Law for The Poor

2414 FORDHAM LA W REVIEW
[Vol. 78
* "I believe that once the dust fully settles, we will see fewer firms
offering unlimited billable hour credit for pro bono work." 300
A related concern was how policies on conflicts of interest might affect
provision of services to those most affected by the recession. On issues like
foreclosures, "The greatest challenges include finding a mechanism through
which law firms are able to represent, pro bono clients . . . which [is]
currently limited due to conflict issues, and ensuring that we continue to
make a significant impact on low-income communities as their legal needs
increase as a result of the economic crisis." 30 1
b. Organizational Slack and Firm Signals
As a result of the recession, most firms faced issues of "organizational
slack"--too many attorneys for too little work. The creation of this "excess
capacity," as many respondents termed it, 302 produced two primary
responses, which cut in different directions for pro bono participation.
During the first wave of the slowdown in 2008, many firms initially decided
to reallocate associates rather than to reduce excess capacity, an approach
consistent with deferral policies. The objective was to avoid the problems
of the dot-com era, when firms overreacted with layoffs, incurring all the
associated morale and reputational costs, and then found themselves
without sufficient lawyers when the market recovered faster than
anticipated. To avoid replicating these problems, firms typically responded
by encouraging underemployed attorneys to take on pro bono work, which
accounted for the reported increase in pro bono hours among firms in the
The American Lawyer's 2009 ranking. 30 3 In many ways, this was a
marriage of convenience: a way to allow firms to retain talent, promote
skills development, and respond to growing legal needs. Both sides of the
pro bono market--supply and demand-were up, and firms responded by
increasing participation firmwide and within departments especially hard
hit by the recession:
* "We are seeing more [pro bono] work because we are now making it
easier for people to find cases that they want to handle." 30 4
" "In the short term, the recession has been positive in terms of
increasing [pro bono] participation. " ' 30 5
* "Opportunities have been occurring for the past year or more as
underutilized attorneys at large law firms have turned to pro bono
work to keep busy." 306
300. Survey Respondent 3.
301. Survey Respondent 25.
302. See Interview 9, supra note 153; Interview 11, supra note 200; Interview 21, supra
note 154; Interview 26, supra note 162; Interview 29 (Aug. 31, 2009).
303. See Bario, supra note 1.
304. Interview 3 (Aug. 12, 2009).
305. Interview 2, supra note 215.
306. Survey Respondent 39.