INTERSECTION OF CORPORATE SOCIAL RESPONSIBILITY AND LEGAL PRO BONO Introduction: the Growth of In-House Pro Bono and Corporate Social Responsibility In-house pro bono has undergone a vast transformation, evolving from a mere handful of formal pro bono programs fifteen years ago to hundreds of programs that define the field today. Many of the Fortune 500 companies and the majority of the Fortune 100 companies have either set up or are moving to establish formal pro bono programs for their lawyers and other legal department staff. In addition, lawyers in smaller companies and legal departments engage in pro bono legal services through opportunities organized by legal services organizations, law firms, Corporate Pro Bono (CPBO), bar associations, and ACC Chapters. Tens of thousands of lawyers practice at legal departments where supporting low-income communities through pro bono assistance is a core value. Corporate social responsibility (CSR) has also taken hold in many companies. CSR is an umbrella term that can encompass community service efforts, charitable giving, diversity, environmental sustainability, and skills-based volunteering, including legal pro bono work. And similar to legal pro bono work, for many companies, implementing CSR programs is the right thing to do. It also can add to a company’s reputation and, arguably, its bottom-line value. For many companies, the CSR effort operates independently from the legal department’s pro bono program. However, there are potentially great benefits from aligning pro bono and CSR. Below are several examples of how companies have complemented CSR programs with legal pro bono efforts. Thematic Alignment One way legal departments have aligned their pro bono programs with their company’s CSR efforts is by identifying projects that support or are consistent with the focus of the CSR program. Deere & Company**: Since its inception in 1948, the John Deere Foundation, the company’s primary philanthropic arm, has focused on supporting several initiatives, including community enrichment and solutions to world hunger. In 2000, members of Deere’s legal department developed a pro bono program that, over the years, has supported these themes in many ways. Members of the legal department have represented nonprofit organizations, supported teen justice programs, volunteered with legal aid organizations, and served as mediators for civil rights commissions. In addition, this year, the Deere legal department sponsored an Equal Justice Works fellow to provide legal services to low income immigrant farmers in Minnesota. Microsoft Corporation**: In its CSR work, Microsoft focuses on the “opportunity divide” among young people, which Microsoft identifies as the gap between young people who 2 are prospering and those, who because of lack of support, skills, or resources, lag behind. Microsoft’s legal department has adopted a similar focus and has dedicated substantial time and resources to assisting children who, facing deportation, lack the resources to secure legal representation. Microsoft helped found two nonprofit organizations dedicated to providing legal assistance to unrepresented minors – Volunteer Advocates for Immigrant Justice, a Seattle based organization, and Kinds in Need of Defense, a national organization. In addition, volunteers from Microsoft’s legal department provide pro bono support to the children seeking legal help from these two organizations. Pfizer Inc.**: The focus of Pfizer’s CSR efforts is seven commitments to a healthier world. In keeping with that theme, members of the legal department in New York participate in the Pro Bono Alliance for Health program. Attorneys from Pfizer partner with attorneys from law firms, who then work with LegalHealth, a division of the New York Legal Assistance Group, to partner with medical professionals to address the nonmedical needs of low-income people with serious health problems. Volunteers staff a monthly clinic held at the New York University Cancer Institute to assist low-income individuals by providing legal advice with regard to medical powers of attorney, health care proxies, simple wills, and guardianship proceedings. Verizon Communications Inc.**: The Verizon Foundation and its CSR initiatives focus on several themes, including education, health care, and domestic violence prevention. When the Verizon legal department launched its pro bono program in 2009, it sought to complement the company’s larger CSR efforts, focusing its efforts on similar themes – education, domestic violence, and support for returning veterans. Since the inception of its pro bono program, Verizon attorneys and other legal department staff have represented schools for disadvantaged children, assisted parents in securing school services for disabled children, helped victims of domestic violence secure their immigration status, and advocated to secure appropriate benefits for returning veterans injured during service. Structural Alignment Another way that legal departments align pro bono and CSR is by coordinating the management and structure of the department’s pro bono efforts with the company’s CSR initiatives. Ford Motor Company**: When Ford’s legal department restructured its pro bono program in 2009, it decided to strategically tie its pro bono efforts to the company’s larger CSR program, which is organized by the Ford Volunteer Corps (FVC). Each year, FVC designates at least four “Accelerated Action Days” to encourage and provide opportunities for Ford employees to partake in community service work. During these days, the legal department offers legal pro bono opportunities to its lawyers and other professional staff. By supporting the company’s overall CSR plan, the legal department has received much praise from company leadership. The clinics also enable legal department staff to take part in company-wide community service efforts that foster a real sense of company pride and teamwork. Goldman, Sachs & Co.: As a part of its 10,000 Small Business program, Goldman Sachs has invested $500 million to help small businesses create economic opportunities by 1025 Connecticut Avenue, N.W., Suite 205 ● Washington, DC 20036 (202) 729.6699 Phone ● (202) 296.0303 Fax cpbo@probonoinst.org ● www.cpbo.org 3 providing them with increased access to business education, capital, and business support services. In support, the legal department provides pro bono legal advice to participating small businesses. The legal department also identifies for its lawyers and other professional staff monthly pro bono opportunities that fall on the same day as the company’s overall community service efforts. Each month, Goldman selects one or more community service projects that support the affinity group honored during that month (e.g., providing services to women during Women’s History Month). Similarly, the legal department sponsors pro bono projects in support of the same affinity group. Direct Services and Support Providing direct legal support to the beneficiaries of the company’s CSR program is another way legal departments can align CSR and pro bono. American International Group, Inc.