29 Haynes & BooneNo23.08 Locke Liddell & SappNo18.63 Thompson & KnightUp to Vinson & ElkinsYes40.86

Target new recruits! Be careful that you don’t unintentionally focus on an audience of already-committed volunteers. Few attorneys have the resources to commit a significant number of hours.

2) Define your Message The message should state a compelling cause Avoid using generalized goals like “giving aid to the poor” Be specific, like “enforcing rights of children” or “rectifying discrimination”

The message should include: The need that the volunteer will fulfill How participating will benefit the community Also, the message should alleviate any concerns of the volunteers, such as practicing in an unfamiliar area.

Lawyers Improving Lives

Lawyers Using Their Expertise

Lawyers Give Hope to Others Many opportunities to volunteer exist in our community, but this is the one position that only you can fill. No one else has the experience and knowledge to help small nonprofits with their legal problems.

For specific legal matters, the message should include: Information about the client The type of legal matter to alleviate concerns of practicing in unfamiliar area The timeframe or deadlines involved Conflicts information A person and telephone number to contact

3) Incentives and Support When recruiting, don’t forget to give your volunteers incentives to be involved Also, recruiting is more likely to be successful when volunteers know they will have support

Examples of Incentives Client contact Networking with other lawyers and corporations Feeling of involvement in the community Pro Bono College Trial experience CLE credit for mentoring legal services attorneys Recognition and visibility in the community

10 more reasons to be a Volunteer! Get re-energized Understand different cultures Be an agent of change Make new friends Show you care Be part of the solution Get to know a community Inspire your peers Be a leader Develop new skills

Examples of Support Malpractice Insurance Coverage Training materials Staff Assistance Sample Documents Web Resources Attorney Mentors Screening of Clients

4) Get the Word Out A good recruiting program involves a combination of techniques: –Ongoing publicity –Targeted campaigns

Typical techniques: General mailing to the legal community Targeted mailings to specific groups (ie, newly admitted lawyers,bar leaders) In person presentations Volunteer opportunities on the program’s website Luncheons for law firm coordinators or managing partners Follow up with previous participants

Other techniques: Telephone calls from judges or respected lawyers Free admission to a CLE in exchange for volunteering Write an article for the local bar association’s monthly publication Get advertising space donated and put up a sign

5) Be ready! When you are contacted by a prospective volunteer, be ready to place them into the program You don’t want to create the impression that volunteers aren’t needed!

Part 2: Issues to Address in the Policies and Procedures for Volunteers

ABA Standards state: “A written agreement between the client and the volunteer, the client and the program, and the program and the volunteer is an effective means of providing a clear statement of the scope of the relationship and the obligations and expectations of each party.”

Important Issues… (1) LEGAL COMPETENCE All clients are entitled to a competent attorney, regardless of whether or not they pay for services

The competence requirement can be met by: Prior experience Association with another lawyer (or a pro bono organization) competent in handling the matter Specialized training

A provision in the contract… A provision may provide that “if counsel does not feel comfortable with the representation, counsel may refer the matter back to the coordinator.”

(2) Conflicts of interest Attorneys need to make sure that representation does not conflict with interests of an existing client Conflicts may preclude an ethical representation

(3) Confidentiality The Model Rules provide that lawyers may not knowingly reveal confidential information of a client. Pro bono clients are entitled to the same ethical obligations as the lawyer’s paying clients.

(4) Availability of Malpractice Coverage Although malpractice claims are rare, all organized pro bono programs should ensure that its volunteers are covered by malpractice insurance. Available through the State Bar

Managing the Relationship of the Volunteer and Client Other issues to address with your volunteers…

(1) Set clear and definable goals ABA Standards state: “ Clearly defining the relationship between the program, the volunteer and the client is essential to avoid confusion and misunderstanding as to the duties and responsibilities of each party.”

Time commitment! A Michigan survey found that 32% of attorneys cited limited time as an obstacle to their pro bono work. Thus, coordinators need to provide accurate information on time commitment.

Discrete Legal Matters… With unbundled services, it is typically easier to estimate the time committment. They set up clear client expectations. Also, a narrowly focused matter can fall within an attorney’s area of expertise.

(2) Minimize administrative hassles… Minimizing administrative hassles allows the attorneys to perform the most satisfying aspects of the work – representing the needy client. Pro bono managers can coordinate schedules, track case progress, and provide forms.

The lawyer and non-legal work: Clients should be notified in advance that the lawyer is not expected to perform non-legal work. The lawyer may refer the client to the appropriate person to handle such work.

(3) Encourage regular meetings Meetings allow attorneys to foresee certain issues. Meetings ensure prompt receipt of materials. Meetings enable attorneys to advise client on the sort of matters that will require legal expertise.

(4) Pick a lead counsel If the attorney and client have a long term relationship, involving more than one counsel, selecting a lead counsel is advised.

(5) Contact the coordinator if problems do arise! Coordinators need to be informed of conflicts between the attorney and client.

Part 3: Retaining Volunteers Helpful pointers…

(1) Keeping in Touch Volunteers should be added to the mailing list for events and announcements. Make sure that volunteers are invited to your organization’s events.

(2) Recognition Recognition is essential to the success of a volunteer program. Effective methods will go a long way to retain your volunteers.

Goals of Recognition Letting volunteers know their work is valued Helping volunteers feel part of the program’s overall mission Educating program executives about the impact of volunteers Re-committing paid staff and volunteers to ongoing, enthusiastic service Publicizing the program to the legal community and the community at large

Methods of Recognition Plaques or certificates (personalize them!) Public recognition (arrange with a local newspaper or radio) Luncheons An “Honor Roll” of participating attorneys Providing free CLEs throughout the year Handwritten thank- you notes from clients and staff

Community Builder Awards

Texas C-BAR Annual Block Party

(3) Outstanding Achievement Recognizing outstanding achievement provides feedback to the volunteer. It also re-energizes other volunteers. Awards may target particular volunteer demographics, such as large or small law firms, or law students.

Outstanding Achievement… In order for the award to be meaningful, it is critical that the program establish criteria that the nominees must meet. These criteria may be objective, like number of hours, or subjective, like a particularly meaningful activity.

And finally, you’ll see the results…

Lawyers Caring “It is great to have the opportunity to do pro bono work in your particular field of law. The C-BAR clients are doing very interesting things, and it’s a great feeling to be able to get involved in that.” —Morgan A. Ryder, Hughes & Luce

Lawyers Making a Difference “ Texas C-BAR has saved our organization several thousand dollars in legal fees. This savings will be used to provide high-skills job training to Austin area residents. Terry McDonald and his associates at McGinnis, Lochridge & Kilgore have treated us with professionalism and courtesy. This is a great service!” —Kathleen Burnside, Capital IDEA

Lawyers Helping Others “Texas C-BAR provides transactional attorneys with a unique opportunity to volunteer their skills to help low-income communities.” — Bill Volk, Vinson & Elkins

Heroes are Just People with Big Hearts

Texas C-BAR Photos ©Alan Pogue