Pro Bono Work: An Unheralded Tool for Professional Development

Let’s be honest, when you work as an associate at a big law firm practicing mass tort litigation, there may be limited opportunities to get into the courtroom. Don’t get me wrong, this area of the law provides many chances for substantive litigation experience, from conducting written discovery, to expert disclosures, to drafting motions, and to, of course, deposing all those people who claim to have been injured by a particular drug, device, pesticide, or bagged salad. But when it comes to trying cases, presenting evidence, and cross-examining witnesses in court, those opportunities rarely fall into the arms of an associate. And for those associates (and partners) who have an interest in trial advocacy, this lack of opportunity can be a source of personal and professional frustration.

While there is no one-size-fits-all solution to this conundrum, there are various ways for associates to develop trial advocacy skills while patiently waiting to be staffed on a bellwether trial. For instance, many firms offer in-house training opportunities like mock trials, some may outsource training to organizations like NITA, and others may arrange for associates to prosecute misdemeanors as part of a city attorney’s office secondment. All these options are excellent, and I applaud those firms, like my own, that have chosen to affirmatively invest in the future and offer hands-on skills training to their associates. After all, learning-by-doing is arguably the best way to learn a skill.

With that in mind, I humbly submit that associates seeking to develop in-court skills should sincerely engage in pro bono work. Now, I recognize that pushing pro bono hours is not a novel concept. Many firms require or strongly recommend that associates perform pro bono services. The ABA Model Rules of Professional Conduct have long stated that all lawyers should aspire to perform at least 50-hours of pro bono service a year. And it is no secret that the demand for qualified legal assistance by persons of limited means far outstrips supply. But even if you set all that aside, the fact is that pro bono work can uniquely provide associates with real-world, in-court experiential skills training that is unrivaled by any simulated coursework.

By way of example, shortly before the pandemic struck, I began performing pro bono work in the Minneapolis/St. Paul area for the Tubman Safety Project, an organization that provides legal representation to victims of domestic violence who are seeking Orders for Protection and/or Harassment Restraining Orders against their abuser(s). Outside of my personal interest in the subject matter, one of the things that drew me to this particular practice area was the promise that it would get me into court and allow me to develop those trial skills that are often hard to come by at the associate level. I have not been disappointed.

Over the last 12–18 months, I have gone to court repeatedly (sometimes in-person, sometimes via Zoom) on behalf of domestic violence victims and have prepared for and first-chaired multiple court trials. I have conducted fact discovery, issued subpoenas, and prepared witnesses to testify. I have drafted and argued motions in limine. I have negotiated various types of settlements. I have taken in-court testimony from fact witnesses, victims, police officers, and abusers. I have learned how to lay foundation for and introduce exhibits at trial. I have drafted and argued post-trial motions. And I have even drafted and filed an appeal brief in one case. In short, my pro bono work has given me the chance to develop practical trial skills and a “personal brand” that will serve me well in private practice. But more than that, I am making a real difference in my community. Altogether, that is a win-win in my book.