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8 Coordinating Pro Bono Work in the Firm Introduction The Australian Pro Bono Manual A practice guide and resource kit for law firms Edited by Jill Anderson Published by National Pro Bono Resource Centre and Victoria Law Foundation First Published October 2003 ISBN 1 876045 10 8 © National Pro Bono Resource Centre 2003 Author/editor: Jill Anderson Manuscript editor: Nan McNab Disclaimer While every effort has been made to ensure its accuracy, this manual should be used as a general guide only and readers are encouraged to adapt content to the circumstances within their particular workplace. No responsibility is taken by the authors or publishers for any errors or omissions. This publication is copyright. With the exception of section 4.7 'Advising and acting for Indigenous clients' for which specific permission is required from the copyright holder (see footnote 139) reproduction in part or in whole is encouraged. We ask that proper credit is given to the National Pro Bono Resource Centre and the Victoria Law Foundation within reproduced material. Material may not be reproduced for sale purposes without the written agreement of the National Pro Bono Resource Centre and Victoria Law Foundation. Australian pro bono manual 1 Introduction Contents About this manual 3 Acknowledgements 4 Introduction 6 1 Planning, developing and maintaining a program 8 1Planning pro bono for the firm 8 2 Current models of law firm pro bono 10 3Defining pro bono for the firm 17 4Promoting a pro bono culture 24 5Surveying interest 31 6Identifying needs and sources of work 32 7Setting targets and budgets 39 8 Coordinating pro bono work in the firm 42 9Involvement of all levels 49 10 Counting and crediting time 53 11 Pro bono policy 59 12 Costs and disbursements 61 13 Measurement, record keeping and evaluation 63 14 Training and skills 67 15 Standards 69 16 Reflections of a pro bono coordinator 70 2 Procedures and practice issues 72 1Casework procedures 72 2Supervision 77 3 Letters of engagement 80 4Risk management 87 5 Taxation issues 93 6 Troubleshooting 97 3 Precedents and pro formas 107 1Sample pro bono policies (6) 107 2Sample pro bono procedure 132 3Sample letters of engagement (5) 138 4Pro bono survey 154 5Pro bono database and sample monthly report 156 6Sample referral and assessment form 158 7Application and approval forms 160 8Sample new pro bono matter memorandum 162 9Sample evaluation form 164 10 Pro bono matter closure report 166 11 Secondment agreements (2) 168 12 Encouraging pro bono 174 4 Information and resources 176 1Secondment issues 176 2Pro bono referral schemes 179 3 Legal aid 183 4 Community legal centres and Indigenous legal organisations 188 5 Disbursement assistance 192 6 Interpreter services 198 7 Advising and acting for Indigenous clients 200 8 Clients with disabilities 202 9 Law firm pro bono contacts 208 10 Useful websites 212 Endnotes 214 Australian pro bono manual 2 Introduction About this manual This manual has been compiled for law firms to enhance and encourage the provision of pro bono legal services. The manual grew out of a recommendation of the National Pro Bono Task Force to develop a ‘how to’ handbook that would provide detailed practical advice to law firms and legal practitioners on topics ranging from promoting a pro bono culture within a firm to budgeting, accounting, taxation and record keeping. Through a mixture of commentary, advice, precedents and background information the manual aims to assist law firms wishing to establish, develop or expand their pro bono practices. It will also be of value to individuals who are seeking resources and ideas about pro bono. The topics covered in the manual were chosen following consultation with Australian law firms, particularly those operating or embarking on structured pro bono programs. Many of the precedents have been provided by these firms who have also contributed to the commentary. Other ideas and materials have been drawn from pro bono publications in England and the United States. The precedents have generally been rendered anonymous and are included as illustrations and guides. Firms should adapt or modify these to suit their own requirements. The manual is primarily directed to medium and large law firms although some of the resources will also be of use to small firms. Topics have, for the most part, been dealt with as stand-alone modules that will be helpful to different firms at different stages of their programs. Cross-referencing is used to identify other sections of the manual that are relevant to a particular issue. We anticipate that law firms will dip into sections of the manual that are of value and interest to them at various times. The first half of this manual (Parts 1–2) focuses on policy and procedural issues relevant to firms providing pro bono services. The second half (Parts 3–4) contains precedents and pro formas and a resources section. Part 1 contains a description of current models of pro bono practice, providing a snapshot of the extent, variety and options for pro bono work together with information useful to firms establishing, operating or expanding structured