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establishing_and_running_a_pro_bono_clearinghouse [2013/10/16 16:41]
marieanne_mckeown [Screening and Vetting Clients]
establishing_and_running_a_pro_bono_clearinghouse [2013/10/17 09:28] (current)
marieanne_mckeown [Agreements Between Parties]
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 The key to running a successful clearinghouse is ensuring lawyers and clients know about it! That may sound obvious, but it will not happen automatically. How the lawyers and clients are selected will make a big difference to the nature of the clearinghouse. The key to running a successful clearinghouse is ensuring lawyers and clients know about it! That may sound obvious, but it will not happen automatically. How the lawyers and clients are selected will make a big difference to the nature of the clearinghouse.
  
-==== Who a Clearinghouse Helps ====+==== Whom a Clearinghouse Helps ====
  
 Some clearinghouses help organizations such as charities and other NGOs. Others also help individuals,​ either directly or through their client NGOs. It is important to be clear about who can receive a clearinghouse’s help finding lawyers and to set guidelines for deciding whether a particular individual or organization falls within the clearinghouse’s scope. Some clearinghouses help organizations such as charities and other NGOs. Others also help individuals,​ either directly or through their client NGOs. It is important to be clear about who can receive a clearinghouse’s help finding lawyers and to set guidelines for deciding whether a particular individual or organization falls within the clearinghouse’s scope.
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-//**The Pro Bono Alliance (PBA)**, formerly the Public Interest Lawyer’s Association (PILA), ​in the Czech Republic uses several forms. It uses an initial form to be filled out by the NGOs that have expressed interest in pro bono services and it asks about specific services they may need help with. PBA also has a second form for NGOs to fill out when an NGO has a particular matter about which to make a request. See Appendix 1, Form for NGOs Interested in Pro Bono; Appendix 2, Pro Bono Request Form for NGOs.//+//**The Pro Bono Alliance (PBA)** in the Czech Republic uses several forms. It uses an initial form to be filled out by the NGOs that have expressed interest in pro bono services and it asks about specific services they may need help with. PBA also has a second form for NGOs to fill out when an NGO has a particular matter about which to make a request. See Appendix 1, Form for NGOs Interested in Pro Bono; Appendix 2, Pro Bono Request Form for NGOs.//
  
 //​**PILnet’s** Global Clearinghouse carefully considers each NGO that wants to receive pro bono services through its clearinghouses. ​ It screens ​ potential clients for infrastructure, ​ good business ​ practices, open communication,​ and professionalism. Generally, when a new client is being considered, PILnet will conduct ​ basic background ​ research ​ on the NGO by checking its website, its donors, ​ annual reports, active projects and partners. Vetting is done on a case by case basis.// //​**PILnet’s** Global Clearinghouse carefully considers each NGO that wants to receive pro bono services through its clearinghouses. ​ It screens ​ potential clients for infrastructure, ​ good business ​ practices, open communication,​ and professionalism. Generally, when a new client is being considered, PILnet will conduct ​ basic background ​ research ​ on the NGO by checking its website, its donors, ​ annual reports, active projects and partners. Vetting is done on a case by case basis.//
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 <box 80% blue> ​ <box 80% blue> ​
  
-//**PBA** (Czech Republic) requires individuals to complete a declaration of means  and financial status in order to obtain pro bono legal services. After the individual has been approved, PBA then has the individual complete the specific request form for pro bono services, similar to the form NGOs fill out for their own needs. PBA has also developed a relationship with the Association of Citizen Advice Bureaus in the Czech Republic. The Advice Bureaus ​often obtain pro bono assistance ​ for individuals through PBA. As a result, PBA has created a special intake form just for the Advice Bureaus ​because they cannot use the standard PBA form. PBA has recognized that the Advice Bureaus ​are an important resource for obtaining clients, so it was flexible and accommodating to this Association.//</​box>​+//**PBA** (Czech Republic) requires individuals to complete a declaration of means  and financial status in order to obtain pro bono legal services. After the individual has been approved, PBA then has the individual complete the specific request form for pro bono services, similar to the form NGOs fill out for their own needs. PBA has also developed a relationship with the Association of Citizen Advice Bureaus in the Czech Republic. The advice bureaus ​often obtain pro bono assistance ​ for individuals through PBA. As a result, PBA has created a special intake form just for the advice bureaus ​because they cannot use the standard PBA form. PBA has recognized that the advice bureaus ​are an important resource for obtaining clients, so it was flexible and accommodating to the association.//</​box>​
  
