The Pro Bono Challenge — And Opportunity — For Corporate Counsel By Benjamin W. Heineman, Jr. The American Bar Association, through its Pro Bono Committee, has been working hard to foster corporate counsel pro bono work. The Pro Bono Partnership is a unique and ambitious effort to encourage corporate counsel participation in pro bono work. This is the only program in the country of which we are aware that has been created by a corporate counsel bar association to provide its members with such innovative pro bono partnering opportunities. The Corporate Bar Association of Westchester and Fairfield is to be congratulated for the strong leadership stance it has taken in this arena. Jerome J. Shestack, President, American Bar Association Benjamin W. Heineman, Jr In 1993, the ABA House of Delegates adopted revisions to Model Rule of Professional Conduct 6.1. That rule now provides that each lawyer should try to provide pro bono service each year to persons of limited means or to non-profit organizations. Nine states have recently amended their pro bono ethical rule to emphasize this objective, and the ABA and local bar associations are supporting amendments in other states. A survey by the New York State Bar Association showed that, in general, members of the private bar provided two to three times more pro bono service than corporate counsel. Only about 25% of the corporate counsel surveyed provided any pro bono service, and of those, only a small fraction provided more than 20 hours of service a year. Concern about the unmet needs of the poor for legal services has prompted many state legislatures, including Connecticut, to consider making pro bono service mandatory for all in-state attorneys. There are many real reasons why inside counsel find it hard to provide pro bono service. One of them is the difficulty for lawyers in a corporate setting to find the right opportunity for the right amount of pro bono work on the right kinds of projects. The Pro Bono Partnership addresses that major issue by providing the 2,000 corporate counsel working in Westchester and Fairfield counties with clear and discrete pro bono opportunities to help non-profit organizations in the two-county area. It is carefully structured to connect the corporate bar to the non-profit sector, and to overcome the perennial problems that have inhibited inside counsel pro bono work. But to succeed, it will require the commitment of dedicated corporate counsel, and the strong leadership of general counsel. The potential rewards are enormous: helping the non-profit organizations that serve our communities; creating good will for our clients and our profession; and providing personal satisfaction and professional enrichment for the volunteer corporate lawyers. These benefits are illustrated by the following reaction of one of my colleagues, Mark Nordstrom, to his first Pro Bono Partnership assignment: As an in-house lawyer, I have always felt pro bono work was beyond the capability of in-house counsel. I now see that it is not. In fact, I was surprised to learn that labor and employment issues are among the most frequently raised concerns of the agencies served by the Pro Bono Partnership. My first assignment is to address several employment issues, including a Fair Labor Standards Act question, that have been raised by Bridge House, a not-for-profit agency whose mission it is to place adults with mental health disabilities in transitional work assignments. In my first visit to Bridge House I was struck by the genuine need that Bridge House fulfills - a need I was previously unaware of. I also met a number of highly capable and energetic staff members. Observing the working environment in which they function - the hectic pace, the disorder, their limited resources - the contrast between the resources available to in-house corporate counsel and those possessed by Bridge House staff was staggering. Both Bridge House and the Pro Bono Partnership understand that my ability to commit time is limited and that I must work on occasional, discrete projects. It appears, however, that such an arrangement is eminently possible and that both Bridge House and I can achieve enormous benefits from the association. I encourage all corporate counsel in Westchester and Fairfield counties to contact Rick Hobish at 914-328-0674 to learn more about the Pro Bono Partnership. And I encourage all leaders of the corporate bar to support this great new initiative launched by The Corporate Bar Association. Focus On Corporate Counsel Organization Leaders: Richard S. Hobish and Robert E. Healing: The Pro Bono Partnership Gives Inside Counsel The Chance To Give Something Back In this issue, the Editor interviews Richard S. Hobish, Executive Director, The Pro Bono Partnership, and Robert E. Healing, President, The Corporate Bar Fund, and Corporate Counsel for General Electric Company. They were instrumental in organizing the Pro Bono Partnership. The Partnership is helping corporate counsel provide pro bono legal service to non-profit organizations in the Fairfield and Westchester County areas. Editor: What is the Pro Bono Partnership? Richard S. Hobish, Executive Director, Pro Bono Partnership Hobish: The partnership is primarily a coordination and resource center that is designed to help inside counsel who would like to provide pro bono legal service to non-profit organizations in the Westchester and Fairfield County areas. Editor: How does the Pro Bono Partnership work? Hobish: Our basic