How often have you heard an appeal or read about the great need for pro bono legal services in Texas and said to yourself, “I really should take a case…”? According to the Texas Access to Justice Foundation, there is approximately one legal aid lawyer for every 7,000 Texans who qualify, and less than 10% of the civil legal needs of low-income and poor Texans are being met.
The great need may make you want to help … but then life and your busy practice or corporate responsibilities get in the way, and you may never get around to taking that case.
Instead of looking at pro bono as “one more thing” to add to an already overloaded plate, consider how you can integrate pro bono into your business life and make it work for you. Pro bono can be a win-win: Your pro bono clients will benefit, and you will, too, in very tangible ways.
Develop new relationships or strengthen existing ones. Instead of taking on a pro bono matter yourself, perhaps solicit the help of a current client or reach out to outside counsel you’d like to get to know better. Working together on a pro bono case not only lightens your load but forges new bonds between you and your pro bono partner.
Pro bono offers a wonderful opportunity to cultivate relationships with potential new clients. Many corporate legal departments encourage or require pro bono work from their lawyers, and busy in-house attorneys often welcome partnerships with other attorneys. If you are in private practice, identify clients you would like to work with and research whether there are causes they support that you also have an interest in. Identify a contact at the company and reach out. Sizeable companies may have a dedicated pro bono liaison who would be delighted to match you with a company attorney.
Attorneys at firms or corporate legal departments can also use the “partner” approach to develop relationships within their company. Identify someone you’ve always wanted to work with and propose a pro bono matter to handle together. Your proposal to work as a team may be just the thing to spur that attorney to do the pro bono work he or she always meant to do.
Such “internal networking” can greatly benefit attorneys who may not otherwise have an opportunity to work with others outside their group or department. This is especially important for lawyers in niche practices that have little crossover with other practice areas. Being a lawyer is about relationships, and pro bono can provide a bridge to create a genuine working relationship with a colleague in an environment where it may be hard to stand out. In addition, younger attorneys can make themselves known and demonstrate their abilities to those in a position to provide a favorable evaluation and future work.
The possibilities extend beyond simply partnering on a matter. In-house and outside counsel can come together to staff a legal clinic for a day, an enjoyable option that reaps relationship benefits but requires a minimal time commitment. The Texas Bar website lists upcoming legal clinics, which are frequently in need of additional lawyers to staff the event. For a more intense but highly rewarding experience, work together to put on a legal clinic with the help of a local pro bono provider.
Develop your skills. Whatever your practice area, pro bono can help further your skill set. Pro bono offers young litigators the opportunity to appear before judges, brief and argue motions, even handle trials on a small scale. Attorneys just starting out can handle a case start to finish and will likely confront legal issues they would not otherwise encounter (pro bono providers generally offer resources, mentoring and guidance throughout the matter). For litigators looking for this kind of experience but finding it hard to come by in their daily work, pro bono is a great way to fill the gap.
Many pro bono matters offer such opportunities. For example:
- Family law cases, such as custody and divorce, often involve court appearances. Even uncontested matters may involve a “prove-up” hearing, at which the lawyer will conduct a direct examination of the client and present documentary evidence.
- Asylum cases may involve appearing before an immigration judge and presenting an expert witness.
- Civil cases of all types, such as contract, property or landlord-tenant, also offer opportunities for handling a case from start to finish and appearing in court.
- Parents of disabled children may need attorneys to advocate for the child before a school board; veterans need advocates for benefits or discharge determinations.
Transactional attorneys can also find cases to develop or stretch their skills. Nonprofits need attorneys to help file 501(c)(3) paperwork, draft or review bylaws or employee handbooks or prepare taxes. Family members need pro bono help to draft a will or estate plan or seek guardianship of a relative. Other organizations support artists, musicians and dancers with a variety of legal needs or assist inventors in securing patents.
