Pro Bono – lawyers helping change the world
The environmental, social, and governance (“ESG”) movement is likely to be at the forefront of conversations within law firm management in the months – and years – ahead. And it’s through supporting social entrepreneurs a firm can demonstrate its involvement in the community. Allison Laubach of the Lex Mundi Pro Bono Foundation looks at this “win-win” opportunity.
Today, organisations are frequently measured by non-financial metrics and clients and employees alike are placing increased value on law firms’ commitment to the greater good. However, without widely standardised guidelines, many firms are exploring and developing best practices for measuring and marketing their ESG initiatives.
The “environmental” and “governance” pieces are typically the easiest to quantify. A firm can provide statistics on steps taken to reduce its carbon footprint and easily detail its organisational structure. But the “social” aspect presents more of a gray area with greater flexibility in reporting. One of the best ways a firm can demonstrate its involvement in the community is through pro bono work. And, arguably, some of the most impactful and marketable clients are social entrepreneurs and enterprises.
ESG, social entrepreneurship, and the Lex Mundi Pro Bono Foundation
By the early 2000s, society at large seemingly understood the importance of taking affirmative steps to make the world a more sustainable and equitable place. The time was ripe for the rise of the complementary and largely intertwined ESG and social entrepreneurship movements.
In 2006, the term “ESG” was first referenced in the United Nation’s Principles for Responsible Investment Report and “social entrepreneurship” gained global recognition as Muhammad Yunus won the Nobel Peace Prize for his work in microfinance.
That same year, the Lex Mundi Pro Bono Foundation was established with the understanding that lawyers could play a pivotal role in the success of these movements. It has, so far, completed more than 2000 projects in 100-plus countries and helped in excess of 900 social entrepreneurs.
The Foundation created a legal matchmaking programme, pairing attorneys from Lex Mundi’s network of top-tier law firms with social entrepreneurs for pro bono transactional support. By guiding clients through the legal nuances of starting and growing an organisation, lawyers can help social enterprises scale faster, expand reach, secure funding, and ultimately achieve greater impact.
Over time, as the social entrepreneurship movement has grown, the Foundation has expanded its work beyond the matchmaking process.
In 2021, the Foundation coordinated efforts as 66 Lex Mundi member firms conducted in-depth research identifying laws impacting social enterprises across 83 jurisdictions. Attorneys at Morrison & Foerster consolidated this information into a Global Social Enterprise Policy Report that identifies legal structures and policies nations can adopt to catalyse the advancement of social enterprises worldwide.
This report will be shared with government officials, policymakers, and key stakeholders throughout 2022 to inform discussions and effectuate legal change. Ultimately, the hope is that legislation evolves in line with the movement, allowing social enterprises to flourish and continue positively impacting countless lives.
“One of the best ways a firm can demonstrate its involvement in the community is through pro bono work. And, arguably, some of the most impactful and marketable clients are social entrepreneurs and enterprises.”
Why support social entrepreneurs and enterprises?
Supporting social entrepreneurs and enterprises through pro bono work has innumerable benefits. First, as earlier alluded to, it is a great way to address the “social” prong of ESG initiatives. Assisting a social entrepreneur on a pro bono basis provides a clear example of community initiatives a firm supports and demonstrates a commitment to certain values.
Social entrepreneurs work to tackle issues ranging from global warming to racial inequities and all social enterprises invariably address one or more of the UN’s Sustainable Development Goals (SDGs).
The number of social enterprises is rapidly increasing and there are plenty of opportunities to identify and support organisations working in spaces that are of interest to any given firm. Also, needs vary from long-term guidance to one-off projects, meaning all firms, regardless of size, can provide invaluable assistance.
Providing transactional support to social entrepreneurs also allows attorneys, including those without the background to lead traditional pro bono projects centering on criminal, family, and immigration law, to support a firm’s wider ESG efforts. This can be used to illustrate how ESG initiatives permeate firm culture and are more than just a box-ticking exercise.
Marketing opportunities and benefits
While studies have shown ESG integration drives better financial performance over time, firms must also consider how best to communicate their ESG efforts to employees, prospective clients, and the broader public. One great benefit of working with social entrepreneurs and enterprises is that these projects can create unique marketing opportunities.
Social entrepreneurs are widely regarded as disrupters of the status quo, finding innovative solutions to the world’s most pressing problems. They are known for thinking outside of the box and their work is centered around creativity. Through the Foundation, Lex Mundi firms have supported organizations ranging from Apopo, a non-profit that trains rats to detect landmines, to Air-Ink, a startup that converts carbon emissions into ink.
While the attorneys provided support on transactional matters, their work can be told in the context of a compelling story. Conveying many ESG statistics can be black and white, but supporting social entrepreneurs and enterprises adds a memorable human-interest element.
Additionally, social entrepreneurs and enterprises are typically very appreciative of publicity. Including them in firm marketing campaigns can be a valuable form of support. These organizations are often eager to share their work and amenable to providing quotes, images, and testimonials. Also, over time, many gain their own media traction.
Air-Ink was recently profiled in a Vogue article, which included Naomi Campbell modeling clothes designed with their product. In 2022 alone, Apopo has already been featured in publications such as The New York Times, NPR, BBC News, and CNN. When a social enterprise is mentioned in a publication, firms can point to or otherwise amplify the story. This is mutually beneficial, both highlighting the organisation’s work and demonstrating the firm’s commitment to its mission.
The ESG movement is clearly here to stay, and firms must determine how to incorporate ESG practices into their day-to-day operations. These efforts must be widespread and addressed through multiple initiatives but incorporating pro bono work into ESG programs can be particularly beneficial.
Ultimately, supporting social entrepreneurs and enterprises allows attorneys to do good while bolstering ESG credibility.
Allison Laubach is the Legal Program Manager for the Lex Mundi Pro Bono Foundation. In her role, she directs the Foundation’s flagship legal matchmaking program, connecting leading social entrepreneurs with Lex Mundi member firms for critical pro bono services. Prior to joining the Foundation, Allison was an attorney in the intellectual property transactions groups at two Am Law 100 firms, specialsing in intellectual property and technology licensing, development, and commercialisation. She received her J.D. from Vanderbilt Law School and B.A. from Duke University.