Professional pro bono pie eaters (i.e., pro bono counsel) like me know that this pie has a lot of delicious bits in it once you dig in. However, a lot of attorneys think they don鈥檛 know how to eat pro bono pie, or think they don鈥檛 have time, or think you can only eat pie in court. But as any pie lover (of any kind) knows, there is always time for pie, especially if it鈥檚 just a quick bite. And eating pro bono pie is a skill, just like eating your vegetables. So how do you get someone to eat pie? By offering a bite, of course. And then another. And then a whole slice of pie.

Baked goods analogies aside, it鈥檚 important to discuss using limited scope projects to drive attorney participation in pro bono. First, however, a preface: This is not a manifesto against full-representation cases, in which an attorney takes on a full matter from beginning to end. Full representation is the backbone of pro bono representation, and it should stay that way. However, the reality is that full-representation cases can be difficult to place, especially when many law firms are struggling to get their pro bono programs off the ground or trying to combat low participation.

I want to acknowledge the reality that some of the major barriers that attorneys cite for not volunteering 鈥� namely not having time or not having the expertise to help 鈥� can be trumped by offering easier, bite-sized opportunities to drive engagement. These types of opportunities can be a pathway to convincing attorneys to take on more fulsome representations as they grow in personal investment and expertise in these matters.

Creating bite-sized pieces

Rule 1.2(c) of the Model Rules of Professional Conduct authorizes unbundling of services, whereby with informed consent, an attorney can limit the scope of their representation. Not every jurisdiction has adopted the Model Rules and even where the Model Rules have been adopted, there might non-uniform variations, so attorneys should review their state鈥檚 specific rules. This rule means, however, that cases can be broken into discrete pieces based on, for example, time or difficulty. By breaking a large case into these manageable pieces, it is easier to convince lawyers to take a proverbial bite.

Let鈥檚 imagine pro bono legal work as a pie 鈥� good for law firm business, good for getting and keeping talent, and complete with a dollop of good morale on top.

This can either be done internally, where a firm takes on a full-representation case; and as the case goes through project management, it is broken apart and placed with different team members, or at the legal aid organization, where projects are developed to assist staff legal services attorneys with heavy caseloads by farming out discrete projects.

Another option is to create phased projects with discrete time commitments, in which instead of a traditional one-day clinic, a volunteer commits to working with a client in a multiple-day clinic over a certain time period. Here, creativity is key. The more innovative we can be with different structures, the more we can make opportunities look and feel more manageable to already busy lawyers.

These phased projects can run the gamut of subject matters and areas of law. Cases in court can be broken into some pieces that require no appearances, making traditional court cases palatable for transactional attorneys. Long-term cases can have phased deadlines for discrete pieces, requiring short initial commitments and giving the lawyer the ability to choose to stay on for later phases.

Thus, benefits are manifold: these projects are designed to be quick, (relatively) easy, and good introductions to the subject matter, while allowing an attorney some pride in making a difference. While it takes some management to create and move the projects forward, with the right shepherding and the right opportunities, you can get volunteer attorneys to ask for more bites, and eventually, bigger pieces of the pie. Because once someone starts helping a client, they start caring.

In this way, lawyers will see the impact of their work and see how the built-up notions in their heads can be outweighed by their hearts. Because at their core, most attorneys chose this career path because they like helping 鈥� and that, hopefully, will translate into another helping of pie.

With the exception of 2020, legal staff at law departments have been increasing their participation in pro bono legal activities. Corporations large and small have been as part of an effort to impact communities and drive systemic change.聽 In addition, last year鈥檚 renewed focus on racial justice initiatives and a greater emphasis on environmental, social, and corporate governance (ESG) topics, has led many departments to get even more serious about their commitments.

鈥淲hile 2020 impacted the ability of many departments to maintain pro bono participation across the department, many corporate law departments deepened their commitment to serving those in need.聽 In fact, we鈥檝e seen an uptick in the number of legal departments interested in creating a formal pro bono program,鈥� says Eve Runyon, President and CEO of the (PBI), a Washington, D.C.-based nonprofit focused on pro bono initiatives. 鈥淲e also have seen an increase from already-established corporate pro bono programs in identifying opportunities that specifically support racial justice.鈥�

These projects include everything from criminal justice issues to voting rights, and, as an added bonus, they support minority-owned businesses with their legal matters. While the American Bar Association (ABA) doesn鈥檛 require attorneys to perform pro bono work, they those with a bar license to do so. So, with all the momentum of pro bono goodwill, how does a corporation get started or expand its already existing pro bono work? Further, how best can corporations support their attorneys and measure their success.

How to start your corporate pro bono program

If your organization wants to start a corporate pro bono program, what鈥檚 the first thing it should do? Going from an idea to launching the program, naturally has a few steps in between. Initially, you may want to do some research. The wheel has already been invented and there are that can help you when starting your journey.

