Law for The Poor

2010] MANAGING PRO BONO
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fees, relocation costs, and student loans. 295 Only one firm reported
assuming "all costs associated with placed attorneys." 296
An additional tension can arise in nonprofit organizations that have
experienced their own waves of layoffs. Some public interest leaders
cannot help but feel that if firms were motivated primarily by a desire to
advance the public good, they would be helping to subsidize the nonprofit
lawyers who had to be let go during the downturn, not pushing to place
their own untrained associates. 297 It remains to be seen whether firms, bar
associations, and law schools can work together in effectively addressing
those frustrations and defraying some of the costs of temporary placements.
2. Long-Term Implications
The long-term implications of the recession for pro bono work are less
clear, but our study revealed some interesting themes and, in a few cases,
programmatic changes that could have enduring effects.
a. Holding the Line
One important theme involved the impact of the downturn on public
service commitments. Although the survey evidence did not reflect
dramatic changes in overall pro bono staffing and organization, some
counsel felt challenged in holding the line on participation. Maintaining
widespread participation was one concern:
* "[We need to make sure] that people don't shy away from this work
in order to meet their billable hour targets. Upper-level management
is continually reminding lawyers that they are all expected to do pro
bono work as part of their professional responsibilities-and that the
firm's commitment doesn't falter in difficult economic times ...
This is where the rubber hits the road." '29 8
* "My major challenge is overcoming the assumption that.., we can't
afford pro bono any more. My challenge is convincing them that we
can." 299
295. Only one firm reported paying administrative costs of the placement organizations
(Survey Respondent 23), and none were subsidizing office space. Four were paying for
malpractice insurance (Survey Respondents 11, 22, 23, 29), while two reported relying on
placement organizations to do so (Survey Respondents 39, 48). Six paid bar fees (Survey
Respondents 11, 22, 24, 39, 42, 47), two paid relocation costs (Survey Respondents 11, 42),
one subsidized vacation time (Survey Respondent 11), and another paid for student loans up
to $1000 a month (Survey Respondent 47).
296. Survey Respondent 2.
297. This view has been expressed to the authors privately on a variety of occasions. It
also may be true, however, that some public interest groups have used the downturn as an
opportunity to lay off some of their least effective staff, knowing that they could replace
them on a short-term basis through pro bono placements.
298. Interview 1, supra note 230.
299. Interview 22, supra note 163.