 Some clearinghouses provide services to both individuals and NGOs. Some clearinghouses provide services to both individuals and NGOs.
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 Additionally,​ some clearinghouses not only provide access to lawyers willing to take on cases, but they also arrange for lawyers to deliver legal training sessions or workshops for NGOs. Additionally,​ some clearinghouses not only provide access to lawyers willing to take on cases, but they also arrange for lawyers to deliver legal training sessions or workshops for NGOs.
  
-<box 80% blue> //**PBA** only takes clients that cannot otherwise access legal services due to their income ​and property situation. Evidence needs to be provided through a declaration from the client. Any false information +<box 80% blue> //**PILnet** partnered with UNICEF, the law firm Kinstellar, ​and the Pontis Foundation ​to offer private lawyers ​the professional training they need to serve as pro bono advocates ​for minors. The collaboration culminated in a series of workshops in Warsaw, Prague, Bratislava, and Budapest. ​ These workshops brought real-world expertise to working attorneys and increased ​the pool of pro bono lawyers available to UNICEF.//</​box>​
-would lead to an obligation to pay for the legal services provided.//</​box>​+
  
 ==== How Will Potential Clients Be Contacted? ==== ==== How Will Potential Clients Be Contacted? ====
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 A clearinghouse may wish to identify NGOs that it believes are doing good professional work in their respective fields. Once you have researched these NGOs, you can arrange to meet with them individually and discuss their legal needs with them. A clearinghouse may wish to identify NGOs that it believes are doing good professional work in their respective fields. Once you have researched these NGOs, you can arrange to meet with them individually and discuss their legal needs with them.
  
-**Best practice in making ​first ​contact with NGOs:**+<box 80% round red|**Best practice in making ​first contact with NGOs:**>  
 +The purpose of the initial email or letter sent by the clearinghouse is to establish contact with a non-profit organization and to offer pro bono services to it.  You might consider including the following five elements:
  
-**The purpose of the initial email or letter sent by the clearinghouse is to establish contact with a non-profit organization and to offer pro bono services to it.** 
  
-**You might consider including ​the following five elements:**+  ​personal introduction of the writer of the letter; 
 +  ​introduction of the organization (clearinghouse);​ 
 +  * introduction ​ of  the  clearinghouse’s ​ pro  bono  program ​this ​ could  include success stories, number of matters placed, and examples of the types of matters NGOs have been helped with; 
 +  ​recognition of the NGO and the importance of its activities; and 
 +  ​request for a conference call to discuss possible ways of cooperation.
  
-  * **personal introduction of the writer of the letter;** +If the NGO does not respond to the email within five business days, you may wish to resend the email or telephone the organization directly.</​box>​
-  * **introduction of the organization (clearinghouse);​** +
-  * **introduction ​ of  the  clearinghouse’s ​ pro  bono  program: ​ this  could  include success stories, number of matters placed, and examples of the types of matters NGOs have been helped with;** +
-  * **recognition of the NGO and the importance of its activities; and** +
-  * **request for a conference call to discuss possible ways of cooperation.** +
- +
-**If the NGO does not respond to the email within five business days, you may wish to resend the email or telephone the organization directly.** +
- +
-<box 80% blue> //​**PILnet’s Global Clearinghouse** finds it is helpful to start any email communication with the name of the person who recommended/​referred the NGO to PILnet, if applicable. This helps gain trust and attention.//​</​box>​+
  
 Speaking at conferences,​ attending NGO events to disseminate information,​ and distributing newsletters are some ways to promote your clearinghouse. By networking with leaders of the non-profit sector, a clearinghouse should be able to locate and target NGOs that could benefit from lawyers’ pro bono help. However it is done, the task of making contact with those who most need  legal assistance is very important and will demonstrate to the community your commitment and legitimacy. Speaking at conferences,​ attending NGO events to disseminate information,​ and distributing newsletters are some ways to promote your clearinghouse. By networking with leaders of the non-profit sector, a clearinghouse should be able to locate and target NGOs that could benefit from lawyers’ pro bono help. However it is done, the task of making contact with those who most need  legal assistance is very important and will demonstrate to the community your commitment and legitimacy.
  