Support from the top 鈥� First, PBI鈥檚 Runyon says, having support from the top of the organization is mandatory. 鈥淵ou need a general counsel or a chief legal officer (CLO) that is visibly supportive of legal staff engaging in pro bono activities.鈥� It is also important to think about what your legal staff would be interested in doing and what opportunities are available in your community. Community legal needs in urban San Francisco, for instance, may differ from those in Bentonville, Arkansas, the headquarters of Walmart.

Professional liability insurance 鈥� Another key element is thinking about the infrastructure you will need to support and sustain a corporate pro bono program. One issue that often gets overlooked is the need for for your volunteer attorneys, Runyon cautions. 鈥淢alpractice insurance shouldn鈥檛 prevent anyone from participating in pro bono, but it is a question that needs to be addressed at the beginning. Fortunately, there are several options available to legal departments,鈥� she explains.

Corporations can partner with legal service providers that have insurance policies that extend to volunteers. Another option is to secure liability insurance that聽 covers pro bono work through a traditional provider or through the . If your company already has an insurance policy, Runyon says you can ask to add on a pro bono rider; an insurance policy provision that adds benefits to or amends the terms of a basic insurance policy to provide additional coverage for your volunteer attorneys.

Find projects that interest your staff 鈥� Find out what your attorneys are interested in doing and then match those desires to the legal needs of the community. 鈥淪ome of the areas we see in-house departments have great engagement with include immigration law, supporting veterans, and working with nonprofits, children, and the elderly,鈥� Runyon says, adding that she encourages departments to start by surveying their legal staff to see which areas their interest lies, and then to do the same with local legal service providers to match those interests with current needs.

It is also important to check in with your corporate social responsibility team, if you have one, to better understand what the company does holistically that relates to philanthropy and community engagement.

Of course, another key to success is understanding what support your attorneys will need to ensure they have a meaningful experience and that the clients they assist receive great services. This will not only increase interest in volunteering but retention as well. 鈥淚t isn鈥檛 uncommon for lawyers to indicate initially they are interested in pro bono work, but then worry they don鈥檛 have the skills to provide competent representation,鈥� Runyon notes. For example, a transactional lawyer may know very little about asylum law; however, this can be remedied by understanding the educational needs of your volunteer attorneys and providing the tools they need for effective representation. These tools may include training, access to experts and resources, mentors, and the opportunity to work in teams.

Measuring success in your corporate pro bono programs

The benchmark for success in a corporate pro bono program differs from how law firms measure success because law firms generally track effectiveness by the number of work hours logged. In a corporate setting, the benchmark is less concrete.

Runyon says one way to measure the success of a corporate law department鈥檚 pro bono efforts is to follow PBI鈥檚 guidelines and the Corporate Pro Bono Challenge庐 initiative, 聽which sets an aspirational goal of 50% pro bono participation by legal staff, lawyers, and support staff alike. Another way to measure success is simply by how your organization wants to define it based on your initial goals and objectives. You can use surveys or other metric tools to polls your volunteers, or maybe track volunteer satisfaction, employee morale, or increased teamwork. You can also look at how many clients your group serviced, the result of the representation, and whether it is positively impacting the lives of those around you.

As our world continues to evolve and change, the need for legal services, especially by those among underrepresented communities, cannot be overstated. As attorneys, we have the honor and privilege of promoting justice and helping others gain access to that justice. Let鈥檚 do our part to ensure access to justice for all.

Lawyers, law firms, courts, and in particular clients, have been thrown by this sudden onslaught, but perhaps those most impacted are those least prepared to effectively confront such rapid changes: the vulnerable, underserved, or simply those who have the least available means to afford quality legal representation.

In Los Angeles, we have recently seen the emergence of a unique effort. At the urging of the office of Mayor Eric Garcetti and City Attorney Mike Feuer, Los Angeles-based legal aid groups and large law firms are joining forces through the L.A. Represents initiative. Lawyers from 33 major law firms are participating, and we recently had a chance to speak to some of them about the initiative.

Like so many aspects of the recent crises, the full scale of problems to be solved and needs to be addressed is difficult to understand when looking solely from the outside in. But each of the people we spoke with were able to help bring some focus to the breadth and depth of the challenges being faced by those impacted.

Immigration

Immigrants and immigration courts were already facing a crisis even before the pandemic hit. Providers of legal services lacked many of the facilities needed to effectively handle client matters remotely. Similarly, immigration courts struggled with communications regarding hearings and case handling.

, Pro Bono Counsel for Paul Hastings, said her firm, among several others, partnered with groups like to help handle immigration matters telephonically. Leveraging the virtual facilities the firm had available, Parras and her colleagues were able to provide access to tools that would otherwise have been out of reach for many in need of legal services.