Even experienced attorneys can use pro bono matters to develop their skills. Such matters often involve situations that even seasoned attorneys do not encounter in their daily work, presenting a chance to exercise long-dormant skills or to learn new ones. For example, pro bono attorneys can learn techniques for presenting child witnesses or interviewing survivors of trauma.
Raise your profile. Pro bono matters can be as newsworthy as other representations. “Impact litigation” is brought with the specific intent to bring about societal change. Such litigation may address the rights of prisoners or detained immigrant children, disabled children’s access to special needs services, and a host of other issues. Join (or assemble) a team to work on such litigation. Pro bono organizations and law school clinics frequently initiate such litigation. You could be interviewed in connection with your work, and a successful outcome is sure to make a splash.
Achieve other goals you care about. You can match pro bono work with causes you care about to maximize your positive impact. Impact litigation is one option, but individual cases can also offer this benefit. For example, juvenile sealing programs,in which attorneys assist nonviolent youthful offenders with sealing their records, promote social justice because of the often disproportionate impact of such offenses on people of color. Veterans may need pro bono assistance challenging a dishonorable discharge based upon their sexual orientation. If you are passionate about animals, animal-related rescues and other nonprofits need assistance with corporate paperwork, tax filings and other issues. Nonprofits assist victims of human trafficking or domestic violence or address issues like the school-to-prison pipeline (in which school disciplinary policies are said to contribute to an increase in juvenile crime). Whatever issues inspire you, there is almost certainly a way to support those causes while helping individuals in need.
Achieving maximum benefit from pro bono work requires advance planning. First, put some thought into what goals you most want to achieve: Business development? Skills development? Achieving other aims, like social justice? Only after you have identified your goals should you look for the right opportunities to meet them. Pro bono providers associated with local bar associations generally take on a wide variety of matters encompassing many different types of legal work.
Second, think about the time you can reasonably commit to pro bono and be realistic about what you can give. Some attorneys might feel more comfortable committing to a case with one deadline rather than a series of deadlines that may extend over a year or more. Some types of matters are easy to fit into the openings in a patchwork schedule, while others require more sustained attention, at least at some points in time. Some matters are all paperwork, while others require interviews, hearings and other in-person or virtual meetings. You may be happiest and most effective by carefully choosing a pro bono matter that fits into your practice, preferences and schedule.
An internet search can readily identify pro bono providers in your area. The Texas Bar offers a Referral Directory organized by type of matter and by county that lists providers of pro bono legal services, with contact information and a brief description of the clientele they serve and the types of matters they handle. Once you have identified your potential niche, contact the provider to ask for details about the matters they match to pro bono lawyers, such as how long the representations typically take and whether the matter will involve court appearances or only paperwork. Many pro bono providers, despite their heavy workloads, are happy to work with volunteer lawyers to match them to matters that meet their interests and goals.
The next time you find yourself thinking “I really should take on a pro bono matter,” do it. You may benefit as much as your pro bono client.
This article reflects the opinions of the authors, and not of Greenberg Traurig, LLP. The article is presented for informational purposes only and it is not intended to be construed or used as general legal advice nor as a solicitation of any type.
Jennifer Tomsen is a shareholder with Greenberg Traurig, LLP, and co-coordinator for pro bono in the Houston office. Jennifer regularly handles pro bono matters, including cases on behalf of children, asylum seekers and victims of trafficking or violence. Her practice focuses on commercial and employment litigation, including defending a wide variety of clients in commercial matters and handling employment disputes on behalf of broker-dealers. She regularly practices in state and federal courts and in arbitrations before the Financial Industry Regulatory Authority (FINRA), AAA and JAMS.
Sandra D. Gonzalez is a shareholder with Greenberg Traurig, LLP, and coordinator for pro bono in the Austin office. Sandra handles pro bono matters for asylum seekers and victims of human trafficking and other crime. Sandra focuses her practice on international corporate compliance matters and more specifically, the U.S. Foreign Corrupt Practices Act (FCPA). Sandra has conducted extensive FCPA work in Brazil, the Caribbean, China, India, Japan and South Africa.