-<box 80% blue> ​ +<box 80% blue> //When **The Peace Institute** in Slovenia initially started, it held group meetings with NGOs to present the clearinghouse, ​ explain its purpose, ​ and  invite them  to think of legal matters ​ they could use legal advice on. At these meetings, ​ the clearinghouse ​ presented ​ the NGOs with examples of legal matters ​ from other countries’ NGOs and explained how free legal advice could be used in different contexts, ​ e.g.,  training, ​ advocacy. The  meetings ​  ​were ​ organized ​ as  roundtables, ​  ​allowing for interactive participation. Subsequently,​ the clearinghouse also held individual meetings with NGOs that expressed interest in obtaining legal counsel on specific matters. ​ These meetings ​ led to legal matters being successfully placed with law firms and lawyers.//
- +
-+
- +
-//When **The Peace Institute** in Slovenia initially started, it held group meetings with NGOs to present the clearinghouse, ​ explain its purpose, ​ and  invite them  to think of legal matters ​ they could use legal advice on. At these meetings, ​ the clearinghouse ​ presented ​ the NGOs with examples of legal matters ​ from other countries’ NGOs and explained how free legal advice could be used in different contexts, ​ e.g.,  training, ​ advocacy. The  meetings ​  ​were ​ organized ​ as  roundtables, ​  ​allowing for interactive participation. Subsequently,​ the clearinghouse also held individual meetings with NGOs that expressed interest in obtaining legal counsel on specific matters. ​ These meetings ​ led to legal matters being successfully placed with law firms and lawyers.//+
  
 //​**PILnet-Moscow’s Clearinghouse** also had a strategic approach to initial NGO outreach:// //​**PILnet-Moscow’s Clearinghouse** also had a strategic approach to initial NGO outreach://
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 The legal community plays a critical role in achieving the clearinghouse’s objectives. First, lawyers provide the actual pro bono service—voluntarily agreeing to provide free professional services to  NGOs  and individuals. Second, they provide essential financial, educational and promotional support to the pro bono community. The legal community plays a critical role in achieving the clearinghouse’s objectives. First, lawyers provide the actual pro bono service—voluntarily agreeing to provide free professional services to  NGOs  and individuals. Second, they provide essential financial, educational and promotional support to the pro bono community.
  
-A clearinghouse may consider the following when reaching out to law firms:+A clearinghouse may consider the following when reaching out to law firms ​
  
