Association of Corporate Counsel
October 31, 2013
The Association of Corporate Counsel (ACC), a global bar association representing more than 33,000 in-house counsel employed by more than 10,000 organizations in 85 countries, called upon New York to adopt a proposal to expand the number of in-house counsel in New York who can provide pro bono help to people and organizations in need of legal help and who cannot afford to pay.
In a letter to New York’s court system, ACC, its three New York chapters and 38 of New York’s general counsel and chief legal officers urged the state to approve a landmark proposal. It would apply to all of the New York in-house lawyers who received their law licenses from another U.S. jurisdiction and who have also registered to work for legal departments in New York. Currently, New York’s rules do not provide for these lawyers to offer pro bono services. The proposed rules would authorize pro bono work and would not impose restrictions that other jurisdictions have applied. In effect, the proposal would not discriminate between New York’s in-house counsel – all U.S. licensed in-house lawyers permitted to work in New York would be able to provide a full range of pro bono services.
“If New York adopts these proposed rules, it will clear the way for qualified in-house lawyers to provide free legal services to underserved and in-need communities,” said Veta T. Richardson, ACC’s president and CEO. “Most importantly, the new rules will help to close the wide gap in access to justice – making New York a model for other jurisdictions looking to expand the pro bono abilities of in-house counsel.”
Despite New York professional conduct rules encouraging pro bono service, only 20 percent of the civil legal service needs of the state’s low-income residents were met in 2012, according to Jonathan Lippman, Chief Judge of the State of New York. The proposal currently under consideration would place New York in the same category as Colorado, Virginia and Illinois – the three states that allow registered in-house counsel to provide pro bono assistance to clients, even in court, without unnecessary restrictions.
“We are observing a national trend in favor of expanding in-house pro bono,” said Eve Runyon, director of Corporate Pro Bono (CPBO). “The need for legal services among low-income groups is more apparent than ever, and in-house law departments have been eager to fill this void and lend their talents to provide free legal services. The proposal in New York would pave the way for more in-house counsel to serve community organizations, families, and individuals in need.” CPBO is a partnership of ACC and the Pro Bono Institute (PBI).
Representatives from ACC and its New York chapters, along with representatives from CPBO and PBI served on the Advisory Committee that helped to craft the current proposal before the state’s courts.