Law for The Poor

2010] MANAGING PRO BONO
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reported that pro bono performance is part of individual lawyers' overall
performance evaluations. The knowledge that pro bono work will matter in
these reviews provides some incentive to maintain quality standards.
Another important check, reported by about one-quarter of responding
firms (n=13), is partner supervision of all pro bono matters. One attorney
whose firm had "a partner on every pro bono matter" saw it as a way to
"make pro bono work the same as commercial work." 153 Yet, "[i]n reality,
not every case goes that way." 154 Despite efforts to guarantee partner
supervision, many counsel nonetheless conceded that "monitoring cases is a
large challenge."' 155 At times, it is simply difficult to get overcommitted
partners to pay attention to unpaid matters under their supervision. As one
counsel put it, "I strongly believe that most partners are not focused on pro
bono, so someone else has to catch trips and falls." 156 For this counsel, the
lack of partner oversight caused "a great deal of headaches. Getting more
partner involvement is critical."' 1 57 Supervision breaks down not simply
because partners are "too busy," but also because associates may be too
"intimidated" to ask for help. 158 Partner expertise can also be a problem.
Although one counsel noted that "[e]very matter has a supervising partner,"
she acknowledged that "in some areas the associate knows more than the
partner."1 59
Firms take different steps to address the oversight issue. One firm had a
new program putting "senior partners in a godparent role with senior
associates. These godparents can provide general guidance on pro bono
matters. This gives partners an ownership role even if they have limited
time." 160 More commonly, pro bono counsel served a backstop function.
As one counsel explained, "Ultimately, in theory, the billing partner for
each matter should be responsible. In practice, that doesn't always happen
so it is me who monitors. I don't have [a] formal monitoring program, but I
follow up when I need to because I know what is going on." 161 Another
counsel described how the firm sent an annual request for status updates to
all partners supervising pro bono cases. When the response was, "'Is this
my case?' That's when you intervene. ' 162 To avoid cases falling through
the cracks, another firm required three approvals to open pro bono cases:
the first by the supervising partner, the second by the chair of the associate's
practice group, and the third by pro bono counsel. Not only did this
enhance oversight, it also served other goals. As counsel explained, "I track
everything in all of our offices. I do that because I have a lot of priorities of
153. Interview 9 (Aug. 24, 2009).
154. Interview 21 (Sept. 1, 2009).
155. Interview 8 (Aug. 11, 2009).
156. Interview 13, supra note 80.
157. Id.
158. Interview 21, supra note 154.
159. Interview 8, supra note 155.
160. Interview 15 (Aug. 21, 2009).
161. Survey Respondent 24.
162. Interview 26 (Aug. 25, 2009).