-  * Identify lawyers and law firms in your city that are most likely to take pro bono matters, such as:+  ​* **Identify lawyers and law firms in your city that are most likely to take pro bono matters,** such as:
     * international law firms,     * international law firms,
     * in-house lawyers at international corporations,​ or     * in-house lawyers at international corporations,​ or
     * large domestic law firms.     * large domestic law firms.
-  ​* Research each individual law firm to determine the most appropriate person to contact for a meeting. This may include:+ 
 +  * **Research each individual law firm to determine the most appropriate person to contact for a meeting.** This may include:
     * pro bono coordinator     * pro bono coordinator
     * director of corporate social responsibility     * director of corporate social responsibility
-      ​* If there is no person in either of these roles, then consider looking at the law firm’s different programs, events, training, or practice areas. Identify any lawyers that have been involved in any possible public interest or similar areas. +    ​* If there is no person in either of these roles, then consider looking at the law firm’s different programs, events, training, or practice areas. Identify any lawyers that have been involved in any possible public interest or similar areas. 
-  * Contact the most appropriate person to arrange a meeting. + 
-  * Meet with representatives from the firms in order to:+  ​* **Contact the most appropriate person to arrange a meeting.** 
 + 
 +  ​* **Meet with representatives from the firms in order to:**
     * introduce the clearinghouse and its mission;     * introduce the clearinghouse and its mission;
     * discuss the benefits of a law firm’s support of pro bono practice:     * discuss the benefits of a law firm’s support of pro bono practice:
-      ​* This is a chance to give back to society by helping people who cannot otherwise obtain a lawyer. +        ​* This is a chance to give back to society by helping people who cannot otherwise obtain a lawyer. 
-      * It is personally rewarding to those involved. +        * It is personally rewarding to those involved. 
-      * It contributes to the lawyer/law firm’s positive image and reputation in the community. +        * It contributes to the lawyer/law firm’s positive image and reputation in the community. 
-      * It is an opportunity to develop skills, gain experience and enhance training of the firm’s lawyers. +        * It is an opportunity to develop skills, gain experience and enhance training of the firm’s lawyers. 
-      * It can help recruit new, talented lawyers. +        * It can help recruit new, talented lawyers. 
-      * It can bring an issue to court that may not otherwise be heard. +        * It can bring an issue to court that may not otherwise be heard. 
-      * Many clients value a firm’s pro bono efforts and may consider a firm’s dedication to pro bono when looking to hire a law firm. +        * Many clients value a firm’s pro bono efforts and may consider a firm’s dedication to pro bono when looking to hire a law firm. 
-      * A firm that participates in pro bono may be seen as a desirable strategic partner in a potential client’s charitable activities. A strategic partnership with a potential client in a corporate social responsibility project may strengthen the client/​firm relationship and lead to billable work for a firm. +        * A firm that participates in pro bono may be seen as a desirable strategic partner in a potential client’s charitable activities. A strategic partnership with a potential client in a corporate social responsibility project may strengthen the client/​firm relationship and lead to billable work for a firm. 
-      * It can be an enjoyable challenge that would not otherwise be available. +        * It can be an enjoyable challenge that would not otherwise be available. 
-      * It helps to build public confidence in lawyers and the justice system generally. +        * It helps to build public confidence in lawyers and the justice system generally. 
-    * Encourage them to identify a pro bono coordinator or one key person who will be the contact person for the clearinghouse, explaining that this is essential for effective communication with the clearinghouse as well as for developing a pro bono program at the firm. If possible, suggest an individual by identifying that person in advance (e.g., people that used to work for NGOs or who have shown a clear interest in this area through networking opportunities).+    * Encourage them to identify a pro bono coordinator or one key person who will be the contact person for the clearinghouse. This is essential for effective communication with the clearinghouse as well as for developing a pro bono program at the firm. If possible, suggest an individual by identifying that person in advance (e.g., people that used to work for NGOs or who have shown a clear interest in this area through networking opportunities).
  
-<box 80% blue> ​ 
  
-|+<box 80% blue> //​**PILnet'​s Hungarian and Russian Clearinghouses** each organize ​ a pro bono coordinators committee meeting several times a year where the pro bono coordinators of law firms and a select number of NGOs meet for a breakfast or lunch. The meetings serve as an opportunity for NGOs to meet and network with law firms, give presentations,​ obtain feedback on the clearinghouse and generally raise issues.// ​
  
-//​**PILnet-Budapest’s and  PILnet-Moscow’s Clearinghouses** each organize ​ a pro bono  coordinators committee ​ meeting several times a year where the pro bono coordinators ​ of law firms and a select number ​ of NGOs meet for a breakfast or lunch. The meetings ​ serve as an opportunity for NGOs to meet and network with law firms, give presentations,​ obtain feedback on the clearinghouse ​ and generally raise issues.// +//**The Association of Pro Bono Counsel (APBCo)** in the United States is dedicated to the support and professional development of full time pro bono counsel and coordinators at commercial law firms. APBCo currently has more than 120 members from more than 85 law firms. ABPCo does not provide pro bono legal services or references to pro bono legal service agencies.//</​box>​
- +
-//**The Association of Pro Bono Counsel (APBCo)** in the United States is dedicated to the support ​ and professional development of full time pro bono counsel and coordinators ​ at commercial law firms. APBCo currently has more than 100 members from more than 75 law firms. ABPCo does not provide pro bono legal services or references to pro bono legal service agencies.//</​box>​+
  
 Use the legal network that the clearinghouse has already established as your advocates and encourage them to promote to their contacts the value of being involved in the clearinghouse. Personal contacts are crucial. Many large law firms have pro bono coordinators,​ or directors of corporate social responsibility who are responsible for screening and disseminating the pro bono matters to the  appropriate lawyers in their firm. Relationships with these individuals should be properly maintained and carefully managed. Use the legal network that the clearinghouse has already established as your advocates and encourage them to promote to their contacts the value of being involved in the clearinghouse. Personal contacts are crucial. Many large law firms have pro bono coordinators,​ or directors of corporate social responsibility who are responsible for screening and disseminating the pro bono matters to the  appropriate lawyers in their firm. Relationships with these individuals should be properly maintained and carefully managed.
    