Telephone or virtual hearings are something that lawyers working with immigrant clients have historically resisted, said Parras. 鈥淲e don鈥檛 want to remove the human element from decisions,鈥� she said. 鈥淚n-person interactions allow for more meaningful handling of matters.鈥� Indeed, the ability to hold virtual hearings has helped alleviate some of the roadblocks presented by the virus by making access to the courts more timely.

While virtual hearings remain far from the ideal manner to handle immigration matters, 鈥渢hey very suddenly became acceptable as a last resort in a very limited circumstance,鈥� explained Parras.

Domestic violence

The necessity of staying at home has, for many, meant staying in a circumstance that places them in immediate physical or emotional danger. Martin Estrada, a Partner with Munger, Tolles & Olson said that 鈥渨hat happened with the COVID-19 pandemic is we learned that this problem, which has always present, unfortunately, has become more acute. There鈥檚 been a significant rise in domestic violence issues in Los Angeles of about 15% to 20%.鈥� Communities of color have been particularly hard hit in the uptick because many times victims are more vulnerable to begin with due to lack of access to resources or understanding of how the legal system works.

Munger Tolles has worked with the (LAFLA) for a number of years in helping to represent domestic violence victims in court hearings. But with the rise in cases during the pandemic, LAFLA approached the firm about helping to establish remote clinics to help victims prepare the paperwork and declarations needed to obtain restraining orders 鈥� all at a safe distance in light of the pandemic. LAFLA did not have the robust virtual facilities needed to accommodate the volume of matters, so Munger Tolles made their facilities available.

鈥淭his is crucial work for the community,鈥� said Estrada. 鈥淚t鈥檚 something that we鈥檙e passionate about, and we plan to continue helping domestic violence victims and expand the resources needed to assist them.鈥�

Elder law

Elder law is another area where there has been a surge in the need for legal assistance for those with limited means or access to the justice system. , Director of Pro Bono Counsel at Gibson Dunn & Crutcher said that her firm has done pro bono work for years on elder abuse cases in collaboration with Los Angeles-based non-profit law firm .

There has long been concern over fraudulent transfers of assets or property away from elderly people, most often being the home that an elderly person is living in, which is often the only asset or source of security for the individual. In the wake of the pandemic, there was growing concern that this already vulnerable community needed protection. 鈥淚n the past we have seen many cases where individuals have been tricked or otherwise persuaded to transfer their assets 鈥� often their home 鈥� to an unscrupulous acquaintance or even family member, which can ultimately lead to their eviction from their own homes,鈥� said Marquart.

In the midst of all this, Bet Tzedek reached out to their long-time partners at Gibson Dunn to help. 鈥淭hey were very concerned about how the courts would function to serve these people,鈥� explained Marquart. 鈥淲e often have to move fast in these situations.鈥� By leveraging not only the legal but also technological expertise of a large firm, Gibson Dunn was able to help Bet Tzedek identify solutions to address the problem and enable them to continue providing a high-level of support for people targeted for elder abuse.

Small business

Bet Tzedek also has been closely involved with LA Represents not just in cases of elder abuse, but also in providing assistance to small businesses struggling to navigate the suddenly even more chaotic business environment. Indeed, running a small business is never an easy proposition, but with the onslaught of new and rapidly changing regulations related to the pandemic, as well as the unprecedented level of confusion around labor and contract law, small businesses could quickly fall behind in ways that could pose existential threats.

, a Partner with Latham & Watkins serving on the firm鈥檚 Pro Bono Committee, worked with Bet Tzedek to help ramp up the services they were able to provide to small businesses. 鈥淥ur pro bono work has also focused on supporting small businesses and low-income entrepreneurs from underserved communities where they may have a hard time accessing quality legal services,鈥� said Mahmood. 鈥淚t鈥檚 exactly what we as a firm should be doing to support our local community and the many small businesses that really form the backbone of Los Angeles.鈥�

Although law firms have long engaged in this kind of pro bono work, the scale and urgency of the hardships and needs that emerged as a consequence of the pandemic risked overwhelming legal service organizations. LA Represents sought to address this, with Latham and other firms mobilizing to staff an ongoing virtual 鈥渋ntake and referral鈥� legal clinic to conduct and complete full intakes for potential clients to identify their legal needs and ensure they are eligible for Bet Tzedek legal services. From there, potential clients can receive direct placement with pro bono counsel, and have their matters triaged to appropriate teams.

鈥淭he issues small businesses are facing during the COVID pandemic are the type our firm is up to speed on anyway,鈥� said Mahmood. 鈥淲e want to see how this goes in Los Angeles, and work with Bet Tzedek to refine and optimize the model in ways that may be useful in other contexts and jurisdictions.鈥