Nuts and Bolts of Corporate Counsel / Law Firm Pro Bono Partnering

12 December 2012 12 – 1:30 pm Steven H. Schulman, Partner Akin Gump Strauss Hauer & Feld, LLP

I. Models a. Akin Gump i. Walmart Medical Legal Partnership ii. AT&T/MetLife model iii. Goldman Sachs model b. Other firms II. Pro Bono Partnership Rationale a. Defining the partnership i. Consulting/mentoring ii. Absorbing corporate counsel into existing pro bono matters iii. Co-counseling b. Pro bono and corporate social responsibility c. Interact with the community as lawyer d. Business case e. Team-building and morale f. Corporate legal department challenges i. Time ii. Infrastructure and resources iii. Manpower g. Firm strengths i. Expertise ii. Relationships with legal services iii. Existing pro bono docket iv. Infrastructure and resources v. Bench depth III. Before Forming Pro Bono Partnership a. Determine role of law firm i. Consulting/mentoring ii. “Absorption” iii. Co-counsel in new venture b. Identify pro bono opportunities of interest to corporate attorneys i. Determine extent to which firm attorneys can/should play a role c. Work from substantive strengths and existing relationships with public interest community d. Training needs e. KEY: Legal services organization with expertise in partnership subject matter i. Directly involved in the partnership (e.g., Legal Aid of Arkansas w MLP) OR ii. Indirectly, by supplying new matters IV. Formation and Implementation a. Assume that the partnership will be long-term i. Assess project status from time to time ii. Be open to evolution and mid-course corrections iii. Succession planning b. Roles in Partnership i. Roles of each party proportional to its capacity, size, skills, and interests ii. Open communications plan iii. Clearly defined expectations iv. Consider teams and whether peer-to-peer or “mentoring” relationships are appropriate V. Malpractice Insurance a. Malpractice claims are VERY unusual in pro bono b. Work with a legal services provider or non-profit legal services provider that provides coverage to those pro bono lawyers who work on sponsored programs c. Obtain coverage directly from insurer i. Endorsement to existing policy ii. Standalone policy d. Obtain coverage from National Legal Aid and Defenders Association e. Self-insure VI. Q&A

2 Steven H. Schulman, Partner

Akin Gump Strauss Hauer & Feld, LLP Bar Admissions  District of Columbia  Maryland Court Admissions  U.S.C.A., 1st Circuit  U.S.C.A., 3rd Circuit  U.S.C.A., 4th Circuit  U.S.C.A., 9th Circuit  U.S.C.A., 10th Circuit  U.S.D.C., District of Columbia  U.S.D.C., District of Maryland  U.S. Supreme Court Education  J.D., Northwestern University School of Law, cum laude, 1994  B.A., Brandeis University, cum laude, 1989 Steven H. Schulman leads Akin Gump’s pro bono practice worldwide. Practice & Background Mr. Schulman maintains a substantive practice in many areas of public interest law, including human rights, immigration, assistance to military personnel and poverty law matters. He has handled dozens of asylum and other immigration cases, with a particular emphasis on complex matters, such as those involving allegations of material support for terrorism. Mr. Schulman joined Akin Gump in 2006 as its first full-time pro bono partner. Since he joined the firm, participation in the pro bono practice has increased substantially in every office, with Akin Gump lawyers now devoting an average of more than 80 hours annually to pro bono client matters. Under his leadership, the firm has also built strong relationships with local and national legal services organizations and has developed experience in several areas of pro bono practice, such as representing charter schools, working with refugees and victims of human rights abuses, and providing legal counsel to military personnel and their families. Since 2008, Mr. Schulman has led and supervised the firm’s Pro Bono Scholars Program, a two-summer program in Dallas; Los Angeles; Washington, D.C.; New York; and Houston to identify and develop top law students into the next generation of Akin Gump attorneys committed to building the firm’s pro bono practice. Prior to joining Akin Gump, Mr. Schulman led the pro bono practice in another large international law firm from 2001 to 2004. He developed and implemented that firm’s signature Child Refugee Project, assisting unaccompanied alien children in the United States through individual representation, legislative advocacy and systemic reform. As a result of this project, thousands of children were moved from detention to foster care. In his practice before he joined Akin Gump, Mr. Schulman had extensive experience in antitrust and white-collar criminal matters. In private antitrust litigation, he represented clients in a variety of industries, including defense contracting and health care. In mergers and acquisitions, he represented clients in dozens of transactions before the Federal Trade Commission and the Department of Justice. His reported merger cases include FTC v. Libbey and FTC v. Swedish Match. He also represented corporations in criminal matters and internal investigations, including the Salt Lake Olympic Organizing Committee in its defense of a federal criminal probe 3 into its Olympic bidding practices. He conducted an internal investigation for the board of directors of an automobile manufacturer concerning tread separations on tires used on its vehicles. Mr. Schulman was the associate note and comment editor of the Northwestern University Law Review. Mr. Schulman is an adjunct professor at the Stanford Law School and the Georgetown University Law Center, where he teaches seminars on law firm economics and pro bono practice. Mr. Schulman’s published works include “Victimized Twice: Asylum Seekers and the Material- Support Bar,” 59 Cath. U.L. Rev. 949 (2010); “A New Era in the Legal Treatment of Alien Children: The Homeland Security and Child Status Protection Acts,” 80 Interpreter Releases 233 (2003); “When Talk Is Not Cheap: Communications With the Media, the Government and Other Parties in High Profile White Collar Criminal Cases,” 39 Am. Crim. L. Rev. 203 (2002); and “Giving Voice to the Vulnerable: On Representing Detained Immigrant and Refugee Children,” 78 Interpreter Releases 1569 (2001). Community Involvement Mr. Schulman’s numerous community, civic and charitable activities include being:  vice president of the Association of Pro Bono Counsel (APBCo)  an inaugural member of the Human Rights First Board of Advocates  a member of the board of directors for Appleseed, a nonprofit network of 16 public interest justice centers in the United States and Mexico  a member of the board of directors for the legal advisory board of the Capital Area Immigrant Rights Coalition  a member of the board of directors of Buildable Hours, a law firm partnership with Habitat for Humanity  co-chair of the ABA Section of Litigation Pro Bono and Public Interest Litigation Committee (2002-2005) and on the ABA Commission on Immigration (2004-2005). Speaking Engagements Mr. Schulman frequently lectures on the role of pro bono in the legal profession. His recent talk at Harvard Law School, Doing Good While Doing Well: How the Economics of Large Law Firms Allow Pro Bono to Thrive, was recorded and can be seen here: http://www.law.harvard.edu/programs/plp/pages/schulman_event.php. Written Works  "Medical-Legal Partnership: A Promising Direction For Pro Bono," The Metropolitan Corporate Counsel, July 2012  "The Akin Gump Pro Bono Legacy, More Robust Than Ever, Lives On," The Metropolitan Corporate Counsel, August 2011  "Pro Bono Firm Of 2011: Akin Gump," Law360, July 11, 2011  "We Need To Protect Children at the Border," The Hill, May 18, 2011  "Steven Schulman: The Greatest Job in the World," RecoveringPolitician.com, April 21, 2011  "A Firm Whose Lawyers Live Pro Bono," The Metropolitan Corporate Counsel, August 2009  "Rendering Pro Bono Service: A Life-Changing Activity," The Metropolitan Corporate Counsel, August 2008  "Pro Bono: An Unequivocal Institutional Commitment," The Metropolitan Corporate Counsel, August 2007

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