Roy Ginsburg, J.D.612-812-4500roy@royginsburg.comwww.royginsburg.com© 2007 Roy S. Ginsburg, J.D.

The Business Case for Pro Bono

The Business Case for Pro Bono

Pro BonoMakes Cents

Pro BonoMakes Cents

Roadmap

• The need• Economics of pro bono• What’s in it for me?• What’s in it for my law firm?• What’s in it for my profession?

What Pro Bono Means

• “For the public good”• Responsibility to ensure equal access to

justice for greater public good• Quid pro quo Society provides exclusive license Give back to society

The Need

• 80% of civil legal needs of low-income Americans go unmet.

• Many poor only have access if pro bono legal services are provided.

Rule 6.1 of the WI Rules of Professional Conduct

• “A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year.”

How Do You Compare?

ABA Survey

80% perform• Private practice - 85%• Corporate - 65%

56.5 hours is the average 1/3 - 50+ hours

Pro Bono Service Feels Good

Why did you go to law school anyway?

• Make a difference • Personal gratification• Role model• Cheap insurance policy• More to life than billable hour• Grounds you

“Really, I’m fine. It was just a fleeting senseof purpose—I’m sure it will pass.”

“I’ve been naughty,but mommy does a lot of pro bono,

so she’s nice enough for both of us.”

“Well, well. If it isn’t Mr. To-Hell-With-Pro-Bono.”

“I’m kinda surprised I got in here.I guess taking that pro bono

case really paid off.”

What Will Your Obituary Say?

Attorney Coach/Consultant. Business development consultant and career counselor to lawyers. Helped rich lawyers become even richer.

v.

Attorney Coach/Consultant. Management consultant to lawyers. Provided pro bono counsel to foster children for years.

It’s Not Just About Tenant Evictions or Divorce

• Non profits• Micro Enterprises• Impact Litigation• Human Rights• Military• Asylum

• Civil Rights• Child Advocacy• Environmental• Clinics• Death Penalty• Criminal/Prisoner

Rignts

“Yes, I volunteer, butnot to do your chores.”

Economics• Myth: Every pro bono hour is

a lost billable hour• Reality: Pro bono hours are

add-ons to normal billable work

• Firms committed to pro bono service remain profitable

Top 5 Firms Law Firm Profits/Partner

#1 Jenner/Block (87% - 175) $ 1,200,000#2 Arnold/Porter (94% - 140) $ 1,300,000#3 Wilmer (78% - 153) $ 1,500,000#4 Hughes/Hubbard (92% - 123) $ 1,900,000#5 Paul, Hastings (98% - 110) $ 2,200,000

#43 Foley (65% - 58) $ 960,000#83 Quarles (40% - 43) $ 455,000

What’s In It For Me?• Skill Enhancer

All types - new or old More autonomy Less stressful (at times) More diverse clientele and forum - expands

perspective Builds confidence

• Break from monotony• Free CLE

What’s In It For Me?

• Enhance Personal Reputation Become known within

• Firm• Bench• Profession• Community

What’s not to like about one who gives back?

What’s In It For Me?

• Enhance Personal Job Security/Opportunity

Expansion of personal network• Other firms• Clients - in-house opportunities• Outside the profession

What’s In It For Me?Client Development

New clients/referrals • Strategic - enlightened self-interest

Non-profit boards Cause supported by client

• Expertise/reputation in new field

Deepen existing relationships• Law firm/in-house/agency partnerships

What’s In It ForYour Firm?

• Enhance Firm Cohesiveness Increases morale/loyalty Builds new relationships Provides “natural” mentoring

opportunities Improves associate evaluation

process - more feedback, new oversight

What’s In It For Your Firm?

• Recruiting/Retention Attract/Retain

• Public-service oriented, value based culture• Those who recognize professional growth

opportunities• Want/need break from daily pressures/frustrations

Reduces turnover and accompanying costs Highest ranked firms by associates had direct

correlation to firm’s pro bono commitment

What’s In It For Your Firm?

Enhance Reputation

“It is no longer enough to measure business only by standards of profit, efficiency and market share. We must also ask how business contributes to standards of social justice.” - CEO, Timberland

What’s In It For Your Firm?

• Can tip the balance

• RFP’s• Quality lawyers are a dime a dozen• Clients want to be associated with

firms with character• Can be marketed tastefully

What’s In It For The Profession?

Confidence low, suspicion high System enables profession to be

powerful, wealthy and self-regulated Legitimacy dependent upon

meaningful participation Pro Bono service ensures meaningful

participation by all

It Pays To Be Good

“He that does good for good’s sake seeks neither paradise nor reward, but he is sure of both in the end.” –

William Penn