JD Journal » pro bono

Jenner Block Earns Major Pro Bono Victory; 12,000 Hours Spent on Latest Trial

rebneely — Thu, 29 Dec 2011 08:00:53 +0000

In recent weeks, a panel of Illinois appeals court judges reversed Juan Rivera’s 1993 conviction for raping and murdering 11-year-old baby sitter Holly Staker in Waukegan the previous year.

The ruling (PDF) was a prominent pro bono victory for Jenner & Block, which came almost twenty years after Rivera was found guilty at the first of three trials. The law firm approximates that over 80 of its attorneys and staffers spent over 12,000 hours on Rivera’s latest trial and appeal.

Rivera’s original conviction was overturned based on questions about the evidence used against him. In 2006, a second guilty verdict was overturned after new DNA tests found he was not the source of semen found inside Staker’s body. The exculpatory DNA tests were obtained by lawyers from the Center on Wrongful Convictions at Northwestern University School of Law who continued their work on the case—joined by a Jenner team—for Rivera’s third trial, in 2009, and his latest appeal.

During Rivera’s 2009 trial, state prosecutors tried to explain the lack of DNA evidence against Rivera by suggesting Staker was sexually active and had sex with someone else before Rivera killed her. That was apparently enough for the jury, which did not consider the new DNA tests, convicted Rivera in May 2009, and sentenced him to life in prison without parole.

In its decision, the appellate panel stated that “no rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” The judges pointed to the lack of DNA evidence, and noted that Rivera’s confession did not prove his guilt because police officers fed him leading questions.

Stanford University Law School professor Lawrence Marshall, a cofounder of the Center on Wrongful Convictions, served as lead counsel on the most recent appeal, working alongside fellow center lawyers Jeffrey Urdangen and Jane Raley, and a group of Jenner lawyers led by litigation partners Terri Mascherin, Thomas Sullivan, and Andrew Vail.

Since its founding following the 1998 National Conference on Wrongful Convictions and the Death Penalty, the Center has been instrumental in the exonerations of 34 innocent men and women in Illinois. Before the founding of the Center, members of its staff were instrumental in 14 additional exonerations — including that of Gary Dotson, who in 1989 became the first person in the world to be exonerated by DNA.

Of the 48 exonerees, 13 had been sentenced to death. In all, they languished 478 years behind bars for crimes they did not commit. At an average cost per prisoner of $25,000 per year. The taxpayers’ tab for the wrongful imprisonment of the 37 innocent men and women (three of the latter) well in excess of $15 million — which pales beside the social costs of lives and careers destroyed and families devastated. Not to mention the death and destruction that resulted from leaving violent criminals on the street.

The Center was one of the first university-based innocence project to accept non-DNA cases as well as DNA cases. Of the 48 exonerations in which the Center or members of its staff have been involved, 22 were non-DNA cases. Typical of the non-DNA cases are those of Gordon “Randy” Steidl, Tabitha Pollock, Julie Rea Harper, Robert Wilson, and Jacques Rivera (our most recent non-DNA exoneree). Among our pending cases non-DNA cases outnumber DNA cases more than two to one.

The Center was the first university-based innocence project to accept non-DNA cases as well as DNA cases. Of the 37 exonerations in which the Center or members of its staff have been involved, just over half —21— were non-DNA cases.

FDA Aims to Shut Down One Man Sperm Bank

rebneely — Fri, 23 Dec 2011 17:03:13 +0000

Tis’ the season for giving. And Trent Arsenault is taking that quite literally.

He is a one man ‘bank’ – a sperm bank, that is. He has a website that lists his education and employment information, as well as his hobbies. In addition, he gives his blood type, as well as medical information, including test results from his most recent sexually transmitted diseases screenings.

No, you didn’t stumble onto one of the lost Maury episodes.

That’s right. Arsenault has been on a charitable mission since 2006, and has been giving away his sperm for free, so as to spare those trying to conceive the exorbitant fees charged by traditional sperm banks.

Since he’s been in the giving mood, Arsenault has fathered fourteen children, and there are four more on the way. He executes written donor agreements with his recipients and delivers his sperm in what he says are sterile storage cups.

That’s all well and good, or is it? The U.S. Food and Drug Administration aims to shut him down, on the grounds that he’s breaking the law by ignoring agency regulations covering those who “manufacture” human cells or tissues. The FDA served him with an “order to cease manufacturing” in November 2010. Specifically, the FDA claims, Arsenault has failed to adequately meet its requirements related to testing donors for communicable diseases.

However, Arsenault is challenging the order and has filed with the agency seeking a hearing on the matter. He argues that his relationship to those to whom he gives his sperm is that of a “sexually intimate partner” and that his donations are therefore not subject to FDA regulations. The case is still under consideration by the FDA, and he is being represented pro bono in his petition by lawyers from Washington, D.C.–based nonprofit public interest group Cause of Action.

Amber Taylor, who joined Cause of Action as a senior attorney in June after three years as an associate at Weil, Gotshal & Manges, authored the group’s November 7 brief backing Arsenault’s petition seeking a hearing.

She was quoted as saying in the recent amlawdaily.com article: “We took up the Arsenault case because we saw it as an instance where the government was improperly applying some regulations, and stepping between two individuals who were trying to have a child. We’re a little concerned when the government is telling people what kind of relationships they have.”

