Law for The Poor

2378 FORDHAMLAWREVIEW
[Vol. 78
increasing the pro bono score by nearly seven points. Both relationships
were statistically significant. By contrast, full-time nonlawyers had no
statistically significant effect. Such correlations do not, of course, establish
causation. The concerns that inspired creation of a counsel position could
also have influenced firm culture in other ways that affected pro bono
scores. Our data do not reveal other changes that might have accompanied
the creation of a pro bono counsel position, such as changes in policies
toward billable hour credit for pro bono work and expansion of
opportunities for participation. Other research, including Deborah Rhode's
empirical study, underscores the importance of such factors. 93 Still, it is
plausible to assume that the appointment of a full- or part-time lawyer as
pro bono counsel could have some effect if that person was skilled in
identifying barriers to involvement and in finding cases that matched
attorneys' skills and interests.
3. Quality?
Although external pressures created by rankings and bar initiatives have
had an indisputably positive influence on the amount of law firm pro bono
work, they have also had a less welcome effect on other, harder to measure
characteristics of an effective program. 94 One concern is that the focus on
"doing well" by the quantitative standards of The American Lawyer and Pro
Bono Institute may deflect attention from "doing good" under a broader
definition of the public interest. 95 While firms have strong incentives to
"up their numbers," they lack corresponding rewards for monitoring quality
or social impact.
Quality has multiple meanings that have distinct implications for
different constituencies. From the perspective of individual clients, the
term suggests effectiveness in handling their particular matter. Do their
volunteer lawyers provide representation of the same efficiency, dedication,
and competence that they offer paying clients? For large-firm lawyers,
quality may in part be a function of skills training and partner supervision.
Both pose challenges. In Rhode's 2008 study of leading public interest
organizations, about three-fifths expressed concerns about the quality of pro
bono assistance they received from private practitioners. 96 Although there
have been some widely reported instances of inadequate supervision, it is
unclear whether such failures reflect programmatic deficiencies or simply
93. See RHODE, PRO BONO, supra note 9.
94. By "quantity," we mean the number of pro bono hours and their distribution across
firm attorneys. Such measures say nothing about the kind of matters in which hours are
invested, which is part of what a more qualitative analysis would capture.
95. Rhode, Rethinking, supra note 9; Deborah Rhode, For Whose Good?, AM. LAW.,
July 2009, at 56.
96. Rhode, supra note 45, at 2071-72 (noting that fourteen percent experienced
extensive problems, thirty-three percent experienced moderate problems, and eight percent
experienced limited problems).