PILI also has a variety of other resources to aid you in your pro bono efforts:

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1 Dear Law Firm Pr Bn Leader: The Public Interest Law Initiative (PILI) is pleased t present yu with the Pr Bn Prspectus, develped by its pr bn cnsulting prgram, the Pr Bn Initiative. The infrmatin included in this flder was designed t prvide yu with a starting pint fr leading discussins at yur law firm abut develping a frmal pr bn prgram and encuraging participatin in the prgram. We applaud yu fr yur effrts and PILI is ready t assist yu in this imprtant undertaking. PILI als has a variety f ther resurces t aid yu in yur pr bn effrts: PILI E-newsletter: PILI s e-newsletter is published every ther mnth and prvides the latest news abut PILI's prgrams, events and the latest public interest law and pr bn news. Visit the PILI website t subscribe t the newsletter and t view past editins; Pr Bn Reference Guide: The Pr Bn Reference Guide includes essential infrmatin t develp r imprve yur pr bn prgram, and t maintain its success; Pr Bn Cnsultatins: PILI will rganize a cnsulting team f pr bn leaders frm crpratins similar in nature t yurs wh will meet with yu and ther leaders at yur law firm t share their experiences and perspectives regarding each f their pr bn prgrams. The members f these teams ften share samples f relevant materials t further assist yu in yur effrts. Based n yur needs and interests, we will als help yu identify the legal aid agencies that wuld be apprpriate partners fr yur law firm; and Pr Bn Prgramming: PILI rganizes and hsts the Pr Bn Frum n a semi-annual basis, which brings tgether pr bn leaders frm law firms, crpratins, law schls and legal aid agencies t discuss timely pr bn issues. We als rganize and annual Law Firm Pr Bn Rundtable t bring tgether law firm pr bn leaders t share best practices. These services are prvided at n cst t firms and crpratins interested in establishing r enhancing a pr bn prgram. If yu are interested in learning mre abut the services prvided by PILI, visit ur website at r cntact Michael Bergmann at mbergmann@pili.rg r Sincerely, Michael G. Bergmann Executive Directr

2 Why D Pr Bn Wrk? I. Prfessinal Obligatin It is ur ethical bligatin as attrneys in Illinis t prvide pr bn assistance t persns in need f legal services wh cannt affrd them. The preamble t the Supreme Curt f Illinis Rules f Prfessinal Cnduct prvides, in pertinent part, as fllws: It is the respnsibility f thse licensed as fficers f the curt t use their training, experience and skills t prvide services in the public interest fr which cmpensatin may nt be available. An individual lawyer's effrts in these areas is evidence f the lawyer's gd character and fitness t practice law. Recruiting and Retentin; Firm Mrale Cmpetitin fr legal talent, whether at the summer assciate, recent law schl graduate, r lateral attrney level, can be intense. Firms with active pr bn prgrams enjy a cmpetitive advantage with many ptential new firm attrneys, particularly when a new attrney may be deciding between firms with substantially similar r even identical salary structures. Entry level assciates, in particular, are interested in and frequently ask abut a firm's cmmitment t its pr bn prgram as part f the interview prcess. In tday's envirnment, attrneys are mre mbile than at any time in the past with nearly 20 percent f assciates leaving law firms each year. The csts f replacing departing attrneys are high (ften invlving recruitment fees and training expenses) and the time invlved in transitining a new attrney is substantial. A strng pr bn culture can cntribute t a psitive ffice envirnment and, in turn, strengthen attrney lyalty t the firm r crpratin. Finally, a successful pr bn prgram can prvide pprtunities fr lawyers t wrk tgether as a team. Pr bn victries and awards can be shared with the entire ffice, fstering a sense f pride and accmplishment amng attrneys and staff. I Training and Prfessinal Develpment Pr bn prjects can be used as training vehicles t prvide a wide variety f high quality skills training at a much lwer cst than might therwise be prvided thrugh client-paying wrk. Thrugh pr bn wrk, junir attrneys may try cases and gain substantial client cntact earlier in their career. With adequate supervisin, junir attrneys can be affrded greater autnmy in a pr bn matter, ffering meaningful wrk experience and accelerated prfessinal develpment pprtunities that benefit bth the individual attrney and the emplyer. IV. Firm Marketing Pr bn is an effective marketing tl that can prvide a firm r crpratin with psitive publicity, heightened visibility, imprved client relatinships, and evidence f gd crprate citizenship. V. Unmet Legal Needs The mst bvius and cmpelling reasn t perfrm pr bn wrk is the need t address the gap between the millins f persns wh need assistance but cannt affrd r btain it, and the limited resurces available t meet thse needs thrugh legal service rganizatins. The assistance prvided by vlunteer attrneys is critical t supplement the full-time legal aid attrneys.