FDA guidelines do not actually define sexually intimate partnerships. That, the Cause of Action brief notes, is evidence that such relationships are defined on an individual basis.

Cause of Action’s brief also seeks to counter a motion to deny Arsenault’s bid for a hearing that FDA staffers filed in February. The agency argues in the order that his sexually intimate partnership claim is merely “an attempt to skirt the law.” Taylor says an evidentiary hearing is necessary to determine whether or not Arsenault’s claim holds water.

Taylor, who spent two years as an associate at O’Melveny & Myers before joining Weil in 2008, says Cause of Action contacted Arsenault in October to offer its assistance.

Pro Bono Work Tough to Perform

jim — Fri, 02 Dec 2011 16:32:54 +0000

Law students heading to law school with the hopes of fixing wrongdoings in the country soon realize how much debt they will encounter while in school and once they graduate. They also begin to realize that it will be difficult to find jobs with law firms upon graduation despite the allure of pro bono work combined with a corporate law salary. As the economy continues to change, law firms are finding it more and more difficult to give lawyers hours so freely, as in years past.

Compared to 2009, last year’s percentage of free legal hours fell drastically. The decline is caused by the problems in the economy, which pushes more and more people into poverty and bankruptcy. The economy causes child custody suits, foreclosures, and domestic violence suits. For those citizens with limited finances, government funding for no or low-cost legal services has also been cut.

Most lawyers will try to devote anywhere from 20 to 50 hours of free work each year in accordance with state bar licensing requirements. In order to offer their legal services the lawyers must sign up with various local or state groups or bar associations. There are only seven states in the country that actually track lawyers’ participation in this program but those states do not penalize lawyers who back out of the program.

The overall volunteer hours provided by attorneys are not tracked across the country but a survey performed by the Pro Bono Institute of Washington D.C. found that the number of pro bono hours worked dropped by 8.6 percent in 2010. The program has been in operation for almost 20 years and 2009 was the most active year for the work.

Esther Lardent, the chief executive of the Pro Bono Institute had the following to say about the pro bono work:

“Law firms are anxious, and they don’t staff up quickly to meet the increase in client demand when the economy begins to improve. Much of the pro bono work is done by younger lawyers, but when they are in short supply, paid work is the priority.”

Right now, law firms are working to retain or acquire clients in a world where corporate clients are no longer willing to pay incredibly high rates for legal services. Pro bono work allows attorneys to gain valuable trial experience, do some good for the community, and still acquire an excellent paycheck.

Akin Gump is located in Washington D.C. and its lawyers have accrued close to 48,000 free hours of work, and expect to close in on the 57,000 free hours of work accrued in 2010.

Larger law firms in the country have bigger budgets when it comes to covering expenses, such as travel, when doing pro bono work. The smaller law firms are having the most trouble performing pro bono work because of their smaller budgets.

Deferred Employment being Weighed by Law Firms

jim — Thu, 01 Dec 2011 02:37:51 +0000

Mary Gay Scanlon is the pro bono counsel for the law firm of Ballard Spahr. Scanlon talked about deferring law students’ first years at firms.

“Withdraw[ing] offers to [young lawyers] who we had an investment in. We didn’t want to leave them in a lurch. It’s hard to get the right mix of situations where it’s worthwhile. The tension is that the law firm doesn’t want to give up a highly compensated associate for long periods of time,” she said. “We quickly said: ‘Wait a minute, maybe we can salvage something for everyone here. We can make sure that these young lawyers — some of the best and the brightest — have good work to do for this year.’”

The law firm offered stipends of cash to first-year lawyers if they were to develop their litigation skills elsewhere. Not all of Ballard Spahr’s deferred associates practiced law in the interim. Instead, some of them were placed in government agencies, public interest firms, corporations and one went to graduate school.

“In-house experts and in-house advocates for a variety of different pro bono opportunities,” said Scanlon. “Which helps with bringing strength in new areas to the firm. Poverty law is not a part of our daily practice and it’s highly beneficial to have someone who’s an expert in U visas or a whiz with asylum or SSI disability cases in-house.”

Lisa Swaminathan, a deferred associate of Ballard Spahr, spent her time at Community Legal Services while on her deferral. She spent her time working on family law, which Ballard Spahr does not practice. Swaminathan took care of cases from start to finish, with the majority of them dealing with child welfare cases.

“This was a chance to get our feet wet doing something really positive, so I was really excited,” Swaminathan said. “That was the experience that I was looking for … [to get] to court … to know the people who I was representing, to learn how to work for a client.”

Swaminathan decided it would be in her best interest to remain at CLS for an extra year after her deferral ended. It was a temporary position that was paid for by money funded through stimulus money. Swaminathan joined Ballard Spahr in September of 2011 after two years of public interest work, helping her gain valuable experience prior to being hired full-time at the law firm.

“I learned … that [my clients were] the driving force behind everything I was doing, and it can be harder to learn that when you’re just starting out,” Swaminathan said. “It’s a hard thing to take someone out of law school and get them to a point where they can walk into a courtroom and represent a client, and I felt like I really got that at CLS.”

Occupy Wall Street Movement Spurs Pro Bono Legal Effort for Protestors

rebneely — Mon, 31 Oct 2011 15:33:48 +0000

As the Occupy Wall Street movement grows all around the country, many protestors have been arrested for trespassing, failure to disperse and other such violations. To help them navigate the legal system, many attorneys are stepping up the plate – at no charge.

