Firms Say Pro Bono Practices Won't See Cuts During a Recession and May Even Grow
Lawyers in the U.S., Australia and the U.K. say pro bono practices have gained in importance.
March 11, 2020 at 06:22 PM
5 minute read
If the coronavirus continues to slow the global economy to the point of a recession and law firms are forced to make cuts, it might be assumed that pro bono practices would be one of the first practice areas to be trimmed or culled.
But law firms around the globe insist they will maintain their commitment to their pro bono program if the economy worsens, and, in fact, history shows this is what happened during the last serious global slowdown.
"I was around in 2007 and 2008 and pro bono work actually increased," Susan Hoffman, pro bono partner at U.S.-based Crowell & Moring, said of the global financial crisis.
Despite the downturn, many law firms wanted to hold onto their talent, but at the same time, commercial work suffered a downturn, leaving lawyers with more spare time at work.
"Somewhat ironically, pro bono work during those years actually increased because I had people that said, 'you know, my commercial work has been in a bit of a downturn and the partner I'm working with encouraged me to go get a case where I could get some litigation experience and so I'm here at your door,'" she said.
Additionally, some firms that had made job offers to graduates didn't want to let them go so they offered to pay their new associates to work for a year at a legal aid organization before joining the firm.
Washington-based Hoffman expects the same dynamic to play out again this time around, with firms ensuring they will hold on to their hard-won talent and keep them busy with pro bono work.
Crowell & Moring is not alone.
Eve Runyon, president and chief executive of the U.S.-based Pro Bono Institute, said that during the recession of 2008 and 2009, firms had significant layoffs both of lawyers and staff and revenues fell. But, she said, "pro bono remained a bright spot."
While total hours dipped slightly, signatories to PBI's Law Firm Pro Bono Challenge initiative reported more than 4 million hours of pro bono work. "This speaks volumes to the commitment of law firms to pro bono," she said.
Since then, pro bono work has increased to more than 5 million total hours.
"Pro bono teams are already leanly staffed. To conduct widespread layoffs of these professionals would gut pro bono management. It also could communicate to staff a lack of commitment to pro bono during a time when morale is at its lowest," Runyon said.
It's a similar story elsewhere.
"I think you would expect that pro bono would possibly be reduced in size in the event of a downturn, but actually, we found the opposite," said Gabriela Christian-Hare, chief executive of Australian Pro Bono Centre.
She said firms maintained their commitment to pro bono between 2008 and 2010 despite suffering "significant economic pressures."
A survey by the Australian Pro Bono Centre revealed that while the number of fee earners fell by approximately 13% in those two years, the amount of pro bono work performed both for disadvantaged individuals and not-for-profits actually grew during the same period.
"Essentially what we see is that pro bono is not a fair-weather pursuit, and after this many years of growth and with it being so established now as a practice area in all of the top firms, it's really not a passing fad," Christian-Hare said. "Even when there have been times when firms have had to tighten their belt, the amount of pro bono work performed by firms has continued to grow."
Christian-Hare said the firms that made the most significant commitment to pro bono during the last slowdown were those with dedicated pro bono partners and coordinators who ensured the pro bono culture remained fully enmeshed into the firms' practice.
U.K.-based Ashurst said pro bono is core to its culture and it will continue to increase its support for the practice.
The firm says its full-time global pro bono team has grown significantly over the last five years and includes three full-time pro bono managers, a pro bono senior associate, a pro bono lawyer, a pro bono consultant, a pro bono practice executive, a pro bono trainee and, as of this month, two pro bono graduates. The team is further assisted by local pro bono champion lawyers and partners in every Ashurst office, the firm said.
"Our commitment to servicing the legal needs of our most disadvantaged communities will continue in periods of external challenge and global downturn," said partner Sarah Morton-Ramwell, global head of the pro bono and corporate responsibility practice.
Australian firm Gilbert + Tobin is one of a handful of firms around the world with two full-time pro bono partners, neither of whom expects the number of staff or resources allocated to pro bono to be cut in the event of a deep downturn.
"Certainly at the last downturn, that wasn't even considered. We didn't want to make anyone redundant," said pro bono partner Michelle Hannon, who has been at the firm since 2008.
As with other firms, the amount of pro bono work at Gilbert + Tobin actually increased as firm leaders sought to keep staff busy, she said.
"Hopefully, the downturn won't be too severe and we won't be facing those sorts of questions," she added. "But if it's that bad for us, then God knows how bad it's going to be for the client base we represent."
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