Pro Bono Clearinghouse Manual: Resources for developing pro bono legal services- A4ID and PILnet
Big Law Pro Bono and the Small Business Client Law Pro Bono and the Small Business Client ......
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Big Law Pro Bono and the Small Business Client Andrea Beleno Harrington, Texas C-BAR - Legal Assistance to Microenterprises Project, Austin, TX Ellyn Haikin Josef, Vinson & Elkins, Houston, TX This session will address strategies - including training, resource materials, staff attorney support, and managed clinics - for providing effective counseling to small business clients. The session also will explore how differences in race, class, and education between volunteer attorneys and low-income small business clients can affect the attorney-client relationship.
Transcript of Big Law Pro Bono and the Small Business Client Law Pro Bono and the Small Business Client ......
Big Law Pro Bono and the Small Business Client
Andrea Beleno Harrington, Texas C-BAR - Legal Assistance to Microenterprises
Project, Austin, TX
Ellyn Haikin Josef, Vinson & Elkins, Houston, TX
This session will address strategies - including training, resource materials, staff attorney
support, and managed clinics - for providing effective counseling to small business clients. The
session also will explore how differences in race, class, and education between volunteer
attorneys and low-income small business clients can affect the attorney-client relationship.
2015 Equal Justice Conference
Big Law Pro Bono and the Small Business Client
Andrea Beleno Harrington
Texas RioGrande Legal Aid/Texas C-BAR
4920 N. IH-35
Austin, Texas 78751
Ellyn Haikin Josef
Pro Bono Counsel
Vinson & Elkins
1001 Fannin Street, Ste. 2500
Houston, Texas 77002
Marc Vockell
Executive Director of Litigation
Dell, Inc.
1 Dell Way, MS RR1-33
Round Rock, Texas 78682
and serves as Pro Bono Lead for Austin IP Inn of Court
Brief Description:
This session will address strategies - including training, resource materials, staff attorney
support, and managed clinics - for providing effective counseling to small business clients. The
session also will explore how differences in race, class, and education between volunteer
attorneys and low-income small business clients can affect the attorney-client relationship.
Program Goals (what you will learn):
1. Identify educational, linguistic, and economic gaps between volunteer attorneys and
clients that hinder effective pro bono legal assistance.
2. Craft long and short term strategies to bridge those gaps
3. Implement strategies targeting both volunteer attorneys and small business clients to
bridge the gaps that hinder effective pro bono legal assistance.
Topical Outline:
I. Introductions
a. Andrea Beleno Harrington
i. Pro Bono Program Attorney for Texas C-BAR & Legal Assistance to
Microenterprises Project
b. Ellyn Josef
i. Pro Bono Counsel for Vinson & Elkins
c. Marc Vockell
i. Litigation Director for Dell Inc., and Pro Bono Lead for the Austin IP Inn
of Court
II. Who are clients?
a. Business owners/entrepreneurs
i. Established businesses v. start-ups
b. Low-income/low capacity
i. Familiarity with industry
ii. Compliance capacity
iii. Financial resources
iv. Personal resources
c. Education level
i. Vocabulary/reading level
d. Language barriers
i. English as a second language
ii. Hearing impairments other disabilities
e. Race
i. Cultural competency issues
f. Gender
i. Single parents
g. Rural v. urban v. suburban
i. Access to transportation, legal services
III. Who are volunteers?
a. Pro bono attorneys
i. Individuals motivated to help
ii. What are barriers for volunteers
b. Big Law
i. Resources: mentors, financial
ii. Conflicts issues
iii. Expectations of clients - assumptions
c. Corporate Counsel
i. Resources: mentors, financial
ii. Conflicts issues, industry or competition
iii. Expectations of clients - assumptions
d. Highly specialized
i. Competence/comfort level other areas of law
e. Education level
f. Language access
i. Vocabulary/legalese
g. Race
i. Cultural competence issues
h. Gender
i. Rural v. urban v. suburban
i. Accessibility to clients
IV. Pro Bono Legal Services
a. Clinics
b. Start-up and formation services
c. Contracts and other transactional documents
d. Voluntary compliance
e. Litigation
V. Elements of Effective Delivery of Pro Bono Legal Services
a. Effective communication
b. Shared expectations
c. Accessibility
VI. Strategies for Effective Delivery of Pro Bono Legal Services
a. Short-term
i. Education for clients and volunteers
ii. Managing expectations
iii. Providing resources for volunteers
iv. Providing resources for clients
b. Long-term
i. Collaborations with other organizations
ii. Understanding and addressing barriers for volunteers
iii. Contributing to awareness of issues in providing legal services to the poor
VII. Implementation Issues
a. Staffing
b. Education
c. Cost
A CONVERSATION ON MAKING EFFECTIVE CONNECTIONS
This presentation is generously sponsored by the
Corporate Counsel Section of the State Bar of Texas
Hello!