The services they’re providing? Drafting and filing motions, monitoring the protests as legal observers, advising the protestors about negotiating with city leaders, and showing up on short notice to provide representation for jailed protestors.

Carol Sobel, co-chair of the Mass Defense Committee of the National Lawyers Guild was quoted as saying in the October 30^th kansascity.com article, “Volunteer lawyers help ‘Occupy’ protesters through legal system”: “It’s probably bigger than the anti-war movement, because there are so many simultaneous demonstrations. I’ve never seen anything like it.”

Cincinnati attorney Jennifer Kinsley was quoted as saying: “What if we had shut the civil rights movement off after three days? Would we have had the Civil Rights Act? Would we have had Martin Luther King Jr.? Would we have had progress? No.”

In recent days, when police attempted to disperse Occupy Los Angeles protesters who had put up tents on a street corner along the motorcade route of President Barack Obama, who was in town for fundraisers, an observer contacted Sobel. Per the article, she advised the group to stay where they were, based on the argument they were being singled out unfairly, as the street wasn’t being closed, nor were any businesses being asked to close. Likewise, no one on the street, including pedestrians were being searched or removed from the area.

Sobel was quoted as saying regarding the incident: “They stood their ground, the president came and went and there was no problem. But there’s always that constant pushback. That’s why the lawyers are so critical, because they can give information to the protesters and vigorously arm them with the law. And the law’s on their side.”

The National Lawyers Guild is a non-profit federation of lawyers, legal workers, and law students. Since 1937, Guild members have been using the law to advance social justice and support progressive social movements. The Guild has chapters throughout the United States, and its National Office is located in New York City. The NLG is dedicated to the need for basic change in the structure of the country’s political and economic system. It seeks to unite the lawyers, law students, legal workers and jailhouse lawyers to function as an effective force in the service of the people, to the end that human rights shall be regarded as more sacred than property interests, according to information at the Guild’s website.

According to the information at Occupy Wall Street’s website, “Occupy Wall Street is a leaderless resistance movement with people of many colors, genders and political persuasions. The one thing we all have in common is that We Are The 99% that will no longer tolerate the greed and corruption of the 1%. We are using the revolutionary Arab Spring tactic to achieve our ends and encourage the use of nonviolence to maximize the safety of all participants. This #ows movement empowers real people to create real change from the bottom up. We want to see a general assembly in every backyard, on every street corner because we don’t need Wall Street and we don’t need politicians to build a better society.”

100% of Hunton Williams Full Time U.S. Attorneys Work on Pro Bono Projects

rebneely — Wed, 20 Apr 2011 13:07:28 +0000

For the second year in a row, 100 percent of Hunton & Williams’ full-time U.S. lawyers have worked on pro bono projects, donating more than 60,000 hours for the firm’s fiscal year ending March 31.

This is the 16^th year in a row that the firm has met or exceeded the Pro Bono Institute’s Law Firm Pro Bono Challenge of donating at least 3 percent of its annual billable hours to pro bono service.

Wally Martinez, managing partner of Hunton & Williams was quoted as saying in a press release at the firm’s website: “I am very proud of the commitment to service again demonstrated by our lawyers. We all know that the weak economy has placed great burdens on many in our communities. I am happy to see that the lawyers at Hunton & Williams stepped up to meet the legal needs of our pro bono clients in a variety of matters, including those affecting their homes, benefits, children, and health care.”

Hunton has championed a wide variety of causes, including lobbying Congress for a legislative waiver to rebuild Haiti, helping immigrants seek asylum from persecution, and providing legal services for the poor and underserved in our country facing recession challenges. This year, the firm stepped up its assistance for older veterans seeking military benefits for themselves and their families.

With over 900 attorneys, Hunton & Williams serves clients in 100 countries in 18 offices around the world.

Morning Roundup

joshua — Wed, 03 Nov 2010 13:12:23 +0000

Good morning everyone! Today is Wednesday, November 3rd. Here’s a quick look back at yesterday’s stories.

Katten Muchin Rosenman added a team of 13 structured finance lawyers from Dewey & Leboeuf…

A former female associate filed a discrimination suit against Clifford Chance…

Orrick, Herrington & Sutcliffe launched a Social Sector Finance (SSF) practice group…

Best Lawyers named Cohen & Grigsby attorney Charles R. Brodbeck “Pittsburgh Public Finance Lawyer of the Year” for 2011…

Corporate Counsel will host a one-day Focus Europe Summit at The Concierge Conference Center in New York City…

Orrick Launches New Practice Group with Pro Bono Focus

joshua — Tue, 02 Nov 2010 17:27:01 +0000

Orrick, Herrington & Sutcliffe LLP said Tuesday it has launched a Social Sector Finance (SSF) practice group.

Orrick’s SSF practice group focuses on the areas of microfinance, education, water, health, energy and housing. The firm said despite the importance of access to these services, funding for SSF organizations is often difficult to obtain, structure and invest in.

“Our long-standing pro bono work has allowed us to leverage and expand our knowledge and capabilities as well as develop relationships with non-governmental organizations and governmental agencies involved in SSF sectors,” said Cam Cowan, senior partner for the Transactional Division and a member of Orrick’s Executive Committee. “Through our prior pro bono work, we have discovered that few law firms operate in this space, and we view this as a unique opportunity for us to better support organizations pursuing SSF objectives.”