operating principle is very simple. We will reach out to the more than 800 non-profit organizations in Westchester and Fairfield counties to find those that have legal needs but can’t afford to hire counsel. We will then match their specific legal needs with the skills and available time of inside counsel who are interested in providing pro bono service to community organizations. We call the project the "Pro Bono Partnership" to emphasize our role in screening non-profits’ requests for legal help and forming teams of inside and outside counsel in order to fully serve the needs of the non-profit organizations while making sure that the volunteer lawyers receive assignments that are consistent with their skills and available time. Healing: As Rick said, the concept is simple – connecting inside lawyers to community needs that match our skills. Local non-profits are obvious candidates for this type of service because many of them have virtually the same employment, contract, corporate, tax and real estate issues as our corporate clients. And we are discovering that many of them, particularly the newer and smaller groups serving the most disadvantaged segments of our communities, have very limited access to even the most basic legal services. Editor: Rick mentioned partnering with outside counsel. How will that work? Robert E. Healing, President, The Corporate Bar Fund Healing: In many cases we believe that ad hoc partnerships of inside and outside counsel will be the most effective way to serve a non-profit’s needs. Because they generally have a closer association with the local communities, outside counsel currently provide the majority of pro bono service to community service organizations. Those lawyers have told us that they would really welcome additional assistance from inside counsel. And bar association leaders, such as Pete Costas, President of the Connecticut Bar Association, see this as an obvious way to increase cooperation between the inside and outside segments of the bar, and have been very supportive. Hobish: Also, some projects will require an understanding of local legal issues and practices. In those cases, it will be very helpful for the inside counsel to have access to local counsel. In short, we believe that creating teams of inside and outside counsel when needed will benefit both groups and provide more effective service to the non-profit organization. Overall, the response of outside counsel has been extremely encouraging. Most of the firms we have talked to are anxious to participate because they see this as a way to bring new players into the pro bono arena. Editor: This sounds a lot like the Project: Teamwork initiative at Lawyers Alliance for New York. Is this patterned on Lawyers Alliance? Healing: Very much so. First, we’re extremely grateful to Allen Bromberger, Executive Director of Lawyers Alliance, and to his Board for their terrific support and encouragement – and the wonderful example they set by providing nearly $100 million of pro bono legal service over the past 25 years. I was particularly encouraged by the success of their Project: Teamwork initiative in overcoming the traditional impediments that face inside counsel who would like to provide pro bono service. Second, their experience confirmed our belief that inside counsel could provide effective pro bono services to non-profit organizations without extensive training or being subjected to the type of schedule disruptions, such as administrative hearing dates, that could result from providing pro bono services to individual clients. We’re also very pleased that Lawyers Alliance did not object to us recruiting Rick, who had been their Deputy Director, to head up this project. Rick’s energy, commitment to public service and experience made him the perfect person to head up the Partnership. Editor: Why is the Partnership focusing on Westchester and Fairfield counties? Healing: The Partnership was created by The Corporate Bar Fund which, in turn, was established and is supported by members of The Corporate Bar Association of Westchester and Fairfield, Inc. So we created the Partnership in large measure as a service to the more than 2,000 inside counsel living or working in the two-county area, to make it easier for them to provide pro bono service to their communities. If only 10% of those inside counsel come forward to participate in various projects as their time permits, we will have channeled an incredible amount of legal talent into the community service sector – and early indications suggest that we will be able to do much better than that. Also, we decided to locate our offices in White Plains to provide a balanced presence for The Corporate Bar, which has offices in Stamford, but serves inside counsel in both counties. We have also received terrific encouragement from Dick Ottinger, Dean of the Pace University Law School in White Plains, and are looking forward to developing a relationship with the law school that will enable us to draw on its tremendous resources and provide opportunities for its students to assist in our service to local non-profits. Editor: Is there a real need there since the communities in these counties are among the most affluent in the country? Hobish: Since we opened our office in November, I spent considerable time meeting with leaders in the non-profit communities in Westchester and Fairfield counties. These meeting confirmed what I had already suspected – that despite the concentrations of