-A clearinghouse can get lawyers and law firms involved in other waysSeveral clearinghouses have   ​drafted  ​**“Pro ​ Bono  Declarations,​”**  ​affirmations ​ of  the  ethical ​ and  professional commitment to advancing the public good through pro bono legal services. A clearinghouse can then use a declaration to reach out to law firms and encourage them to sign it, as well as a means of promoting the clearinghouse.+A clearinghouse can get lawyers and law firms involved in other ways:  
 + 
 +**Pro Bono Declaration** 
 + 
 +Several clearinghouses have   ​drafted ​ “Pro ​ Bono  Declarations,​” ​ affirmations ​ of  the  ethical ​ and  professional commitment to advancing the public good through pro bono legal services. A clearinghouse can then use a declaration to reach out to law firms and encourage them to sign it, as well as a means of promoting the clearinghouse.
  
 <box 80% blue> ​ <box 80% blue> ​
 +//**Centrum Pro Bono** in Poland organized a meeting at the Polish Constitutional Tribunal hosted ​ by the Tribunal president. ​ There were approximately thirty high-profile guests from the Warsaw offices of international law firms, domestic law firms, bar association ​ representatives ​ and PILnet. Meeting participants ​ signed ​ the Pro Bono Publico Declaration, ​ affirming their commitment to pro bono principles. ​ This was a great way to get members of the legal community involved with committing to pro bono, and as a way to promote the clearinghouse generally.//</​box>​
  
-|+**Pro Bono Survey**
  
-//**PBA**, in the Czech Republic, invited members ​ of the pro bono community, including ​law firms and the bar association,  ​to an event to sign the declaration ​and officially “open” the clearinghouse ​ for businessThis was great way to get members  ​of the legal community involved with committing ​to pro bono, and as a way to promote ​the clearinghouse ​generally.//+pro bono survey is another way to reach out to law firms and assess their interest in pro bono. It is important ​to make sure the survey is quick and easy to completeA carefully constructed and narrowly tailored survey allows ​clearinghouse ​to see the kinds of pro bono work in which law firms are interested. Conclude ​the survey by asking whether the lawyer would like to take part in pro bono services provided by the clearinghouse. ​Surveys may be conducted via direct mail, email or online through surveying services like [[http://surveymonkey.com|Survey Monkey]]. ​
  
-//**Centrum Pro Bono** in Poland organized a meeting at the Polish Constitutional Tribunal hosted ​ by the Tribunal president. ​ There were approximately thirty high-profile guests from the Warsaw offices of international law firms, domestic law firms, bar association ​ representatives ​ and PILnet. Meeting participants ​ signed ​ the Pro Bono Publico Declaration, ​ affirming their commitment to pro bono principles.//</​box>​+**Advisory Council**
  
-A **pro bono survey** is another way to reach out to law firms ​and assess their interest ​in pro bono. It is important to make sure the survey is quick and easy to completeA carefully constructed ​and narrowly tailored survey allows a clearinghouse to see the kinds of pro bono work in which law firms ​are interestedConclude ​the survey by asking whether the lawyer would like to take part in pro bono services provided by the clearinghouse. Surveys may be conducted via direct mail, email or online through surveying services like [[http://​surveymonkey.com|Survey Monkey]]+Another approach is to create a pro bono advisory council for your clearinghouse. The advisory council can be drawn from pro bono coordinators or prominent partners of law firms, who can help guide your future efforts ​in maintaining ​and developing your links with local firms and fundersFor example, PILnet’s Pro Bono Advisory Council meets once a year and has an honorary president, co-chairs and members from prominent ​law firms. ​In addition to lawyers, an advisory council could also include judges, academics and senior level representatives from the organizations that the clearinghouse ​helps.
  