SSF – also known as Sustainable Investment or Socially Responsible Investment – is unlike traditional finance in that it has a “triple-bottom line” investment approach, the firm said. This means that SSF is geared towards achieving the investment objectives of financial return; social return; and environmental return.

SSF clients focus on building scalable, sustainable solutions for individuals and companies throughout the world.

Orrick has represented SSF clients in a wide range of pro bono. Since 2003, the firm has worked with leading SSF organizations including Calvert Foundation, CHF International, Enzi, Vittana, Water.org, MercyCorps and Kiva, and it currently represents a significant number of the largest and most active SSF organizations globally on both a pro bono and a paying basis. The firm also represents various SSF funds, capacity-building organizations, foundations and other key stakeholders.

Orrick, Herrington & Sutcliffe LLP is a global law firm with more than 1,100 lawyers in North America, Europe and Asia.

Morning Roundup

joshua — Tue, 27 Jul 2010 12:42:46 +0000

Good morning everyone! Today is Tuesday, July 27th. Here’s a quick recap of yesterday’s stories.

Littler Mendelson hired a new international employment leader…

Baker Donelson significantly revised its pro bono policy…

Baker Donelson’s Revision of Pro Bono Policy Allows for Significant Increase in Free Legal Services

joshua — Mon, 26 Jul 2010 16:08:59 +0000

The law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC has revised its pro bono policy in such a way that the number of hours its nearly 550 attorneys spend providing free legal services to people of limited means could significantly increase.

According to the article at the firm’s website, Baker Donelson’s new pro bono policy provides billable hour credit to all attorneys for up to 50 hours per year of pro bono work, up from the previous credit total of 20 hours per year.

According to Lisa Borden, Baker Donelson’s Pro Bono Shareholder and a member of the Firm’s Birmingham office, the change is designed to encourage the Firm’s attorneys to dedicate even more of their time to providing legal representation free of charge to those who otherwise could not afford the services of an attorney.

“Attorneys are expected to spend a certain number of hours each year performing billable work for clients,” said Ms. Borden. “Our new policy allows attorneys to count up to 50 hours of pro bono work each year toward their annual billable hour goal. Our expectation is that this will make it much easier for our attorneys to commit to contributing more of their time to serving those in need. Of course, many of our attorneys already devote more than 50 hours per year to pro bono work, and in those cases the additional billable hour credit helps to reward their efforts.”

Over the years, the Firm’s attorneys have provided a variety of counsel to many groups of people, including immigrants, refugees, the elderly and the impoverished. Baker Donelson’s counsel extends to a wide range of matters, including advocating for the homeless and organizations that serve the homeless, and death penalty litigation.

For over 120 years, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC has built a reputation for achieving results for its clients on a wide range of legal matters. With over 550 attorneys representing more than 30 practice areas in 15 offices, the firm is the 73rd largest in the U.S.

Jenner & Block Rated Nation’s Top Pro Bono Firm

joshua — Fri, 09 Jul 2010 16:20:14 +0000

Jenner & Block was named the top law firm in the country for pro bono service for the third year in a row by The American Lawyer magazine.

Jenner & Block offered more than 69,000 hours of pro bono service in 2009 to top the AM Law rankings. Services offered included helping fledgling non-profits and representing the needy in courts across the country, Jenner & Block said in a press release.

The firm obtained the number one rank through a combination of having 161.1 average pro bono hours per attorney, and having 83.5% of its attorneys, representing 100% of associates and nearly two-thirds of partners, contribute more than 20 hours to pro bono matters.

“This is a significant honor for our Firm,” said Susan C. Levy, Jenner & Block’s Managing Partner. ”It confirms the substantial commitment and effort our attorneys made in 2009 to helping the neediest in our communities, and reflects our unwavering dedication to the Firm’s core values.”

In addition to the past three years, Jenner & Block was also rates as the nation’s top pro bono law firm in 1998. Jenner & Block has around 450 attorneys with offices in New York, Chicago, Los Angeles and Washington D.C.

D.C. Bar Reports That, Despite Economy, Good Being Done

eric — Fri, 25 Jun 2010 18:46:09 +0000

The Washington Business Journal: Major DC firms are still doing work pro bono despite downsizing and the current economic lag. The report was just released by the District of Columbia Bar Association.

Good for them. In fact, according to the report, pro bono work increased by 2.5 percent in 2009 among the 29 firms that responded to the bar association’s questionnaire. Those firms provided a total of 707,653 hours of time to those less fortunate. Those hours rose significantly from 2008.

Equally admirable, among the 29 firms who responded to the survey, there was a total of 345 lawyers dropped in the last year. Traditionally, many younger associates handle the laboring oar when it comes to pro bono work. With the recent round of layoffs, deferment and plain old down sizing, there are less lawyers to handle more service-oriented work in the community. A positive trend that points to more senior level attorneys getting back in the trenches of work for the common good.

D.C. Lawyers Honored With Legal Times Awards

joshua — Mon, 07 Jun 2010 19:48:03 +0000

The third annual Legal Times Awards, which honors Washington D.C. lawyers for both business savvy and public service, were announced by the National Law Journal Monday. A total of 20 D.C.-area lawyers were named in two categories.

The first set, dubbed ‘Champions’, honors those who have upheld the profession’s core values through public service, pro bono efforts and civil liberties advocacy. The other, ‘Visionaries,’ singles out lawyers that have been played a key role in expanding their firms, improving government or advancing the law.

