Doing Well by Doing Good: Law Firm Social Responsibility

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Companies are increasingly adhering to the principles of corporate social responsibility. CSR is based on the belief that demonstrations of concern for the environment, human rights, community development and the well-being of their employees can make companies more profitable. And if not more profitable, at least a better place to work.

Law firms can learn from corporate experience to create their own social responsibility programs. Such programs can help law firms do well by doing good. They can strengthen the company’s reputation and market position. They can help companies identify with their clients’ and potential clients’ CSR culture and activities. They can help lawyers and staff find more meaning in their work and improve themselves as people.

In the words of the Social Responsibility Committee of Karma at Brownstein Hyatt Farber Schreck: Be kind. Be generous. Be concerned. Donate time. Business donation. Donate money. Just find the cause and give it. You will soon discover that giving is also receiving.

A panel discussion on how law firms can learn about CSR and introduce some of its elements into their own model was sponsored by the Rocky Mountain Chapter of the Legal Marketing Association. The program was held on May 8 at Maggiano’s Little Italy in downtown Denver.

Panelists include Sarah Hogan, vice president of Barefoot PR; Bruce DeBoskey, attorney and founder of The DeBoskey Group, which focuses on providing philanthropic advice; Joyce Witte, Community Investment Advisor and director of the Encana Peduli Foundation, Encana Oil & Gas (USA); and Amy Venturi, director of public relations & karma at Brownstein. The moderator is Cori Plotkin, president of Barefoot PR.

At law firms, the product is people – lawyers and support staff who provide high quality legal services. This is the easy way. There are many ways that this ‘product’ can contribute time, talent and wealth to socially responsible activities.

Social responsibility: Focus and strategy

Law firm social responsibility is about making a difference in the community and the profession, and within the firm. Even the best efforts will have no impact if it is spread too thinly. You cannot maximize the value of your contribution or tell your story if your efforts are too weak. To decide how to most effectively invest resources, law firms need a social responsibility focus and strategy.

Social responsibility efforts must be authentic. Law firms and other entities should always avoid ‘green laundering’ – telling stories that are aspirational, but not entirely true. Know yourself. Let your company’s unique culture and skills determine which efforts to make and which ones to avoid.

When examining your culture, don’t limit yourself to your partner’s input. The law firm is a small community, almost like a family. Any attempt to define culture and social responsibility must represent not only the interests of lawyers, but also the interests of all levels of support staff. Efforts must be meaningful across the company. The benefits of employee recruitment, retention and satisfaction can be tremendous.

DeBoskey outlines three types of community engagement and expresses his belief that a good social responsibility plan includes elements of all three.

In the traditional model, an organization ‘gives back’ randomly to the public when asked – as a good citizen, not for any strategic purpose. In the social responsibility model, this effort is aligned with business skills – such as the legal skills of a lawyer. Every non-profit organization needs legal advice.

The most sophisticated, social responsibility programs involve using your core product – legal services – as a tool for social change. Volunteer with an organization like the Institute for the Advancement of the American Legal System at the University of Denver, or the Rocky Mountain Children’s Law Center.

A strong focus makes it easier to make decisions. Encana, for example, focuses its charitable giving strategy on issues surrounding its product — natural gas. Brownstein will donate money only if a request comes from a client, or if one of their attorneys is a member of the organization and the board.

Law firms seeking additional advice can find valuable resources within the Corporate Community Investment Network. CCIN is an association for professionals whose primary responsibility is to manage community investment programs in a for-profit business environment.

Many companies and some law firms have actually created separate foundations to manage some of their gifts. A foundation comes with more restrictions and different tax methods. As entities with a life of their own, however, foundations are more likely than a one-off attempt to continue a fruitful existence.

Social responsibility: Good policies make good decisions

Strategy and focus provide the foundation for effective social responsibility policies. Most law firms are inundated with requests from good causes seeking their support. Policies help you know when to say “yes” and when to say “no”.

