More than 70% of City-based law firms have increased their pro bono commitments in the last three years, as the debate rages on over whether dedication to charitable causes is a cynical publicity ploy or an opportunity not to be missed.
In the latest Big Question survey by Legal Week together with EJ Legal, 40% of respondents said that their commitment to pro bono work has increased ‘a lot’ over the last three years, while 36% said it had increased a little. Only 3% saw a decrease in their commitment.
However,
Major
Addleshaws litigation partner and diversity head Monica Burch (pictured) said: “I think 32% is surprisingly low. Graduates are constantly asking what pro bono work we are doing and, if it is so important to graduates and younger people, why isn’t it formalised?”
The survey, which drew responses from 140 partners, found 89% were opposed to mandatory firm-wide targets and 90% opposed to mandatory individual targets. In contrast, 78% are in favour of firm-wide ‘guidelines’ and 67% in favour of individual guidelines.
Linklaters litigation partner Mark Humphries (pictured) said: “I do not know any lawyers who think pro bono should be compulsory — one of the main features is that it must come as a voluntary contribution.”
Norton Rose managing partner Deirdre Walker added: “Pro bono forms part of our appraisal process but it is not something that is measured.”
The highly contentious issue of publicising pro bono activity divided opinion. The survey shows that 46% of firms thought it was healthy for firms to do so — encouraging them to commit to the cause.
However, 31% of firms said that publicity should come with more objective benchmarks to make for more meaningful comparison and 22% were uncomfortable with the concept of publicity — suggesting that work done should be kept private.
One respondent said: “What other industry imposes mandatory charitable targets on its workforce? In a world where no-one blinks when [some top] partners turn on each other because they think average partner profits of £845,000 are unacceptable relative to [their rivals], law firms parading their community credentials is sick.”
Humphries responded: “Clients expect us to commit resources to pro bono and to tell them about it. We are not in a position to hide our light under a bushel.”
Burch said: “In terms of getting a business to commit resource, the benefits include graduates thinking that they can do some good in working for you. You cannot achieve that without publicity.”
According to the survey, slightly more than half of firms (55%) believe the most effective way to boost pro bono activity is through firm-wide initiatives. Thirty-one percent thought the most effective way was to include pro bono work in billing targets.
Beachcroft national commercial property partner Virginia Clegg, who recently led a 90-lawyer team on a pro bono project to renovate a primary school in the
Opinion was also divided on how good the existing pro bono efforts of large commercial firms currently are. Only 12% said ‘excellent’, with 34% saying ‘good but could improve’. Thirty-six percent said ‘OK’, 16% ‘should do better’ and 2% said ‘risible’.
What the respondents said:
'New Labour stupidity'
"What other industry imposes mandatory charitable targets on its workforce? In a world where nobody blinks when Freshfields partners turn on each other because they think average PPP of £845,000 is unacceptable relative to Linklaters, law firms parading their community credentials is sick."
"Law firms should not be forced into yet more 'new labour' stupidity. Heaven knows we have to work all hours as it is without some of the ghastly 'good causes' getting thrust at us. Charity ought to be a personal thing."
Pro bono should remain a private matter. Small firms cannot compete and using the whole idea for marketing is in my view lacking in taste.
Flaunting pro bono is vulgar - a bit like American actresses cuddling starving children in Africa. The rationale for doing it should be to put something back into the community, not to get publicity for public halo polishing.