NLJ Editor-in-chief David Brown commented on the awards in a press release.

“Our goal with this project is to highlight the work of Washington lawyers who have taken stands on any number of issues,” Brown said. “This year’s list includes lawyers who’ve tried to help reform Washington, D.C.’s government, who’ve revived government agencies, and who’ve made gutsy moves to help expand their businesses and practices.”

This year’s honorees are:

Champions:

Robert Bennett, Hogan Lovells
Jerry Hartmann, Drinker Biddle & Reath
Tony Herman, Covington & Burling
Timothy Lewis, Schnader Harrison Segal & Lewis
John Nields Jr., Howrey
Theodore Olson, Gibson, Dunn & Crutcher
Judge James Robertson, U.S. District Court for the District of Columbia
Amy Sabrin, Skadden, Arps, Slate, Meagher & Flom
Lawrence Schneider, Arnold & Porter
William Schultz, Zuckerman Spaeder

Visionaries:

Nicholas Allard, Patton Boggs
Diane Bieri, PhRMA
Lanny Breuer, U.S. Department of Justice
George Cary, Cleary Gottlieb Steen & Hamilton
Kent Gardiner, Crowell & Moring
J. Warren Gorrell, Hogan Lovells
Robert Khuzami, Securities & Exchange Commission
Jeffrey Lamken, Molo Lamken
Carolyn Lamm, White & Case and president of the American Bar Association
Andrew Sandler, BuckleySandler

Mintz Levin Awarded Presitgious ABA Pro Bono Award

joshua — Wed, 26 May 2010 21:18:22 +0000

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo has been awarded the American Bar Association’s Pro Bono Publico Award in recognition of its “outstanding commitment to volunteer legal services” in connection with work leading to passage of a landmark sexual assault, stalking and harassment law in Massachusetts.

Mintz Levin is among five individuals and institutions to be honored with this year’s award, which will be presented by the Standing Committee on Pro Bono and Public Service at the ABA’s annual meeting in August.

“Twenty years ago the firm focused its pro bono efforts on protecting victims of domestic violence. Today, we are equally, if not more, committed to furthering those efforts and engaging attorneys across all of our offices,” said Robert I. Bodian, managing member of Mintz Levin. “It is particularly gratifying to be receiving this award because it recognizes Mintz Levin’s contribution to the passage of a law that will have positive effect on the lives of so many people.”

The Massachusetts law, which was signed by Governor Deval Patrick in February, allows victims of sexual assault, stalking and harassment to obtain protective orders against their stalkers. Mintz Levin attorneys took the lead in drafting the bill on a pro bono basis.

The ABA’s Pro Bono Publico Awards program seeks to identify and honor individual lawyers and small and large law firms, government attorney offices, corporate law departments and other institutions in the legal profession that have enhanced the human dignity of others by improving or delivering volunteer legal services to the nation’s poor and disadvantaged.

Recipients must be nominated by other individuals or organizations.

Morning Roundup

joshua — Tue, 25 May 2010 13:35:04 +0000

Good morning everyone! Today is Tuesday, May 25th. Here’s a quick look back at yesterday’s stories.

Insurance and Regulatory Authority Cope Brings Practice to Schuyler, Roche & Crisham, P.C….

Charlotte, NC Firm Honored For Pro Bono Work…

Morris Manning & Martin Announces Summer Associate Program…

Fewer Summer Jobs For Law Students…

Charlotte, NC Firm Honored For Pro Bono Work

eric — Mon, 24 May 2010 16:52:48 +0000

According to the Charlotte Business Journal, Robertson, Bradshaw & Hinson has received the 2010 Pro Bono Award for large law firms. The award is given by the North Carolina Bar Association and honors the firm for its work with Legal Aid of North Carolina and Legal Services of Southern Piedmont. In addition, fifteen Robertson attorneys were lauded for their work with 50 homeless families in the Charlotte area.

Founded in 1960, Robinson, Bradshaw & Hinson is a Charlotte, North Carolina based corporate and commercial law firm committed to providing each client with the highest quality, comprehensive legal services. Robinson Bradshaw serves as counsel to public and closely-held enterprises operating in domestic and foreign markets, individuals, municipal, county and state agencies, public utilities, health care institutions, financial institutions, tax-exempt organizations, and investment funds of various types.

Morning Roundup

sara — Wed, 10 Mar 2010 13:02:43 +0000

Good morning everyone! Today is Wednesday, March 10, and here’s a quick look back at yesterday’s news…

Akerman Senterfitt opens a Las Vegas office…

Arent Fox names Mark Katz it’s new chairman…

The Massachusetts Bar Association will honor Fish & Richardson for their pro bono work…

Greenberg Traurig defends their firing of an alleged thief…

K&L Gates bolsters it’s London practice with a pair of partners…

Dewey & LeBoeuf lay off 30 staffers…

Loeb & Loeb create a new video game practice…

Sikh Wins Battle to Wear Religious Garb on Active Duty

joshua — Mon, 26 Oct 2009 21:50:13 +0000

As a young atheist in the Army, I took great delight in registering as a follower of various obscure religions each time I switched duty stations, because the base chaplain was supposed to provide appropriate services for me. It was a stupid, albeit fun, thing to do and I never did get my Zoroastrian services. I served with soldiers from every walk of life and a variety of religions, although the topic rarely came up. Nobody wore a crucifix on their lapel, or a Star of David, or any other religious insignia, and the unit remained cohesive.

