999 Peachtree Street, NE Suite 2300 Atlanta, GA 30309 Phone: (404) 853-8000 www.sutherland.com locations Atlanta, GA Austin, TX Houston, TX New York, NY Sacramento, CA Washington, DC MAJOR DEPARTMENTS & PRACTICES Corporate Energy & Environmental Financial Services Intellectual Property Litigation Real Estate THE STATS No. of Attorneys: 425 No. of Offices: 6 Managing Partner: Mark D. Wasserman Hiring Partner(s): david Zimmerman, Atlanta Robb Chase, Washington, DC Daniella Landers, Houston Bob Copps, New York EMPLOYMENT CONTACT Stephanie Kaczynski Attorney Recruiting Manager Phone: (202) 383-0234 Email: stephanie.kaczynski@sutherland.com 610
Who s Who Does the firm have one or more pro bono coordinators and/or partners? If so, how many? 2 Please provide a general description of how much of their time each of your pro bono coordinators and/or partners spends on pro bono work and/or administering the firm s pro bono program (e.g., less than half of their time, more than half of their time, all of their time). Pro Bono Partner: all of his time Supervisor of Pro Bono and Community Service: more than half of her time Please provide the primary pro bono contact(s) s information below. John H. Fleming Pro Bono Partner Phone: (404) 853-8065 Email: john.fleming@sutherland.com Terri A. Hendley Supervisor of Pro Bono and Community Service Phone: (404) 853-8067 Email: terri.hendley@sutherland.com Does the firm have a pro bono committee? How often does the committee meet? Quarterly Please describe the composition of the committee. There are Pro Bono Committees in the Atlanta, Houston, New York and Washington offices composed of partners, counsel and associates. The committee members in each office are selected to ensure representation from each of the main practice groups. THE SCOOP Does your firm have a pro bono policy? Can associates bring pro bono matters of interest to the firm? Bono Partner, in consultation as appropriate with practice group leaders and members of the Pro Bono Committee and the Executive Committee, decides whether the matter is appropriate for the Firm s pro bono program. Upon initial approval, a conflicts check is run. If there is no conflict, the matter is accepted and an engagement letter is sent to the client or referring organization. A partner is assigned to supervise every pro bono matter. Lawyers often work in teams on pro bono matters. The resources of the Firm are made available in pro bono cases, including paralegal and secretarial support. Has the firm signed on to the Law Firm Pro Bono Challenge? What are some of the areas of law in which your firm has performed pro bono legal work since 2011? Arts and historic preservation, Asylum, Bankruptcy, Civil rights, Community economic development, Consumer law and small claims court, Death penalty defense, Disability benefits, Domestic violence, Elder law, Employment, Fair housing/ tenants rights, Family law, First Amendment and constitutional issues, Homeless advocacy, Immigration, Indigent criminal defense, International human rights, Juvenile justice reform/ children s rights, Nonprofit corporate law, Nonprofit incorporation/tax exemptions, Nonprofit intellectual property, Parole hearings, Prisoners rights, Public benefits, Real estate transactions, Social Security law, Veterans benefits/appeals, Voting rights Are there areas of law in which, as a matter of policy or practice, your firm does not perform pro bono work? None List up to 10 of your firm s pro bono clients or partners since 2011, including legal service providers or clearinghouses. Pro Bono Partnership of Atlanta Washington Lawyers Committee for Civil Rights and Urban Affairs Lawyers Committee for Civil Rights Under Law DC Bar Pro Bono Clinic New York Lawyers for the Public Interest Lawyers Alliance for New York Bread for the City (Washington, DC) Houston Volunteer Lawyers Program Catholic Charities (Atlanta and Washington, DC) Atlanta Volunteer Lawyers Foundation How does the firm decide whether to take on a pro bono matter? Much of our work comes to us through, and because of, our regular relationships with pro bono organizations, but any lawyer can bring a matter to our attention. Sutherland s Pro Visit www.vault.com for company rankings, ratings and reviews to learn what it s really like to work in an industry or company and how to position yourself to land that job. 611