3 What Cnstitutes Pr Bn Wrk? I. Official Definitin While there are varius definitins thrughut the cuntry f what cnstitutes pr bn, the Illinis Supreme Curt has recently adpted a reprting requirement fr pr bn legal services and qualified mnetary cntributins in which the Curt has defined pr bn fr purpses f this Rule. Illinis Supreme Curt Rule 756(f) defines pr bn as legal services t persns f limited means; legal services t charitable, religius, civic, cmmunity, gvernmental r educatinal rganizatins in matters designed t address the needs f persns f limited means; legal services t charitable, religius, civic r cmmunity rganizatins in furtherance f their rganizatinal purpse; r training intended t benefit legal aid rganizatins r lawyers wh prvide pr bn services. Under the Rule, attrneys als are encuraged t make mnetary cntributins t an rganizatin that prvides legal services t persns f limited means r which cntributes financial supprt t such an rganizatin. The Illinis definitin is based in part n Mdel Rule 6.1 f the American Bar Assciatin s Mdel Rules f Prfessinal Cnduct, which prvides that all lawyers shuld render public interest legal service. Examples f Pr Bn Wrk r Qualified Mnetary Cntributins The types f engagements that qualify as bna fide pr bn wrk are varied and cuntless. Examples include: Representing an indigent client in a landlrd-tenant dispute; Cunseling a nt-fr-prfit rganizatin n tax matters; Develping and presenting a training sessin n a substantive law tpic fr pr bn attrneys; and Funding the peratins f a legal clinic which serves persns f limited means. I Activities that D Nt Qualify as Pr Bn Wrk Nt all charitable activities qualify as pr bn wrk. Examples f activities that d nt cnstitute pr bn wrk include: Serving n the bard f a schl district where the lawyer des nt act as the district s pr bn legal cunsel; Offering discunted fees t clients; Attending cntinuing educatin seminars; and Fundraising fr rganizatins. IV. Dispelling Myths Abut Pr Bn Opprtunities Sme peple think that pr bn wrk nly means representing a pr persn in a litigatin matter. Hwever, many attrneys regularly engage in pr bn services n a wide variety f transactinal matters as well. There is a brad range f case types and legal matters fr which pr bn attrneys are needed. Lawyers shuld be encuraged t devte their pr bn hurs and cntributins t matters and causes in which they have a persnal interest r cmmitment.

4 I. Backgrund Illinis Supreme Curt Pr Bn Reprting Rule In 2006, the Illinis Attrney Registratin and Disciplinary Cmmissin (ARDC) implemented a pr bn reprting requirement fr attrneys licensed in Illinis. Accrding t the Cmmittee Cmments t the amended Rule 756(f), the reprting requirement is intended t serve as an annual reminder t Illinis lawyers that pr bn legal service is an integral part f a lawyer s prfessinalism. Summary f the New Rule Rule 756(f) requires all attrneys licensed in Illinis t reprt, in cnnectin with the attrney's annual ARDC registratin, pr bn legal services prvided and qualified mnetary cntributins made during the preceding 12 mnths. Pr bn legal services include legal services withut charge r expectatin f a fee (a) t a persn f limited means; (b) t an rganizatin designed t address the needs f persns f limited means; (c) t certain charitable, religius, civic, r cmmunity rganizatins; and (d) pr bn training intended t benefit legal service rganizatins r lawyers wh prvide pr bn services. Accrding t Rule 756(f), "persns f limited means" are nt nly thse persns with husehld incmes belw the federal pverty standard but als thse persns frequently referred t as the wrking pr." The Rule als encurages attrneys t make mnetary cntributins t an rganizatin that prvides legal services t persns f limited means r that cntributes financial supprt t such an rganizatin. I Cmpliance with Rule 756(f) The new reprting requirement cnsists f tw questins that have been added t the annual Illinis ARDC registratin frm. All attrneys must respnd t bth questins, even if they did nt perfrm any pr bn wrk r make a qualified mnetary cntributin in the preceding 12 mnths. Questin 1: Pr Bn Legal Services. Attrneys wh did nt perfrm any pr bn wrk in the preceding 12 mnths shuld check the "N" bx n Questin 1 and state whether the attrney is prhibited frm prviding legal services because f his r her emplyment. Attrneys wh did perfrm pr bn wrk in the preceding 12 mnths shuld check the "Yes" bx n Questin 1 and identify the number f hurs within each categry f legal services listed. Questin 2: Mnetary Cntributins. Attrneys wh did nt make a mnetary cntributin t an rganizatin that prvides legal services t persns f limited means r that cntributes mney t such an rganizatin shuld check the "N" bx n Questin 2. Attrneys wh did make a mnetary cntributin within the preceding 12 mnths shuld check the "Yes" bx and identify the apprximate amunt f the cntributin. IV. Penalty fr Nncmpliance An attrney's failure t reprt the required infrmatin will result in an attrney's name being remved frm the master rll f licensed attrneys in Illinis. The cmplete amended Rule is available at