Today a Sikh, represented by a pro bono team from McDermott Will & Emery, convinced the army to allow him to serve while in religious garb, including a beard and a turban. Although the army says this was an individual decision, it’s hard to see how it won’t set a precedent for followers of all faiths to press a claim.

As a rule, I try to keep my editorializing here to a minimum, but this is something I feel passionate about. The military has strict rules for uniform appearance and those rules are applied evenly to people of all faiths and all walks of life. Rich, poor, black, white, Ivy League and high school grad all appear the same in army green. Uniform standards promote unit cohesion because they avoid singling anyone out. Uniform standards also ensure that military equipment is efficient – it’s difficult to get a tight seal on a gas mask with a beard, for example.

Today it seems that the need for uniformity is even greater, particularly when it comes to overt religious displays. We are sending men and women into two conflict zones, and in both we are asking them to fight an enemy that perceives this is a religious war. Visible signs of faith will only exacerbate an already tense situation, while we work to convince the populace that we are not on a religious crusade.

I welcome your comments.

As US Law Firms Shed Lawyers, Pro Bono Work Is Up

Erik Even — Sat, 25 Jul 2009 00:39:48 +0000

Pro bono work for the poor and disadvantaged, performed by signatories to the Law Firm Pro Bono Challenge, increased by 558,400 hours, or 13%, in 2008, despite an economic recession that caused the shutdown of several law firms and thousands of layoffs.

The Pro Bono Institute 2008 Challenge Report showed that in 2008, 134 of the nation’s largest law firms performed 4,844,000 total hours of pro bono work, as compared to 135 firms that performed 4,285,684 hours in 2007, an increase of 13%.

Not only has the number of pro bono hours donated by firms grown dramatically since 2007, the number of lawyers performing those hours has increased as well. In 2007, 17,500 partners and 29,600 associates participated, while in 2008, 19,100 partners and 33,900 associates participated, an over 12% increase in participation.

There are 145 signatories to the Institute’s Law Firm Pro Bono Challenge, which was developed by law firm leaders and corporate general counsel.

Established in 1996, the Pro Bono Institute is a nonprofit organization with a mandate to explore and identify new approaches to the poor and disadvantaged unable to secure legal assistance to address critical problems.

Howrey Adopts Apprenticeship Model for First Years

Erik Even — Mon, 22 Jun 2009 20:45:47 +0000

Howrey, which laid off 25 staff in April, is adopting an “apprenticeship” program for its incoming associates, similar to that proposed by Drinker Biddle in May.

Under Howrey’s Tier 1 Program, new associates will spend only one-third of their time in their first year on billable client work. The rest will be spent on pro bono work and training programs.

In the “Howrey Academies,” associates will be taught writing, get assigned to trial teams, plus other programs.

In year two, associates will work on client secondments, judicial externships, and other advanced development opportunities. Billable hours in the second year will be capped at about half of total hours.

The bad news? The Tier 1 Program will be limited to a select number of associates each year. Compensation is annual salary of $100,000, plus $25,000 upon acceptance of the job offer to defray law school loans or third year law school expenses.

In their second year at the firm, participants will receive an annual salary of $125,000 and a $25,000 bonus upon successful completion of the program, and entry into Tier 2 of Howrey’s associate development program. Higher compensation may be offered to candidates with special qualifications, such as advanced technical degrees or clerkships.

Howrey LLP was founded as Howrey, Simon, Baker, & Murchison in 1956, and was the first national anti-trust law firm. It has more than 700 attorneys in 17 locations worldwide.

Aussie AG Boosts Funds for Pro Bono Jobs

Erik Even — Sun, 14 Jun 2009 19:34:58 +0000

Australian Attorney-General Robert McClelland will provide AUD $40,000 ($32,500) to the National Pro Bono Resource Centre, to create paying work for unemployed lawyers, and for employed lawyers who need pro bono hours.

The project helps provide pro bono assistance in regional and rural areas of Australia.

Located at the Law School of the University of New South Wales, the National Pro Bono Resource Centre was established in 2002, by recommendation of the National Pro Bono Task Force to the Commonwealth Attorney-General. The Centre is incorporated as a company limited by guarantee with a Board and Advisory Council.

It is an independent, non profit organization that aims to encourage pro bono legal services, support lawyers and law firms to make it easier for them to provide high quality pro bono legal services, and work with the profession and the community sector to match services with the clients and groups most in need of assistance.

Magazine: The Hartford Has ‘Best Legal Department’

Erik Even — Wed, 20 May 2009 20:28:19 +0000

Incisive Media’s Corporate Counsel magazine today announced the selection of the in-house attorneys of The Hartford Financial Services Group as winners of the magazine’s fourth annual “Best Legal Department” competition.

Corporate Counsel’s editors also named the legal departments of Exelon Corporation and IBM as finalists.

The in-house legal department at The Hartford was selected for its work and success in negotiating, structuring and closing a critical deal with global insurance giant Allianz SE in record time. In the midst of the financial service industry’s meltdown last September, the agreement brought The Hartford a crucial $2.5 billion capital infusion that played a key role in saving the company from insolvency.

The legal team later repeated its stellar performance, enabling The Hartford to acquire a troubled bank under a tight deadline, and allowing the company to qualify for participation in the Treasury Department’s TARP program.