Aspen Institute – 5 year study of
microenterprises
13.8 million self-employed people nationwide
Estimated that 2 million (15%) of those are low-income entrepreneurs
2-5% of people seeking to end dependence of TANF
Working poor; income patchers
Caregivers seeking flexible schedules
People with disabilities
Refugees/immigrants
Recently unemployed
Aspen Institute – 5 year study of microenterprises
Readiness for legal services
Financial literacy
Entrepreneurial education
Familiarity with attorneys & legal services
What can lawyers do/not do
Language access
Geographic access & technology fixes
Cultural competence
Partners
Associates
Litigators v. Transactional
Practice Areas/Specialized Skills & Knowledge
Opportunities for teamwork Within practice areas/firm, with clients/corporate counsel
Opportunities for community involvement
Opportunities for professional development (practice & learn new skills, new areas of law, skill retention & practice)
Opportunity to work with clients diverse backgrounds and circumstances
Litigators v. Transactional
Practice Areas/Specialized Skills & Knowledge
Opportunities for teamwork Within company – different teams, departments, with law
firms
Opportunities for community involvement
Opportunities for professional development (practice & learn new skills, new areas of law, skill retention & practice)
Opportunity to work with clients diverse backgrounds and circumstances
Effective Communication
Shared Expectations
Accessibility
Results from Austin IP Inn of Court Pro Bono Survey 2015 – “Overcoming Barriers to Pro Bono”
53% 38%
2% 6% 1%
Time Requirements
Lack of Knowledge or
Expertise
Potential Conflicts of Interest
Fear of Malpractice Claims
Do Not Know Where to Find
Projects
Opportunity to
Learn Something
New
33%
Helping the Needy
50%
Staying Connected
with Other
Attorneys in the
Community
10%
Expectation of
Employer
7%
Law School
8%
Firm / Company
Initiatives
42%
Colleagues
23%
Legal
Organizations
8%
Your Own
Research
11%
Other
8%
Formal Training
Program / CLEs
22%
Working on a
Project with More
Experienced
Lawyers
35%
Shadowing Other
Volunteers
20%
Having a
Mentorship
Program with
Lawyers from the
Pro Bono
Organization
22%
Other
1%
Making co-workers
or bosses aware of
your pro bono
work
18%
Taking on limited
roles within the pro
bono project
26%
Taking on projects
that are only short
term (such as
clinics)
31%
Sharing project
responsibilities
with co-workers or
other volunteers
23%
Other
2%
Personal Growth
Mentorship
Future Clients
Networking
FOR THE EFFECTIVE DELIVERY OF PRO BONO LEGAL SERVICES
Client education
Pro bono attorney education
Expectation management
Resources for clients
Resources for pro bono attorneys
Screen for compatibility
Collaborations with partner organizations
Identifying and addressing barriers for volunteers
Contributing to awareness of poverty law issues
Screen for compatibility
Staff time
Volunteer recruitment, education and support
Pro bono intake, screening, and case management.
Education
Community legal education for client population and pro bono attorneys
CLE for attorney volunteers
Cost
Cost of staff time
Printing costs
Space costs
Travel costs
Staffing
Education
Cost
Thank you.
A CONVERSATION ON MAKING EFFECTIVE CONNECTIONS
This presentation is generously sponsored by the Corporate Counsel Section of the State Bar of Texas
Hello!
Aspen Institute – 5 year study of microenterprises
13.8 million self-employed people nationwide Estimated that 2 million (15%) of those are low-income entrepreneurs 2-5% of people seeking to end dependence of TANF Working poor; income patchers Caregivers seeking flexible schedules People with disabilities Refugees/immigrants Recently unemployed Aspen Institute – 5 year study of microenterprises
Readiness for legal services Financial literacy Entrepreneurial education
Familiarity with attorneys & legal services What can lawyers do/not do
Language access
Geographic access & technology fixes
Cultural competence
Partners
Associates
Litigators v. Transactional
Practice Areas/Specialized Skills & Knowledge
Opportunities for teamwork Within practice areas/firm, with clients/corporate counsel
Opportunities for community involvement
Opportunities for professional development (practice & learn new skills, new areas of law, skill retention & practice)
Opportunity to work with clients diverse backgrounds and circumstances
Litigators v. Transactional
Practice Areas/Specialized Skills & Knowledge
Opportunities for teamwork Within company – different teams, departments, with law
firms
Opportunities for community involvement
Opportunities for professional development (practice & learn new skills, new areas of law, skill retention & practice)
Opportunity to work with clients diverse backgrounds and circumstances
Effective Communication
Shared Expectations
Accessibility
Results from Austin IP Inn of Court Pro Bono Survey 2015 – “Overcoming Barriers to Pro Bono”
53% 38%
2% 6% 1%
Time Requirements
Lack of Knowledge orExpertise
Potential Conflicts of Interest
Fear of Malpractice Claims
Do Not Know Where to FindProjects
Opportunity to Learn Something
New 33%
Helping the Needy 50%
Staying Connected with Other
Attorneys in the Community
10%
Expectation of Employer
7%
Law School 8%
Firm / Company Initiatives
42%
Colleagues 23%
Legal Organizations
8%
Your Own Research
11%
Other 8%
Formal Training Program / CLEs
22%
Working on a Project with More
Experienced Lawyers
35%
Shadowing Other Volunteers
20%
Having a Mentorship
Program with Lawyers from the
Pro Bono Organization
22%
Other 1%
Making co-workers or bosses aware of
your pro bono work 18%
Taking on limited roles within the pro
bono project 26%
Taking on projects that are only short
term (such as clinics)
31%
Sharing project responsibilities
with co-workers or other volunteers
23%
Other 2%
Personal Growth
Mentorship
Future Clients
Networking
FOR THE EFFECTIVE DELIVERY OF PRO BONO LEGAL SERVICES
Client education
Pro bono attorney education
Expectation management
Resources for clients
Resources for pro bono attorneys
Screen for compatibility
Collaborations with partner organizations
Identifying and addressing barriers for volunteers
Contributing to awareness of poverty law issues
Screen for compatibility
Staff time Volunteer recruitment, education and support Pro bono intake, screening, and case management.
Education Community legal education for client population and pro
bono attorneys CLE for attorney volunteers
Cost Cost of staff time Printing costs Space costs Travel costs
Staffing Education Cost
