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Law for The Poor

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2392 FORDHAM LA WREVIEW<br />

[Vol. 78<br />

approval by counsel, the pro bono committee, and senior management,<br />

"depending on the matter's sensitivity." 144 To cast greater light on the<br />

selection process, we asked survey participants to rank the importance of<br />

various factors on a scale of zero to five. Table 7 reports the results.<br />

Table 7: Factors Influencing Case Selection (N=56)<br />

Factors Mean CI Low* CI Hit Responses<br />

<strong>The</strong> case is likely to<br />

provide good training <strong>for</strong> 3.92 3.72 4.12 52<br />

associates<br />

<strong>The</strong> case involves an<br />

issue likely to appeal to 3.73 3.49 3.97 52<br />

firm associates<br />

<strong>The</strong> case is referred by a<br />

nonprofit legal<br />

organization with which 3.56 3.34 3.78 52<br />

the firm desires to<br />

establish or maintain a<br />

good relationship<br />

<strong>The</strong> case is not likely to<br />

strain the firm's resource 2.96 2.68 3.25 52<br />

capacity<br />

<strong>The</strong> case involves an<br />

issue favored by partners 2.76 2.44 3.09 51<br />

<strong>The</strong> case is likely to<br />

result in good publicity 2.39 2.07 2.71 49<br />

<strong>for</strong> the firm<br />

<strong>The</strong> case involves an . . 25<br />

issue favored by clients 1.86 1.47 2.25 51<br />

• CI Low = Confidence Interval Low<br />

t CI Hi = Confidence Interval High<br />

For most firms, the key factors guiding case selection are opportunities<br />

<strong>for</strong> training and appeal to associates. 145 A desire to establish or maintain<br />

relationships with nonprofit referral organizations is also significant.<br />

Attracting publicity and accommodating clients play relatively minor roles.<br />

Of somewhat greater importance are the preferences of partners and<br />

budgetary constraints.<br />

Certain cases are out of bounds because of actual or positional conflicts<br />

of interest. Positional conflicts involve matters that do not require<br />

disqualification under ethical rules, but are likely to offend existing or<br />

144. Survey Respondent 53.<br />

145. Case selection is also driven by a strong interest in selecting cases that will make a<br />

difference in people's lives and have social impact. Our question assumed these factors to<br />

be important and focused on organizational considerations.

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