The magazine’s editors cited Exelon Corporation’s legal department for its efforts in expanding pro bono work and improving lawyer diversity. The 580 lawyers in IBM’s global legal team were recognized for their groundbreaking work and innovation across a variety of areas.

Winners were selected from responses submitted to a detailed questionnaire developed by the editors and reporters of Corporate Counsel and distributed to the general counsel of all Fortune 500 corporations.

Founded in 1810, Hartford Connecticut’s Hartford Financial Services Group, aka The Hartford, is a Fortune 100 company, and one of America’s largest investment and insurance companies.

Russell McVeagh Avoids Layoffs, Ups Pro Bono Work

Erik Even — Thu, 23 Apr 2009 17:58:42 +0000

Rather than lay off under-productive attorneys, New Zealand law firm Russell McVeagh is encouraging its lawyers to increase their pro bono work until the global economy picks up.

Russell McVeagh has been providing lawyers for one day a week at community law centers in Mangere and Wellington for decades.

The firm also provides lawyers for Cure Kids, the Karori Sanctuary Trust, the New Zealand Film Festival Trust.

Russell McVeagh, formerly Russell McVeagh McKenzie Bartleet & Co, is one of New Zealand’s “big three” top law firms. The firm was formed in 1863, and operates from offices in Auckland and Wellington.

Update: Hogan & Hartson Reduces Pay for Certain First-Year Associates

Erik Even — Fri, 03 Apr 2009 16:59:57 +0000

Yesterday Hogan & Hartson laid off 93 US support staff.

Today we learn more about changes in compensation for associates who joined the firm in Fall 2008.

Hogan offers two compensation tracks for its associates; those who bill 1,950 hours per year plan earn at least $160,000, while those on the 1,800-hours plan earn at least $145,000.

Starting yesterday, the firm moved associates who aren’t on track to bill at least 1,850 hours to the reduced salary track.

Associates can move back up to the higher salary level by billing 1,950 hours by the end of this year. They can count up to 100 pro bono hours toward their billable hour totals. If they log more than 1,850 hours but less than 1,950, they will be compensated proportionally.

The firm says it hopes the changes will not be carried over into 2010.

Founded in 1904, Hogan & Hartson is the oldest major law firm headquartered in Washington, DC. It is a global firm with more than 1,100 lawyers in 27 offices worldwide, including offices in North America, Latin America, Europe, the Middle East, and Asia.

Attorney In Keller Case Wants To Take Less, But Says He Can’t

Erik Even — Sat, 28 Feb 2009 01:30:02 +0000

Sharon Keller, the presiding judge of Texas’ highest criminal courts, is in a legal battle fighting charges that she violated her judicial duties in a death penalty case two years ago.
Her defense team, headed by Chip Babcock, is likely to be very expensive. However, the state of Texas is only paying the prosecution, headed by Mike McKetta, one dollar.
“I would do it for a dollar, too,” Babcock said. “McKetta and I could duke it out for just a buck. That would be fun. The problem is that if the (Texas) Ethics Commission is correct … I can’t.”
Last December, the ethics commission slapped Texas Supreme Court Justice Nathan Hecht with a $29,000 fine, ruling that a $167,200 discount he received on legal fees amounted to a political contribution that exceeded the $5,000 limit on donations from law firms and from individual lawyers.
“The government gets a pro bono law firm to help them, and then the government turns around and says, ‘Judge, you can’t get a pro bono law firm, and any lawyer you get has to charge you 100 percent of their standard rates,’” Babcock said.

Greenberg Traurig Names 2009 Public Interest Fellows

Erik Even — Sat, 21 Feb 2009 18:16:02 +0000

Greenberg Traurig, in alliance with Equal Justice Works, has named its 2009 Fellows, ten individuals to receive funding though the Greenberg Traurig Fellowship Foundation to provide legal services pro bono to community programs.

The public interest law fellowships begin in September and run for two years. The combined classes of 2008 and 2009 will consist of 21 fellows.

Since the Foundation was founded in 1998, Greenberg Traurig has sponsored more than 85 fellows who have worked on innovative public interest projects in many of the communities in which the firm’s attorneys practice. The fellowships offers salary and loan repayment assistance, a national training and leadership development program, and other forms of support.

Greenberg Traurig employs more than 1,800 attorneys and governmental affairs professionals in the US, Europe and Asia. The firm was selected as the 2007 USA Law Firm of the Year by Chambers and Partners.

Norton Rose Offers Trainees Cash to Defer Start Dates

Erik Even — Sat, 21 Feb 2009 17:31:19 +0000

Norton Rose has offered trainees due to join the firm in 2009 and 2010 up to £10,000 to defer the start dates of their training contracts.

The London firm, which has roughly 55 trainees due to join across its September 2009 and January 2010 intakes, has contacted all of the future trainees asking for volunteers willing to push back their start date.

Those who accept will be offered up to £10,000 if they come up with something “meaningful and constructive” with their time off, while those wishing to start on the agreed date will be able to do so.

Norton Rose said that it has given trainees options to develop their skills during the year off by offering opportunities for pro bono work, internships with clients, completing a masters degree and placements within international offices.

The Norton Rose Group is a leading international law firm. It offers business law services from 20 offices across Europe, the Middle East and Asia. With around 1000 lawyers, its practice specializes in five key areas: corporate finance, financial institutions, energy and infrastructure, transport and technology.