-Another approach is to create a pro bono **advisory council** for your clearinghouse. The advisory council can be drawn from pro bono coordinators or prominent partners of law firms, who can help guide your future efforts in maintaining and developing your links with local firms and funders. For example, PILnet’s Pro Bono Advisory Council meets once a year and has an honorary president, co-chairs and members from prominent law firms. In addition to lawyers, an advisory council could also include judges, academics and senior level representatives from the organizations that the clearinghouse helps. + 
-  +**Each jurisdiction has different rules about how lawyers can operate.** For example, in some jurisdictions,​ lawyers can only give advice as part of their law firm due to insurance and practice requirements. In other jurisdictions,​ lawyers are allowed to give pro bono advice in their personal capacity (that is, not through their firm). The rules in a particular jurisdiction can help a clearinghouse decide whether it will only work through law firms or also with individual lawyers. Whatever is decided, a clearinghouse should ensure that the lawyers have appropriate expertise, insurance and, if applicable, supervision,​ to guarantee the pro bono work is done to the same professional standards as fee-earning work and meets all local regulatory standards. Lawyers become involved in pro bono work for many different reasons. Later chapters of this manual offer suggestions for how to promote a pro bono culture within your area.
-Each jurisdiction has different rules about how lawyers can operate. For example, in some jurisdictions,​ lawyers can only give advice as part of their law firm due to insurance and practice requirements. In other jurisdictions,​ lawyers are allowed to give pro bono advice in their personal capacity (that is, not through their firm). The rules in a particular jurisdiction can help a clearinghouse decide whether it will only work through law firms or also with individual lawyers. Whatever is decided, a clearinghouse should ensure that the lawyers have appropriate expertise, insurance and, if applicable, supervision,​ to guarantee the pro bono work is done to the same professional standards as fee-earning work and meets all local regulatory standards. Lawyers become involved in pro bono work for many different reasons. Later chapters of this manual offer suggestions for how to promote a pro bono culture within your area.+
  
 ==== Agreements Between Parties ==== ==== Agreements Between Parties ====
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-//**The Slovenian Clearinghouse** asks that all three parties—the ​ clearinghouse, ​ the pro bono lawyers and pro bono clients—sign a “General Conditions on Cooperation Contract.” This contract outlines the conditions under which the clearinghouse will operate, how the NGO will request pro bono legal services, communication between the parties, etc. See Appendix 10, General Conditions on Cooperation between Pro Bono Clearinghouse,​ Pro Bono Attorneys and Pro Bono Clients in the Pro Bono System.// 
  
-//**A4ID** asks  all its  lawyers and  clients ​ to  sign  a  letter ​ confirming ​ agreement ​ to  its  “Governing Code” before finalizing the allocation of any project. See Appendix 11, Governing ​ Code for Legal and Development Partners.//+ 
 +//**A4ID** asks  all its  lawyers and  clients ​ to  sign  a  letter ​ confirming ​ agreement ​ to  its  “Governing Code” before finalizing the allocation of any project.//
  
 //Law firms that access **Centrum Pro Bono’s** program in Poland sign a general agreement ​ that does not commit them to a set number ​ of hours or projects, but allows them to adapt  their pro bono commitments to their current workloads. Centrum Pro Bono does not require law firms or NGOs to sign any additional agreements. //Law firms that access **Centrum Pro Bono’s** program in Poland sign a general agreement ​ that does not commit them to a set number ​ of hours or projects, but allows them to adapt  their pro bono commitments to their current workloads. Centrum Pro Bono does not require law firms or NGOs to sign any additional agreements.
-Other clearinghouses, ​ like PILnet’s Global Clearinghouse, ​ do not require parties to sign contracts or agreements.  ​However, PILnet-Budapest’s Clearinghouse ​ asks lawyers to complete ​ a one-page registration form which ascertains ​ contact information,​ confirms the lawyer’s interest in taking pro bono cases and assesses the lawyer’s availability for those cases. See Appendix 12, Lawyers Registration Form (Budapest). Where agreements are used it is important ​ that they are kept short, simple and easy to understand.// </​box>​+Other clearinghouses, ​ like PILnet’s Global Clearinghouse, ​ do not require parties to sign contracts or agreements. ​ // </​box>​
  
 ===== Preparing Requests ===== ===== Preparing Requests =====
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   * avoid attachments;​ they are ignored because they take longer to open and/or are difficult to read on a Blackberry or other smart phone.   * avoid attachments;​ they are ignored because they take longer to open and/or are difficult to read on a Blackberry or other smart phone.
  