wealth in the two-county area, poverty and its corresponding problems abound. For example, Westchester has the highest per capita homeless rate in the country and some of its most densely populated cities. Shortages in day-care slots, affordable housing and food to feed the hungry are real problems that the hundreds of non-profit organizations in both counties are working to address. It is my strong conviction that by providing legal assistance to these organizations, our volunteers are having a direct impact on the ability of these organizations to fulfill their missions of helping the poor. Editor: How will the Partnership help inside counsel? Healing: I think the Partnership can help in many ways. First, the initial response by members of The Corporate Bar has shown us that there are many inside counsel who would like to use their skills to give something back to their local communities. However, as a result of career relocations, and the fact that many corporate practices are national or international in scope, inside counsel often are not that familiar with their local community organizations. In my own case, for example, I have had an interest in public service since entering law school, but have relocated several times in my GE career, which has made it difficult to identify community legal needs that I could readily address. Hobish: The Partnership will help primarily by locating community needs that match inside counsel skills – and, when necessary, partnering the corporate counsel with a locally admitted counsel. Our staff has expertise in the laws affecting non-profit and tax exempt organizations and will create a series of seminars and a library of documents and reference materials which will be focused on the legal needs of non-profit organizations. In addition, the Partnership provides professional liability insurance since inside counsel often cite the lack of that coverage as a deterrent to pro bono service. In short, we see the Partnership a full service provider of pro bono opportunities – and will be sure we find opportunities with the size, complexity, legal specialty and scheduling requirements that fit the capabilities of our inside counsel volunteers. Editor: Can you provide some examples of non-profit legal needs that can be served by corporate counsel? Hobish: One of our first projects is in Bridgeport, Connecticut, where a neighborhood community center asked for help in reviewing its employment practices and acquiring additional facilities to expand its programs. Every day, this client provides after-school sports, tutoring and arts activities to 500 underprivileged kids in Bridgeport but couldn’t afford to hire outside counsel for these needs. At our first meeting with the client, we also met one of its directors, Max Medina, a partner in Zeldes, Needle & Cooper, who is very active in the local non-profit community. When Max heard about the Partnership, he was very enthusiastic and assured us that there were many other non-profit organizations in Bridgeport that could benefit from the same type of service, and has introduced us to a number of them. Some of our earliest volunteers were from Xerox, and we have introduced them to Max and the executive director of the community center and they have already begun work on its legal needs. The reactions of both the Xerox lawyers and the client were fantastic – confirming my belief that there is an enormous reservoir of expertise and good will among inside counsel that the Partnership can channel into community needs. We view this partnership as a model that we hope to replicate throughout the two-county area. Healing: In the last two months alone, Rick has identified dozens of discrete legal projects for our volunteers ranging from the review of service provider and supplier contracts, leases, financing documents, personnel policies and practices and the like, to advice on COBRA requirements, corporate structure and governance, limiting liability under New York’s Good Samaritan Act and even trademark issues. The majority of the agencies with these needs are involved in providing front-line hunger relief programs, affordable housing and homelessness prevention, or other neighborhood revitalization or economic development opportunities for the disadvantaged segments of our communities. And many of the agencies have similar needs, so that we will be able to easily leverage the work of our volunteers by adapting it to other organizations with similar needs. Editor: Why should a corporate counsel consider volunteering to provide pro bono legal services? Healing: There are many benefits for inside counsel. First, I believe that using our professional skills to really help a community service organization can be a personally rewarding experience. I believe it can also be professionally enriching by exposing us to somewhat different legal needs, client environments and other inside and outside counsel that we might not otherwise encounter in our daily practices. Also, such service can benefit our corporate clients by leveraging their existing commitment to local community organizations and volunteerism in general – as well as enhancing the image of the corporate community as a responsible contributor to the overall well-being of our society. Finally, of course, it will help us fulfill a responsibility under the model rules of professional conduct which encourage each lawyer to provide at least 50 hours of pro bono service per year. I think this is a