Law for The Poor

2010] MANAGING PRO BONO
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and say, 'You are so lucky to have me,' we could ruin relationships for a
long time." 348 Conversely, "[i]f A+ law students go back to firms [after
their placements] and those law firms have the sense that their quality has
decreased, that could be disastrous as well" in terms of ongoing support for
pro bono work. 349
e. Programmatic Shifts
Although in most firms, the recent economic downturn appeared to
involve only short-term restructuring, a few reported longer-term
programmatic changes. For example, one firm imposed a one hundred-hour
cap on the amount of pro bono time that would count toward billable
requirements. According to counsel, "that put a chill on participation....
Now if you have impact litigation, the firm will rotate associates so they
won't be penalized. Some people who are leaving the firm are blaming
their pro bono work. ' 350 Another firm more dramatically reconfigured its
program for first- and second-year associates. At this firm, new lawyers
will divide their 1800 annual hours evenly between billable work, pro bono
work, and training, which will include attending trial advocacy courses,
shadowing partners at meetings and depositions, and spending time with
major clients' in-house counsel. 351 Although this new program was not
directly precipitated by the recession, current economic conditions have
reinforced its appeal. Corporate clients are increasingly reluctant to pay for
junior associate work on cases because they add insufficient value. 352
IV. PRO BONO IN PRACTICE: POWER, PROFESSIONALISM, AND THE
POSSIBILITY OF REFORM
The rise of organized pro bono programs raises important questions
about the evolving relationship between public service, professional ethics,
and the economic imperatives of large-firm practice. One objective of our
study was to illuminate these broader issues and to understand the influence
that pro bono leaders have on pro bono outcomes.
A. The Role of Pro Bono Counsel
1. Mediating Pro Bono Constituencies
As our findings make clear, the quantity and quality of pro bono services
within large law firms reflects the competing interests of multiple
stakeholders: partners, associates, and pro bono counsel inside the firms,
and nonprofit legal groups and their clients on the outside. Pro bono
348. Id.
349. Id.
350. Interview 15, supra note 160.
351. Interview 21, supra note 154.
352. Id.