-See Appendix 14, Global Pro Bono Clearinghouse Sample Pro Bono Matters List.+
  
 A possible advantage of communicating requests on the same day each week/month is that, over time, lawyers may start to anticipate receiving the emails and it may become a part of their schedules in some way. A possible advantage of communicating requests on the same day each week/month is that, over time, lawyers may start to anticipate receiving the emails and it may become a part of their schedules in some way.
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 //**Centrum Pro Bono**, in Poland, posts a list of current matters on its website in order to enable lawyers to review and select matters according to their own schedule.// //**Centrum Pro Bono**, in Poland, posts a list of current matters on its website in order to enable lawyers to review and select matters according to their own schedule.//
  
-//​**PILnet’s Global Clearinghouse** distributes its matters via email approximately once a month. As you can see, different approaches ​ suit different clearinghouses.//</​box>​+//​**PILnet’s Global Clearinghouse** distributes its matters via email every two weeks. As you can see, different approaches suit different clearinghouses.//</​box>​
  
 In many instances, only one lawyer will volunteer for a matter, and if it is a good match the lawyer gets the case. However, sometimes more than one lawyer will volunteer for a matter and the clearinghouse then has to choose which lawyer or firm will get the matter. It is important to have a clear policy on how requests are allocated (that is, which lawyers or law firms are chosen) so that lawyers know what they can expect and to avoid any perception of bias. Different criteria include: In many instances, only one lawyer will volunteer for a matter, and if it is a good match the lawyer gets the case. However, sometimes more than one lawyer will volunteer for a matter and the clearinghouse then has to choose which lawyer or firm will get the matter. It is important to have a clear policy on how requests are allocated (that is, which lawyers or law firms are chosen) so that lawyers know what they can expect and to avoid any perception of bias. Different criteria include:
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     * the languages required for the matter. This is an issue that may make one law firm better equipped than another.     * the languages required for the matter. This is an issue that may make one law firm better equipped than another.
  
-<box 80% blue> **PILnet** ​closely tracks each law firm and how many times they have requested ​ a matter, ​ how many times they have actually gotten the matter, ​ and how many times their assistance ​ has been turned +<box 80% blue> ​//**PILnet** ​allocates matters according to the best interests of the client. ​ If more than one lawyer or firm can offer comparable expertise ​and experience then PILnet will consider ​how many times the law firm has requested ​ a matter, ​ how many times they have actually gotten the matter, ​ and how many times their assistance ​ has been turned down. This helps to keep the allocation process equitable. ​// </​box>​
-down. This helps keep the allocation process equitable. ​See Appendix 15, Chart  of Lawyer Involvement. ​</​box>​+
  
 After the clearinghouse has chosen the appropriate lawyer or law firm to handle the matter, several important communications must take place. First, you must inform the selected lawyer or law firm that it is getting the case for which it volunteered. It is also important to ask the lawyer or law firm to confirm that there is no conflict of interest that prevents it advising the client. Rules about the implementation of this principle may vary from jurisdiction to jurisdiction,​ but it is important to understand this well and any other professional standards that apply to the provision of legal services. A clearinghouse should never consider a matter assigned until after the lawyer or law firm confirms that there are no conflicts and confirms that it can take the matter. After the clearinghouse has chosen the appropriate lawyer or law firm to handle the matter, several important communications must take place. First, you must inform the selected lawyer or law firm that it is getting the case for which it volunteered. It is also important to ask the lawyer or law firm to confirm that there is no conflict of interest that prevents it advising the client. Rules about the implementation of this principle may vary from jurisdiction to jurisdiction,​ but it is important to understand this well and any other professional standards that apply to the provision of legal services. A clearinghouse should never consider a matter assigned until after the lawyer or law firm confirms that there are no conflicts and confirms that it can take the matter.
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 After the pro bono work has been allocated, the level of involvement by the clearinghouse depends on the nature of the matter and the parties involved. Generally, a clearinghouse has limited involvement. After the pro bono work has been allocated, the level of involvement by the clearinghouse depends on the nature of the matter and the parties involved. Generally, a clearinghouse has limited involvement.
  