pro bono programs. Part 2 discusses issues in pro bono practice of particular relevance to firms’ casework practice and procedures. Part 3 contains sample precedents, including sample pro bono policies, procedures and letters of engagement, included to complement the commentary in the earlier sections of the manual. Part 4 contains information and resources for firms, including information about issues and services relevant to pro bono matters and clients, as well as lists of pro bono contacts and schemes and useful websites. In some ways the manual can be viewed as a work in progress. It is not intended to be exhaustive or prescriptive. We hope that over time it will become a more comprehensive resource. We encourage users to provide feedback [mailto:[email protected]], information and resources so that their experiences can be shared with other firms in updates to this manual. In this way, we hope the objective of enhancing and encouraging pro bono legal services can be achieved more effectively and quickly. Australian pro bono manual 3 Introduction Acknowledgements This manual has been substantially written, compiled and edited by Jill Anderson, the National Pro Bono Resource Centre’s policy and research officer. The Centre acknowledges the enormous amount of work that has gone into the manual and thanks Jill and Centre staff Lynne Spender, Gordon Renouf and former temporary project officers Anna Cody and Kirsty Gowans as well as student interns Alex Spark and Joumana Kisrwani for their contributions. The Centre particularly acknowledges the significant writing and editorial contribution of Jenny Lovric, a project officer at the Centre. We are most grateful to the Victoria Law Foundation for their support, without which the manual could not have been published. In addition to publishing the manual the Foundation provided materials germane to the project and organised a critical readers group of pro bono coordinators and others in Victoria. We greatly appreciate the time and effort that the members of the group gave to the project. The NPBRC thanks the Solicitors Pro Bono Group (UK) for generously allowing us to use information and documents from their Law Firm Pro Bono Manual. We are also grateful for the extensive contributions made by a large number of law firm pro bono coordinators, in particular by Annette Bain (Freehills), Robin Banks (Henry Davis York), Anne Cregan (Blake Dawson Waldron), Jane Farnsworth (Mallesons Stephen Jaques), Meghan Haire (Ebsworth & Ebsworth), Michelle Hannon (Gilbert + Tobin), David Hillard (Clayton Utz), Francene Kaleel (Allens Arthur Robinson), Fiona McLeay (Clayton Utz), Jennifer McVicar (Baker & McKenzie), Eloise Murphy (Minter Ellison) and Albert Yuen (Coudert Brothers). Thanks are also offered to John Emerson, Partner, Freehills, for writing section 2.5 Taxation issues and to Linda Rogers (Intellectual Disability Rights Service) and Jonathan Goodfellow (Disability Discrimination Legal Service Inc., Victoria) for work in preparing section 4.8 Clients with disabilities, and Robert Wheeler (Mental Health Advocacy Service) for providing comments. We also thank National Legal Aid and the Legal Aid Commissions for their contribution to section 4.3 Legal aid, the Public Interest Law Clearing Houses in New South Wales, Queensland and Victoria for providing materials, comments, information and other assistance and the New South Wales Law and Justice Foundation. Thanks also to the Victorian Attorney-General’s Pro Bono Secondment Scheme. The Centre is also grateful to the following firms for providing materials or contributing to the manual in other ways: Allens Arthur Robinson, Arnold Bloch Leibler, Baker & McKenzie, Blake Dawson Waldron, Clayton Utz, Corrs Chambers Westgarth, Coudert Brothers, Deacons, Ebsworth & Ebsworth, Freehills, Gilbert + Tobin, Harmers Workplace Lawyers, Henry Davis York, Herbert Geer & Rundle, Maddocks, Mallesons Stephen Jaques, Minter Ellison, Phillips Fox, Slater & Gordon and Sparke Helmore. Thanks also to other firms, people and organisations with whom the Centre consulted and who provided ideas or information as the manual developed. About the publishers The National Pro Bono Resource Centre The National Pro Bono Resource Centre is an independent, non-profit organisation that aims to support and promote pro bono legal services. The Centre receives financial assistance from the Commonwealth Attorney-General’s Department and the Faculty of Law at the University of New South Wales. Australian pro bono manual 4 Introduction Further information about the Centre, including details of the Centre’s publications, current activities and projects in development is available at www.nationalprobono.org.au The Victoria Law Foundation The Victoria Law Foundation is an independent public benefit organisation, established to enhance the community’s understanding of, and access to, a more responsive legal system. The Foundation is a plain language legal publisher, administers an extensive grants program, and provides support services to community and not-for-profit organisations to enhance access to the law.
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