5 I. Getting Buy-In at Yur Law Firm Setting Up Yur Pr Bn Prgram The first challenge in initiating a pr bn prgram is t build the necessary supprt amng the leaders f yur firm. Yu need t be prepared t dispel the myths f pr bn and t articulate why having a prgram will nt nly benefit the clients yu intend t serve, but yur firm and individual attrneys as well. PILI s Pr Bn Initiative can help yur firm get started. Prmulgating a Pr Bn Plicy The less experience yur firm has with pr bn wrk, the mre imprtant it will be t develp and prmulgate a plicy explaining hw the prgram will wrk. The plicy shuld address: What yur firm cnsiders t be pr bn wrk; Wh will apprve the engagements and what type f infrmatin will need t be prvided befre a pr bn matter is accepted; Whether and hw much billable, bnus r advancement credit will be given t pr bn matters; What type f supprt will be available n pr bn cases (e.g., expert fees); and What amunt f pr bn wrk is expected f each attrney. I Rlling Out the Prgram Once yur pr bn plicy has been adpted, yu must take steps t ensure that the prgram gets ff t a gd start. Yu shuld cnsider: Encuraging department leaders t lend their vcal supprt and encurage prgram participatin, ideally by their wn example; Having a few pr bn pprtunities in hand t distribute t interested lawyers; and Annuncing publicly the purpses and gals f the prgram. IV. Maximizing the Prgram s Ptential As yur pr bn prgram gains tractin, maximize its ptential by: Appinting a manager f the prgram t cultivate and identify gd pprtunities fr the firm, encurage participatin, track invlvement and prmte successes; Partnering with ne r mre pr bn r legal aid agencies t pre-screen cases fr yur rganizatin; Actively invlving yur legal staff in the prgram and encuraging them t spt wrthy matters r causes fr yur firm t handle r supprt; Publicizing yur pr bn prgram s successes and linking the prgram with yur rganizatin s marketing, recruiting and prfessinal develpment effrts; and Participating in the legal cmmunity s effrts t identify and share best pr bn practices.

6 I. Why a Pr Bn Plicy? The Imprtance f a Pr Bn Plicy There are numerus advantages t adpting a written pr bn plicy within yur firm. Fr example, a written pr bn plicy emphasizes yur firm s cmmitment t pr bn wrk and t yur cmmunity. A written pr bn plicy can prvide guidance and encuragement t newer lawyers as they are develping their prfessinal standards and integrating pr bn wrk int their individual practices. A written pr bn plicy is a reflectin t the brader cmmunity f yur firm s desire t serve the needs f disadvantaged members f the cmmunity. Develping a written pr bn plicy fr yur firm als makes gd business sense and prmtes a shared understanding f the firm s prcess and cmmitment t public interest law. A written pr bn plicy dcuments the firm s traditin f encuraging pr bn activity and establishes the prcedures by which the firm will handle pr bn cases. A written pr bn plicy can establish cnsistent guidelines and prcedures fr hw the firm will recgnize r value pr bn wrk perfrmed by lawyers within the firm. Finally, and ftentimes mst imprtantly, adpting a written pr bn plicy can help build and maintain the necessary supprt fr pr bn wrk amng the leaders f the firm and ensure the sustainability f the prgram fr the future. Cmpnents f a Pr Bn Plicy There are many mdel pr bn plicies available thrugh the Pr Bn Initiative that can prvide a firm with guidance in drafting its wn written pr bn plicy. In additin, many firms pst their written pr bn plicies n their websites. Of curse, each firm will have very different reasns fr establishing a pr bn prgram and will have adpted different prcedures fr implementing and managing that prgram. Nnetheless, it can be helpful fr a firm that is cnsidering establishing a new pr bn prgram r revising an existing pr bn plicy t review a variety f plicies t get an idea what ther firms have incrprated int their pr bn prgrams. The first step is t define the firm s pr bn visin r missin statement. Why is pr bn imprtant and what is the firm s cmmitment t pr bn wrk? In additin t this statement, which is typically fund at the beginning f the pr bn plicy, a written pr bn plicy shuld address the fllwing: Definitin f Pr Bn What type f wrk will qualify as pr bn wrk in yur firm? Nt all vlunteer wrk typically qualifies as pr bn wrk. Yu shuld cnsider using the definitin f pr bn that has been adpted by the Illinis Supreme Curt in Rule 756. Prcess fr Taking n a Pr Bn Case What is the prcess fr running cnflicts checks and pening up new pr bn matters? Use f Firm Resurces fr Pr Bn Wrk What type f supprt will be available fr pr bn wrk? Recgnitin f Pr Bn Wrk Whether and hw much credit will be given fr pr bn wrk? This is prbably the mst imprtant cmpnent f the pr bn plicy as it defines, in a quantifiable way, hw the firm values pr bn cntributins by its lawyers. Staffing and Supervisin f Pr Bn Prjects Hw will pr bn matters be staffed and wh will supervise these matters? Many firms require that all pr bn matters be supervised by a partner r ther senir attrney. Management f Pr Bn Prgram Wh will be respnsible fr managing and verseeing the pr bn prgram, reviewing and apprving new pr bn matters, keeping track f the pr bn wrk being perfrmed by lawyers in the firm, encuraging participatin in the pr bn prgram, and wrking with lcal pr bn and public interest agencies and firms t identify new prjects and cases?