particularly appropriate effort now in light of the increasing significance of the inside segment of the bar – and the increasing significance of the non-profit segment of our society. Editor: Why did you decide to become involved in the Pro Bono Partnership? Hobish: For the last ten years I have devoted most of my professional energies to the non-profit and public interest sector. I first became involved in the public interest sector through my wife, who was a lawyer for Legal Aid and the Attorney General’s office in New York for a number of years. I first learned of the Pro Bono Partnership when Bob came to the Lawyers Alliance looking for ideas on how to set up the Partnership. I was very impressed by Bob’s enthusiasm for the project, and living in Westchester, I was well aware of the need for this type of service in suburban areas. I was also attracted to the challenge of creating an entirely new organization and running the project. Healing: In the several years that I have been a director of The Corporate Bar, the board frequently discussed how the association could help our members provide pro bono services in a sustained and meaningful way. I was truly amazed by the commitment of my fellow directors to this effort – but initially daunted by the many impediments we encountered in trying to achieve this goal. When Paul Yestrumskas, General Counsel of Playtex Products, was President of the association, he and I outlined the key concepts that we have incorporated into the Partnership. We finally put it together when Ben Heineman, GE’s General Counsel encouraged me to pursue the project and Joe Geoghan, General Counsel of Union Carbide, strongly supported the effort during his presidency of The Corporate Bar. Editor: How will this really help local communities? Hobish: By bringing experienced legal resources to bear on the needs of the non-profit organizations serving these communities, the organizations will simply be able to focus more of their efforts on their critical missions. In fact, we’re finding that many of the non-profit organizations in the two-county area are simply unable to afford legal services of any type. We will also help local non-profits avoid legal issues that would divert scarce resources by conducting periodic seminars to educate the organizations on basic legal principles applicable to their activities. For example, I recently conducted a seminar for approximately 30 non-profit leaders on the various state and federal laws that affect them as a result of the non-profit and tax exempt status of their organizations. Also, Sarah Gorman, the Associate General Counsel-Human Resources at GE Capital, will work with her employment counsel colleagues in The Corporate Bar to coordinate a similar seminar focusing on employment law issues. This is an area where virtually all of the non-profits are looking for help. Editor: How is the Partnership going to be funded? Hobish: Primarily by contributions from corporations, foundations, and individuals. To date, we have raised about 25% of the funding we will require to operate for the next two years, in large part through substantial start-up contributions from the GE Fund, Bell Atlantic, Union Carbide, Xerox, the Weil, Gotshal & Manges Foundation, the Westchester Community Foundation, The Wallace Law Registry and Wiggin & Dana. We think the remaining funding will be forthcoming as we demonstrate that the Partnership is really helping our inside counsel address community needs and our professional responsibilities. Editor: Who helped you put the Partnership together? Healing: A very long list of people – starting with you. As you may recall, almost two years ago when we discussed this concept, you suggested I meet Rick to learn about Lawyers Alliance. Since then, I’ve been greatly encouraged and inspired by all of the members of our Board of Directors, particularly Manny Schultz, the retired General Counsel of Triangle Industries who has devoted his retirement to community service and Kate Woodman, General Counsel of RT Vanderbilt. They have all been an absolutely indispensable help in putting the Partnership together. Also, Leslie Freed and the Wallace Law Registry were instrumental in conducting the search for an Executive Director, which confirmed that Rick was the perfect candidate for the job. Perhaps most importantly, I have received unfailing support from all of my colleagues at The Corporate Bar Association, particularly the most recent past presidents: Lynne Tomeny from General Signal, Joe Geoghan from Union Carbide, Ed Lahey from Pepsico, Bill Ellis from Sidney Frank Importing, and Paul Yestrumskas. And, I have been encouraged by the incredible support I have received from my colleagues at General Electric. Hobish: I would be remiss not to also recognize and thank the entire Board of Directors, who have all provided terrific help and encouragement, and Bob, Manny and Kate in particular for their unwavering support for this project. Without their enthusiasm, energy and commitment, The Partnership would not exist. Editor: What is your ultimate objective for the Partnership? Hobish: Very simple – we want to create a sustainable way to help inside counsel make a high impact contribution to their communities by connecting their legal skills to community needs.   Benjamin W. Heineman, Jr., is Senior Vice President, General Counsel and Secretary, General Electric Company, Fairfield, Connecticut. Reprinted by Permission of The Metropolitan Corporate Counsel