The profession must try harder
"The commitment has to be a real one - not just for the sake of ticking boxes on tender applications. In reality this means that internally proper credit needs to be given for pro bono work in terms of individual targets. Managed properly there is a real benefit for any large firm from increased pro bono involvement in terms of additional experience and satisfaction for those involved." Michael Ball, partner, Halliwells
"One needs to incentivise a greater number of those who will undertake pro-bono work; one major obstacle is that it may cut into target chargeable hours. Therefore, to remove that objection, pro-bono work should be included in those target hours, with qualifying pro-bono hours capped if necessary." Damian Cleary, partner, Dewey & LeBoeuf
"First, pro bono work helps the lawyer in the City to retain a connection to wider society. When you spend your day acting for corporate clients, unravelling their complex problems, it is easy to lose sight of the problems that the majority of citizens face. Pro bono helps to reconnect, or to keep connected, with this world. Secondly and following from this, it is important that partners and seniors are personally involved in pro bono work too. Pro bono should not be seen as just something for trainees and paralegals to do; partners and seniors should be there leading from the front, just as they do with paying client work." Daniel Tunkel, partner SJ Berwin
"Until expressly factored in to individual and aggregate financial targets, pro bono will remain ad-hoc, and mostly shallow window dressing, more damaging than helpful to the image of the profession."
"The culture of firms is that time is money. Pro bono is always going to be a poor relation until firms introduce specific targets for individuals with a credit (subject to limits) for the work done. "
"Commercial firms can do a lot more. It's still not much more than window dressing."
"In a target-driven environment, people will only devote time to pro bono activities if there is clear firm leadership on the issue backed up by genuine support for individual efforts. Too often there is management lip-service to the concept of CSR as a 'good thing', but those who (inevitably) take time out of their working day eventually suffer by comparison with those who choose not to. "
Softly softly
"Pro Bono" is a wide term. Firms' policies on it (or on volunteering as we refer to it) should encourage participation at all levels (including, of course, non fee earners) and this should be reflected at appraisal. However, there should be no compulsion. As part of a larger CSR policy such effort should be measured and encouraged; above all time in the day should be made available for those wishing to participate. James Furber, chair CSR. Farrer & Co
Pro bono should never form a mandatory part of an individual's role. However, where an individual has volunteered, credit should then be given for participation either through hours credits or more generally through performance management systems.
"Firms that use pro bono actively as a marketing tool are more concerned with the name than the result. Pro bono work should come from the heart and not from business needs. At the same time we know that increasing numbers of clients look at a firm's pro bono and other related activity and will only want to work with or 'partner' a law firm which has a commitment to pro bono work."
"Law firms in London do a lot of pro bono work but, feel slightly reticent about shouting about it. Culturally my firm supports our people getting involved but we have some difficulty making people feel they should spend time on pro bono work. We like to create an environment in which they feel comfortable doing it, but are not compelled to do so. "
"Pro bono is not a substitute for proper funding of legal aid. It is an integral part of corporate responsibility. It should not be a mandatory element of professional activity, but should be seen as what a good professional does. Each firm and each individual should make individual decisions about involvement and the degree of that involvement. "
"In recent years there has been significant growth in the levels of pro bono activity undertaken by leading firms as well as extended scope of that activity - for example, the Competition Pro Bono Scheme." Alastair Gorrie, partner, Orrick Herrington & Sutcliffe
"You cannot make pro bono activity mandatory, it should be up to the individual how much they commit. Firms can and should, however, encourage and support individuals if they wish to do pro bono work."
"Commercial practices are in the business of making money and maximising profits. The fact that they have a conscience, and wish to provide pro bono services is good news (even if their reasons for doing so are to enhance their commercial reputations). To encourage more pro bono work means changing the culture, and also how lawyers are remunerated (which is usually on billings). "
"The danger is that activities which ought to be a matter for the private conscience enter the province of the marketing department. But if as a result the world becomes a better place, that cannot be other than a good thing."
"The really important pro-bono goes on in the background for unsung and often quite sensitive causes. A policy should encourage and value internally pro- bono, but the trend to shout it from the rooftops is missing the point.""It's easy for outsiders to be cynical about the commitment that firms have to pro bono - less easy to be cynical about lawyers giving up their evenings to help those less blessed that they are. People should be supportive of pro bono."
Talkback: Is it wrong for firms to shout about the good work they do? Should pro bono targets be formalised? Click here to have your say.