List up to three representative examples of your firm s pro bono matters since 2011. Please limit your answer to a short paragraph per matter. Asylum and Immigration Cases: A major focus of Sutherland s pro bono program has been representation of individuals in asylum cases and other immigration proceedings. In 2012, we worked on cases referred by Catholic Charities (DC and Atlanta), KIND, Washington Lawyers Committee, Georgia Asylum & Immigration Network, and other agencies. Recent cases have involved torture, gang rape and female genital mutilation in Sierra Leone, a target of political persecution in Colombia, and rape in Uganda. Besides asylum cases, we also assist victims of domestic violence with VAWA petitions; prepare U visa petitions for victims of crime and T visa petitions for victims of human trafficking; and represent unaccompanied minors in obtaining Special Immigrant Juvenile Status. Income Tax Assistance for the Poor: Sutherland participates in several programs aimed at assisting low-income families with the preparation of their federal and state income tax returns. Sutherland has partnered with the Prosperity Campaign of the Atlanta Community Food Bank to help prepare income tax returns at a Volunteer Income Tax Assistance (VITA) site over the past several years. Sutherland tax lawyers, in partnership with Atlanta Legal Aid, assist low-income clients in addressing income tax issues resulting from cancellation of debt in conjunction with mortgage foreclosures. We also work with the Georgia State University Tax Clinic to take on cases for indigent taxpayers who have disputes with the Internal Revenue Service. Domestic Violence Cases: After receiving training from legal service providers specializing in the area, Sutherland attorneys assist victims of intimate partner violence/stalking by providing representation in civil Temporary Protective Order hearings. If children are involved, we address issues of child support and visitation/custody. List up to three pro bono matters that are highlights (e.g., a Supreme Court case). Please limit your answer to a short paragraph per matter. We represented an indigent former trustee of a family trust in a case decided in the United States Supreme Court in 2013. The client made loans from the trust to businesses he controlled. Although the loans were repaid with interest, and a state court had found that he had not acted with apparent malice, that court found a breach of fiduciary duty through self-dealing and awarded the other beneficiaries a judgment against him. A bankruptcy court found this debt nondischargeable as arising from defalcation by a fiduciary. The district court affirmed, as did the Eleventh Circuit, noting a split in the circuits on the mental state required for the defalcation exception to discharge. The Emory Law School Supreme Court Advocacy Project asked for our help. We filed a petition for certiorari, which was granted, and briefed the matter. Our partner, Tom Byrne, argued the case in March, 2013, and the Court issued an opinion finding in favor of our client, 9 0, in May, 2013. We obtained political asylum for our client from Uganda who had suffered brutal persecution by Ugandan military officers due to her membership in the opposition political group, her advocacy on behalf of women who suffered similar abuses, and allegations of homosexuality in a country where homosexuality is criminalized. She was unlawfully detained, beaten and raped on multiple occasions. After a particularly violent attack in April 2010, she fled to the United States because she feared she was going to be killed if she remained in Uganda. She was detained upon arrival here because she entered the country using an invalid visa. After a hearing, the Arlington Immigration Court granted our petition for asylum. Over two and a half years after fleeing Uganda, our client no longer has to fear deportation and can begin the process of bringing her children to this country. The Washington Lawyers Committee for Civil Rights Under Law referred a federal prison inmate to us for assistance in a parole hearing. He had been denied parole in the original hearing but a new hearing was granted based on the Committee s argument that the wrong standards had been applied. The inmate had served more than 20 years for a homicide and had made a failed escape attempt 12 years ago, and the hearing officer initially announced an intention to deny parole. But we successfully convinced the hearing officer to hear from witnesses that had not been heard in the original hearing and persuaded her that our client was a transformed individual who was ready to be a productive member of society, and after the hearing she granted parole. Our client s family is eagerly awaiting his release, and he has employment waiting for him. BY THE NUMBERS What is the total number of hours that lawyers at your U.S. office(s) spent performing pro bono legal services, as defined by the Law Firm Pro Bono Challenge, in 2011 and 2012? Do not include summer associate or non-lawyer pro bono hours in your answers. Total number of pro bono hours in 2011: 14,180 Total number of pro bono hours in 2012: 16,971 What was the attorney headcount in your firm s U.S. offices? Number of attorneys as of December 31, 2011: 374 Number of attorneys as of December 31, 2012: 407 Using the number of attorneys listed above, what is the average number of pro bono hours per attorney in your firm s U.S. office(s) during the following years? Average number of hours per attorney in 2011: 39 Average number of hours per attorney in 2012: 42 612