In the law firm model, where all partners are owners with a sense of entitlement to resources, it can be very difficult to say no. Highly focused policies make it easier to do so and keep the company’s efforts on track.

Encana, for example, uses a five-step tool to determine the degree of congruence between demand and the company’s strategic objectives in the natural gas sector – with level five being the largest commitment and level one being the lowest.

Effort level five integrating core products or services and often involve natural gas vehicles and energy efficiency initiatives using natural gas. These efforts contribute to industry-leading best practices and trends, while enhancing the company’s reputation as a leader.

Level four efforts focus on strategic partnerships and often involve long-term and sustainable solutions such as workforce development initiatives, flagship programs (which can be replicated in other markets) and multi-year grants.

Tier three efforts include strategic grants to help projects, programs or initiatives created for local non-profit organizations that align with natural gas.

Level two efforts include responsive giving, which is a one-time reward for broad community efforts that have local support. The participation of company representatives is required.

Effort level one includes the “t-shirts and banners” category, which contains one-day items such as dinners, receptions, golf tournaments, events and races. It offers the least impact and awareness for the money, and therefore the least support.

At Brownstein, requests made to companies are judged by two factors. The company only considers requests made by clients and requests made by organizations in which one of its attorneys participates at the board level.

Social responsibility: Engagement

An effective social responsibility program involves not only checkbook engagement, but personal and professional engagement.

At Brownstein, brands have always been about being in the community. Six years ago, Venturi was asked to formalize this important component of the firm’s culture into a social responsibility program that would further energize lawyers.

He started by spending 15 minutes with each attorney, to discover their passion – which is used to identify a good nonprofit match. However, lawyers and staff will stay involved and do their best only if the organization is something they really care about. If there is no engagement, placement will backfire.

Finally, Venturi offers attorney services to nonprofits in some capacity – but must be at the board level. Otherwise, he will not fit.

Project Karma is a Brownstein program dedicated to volunteer opportunities, and has committees in each of the company’s 12 offices. It sponsors informal lunches & study presentations by local nonprofits to encourage interest.

Messages about the active involvement of lawyers and staff must come from above. Brownstein makes it clear that the path to partnerships for new lawyers is based not only on legal skills, but also on engagement and engagement with the community.

It’s important to add a community involvement component to lawyer reviews, even if it’s just one goal a year. It lets the lawyer know that you are serious. The Colorado Supreme Court asks each attorney to contribute 50 hours pro bono work every year. Integrating these programs leads to win/win results for the company.

Not every firm can match the efforts of a big company like Encana or a big law firm like Brownstein. However, there is a good fit for companies of every size. Again, it’s all a matter of focus.

In fact, it’s much easier to get a small five-member firm to focus on strategic initiatives than it is to 500 lawyers at a large firm. If a law firm has $10,000 to donate, that money will flow heavily and have a greater impact on one organization than a $100 donation spread across 100 organizations.

Smaller law firms can also multiply their impact by partnering with others in an industry, such as vendors or clients, to support specific nonprofits.

Social responsibility: Return on investment

Companies measure the results of their social responsibility programs, and use these results to make decisions about future efforts. Law firms should do the same.

At the end of the year, Encana used a five-tier model (outlined above) to analyze our charitable giving. How much is given at each level? Then the company sends a form to each nonprofit, asking recipients to evaluate results (statistics for what has been achieved), process (does the effort meet the intended audience) and impact (What is the difference).

Encana asks recipients to reply within 60 days, and uses this information to calculate return on investment. Those who do not report back are not eligible for further contributions. Nonprofits may complain at first, but they seem to change their minds after going through the process – finding that it has useful strategic value.

It is appropriate to ask nonprofits to document the results they have achieved based on your contributions. This lets them know that you are truly invested in the organization. They will see you more as a partner and engage you differently.

Most companies have created and benefited from well-thought-out and strategic social responsibility programs. Law firms are starting to do the same. A program with a rigorous focus and strict guidelines guarantees maximum impact and awareness in return for the law firm’s commitment of time, talent, and wealth.

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