For the public good: ACBA Board of Governors passes resolution on pro bono
service policy
By Hon. Kim Berkeley Clark
For The Lawyers Journal
May 25, 2007—This month’s message will be rather short. Not because the subject matter is not important, but because I have already written about this topic, which is near and dear to my heart, pro bono service to the community and to the court.
I am very proud to report to you that at the April 17 meeting of the ACBA Board of Governors, the board unanimously adopted the following resolution.
Resolution of Allegheny County Bar Association
Board of Governors Pro Bono Service Policy
Whereas, Rule 6.1 of the Pennsylvania Rules of Professional Conduct states that every lawyer has a professional responsibility to render public interest legal services;
Whereas, the importance of Pro Bono service has been given charter recognition in the By-Laws of this Association through the creation of the Public Service Committee, whose charge is to assist the members of the Association in fulfilling their ethical responsibilities to provide pro bono services to persons who are indigent;
Whereas, in 1990 this Association passed a Resolution encouraging all lawyers to render at least 50 hours of public interest legal service each year;
Whereas, many lawyers in Allegheny County have not met this professional goal;
Whereas, the unmet need for legal representation for the poor and near poor remains severe and is growing;
Whereas, this Association recognizes that despite the cooperation and support of law firms, including corporate and governmental legal departments, substantial occupational and practical barriers to lawyers’ efforts to honor their ethical obligation to render public interest legal service remain and must be overcome;
Whereas, this Association recognizes and encourages public service activities including those that do not entail the performance of legal work (e.g., community volunteerism, most bar association activities and most service on the boards of non-profits), but further recognizes that these efforts are often distinct from pro bono legal efforts designed to deliver direct legal services to the poor and disadvantaged;
Whereas, this Association believes each firm and legal department should more actively encourage and facilitate their lawyers’ contributions in some meaningful measure to the delivery of direct pro bono legal services to the poor and disadvantaged;
Whereas, this Association believes that the adoption of pro bono policies by law firms and legal departments, and the incorporation of certain provisions therein, will substantially enhance the rate of participation of their lawyers in pro bono legal representation activity.
NOW, THEREFORE, BE IT RESOLVED by the Board of Governors of the Allegheny County Bar Association as follows:
The Association hereby renews its commitment to ensure the delivery of direct pro bono legal service to all persons in need but unable to pay for legal services.
The Association therefore renews its call to all Association lawyers, firms, and legal departments to meet the goals established in the ACBA Pro Bono Resolution and urges all association lawyers, law firms, and legal departments to encourage all of their lawyers, partners, as well as associates, to help provide direct pro bono legal service to the poor and disadvantaged.
The Association hereby adopts and urges each of its members and law firms to adopt the goal of having each lawyer contribute annually 50 hours of legal service to the poor and disadvantaged, or to organizations having as their primary purpose service or assistance to the poor and disadvantaged, whether by direct legal service, through cash or in-kind donations, or by a combination of these methods.
The Association calls upon each law firm and legal department in this County to develop and adopt a written pro bono policy and to include, in addition to their other commitments and statements, the following statements within their pro bono policies:
- that senior lawyers are encouraged to set an example by becoming involved in pro bono representations;
- that the firm or legal department will perform an aggregate amount of pro bono legal work that equals or exceeds an average of 50 hours per lawyer each year;
- that time spent on pro bono matters will be treated the same as time spent on legal work for fee-paying clients with respect to all matters, including but not limited to compensation, billable hour requirements, targets or guidelines (if any), and bonus eligibility;
- that an individual lawyer's commitment to pro bono legal work will be considered favorably in his or her performance reviews and in personnel decisions;
- that all newly hired lawyers are strongly encouraged to participate in at least one pro bono matter during their first year of employment ; and
- that the firm or legal department will publicize pro bono matters in any newsletters, written and electronic publications, or other internal and external communications.
The Executive Director and staff of the Association are authorized to take such reasonable steps as the Executive Director may determine to publish and distribute the ACBA Pro Bono Resolution and this Resolution and to encourage their adoption.
The ACBA originally passed a resolution with respect to pro bono service on Nov. 6, 1990 after much debate on the number of hours. The ABA resolution, upon which our resolution was based, proposed 50 hours of pro bono service per attorney. The ACBA agreed to suggest 50 hours as a “goal.” In passing the 1990 resolution and the new one, the board acknowledges that attorneys are busy trying to meet billable hours and family commitments, and continues to urge firms to encourage 50 hours of service for each employee whether by direct legal service, through cash or in-kind donations, or by a combination of these methods.
We are also asking firms to adopt a policy of giving same credit for time on pro bono matters as regular fee-paying matters and to increase direct legal services to the poor. We also believe that the senior attorneys need to support and promote pro bono service and that new attorneys should be encouraged to do at least one pro bono matter. We are also encouraging firms to publicize their pro bono work. The PBA, under the direction of Andy Susko, is currently working on a statewide policy, and other states have already promoted pro bono service in this way.
As I stated in my February message, I am proud of the fact that our bar association is committed to pro bono service. We are blessed and fortunate to have Lorrie Albert as our Pro Bono Coordinator. Over the course of the last year, the Pro Bono Center has launched several new projects—and more are on the horizon. In collaboration with the Pittsburgh Pro Bono Partnership, two additional family law projects are being developed—the Pro Bono Custody Conciliation Project and the Guardian Ad Litem Pro Bono Project. As a judge in the Family Division, I can honestly say that without lawyers who have made the commitment to give pro bono service to the court and to the community, we would have a far less efficient and fair system of justice. Despite the fact that we have many lawyers who do pro bono work, we need more. There are still too many people that deserve representation and who cannot afford it, and as a result, are forced to go without legal representation—often to their detriment. The legal issues of the indigent are often as complex and sometimes more complex than the issues of those who can afford representation.
On May 23, we honored those lawyers who have made a difference and have shown a commitment to pro bono service. It was a glorious event. In my February message, I asked you to imagine, if just 50 percent of our 6,500 members handled one pro bono case each year, the impact that it would have on the legal system in Allegheny County. I now think that 50 percent is not good enough, that we should and can reach higher. I believe that we should reach for the stars and strive for a 100 percent commitment. To those law firms who have continued to show a commitment to pro bono service, I thank you. To those who have not yet made this commitment, I encourage them to do so. After all, the beauty of pro bono service is that as much as the client receives, the lawyer receives so much more for there is no greater reward than knowing that you have helped someone who is in need. It is for the public good.