National Law Firms Find Value in Pro Bono Work

Vanita Gupta, assistant counsel at NAACP Legal Defense and Educational Fund Inc. (LDF), was the keynote speaker at the Law Day Luncheon sponsored by OCU School of Law and the Oklahoma County Bar Association. Fresh out of law school, Ms. Gupta successfully led the effort to overturn the wrongful convictions of 38 African-American defendants in Tulia, Texas. Key to Ms. Gupta’s efforts was targeting the national media on the plight of the Tulia defendants and the pro bono work of approximately a dozen national law firms.

“I was only one lawyer at LDF. It did not take me long to realize the need for both human and financial resources to underwrite the investigation necessary in Tulia,” Ms. Gupta commented. “I selected the firms that I did because they have stellar pro bono programs. This is one way they stand out from other firms.”

Ms. Gupta conceded that without committed pro bono efforts by the private bar, it is hard for non-profit organizations to pursue public interest projects.

Two of the law firms leading the way with the pro bono efforts in the Tulia case were Wilmer Cutler Pickering Hale & Dorr and Hogan & Hartson. Ted Killory, a partner with Wilmer Cutler, recalled the premise on which his firm was founded.

“Our founding partners looked upon the law firm as a business, but they also felt the firm needed to give back to the community,” Mr. Killory said. “One of our founding partners, Lloyd Cutler, had a saying, ‘Do well by doing good.’ We pride ourselves on doing well by doing good.”

Wilmer Cutler has a full-time pro bono coordinator who maintains connections with hundreds of non-profit organizations like LDF. The pro bono cases range from appellate work at the Supreme Court level to Social Security hearings. The firm has a target of devoting 5 percent of its total billable hours to pro bono work, and each year they exceed this target.

“Pro bono work gives our young associates a chance to get direct, hands-on trial experience,” said Mr. Killory. “In the Tulia case, I had five associates working with me. Each of those associates handled depositions and then conducted witness examinations at the trial. Some of our more experienced litigators have never had the opportunity to cross-examine a witness in a crowded courtroom. These associates got to do that.”

When discussing his firm, Mr. Killory noted, “Pro bono is part of our culture. Sure, our profits may be slightly lower, but we are a happier firm, a better firm and we attract the most talented attorneys. Personally, I am a better lawyer and I have more varied experience as a result of my pro bono work.”

Hogan & Hartson decided to establish a permanent pro bono program 35 years ago. Their program is operated by a partner, on a rotating basis, serving a three- to five-year stint. The program also includes a senior associate, four junior associates and two legal assistants. Basically, it is a smaller pro bono firm inside the larger law firm. Attorneys at the firm, who desire to do pro bono work, are given financial incentives in the form of billing credits up to 100 hours per year. The pro bono work ranges from international business transactions for tax exempt entities to the smallest landlord/tenant issue. Desmond Hogan, a partner with Hogan & Hartson, said he feels pro bono work adds to the culture and uniqueness of the firm.

“Our firm made the commitment to do pro bono work and never looked back. I guess our bottom line would be improved, but the culture of our firm would take a hit if we took away the pro bono program,” Mr. Hogan said.

Mr. Hogan said he observes that the pro bono program helps the firm in intangible ways. For example, it is a great recruiting tool.

“Law students appreciate and differentiate between our firm and others based on the quality of our pro bono program,” he said.

Also, Mr. Hogan said he personally has benefited by pursuing pro bono work.

“I cannot imagine a higher pinnacle or a greater victory in my legal career than when the shackles were taken off the Tulia defendants and they were free,” he said. “It is a rare experience when a law firm can do extraordinary good. The Tulia case improved the morale of my entire firm.”

Oklahoma firms have discovered that pro bono policies and pro bono programs, much like Wilmer Cutler Pickering Hale & Dorr’s and Hogan & Hartson’s, are necessary for stability, growth and marketability of their firms. Watch for the article next month as we explore how Oklahoma firms are utilizing pro bono programs in their firms. If you would like to share your firm’s plan for pro bono service, submissions should be forwarded to: probono@okbar.org or Pro Bono Services Subcommittee, c/o Heidi J. Long, 204 N. Robinson, Suite 1550, Oklahoma City, OK 73102.