Many law students would like to get a public interest job after graduation, but those jobs are not plentiful, and they don’t do much to reduce the size of law school debts. But if you go to a law firm, you don’t have to forget why you came to law school, because at many large firms today, pro bono is alive and well, and associates are encouraged to take advantage of those opportunities.
During national pro bono week in late October, we had a program here at George Washington Law School to which we invited lawyers from five major firms in Washington to talk about their pro bono work. The firms all have very robust pro bono practices, which includes many hours spent by partners as well as associates. Much of the work is litigation, but by no means all. Firms find ways to help small businesses, non-profits, and developing countries get started and work their way through the necessary regulations. Litigation can involve major law reform work, including amicus briefs, but also one on one representation in areas such as family law, domestic violence, and landlord-tenant proceedings.
Law firms here in Washington take pride in their pro bono work. They compete for recognition to be at the top among firms where 40% of their lawyers do 50 or more hours a year of pro bono, and the special recognition when 50% of their partners reach that goal. They also advertise their pro bono on their websites, but the most important message the students and I took away from the panel is that job applicants — at least in Washington — should not be afraid to inquire about pro bono in their interviews. This means asking questions such as how do pro bono hours count toward expected billables; is there a separate pro bono target; and can I bring in my own pro bono case (assuming there is a partner willing to supervise it)? Many firms have lawyers whose main job is to run their pro bono program, and applicants can ask to talk with that person, as well as newer associates who have done substantial pro bono work.
It is not only a firm’s commitment to helping others that is an incentive to take on pro bono work. Pro bono cases enable younger lawyers to assume far greater responsibility in many matters than they will have with paying clients. Most significantly, this will include taking depositions, trying the case if it gets that far, and arguing cases on appeal. Firms thus use pro bono to keep restless associates happy and give them experiences, and hence training, that they are unlikely to get on most of their cases.
A couple of caveats: not all firms have significant commitments to pro bono, and so it is a good idea to check the firm’s website. And if the firm has several offices, the pro bono reality in each office may not be the same. Second, there are conflicts to worry about; some are specific with firm clients, which cannot be finessed or even debated. Others are issue conflicts: the firm does employment for management, and you want to take on a Title VII case seeking to make new law. Third, some firms do only limited kinds of pro bono – litigation and mainly representation of individuals in local courts – and you are interested in corporate law or would like to spend time on criminal appeals. Last, many firms take on big cases, which require a team of lawyers, significant out of pocket expenses, and a long time horizon, but others do more, smaller cases. But even public interest organizations have their own limits, for example because they work in only certain areas, their funding source imposes certain guidelines, or some cases are just too big for their budgets. Knowing a law firm’s pro bono profile, and thinking about what kinds of pro bono you would like to do, should be a significant factor in helping you decide among firms which may seem to be very similar in so many other ways.
Finally, for those who hope to stay at a law firm only for a while, doing pro bono work can help you plan and perhaps execute your “great escape” down the road, through contacts you make and by learning what else is out there.
Alan B. Morrison received his LLB from Harvard in 1966. He is now Lerner Family Associate Dean for Public Interest & Public Service Law at George Washington University Law School. He spent almost two years at a private firm, where he was able to do some pro bono work, but most of his career was at the Public Citizen Litigation Group, which he co-founded with Ralph Nader. He is the co-editor of “Beyond the Big Firm: Profiles of Lawyers Who Want Something More” (Wolters Klewers 2007). He can be reached at abmorrison@law.gwu.edu.