7 Myth #1: I d nt have time t d pr bn wrk. Dispelling the "Myths" f Pr Bn This is ne f the mst significant individual bstacles t perfrming pr bn wrk. Attrneys are busy, which is a gd thing fr bth the attrney and his r her emplyer. Hwever, pr bn wrk des nt have t invlve a huge time cmmitment. There are persns f limited means wh nly require a few hurs f legal assistance. A substantial amunt f pr bn wrk cnsists f small, discrete prjects that invlve less than ten hurs f an attrney's time. Fr example, assisting an elderly persn with a pwer f attrney r living will might invlve three t five hurs f yur time, as des reviewing a lease r purchase cntract fr a persn f limited means. There are numerus pr bn prjects in need f nly a few hurs f an attrney's time, and the rewards f this wrk are great whether it invlves five hurs r hundreds f hurs. Myth #2: I d nt have expertise in the area f law where pr bn wrk is available. A significant segment f pr bn legal service needs invlves wrk that may nt be custmarily dne in a medium r large sized law firm r may be utside the expertise f attrneys in a firm r crpratin. Fr example, there is a great need fr assistance in family law and immigratin cases, bth practices that may nt have a presence in a firm r crpratin. Attrneys shuld nt be discuraged, hwever, frm branching int areas f the law where they may have an interest but nt the experience. There are dzens f public interest agencies in Chicag wh nt nly screen pr bn cases, but als prvide supprt t their vlunteer attrneys. In additin, many agencies prvide training prgrams fr interested attrneys, smetimes in the attrney's wn ffice. Finally, attrneys wh practice in a particular area are usually receptive t questins frm vlunteer attrneys and can be very helpful. Myth #3: My firm's malpractice insurance plicy des nt cver pr bn wrk. Mst law firm's malpractice insurance plicies cver pr bn wrk. Even if yur firm r crpratin des nt carry malpractice insurance r the plicy des nt cver pr bn wrk, many pr bn and legal aid agencies in Chicag have plicies that cver their vlunteer attrneys. If yu d nt have insurance cverage, yu shuld inquire with a particular agency as t its cverage. In additin, it is imprtant that the same preliminary steps taken when yu represent a paying client are taken when yu represent a pr bn client. Pr bn clients shuld be treated the same as a paying client when initiating the representatin, including cnflicts checks, engagement letters, and mre imprtantly, treating the pr bn client as a paying client during the representatin. Myth #4: My clients d nt care abut pr bn wrk. Clients cannt care abut yur pr bn wrk if they d nt knw abut it. Whether yu are in a large r small firm, are a sl practitiner, r in a crprate legal department, client develpment is an imprtant part f yur practice. Clients like t knw that their attrneys are well-runded individuals, and that their lives d nt revlve arund sending them bills. Mrever, sme crprate clients have begun asking abut their utside cunsel's pr bn effrts, including requiring firms t file annual reprts describing the firm's pr bn wrk. Further, sme crpratins with in-huse legal departments have begun ding pr bn wrk themselves. Even if yur clients are small cmpanies r individuals, they are likely t appreciate that their attrneys are "ding gd" in the cmmunity. Myth #5: Pr bn wrk will displace "real" paying-client wrk. The "billable wrk displacement" cncern is likely t be raised as a deterrent t pr bn wrk, whether yu practice in a large r small firm. Firms that have studied this issue, hwever, have cncluded that nt nly des pr bn wrk nt displace paying-client wrk, but in fact the busiest and mst prfitable attrneys in an ffice are the attrneys perfrming the mst pr bn wrk! These studies cnfirm that successful attrneys wh d pr bn wrk are nt turning dwn paying wrk; they are simply integrating pr bn wrk int their practice. Finally, the natin's mst prfitable and largest law firms listed n the Am Law 100 reprt a substantial number f pr bn hurs by their attrneys; n average 40 hurs f pr bn service is perfrmed by each attrney per year at these law firms.