What percentage of attorneys employed during 2011 and 2012 in your firm s U.S. office(s) did at least 20 hours of pro bono during that calendar year? Percentage of attorneys who did pro bono work in 2011: 41 50% Percentage of attorneys who did pro bono work in 2012: 41 50% SUPERVISION AND EVALUATIONS Is there partner supervision on all pro bono matters? Do partner supervisors or, if applicable, senior associates provide written evaluations of associates work on pro bono matters? Are those evaluations taken into account in determining salary or bonuses?, they are taken into account when determining salary, they are taken into account when determining bonuses Are those evaluations taken into account in determining advancement within the firm? Is there a pro bono requirement at your firm? No Does the firm give billable hour credit for pro bono work? Does the firm have a maximum number of pro bono hours that can be applied toward the billable hour target? What is the maximum number of pro bono hours that can be applied toward the billable hour target? 51 100 Does the firm consider pro bono hours when determining bonuses? PRO BONO POINTS What training opportunities are open to associates working on pro bono matters? To prepare Associates for pro bono matters, there are Firm-wide SABLE trainings and in-office focused trainings. Sutherland also covers the costs of external trainings. Does the firm offer the use of support staff in handling pro bono matters? Please indicate how many total hours and average hours per person your summer associates spent performing pro bono in 2011 and 2012. Total hours summer associates spent on pro bono work 2011: 450 2012: 643 Average hours per summer associate spent on pro bono work 2011: 24 2012: 29 Percentage of summer associates in your firm s U.S. office(s) engaged in pro bono work 2011: 74% 2012: 77% Please provide any additional information about pro bono opportunities available to summer associates. Summer associates are encouraged to work with other attorneys in the Firm on their pro bono matters. In addition, we have opportunities for work on research projects with Georgia Appleseed and the Anti-Defamation League, domestic violence cases, asylum/immigration matters, and poverty law cases. Does the firm have established programs, such as externships, that enable its associates to work in a public interest setting? Please describe the established program(s) and their duration, if applicable. In Washington, DC, an attorney is seconded to Bread for the City. What other law-related public interest and community service programs (that are not pro bono as defined by the Law Firm Pro Bono Challenge) do you offer and manage? For example, list any law school collaborations and public interest scholarships, auctions at law schools, monetary support, or fellowships. The Firm is a long-time supporter of Equal Justice Works and has sponsored an Equal Justice Works fellow each year for many years. The Firm strives to develop new pro bono opportunities with each new Equal Justice Works fellow. We fund summer internships for two Emory Law students through the Emory Public Interest Committee. The interns spend the summer following their first year of law school working with public interest organizations, like the Georgia Innocence Project, the Southern Center for Human Rights, Visit www.vault.com for company rankings, ratings and reviews to learn what it s really like to work in an industry or company and how to position yourself to land that job. 613
the Pro Bono Partnership of Atlanta, and the Georgia Chapter of the ACLU. Through the DC Hispanic Bar Association, we fund a summer internship for a Latino law student. The student receives a stipend while working at a pro bono provider in the Washington, DC area. Sutherland Scholars. Directly aimed at increasing diversity within the legal profession, Sutherland Scholars is a summer program that introduces minority pre-law students to the rigors of law school. During a series of four-hour classes, students from historically black colleges brief cases, complete an introductory contracts course, draft study outlines, and take a final exam. Launched in 2005, the program is offered at no cost in both Atlanta and Washington, DC Sutherland attorneys and other legal