Simpson Thacher Assigns Associates Pro Bono Work

Erik Even — Fri, 20 Feb 2009 20:23:34 +0000

New York’s Simpson Thacher & Bartlett is sending some of its associates to year-long stints at nonprofit organizations.

The firm has extended the duration of its public interest fellowships from three months to one year, with the expectation that the associates will return to the firm after their service.

The law firm is offering fellowships to 15 associates with one to three years of experience and paying them $60,000 up front. They will not remain employees of the firm while they work for the nonprofit, although they can keep their insurance benefits.

The starting salary for Simpson Thacher associates is $160,000. No layoffs have been reported at the 869-attorney firm during the recession, although legal blogs have reported rumors of associate cutbacks there.

Public interest entities have experienced funding declines due to belt-tightening among donors. At the same time, many report that the need for their services has grown because of layoffs and repercussions from the economy’s nosedive.

Law Firms Target Pro Bono, Diversity for Job Cuts

Erik Even — Thu, 19 Feb 2009 22:41:49 +0000

According to the Legal Intelligencer, law firms are targeting the directors of their pro bono and diversity initiatives when time for layoffs rolls around.

Diversity and pro bono initiatives took root in many firms over the past few years, but the economy might make having individual directors at the fore of those programs a less tenable prospect.

When Saul Ewing laid off 12 people earlier this year, the cuts included the firm’s full-time diversity program manager and its full-time pro bono counsel…

Buchanan Ingersoll & Rooney briefly had a director of diversity position that was held by Elizabeth Mell… It was eliminated amid a round of staff cuts the firm did in November…

Virginia Essandoh heads up Ballard Spahr Andrews & Ingersoll’s diversity program. For firms looking to remain in favor with clients and serve as an attractive environment for diverse attorneys, she said this is not the time to cut back on client service and is the time to invest in their people.

Read the whole story at New York Lawyer.

Unemployed Lawyers Invited to Volunteer for Pro Bono Work

Erik Even — Thu, 05 Feb 2009 22:01:57 +0000

Above the Law is mocking an Illinois legal aid society for offering unemployed lawyers the chance to volunteer for pro bono work. CARPLS offers legal aid to low-income residents of Cook County.

A local legal aid provider is seeking unemployed lawyers as volunteers to staff its telephone hotline for low-income families in need of legal advice…The volunteers must be licensed Illinois lawyers and are asked to work on the CARPLS hotline for at least four hours each week on a morning or afternoon shift. [Al] Schwartz said CARPLS officials hope that between 40 and 50 out-of-work lawyers will volunteer for the new program. The new volunteers will supplement the work of 32 paid staff lawyers, Schwartz said.

CARPLS officials posted a job description for the new program on craigslist and other online sites Thursday afternoon, Schwartz said. By Friday morning, there were about 35 responses, he added. The first response was from a lawyer who was offended because she was being asked to work for free, according to Schwartz. The rest of the responses came from lawyers interested in participating in the program, he added.

It makes sense to me that unemployed attorneys waiting for the economy to pick up might as well use their free time to help the underserved.It would look good on the ol’ CV as well.

Via ATL. CARPLS site.

Arnold & Porter “Best” DC Law Firm for Employees

Erik Even — Sat, 24 Jan 2009 18:47:05 +0000

Fortune Magazine says DC law firm Arnold & Porter is not only the best DC law firm for which to work; it is the 21st best company to work for in the United States.

Fortune cited features like Arnold & Porter’s generous paid maternity leave and on-site child care options. It also offers a sliding scale for health insurance premia, based on income.

Founded in 1946, Arnold & Porter LLP is an international law firm based in Washington, which is well known for its trial, corporate, and antitrust work; and for its pro bono commitments and support for liberal causes.

S. Carolina: Hey, Court-Appointed Attorneys Representing Indigents: We Won’t Pay You

Erik Even — Mon, 29 Dec 2008 18:34:37 +0000

In South Carolina, most court-appointed lawyers who represent indigent clients in criminal and civil cases won’t get paid by the state after this Wednesday, because of budget cuts.

The SC Commission on Indigent Defense has voted to suspend the payment of legal fees in all non-capital criminal and civil cases.

Patton Adams, the agency’s executive director, says the commission will review the situation within 90 days to determine whether payments can resume.

Court-appointed lawyers represent poor criminal defendants in cases that can’t be handled by public defenders, and in a type of appeal known as post-conviction relief. They also are appointed in child abuse and neglect cases in family court.

“Lawyers across the state will now have the obligation to represent people for free,” said attorney Joe McCulloch. “What other profession is required to do that?”

Charleston attorney Brad Waring, former president of the state Bar, said he believes that requiring lawyers to work for free is “flat unconstitutional.” He blames state lawmakers for the situation.

Some lawyers have discussed the possibility of refusing court appointments, although they could be disciplined by the state Supreme Court, which regulates lawyers.

State Supreme Court Chief Justice Jean Toal said she is sympathetic to the lawyers’ concerns, but pointed out the US Supreme Court has ruled that criminal defendants facing jail or prison time must have lawyers even if they can’t afford one.

Attorneys who refuse those appointments “risk having those criminal convictions reversed because defendants were not provided with counsel,” she said.

The Palmetto State’s Judicial Department so far this year has suffered more than 20 percent in cuts, with more to come.

Via The State.