**: When AIG’s legal department began forming its pro bono program, it reached out to its CSR department to investigate ways the legal department could align its pro bono program with the company’s philanthropic initiatives. Over the years, AIG has provided financial and in-kind donations to Career Gear, a national nonprofit organization that provides job readiness and professional development to low-income men. Expanding the company’s support, AIG’s legal department developed a pro bono program to provide legal services to Career Gear and to the low-income men served by Career Gear. Wal-Mart Stores, Inc.**: Walmart has been a long-time financial supporter of Arkansas Children’s Hospital. When the Walmart legal department launched its pro bono program in 2010, the company’s support grew to include legal assistance to patients served by the hospital. With financial support from the Walmart Foundation, the legal department developed a medical-legal partnership (MLP) project with Arkansas Children’s Hospital and Legal Aid of Arkansas. Volunteers from the legal department, working with Legal Aid of Arkansas, provide onsite and remote pro bono legal services to patients of the Arkansas Children’s Hospital who, in additional to medical needs, have want for civil legal assistance. Partnering By working together on a skills-based volunteer project, a company’s CSR team or foundation can provide great support to its legal department’s pro bono program. The Gap, Inc.**: When Gap launched its pro bono initiative it created a program that aligned and supported the theme and mission of the Gap Foundation, which supports children living in need and distress. One of the department’s first projects was to serve as in-house counsel to two community nonprofit organizations dedicated to supporting children at risk. Gap then teamed up with the Gap Foundation, along with CPBO and Morrison and Foerster LLP*†, to host a CPBO Clinic in a Box® program. Working in partnership with the Foundation and the other host organizations, members of Gap’s legal department planned and hosted a legal audit clinic for several of the nonprofit organizations supported by the Gap Foundation. At the event, members from Gap’s legal 1025 Connecticut Avenue, N.W., Suite 205 ● Washington, DC 20036 (202) 729.6699 Phone ● (202) 296.0303 Fax cpbo@probonoinst.org ● www.cpbo.org 4 department and its Foundation worked together to provide support and assistance to the nonprofit clients attending the clinic. Financial Support Aligning charitable giving and pro bono is an element commonly seen when companies combine CSR and pro bono efforts. American Express Travel Related Services Company, Inc.: Over the years, American Express has been instrumental in the success of the New York City Bar Justice Center’s Neighborhood Entrepreneur Law Project (NELP), which supports local low-income micro-entrepreneurs. First, the American Express Foundation provided seed money to help launch the project. Then, in support of the company’s efforts, attorneys from the legal department volunteered their time and legal expertise by providing direct pro bono services to the low-income micro-entrepreneurs NELP serves. Intel Corporation**: The Intel Involved Matching Grant Program rewards employees, including legal department staff, who volunteer 20 hours or more at a school or qualified nonprofit organization with a donation to the qualified organization from the Intel Foundation. As Intel puts it, the program “aims to recognize and motivate Intel employees, globally, to engage in outreach and volunteerism to make our communities a better place to live, work, and play.” Intel’s legal department supports skills-based volunteerism, and encourages its lawyers and other legal department staff to support several pro bono projects that align with the company’s emphasis on education. Merck & Co., Inc.**: Merck, which has one of the oldest pro bono programs in the country, works with a number of legal services organizations to provide pro bono legal assistance to underserved communities. The legal department also works closely with the Merck Company Foundation, which provides financial support to several of the department’s partner legal services organizations. In 2008, the legal department expanded its pro bono program to include a bankruptcy clinic it hosts with Volunteer Lawyers for Justice to help low-income individuals and families filing for Chapter 7. To support the program, the Merck Foundation provides funding to Volunteer Lawyers for Justice. The Merck Foundation also provides financial support to Community Hope Inc., a nonprofit that assists homeless veterans, among others. In 2011, Merck identified assisting homeless veterans as a theme of its CSR efforts. Aligning with this new effort, the legal department now provides legal assistance to Community Hope clients. To obtain information about Corporate Pro Bono (CPBO) or to become a CPBO Challenge® signatory, please contact CPBO Director Eve Runyon at erunyon@probonoinst.org. *denotes a Law Firm Pro Bono Challenge®signatory **denotes a Corporate Pro Bono Challenge® signatory † denotes a Member of the Law Firm Pro Bono Project Developed by Corporate Pro Bono A global partnership project of the Pro Bono Institute and the Association of Corporate Counsel www.cpbo.org Copyright, Pro Bono Institute 2012, All Rights Reserved CPBO® is a registered trademark of the Pro Bono Institute 1025 Connecticut Avenue, N.W., Suite 205 ● Washington, DC 20036 (202) 729.6699 Phone ● (202) 296.0303 Fax cpbo@probonoinst.org ● www.cpbo.org