professionals conduct the classes. Service Juris Day. Teams of Sutherland attorneys, summer associates, and staff join other lawyers, judges, law students, and members of the legal industry for a hands-on volunteer experience. Hundreds of volunteers join together to improve the Atlanta community. In addition to sweat-equity, Sutherland provides leadership and financial support for this effort. StreetLaw. Sutherland attorneys joined a client s in-house legal department to go into high school classrooms and teach students about contracts and negotiation skills as part of the StreetLaw program to blend legal content with innovative hands-on teaching strategies that actively engage students and program participants in the learning process. Street Law program participants benefit from real-life lessons and insights, which they can use to effect positive change for the rest of their lives. A number of our lawyers are active in Inns of Court operated at various law schools. What non-law related volunteer opportunities does your firm offer? For example, list any work with high school students and non-legal volunteerism for organizations like Habitat for Humanity. Sutherland Junior College was established by Sutherland in 2006 to mentor high school juniors who have the aptitude to attend college but have not made it a goal for financial, cultural, and other reasons. The program encourages these students to set college as a goal by helping them prepare for the SAT, taking them to visit college campuses, assisting with their college applications, providing information about financial aid, and helping them develop life skills essential to success. Each student is assigned an attorney or staff member as a mentor. Saturday classes and summer internships have been part of the program. Bell Multicultural High School, whose students participate in this program, honored Sutherland with the 2008 Corporate Cornerstone Award. Skills for Living: Teams of Sutherland lawyers in Houston participate in a financial and life skills training program for at-risk high school students. Everybody Wins! More than 30 volunteers in our Atlanta and Washington, DC, offices read to third, fourth and fifth grade students at local public schools each week through the Everybody Wins! Power Lunch Program. In addition, our Library Staff sponsors a book drive to provide new books to students in the program for reading over the summer break. Bread for the City. The Washington office sends volunteers on a monthly basis to the rooftop garden which provides food for Bread s clients. Volunteers help with weeding and watering. Houston Area Fight for Air Climb. A team from Sutherland s Houston Office has participated in the American Lung Association Fight for Air Climb for several years. American Heart Association. For the past several years a team from Sutherland s Washington office has participated in the American Heart Association s Lawyers Have Heart run. Habitat for Humanity. For several years we have funded and participated in one-day builds in Atlanta. Action Ministries: The Atlanta office provides lunch in a soup kitchen each month through the Atlanta Urban Ministries. Atlanta Legal Aid Society Run for Justice: The Atlanta office sends more than 30 walkers and runners each year to participate in the Run for Justice to benefit the Legal Aid Society. Sustainability Committee Projects: Our Sustainability Committee organizes service projects/fundraising activities in all offices in connection with Earth Day. Fall Giving: All of Sutherland s offices participate in annual Fall Giving and/or United Way Campaigns. Please list any special recognition or awards your firm has won since 2011 for its pro bono work. Sutherland received the Good Hope Award from Bread for the City, a Washington, DC non-profit which provides food, clothing, medical care, and legal and social services. Sutherland was presented with the S. Phillip Heiner Award by the Atlanta Volunteer Lawyers Foundation in recognition as a champion of private volunteer legal service to the poor. Partner Judy O Brien was honored by Communities in Schools of Georgia with its Outstanding Leadership Award after more than twenty years of service. Communities In Schools goal is to support youth, improve graduation rates, academic achievement and job and post-secondary readiness. Please add any additional information about your firm s pro bono program. The Firm has a strong culture of pro bono. New pro bono cases are reviewed by the pro bono partner and opened like pay cases. Pro bono cases are staffed like pay cases with each case having a supervising partner. Credit toward billable hours is given for up to 75 hours of pro bono. Additional hours will receive credit with approval. 614