Teaming Up for the Greater Good

By David M. Zacks and Hillary D. Rightler, Kilpatrick Townsend & Stockton, LLP

Undoubtedly, providing legal assistance to those who cannot afford it is one of the

highest callings of our profession. Many law firms, with immense resources and talent

on hand, have chosen to answer this calling by developing and maintaining some type of

pro bono program. The success of these programs within a culture that is typically

structured around “the billable hour” depends entirely on the level of commitment that

lawyers at all levels of the firm are willing to invest.



Typically, meaningful participation in pro bono work is highest among young

associates, eager to get their feet wet and looking to prove themselves. However,

associates alone should not be left to carry the torch. The true value that a robust pro

bono program can provide to a firm, and the corresponding benefit to the communities

that are served through such a program, cannot be realized without significant

participation at the partner level as well.



A partner is doing a disservice to the client and the legal profession if he just tells

an associate to “handle” the problem. Any pro bono case the firm agrees to take on

deserves to be treated as seriously as the biggest case in the firm or the firm should not

accept it. A firm should recognize that pro bono work provides a unique opportunity that

gives seasoned partners and new associates a chance to work together as a team towards a

rewarding goal.



I recently worked on a pro bono matter that involved helping a family trapped in

an apartment with deplorable living conditions that posed significant health and safety

risks to the entire family, including the client’s four-year old granddaughter.

Immediately after accepting the case, the newly assembled team (which included

a first-year associate, the firm’s investigator, members of the non-profit organization, the

Atlanta Volunteer Lawyers Foundation, who had referred the case to the firm, and

myself) agreed to roll up our sleeves and get to work at the site.



We headed out to the apartment to meet the client and get a first-hand perspective

of the problems that the family was facing. We went to work documenting all the

deficiencies that plagued the unit, which included, among other things, widespread mold,

persistent insect infestation, and gaping structural damage. Our presence did not go

unnoticed. The onsite manager for the virtually abandoned complex saw us there and

within hours slipped a note under the client’s door claiming that management wanted to

fix many of the defects.



Having personally witnessed the woefully inadequate results of any prior attempts

management had made to rectify the issues, we immediately responded that we believed

the hazardous conditions were beyond repair. By the time we had returned to the office

that afternoon, the case was off the ground and running.



In the days that followed, we tackled the case as a team, relying on the individual

strengths that are present at both the partner and associate level in order to provide the

best representation to the client. In cases like this, partners can use the benefit of their

experience to develop an overall strategic approach to obtain the desired result for the

client as quickly and efficiently as possible. Meanwhile, associates can work on

managing the influx of daily issues to improve their client counseling and problem

solving skills.



Properly handling pro bono cases frequently requires constant communication

between the team members because of the nature of the situation many of these clients

face. Some live in dangerous living conditions, posing an immediate threat to their health

and safety.



In our case, we faced obstacles which ranged from handling management’s failure

to respond to an emergency flooding of sewage water draining into the unit to curing a

cashier’s check that bounced. Straight forward communication at the partner level was

able to solve all of the problems the team encountered.



As a result of our joint focused efforts, within a few weeks, we successfully

obtained a lease rescission and a cash settlement that allowed our client to move her

family to a new apartment that was safe, quiet and clean. After hearing she was safely

settled in her new place, we immediately sent a personal housewarming gift to our client

wishing her family the best as they move forward.



Throughout the case, the most valuable lesson I impressed upon our team was the

importance of treating the pro bono client with the same respect and dignity as any of the

firm’s other clients. We received a phone call from our client the next day. With a sense

of upbeat confidence and renewed hope echoing through her voice, she expressed her

gratitude to the team.



Pro bono cases present a valuable opportunity for partners to team up with

associates and get to know them better. At the end of the day, each will have pride in

what they both accomplish for the greater good. Law firms should encourage partners to

take the time to instill a deep commitment to pro bono work in the fresh minds of its

young associates who are poised to carry the success of the firm into the future.