-<box 80% blue> Unlike in many clearinghouses, ​ in France the **Alliance des Avocats pour les Droits de l’Homme** continues ​ to stay involved. In fact, the Alliance acts as the intermediary between the NGO and the law firm. The NGO and law firm actually have no direct contact, unless the issue is very complex, or there are confidentiality concerns.</​box>​+<box 80% blue> ​//Unlike in many clearinghouses, ​ in France the **Alliance des Avocats pour les Droits de l’Homme** continues ​ to stay involved. In fact, the Alliance acts as the intermediary between the NGO and the law firm. The NGO and law firm actually have no direct contact, unless the issue is very complex, or there are confidentiality concerns.//</​box>​
  
 For those clearinghouses that choose to limit their involvement after the referral, it may still be beneficial to contact the NGO a month or two after the matter has begun to follow-up and find out how the matter is progressing,​ as problems sometimes arise well after the matter was first assigned. It is important to have proper systems, e.g., a “tickler” system that provides calendar reminders for this purpose. Often, as a result of the meeting between the NGO and the law firm, the content of the original pro bono request changes. For example, previously unknown issues may be discovered, or the NGO and law firm may sign a long-term cooperation agreement. In this event, the clearinghouse should be kept apprised of the terms of the new relationship and update its database accordingly. Also, a follow-up correspondence allows a clearinghouse to ask whether the NGO has other, new matters for the clearinghouse. For those clearinghouses that choose to limit their involvement after the referral, it may still be beneficial to contact the NGO a month or two after the matter has begun to follow-up and find out how the matter is progressing,​ as problems sometimes arise well after the matter was first assigned. It is important to have proper systems, e.g., a “tickler” system that provides calendar reminders for this purpose. Often, as a result of the meeting between the NGO and the law firm, the content of the original pro bono request changes. For example, previously unknown issues may be discovered, or the NGO and law firm may sign a long-term cooperation agreement. In this event, the clearinghouse should be kept apprised of the terms of the new relationship and update its database accordingly. Also, a follow-up correspondence allows a clearinghouse to ask whether the NGO has other, new matters for the clearinghouse.
  
-This type of communication serves two purposes. First, it allows the clearinghouse to determine whether the cases it is placing are successfully progressing. Occasionally,​ an NGO might report +This type of communication serves two purposes. First, it allows the clearinghouse to determine whether the cases it is placing are successfully progressing. Occasionally,​ an NGO might report a problem ​such as miscommunication,​ lack of communication,​ failure to receive a final product, etc. Second, this type of follow-up promotes the maintenance of this relationship and serves as an opportunity to obtain more matters from the NGO.
- +
-a problemmiscommunication,​ lack of communication,​ failure to receive a final product, etc. Second, this type of follow-up promotes the maintenance of this relationship and serves as an opportunity to obtain more matters from the NGO.+
  
 In the event a problem is reported by the NGO or by the law firm, it is recommended to communicate with both parties to fix the problem. Do not assume that one side has reported the problem accurately. Clearinghouses have an interest and obligation to ensure that the problem is resolved fairly, ​ there is a good relationship between the parties, the matter is completed in a reasonable time frame  and the NGO is satisfied. This may not always be possible, but the  clearinghouse ​ should ​ always ​ remain ​ professional and ensure that high standards are consistently met by all participants in the clearinghouse. In the event a problem is reported by the NGO or by the law firm, it is recommended to communicate with both parties to fix the problem. Do not assume that one side has reported the problem accurately. Clearinghouses have an interest and obligation to ensure that the problem is resolved fairly, ​ there is a good relationship between the parties, the matter is completed in a reasonable time frame  and the NGO is satisfied. This may not always be possible, but the  clearinghouse ​ should ​ always ​ remain ​ professional and ensure that high standards are consistently met by all participants in the clearinghouse.
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 <box 80% blue> ​ <box 80% blue> ​
  
-//**PBA** (formerly known as PILA) sent a “Thank You Certificate for Cooperation in PILA’s First Year” to law firms. Gestures like this encourage lawyers to take pro bono matters in the future.//+//**Pro Bono Aliance** sent a “Thank You Certificate for Cooperation in PBA's First Year” to law firms. Gestures like this encourage lawyers to take pro bono matters in the future.//
  
 </​box>​ </​box>​
establishing_and_running_a_pro_bono_clearinghouse.1381941697.txt.gz · Last modified: 2013/10/16 16:41 by marieanne_mckeown