establishing_and_running_a_pro_bono_clearinghouse
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establishing_and_running_a_pro_bono_clearinghouse [2013/10/16 17:47] marieanne_mckeown [Agreements Between Parties] |
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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| - | //**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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| - | //**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. | ||
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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 problem—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. | + | |
| 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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| - | //**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.1381945674.txt.gz · Last modified: 2013/10/16 17:47 by marieanne_mckeown
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