WHAT DO YOU WANT TO ACHIEVE? HUMAN IMPACT
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1 WHAT DO YOU WANT TO ACHIEVE? HUMAN IMPACT For O Melveny, pro bono has never been an afterthought. It s part of our DNA. It s what drives our lawyers to do better, be better, and make the world better. From founding the Legal Aid Foundation of Los Angeles in 1929 to working with the White House to improve low-income legal services, O Melveny continues to seek innovative solutions to help those who need it most. Through these efforts, we grow as lawyers, we grow as leaders, and we grow as people. Our vibrant and award-winning pro bono practice tackles the critical issues of the day, including criminal justice, immigration, housing, women s rights, foster care, education, veterans affairs, and community building. Our clients from same-sex couples seeking marriage equality to nonprofits stitching together a social safety net are as diverse as the communities we serve. And we continue to challenge ourselves to do more. BEIJING BRUSSELS CENTURY CITY HONG KONG LONDON LOS ANGELES NEW YORK NEWPORT BEACH SAN FRANCISCO SEOUL SHANGHAI SILICON VALLEY SINGAPORE TOKYO WASHINGTON, DC
2 Main US office location: 400 South Hope Street Los Angeles, CA (213) THE STATS No. of Attorneys: 680 No. of Offices: 15 Chair: Bradley J. Butwin Who s Who How many pro bono coordinators and/or partners does the firm have? 3 Please provide the primary pro bono contact(s) s information below. David Lash Managing Counsel for Pro Bono and Public Interest Services (213) dlash@omm.com Approximate percentage of his/her time spent on pro bono work/administering pro bono program: 100% Jerri Shick Pro Bono Counsel (212) jshick@omm.com Approximate percentage of his/her time spent on pro bono work/administering pro bono program: 100% Brian Berliner Partner-in-Charge of Public Interest and Pro Bono Services (213) bberliner@omm.com Approximate percentage of his/her time spent on pro bono work/administering pro bono program: 10% Pro Bono website (if different from main site): Does the firm have a pro bono committee? If so, how often does the committee meet? As needed Please describe the composition of the committee: Our Community Legal Services (CLS) Committee, comprised of designated office pro bono partners and other firm leaders, regularly convenes to review all proposed pro bono matters, discuss pro bono policy issues, and keep the firm focused on continued excellence in our pro bono efforts. Each office has a pro bono partner who serves as the chair of that office s pro bono committee. The committee focuses on pro bono performance at the local level. THE SCOOP Does the firm have a written pro bono policy? Can associates bring pro bono matters of interest to the firm? How does the firm decide whether to take on a pro bono matter? The firm decides whether to accept a pro bono matter based on compliance with factors set forth in our Pro Bono Policies and Procedures. Based largely on the standards set forth by the Pro Bono Institute s Pro Bono Challenge, as well as the firm s own priorities and values, each matter presented to the firm for possible pro bono representation is thoroughly reviewed by the firm wide Community Legal Services (CLS) Committee. The CLS Committee is comprised of firm leaders from our different offices, including the firm s Partner-in-Charge of Pro Bono, Managing Counsel for Pro Bono and Public Interest Services, General Counsel, Pro Bono Counsel, and office pro bono partners. Each matter is evaluated based on established criteria, including client eligibility, merit, impact, professional development, and other factors as deemed appropriate to the situation. The CLS Committee votes on each case presented to the firm and reaches consensus within two business days of the presentation Vault.com Inc.
3 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 2014? Asylum; Bankruptcy; Civil rights; Community economic development; Consumer law and small claims court; Disability benefits; Domestic violence; Education; Elder law; Employment; Fair housing/tenants rights; Family law; First Amendment and constitutional issues; HIV/AIDS advocacy; Homeless advocacy; Immigration; Indigent criminal defense; International human rights; Juvenile justice reform; Nonprofit corporate law; Nonprofit incorporation/tax exemptions; Nonprofit intellectual property; Police misconduct; Prisoners rights; Social security law; Probate law; Public benefits; Real estate transactions; The arts and historic preservation; Veterans benefits/appeals; Voting rights List up to 10 of your firm s pro bono clients or partners since 2014, including legal service providers or clearinghouses. Bet Tzedek Lambda Legal United States Appeals Court for the Ninth Circuit Mexican American Legal Defense and Education Fund (MALDEF) Center for Reproductive Rights Immigration Equality Kids in Need of Defense (KIND) Trial Advocacy Prosecution Program The Alliance for Children s Rights Brennan Center for Justice List up to three pro bono matters/representations that are highlights (e.g., a Supreme Court case). O Melveny, as co-counsel with the Mexican American Legal Defense and Educational Fund (MALDEF), represented three undocumented mothers of US citizen children before the US Supreme Court as intervenors in United States v. Texas. Texas and 25 other states challenged the Obama Administration s Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) policy, which would have allowed an estimated 4-5 million undocumented parents of US citizen children to apply for discretionary grants of deferred action temporary, revocable relief from deportation and legal employment authorization. DAPA has never been implemented, as Texas filed suit in federal district court days after its announcement, obtaining a preliminary injunction halting the policy in February O Melveny s involvement represents the culmination of an extensive effort, leading to the immigrant mothers being added as parties to the case on November 19, 2015, allowing the mothers to participate as intervenors in the Supreme Court appeal. In the Supreme Court, the O Melveny team filed briefs in support of the petition for writ of certiorari and at the merits stage. In addition to supporting the Federal Government s arguments that Texas lacked standing to sue and that DAPA was a lawful exercise of executive authority, the O Melveny briefs made the unique argument that Texas s alleged financial injury underlying standing was a speculative, illusory harm too conjectural to support jurisdiction. The O Melveny team then prepared MALDEF President Thomas Saenz to argue on behalf of the Jane Doe clients at the Supreme Court oral argument. Though the Supreme Court ultimately deadlocked in a 4-4 decision, leaving in place a lower ruling blocking the programs, O Melveny s work with MALDEF ensured that the families principally affected by this policy had a voice as parties in the case. O Melveny obtained a reversal from the Maryland Court of Appeals of three lower opinions that ironically branded a mother as a child abuser for taking seriously her daughter s disclosures of sexual abuse. Over the course of several years, the daughter told her mother that she was abused during visits with her father, each time accompanied by medical evidence. The mother took her to doctors for examinations and made reports to Child Protective Services (CPS). CPS each time ruled out sexual abuse, despite compelling evidence to the contrary. CPS thereafter blamed the mother for her child s deteriorating psychological condition, theorizing that the child was feigning the abuse to induce a supportive reaction and the mother should have stopped reacting to the disclosures. CPS charged the mother with mental abuse, a finding that was upheld by an administrative law judge (ALJ) in a decision based on a strict liability standard. The mother was herself branded a child abuser, entered into a database identifying her as such, and stripped of unsupervised access to her child. ALJ s determination was appealed to the circuit court and then the Maryland Court of Special Appeals, but both affirmed the decision. O Melveny entered the case after cert was granted in Maryland s highest court. O Melveny argued that parents cannot be branded as child abusers on a strict liability standard and certainly not for making reports of abuse to CPS, which Maryland law requires parents to do. The Court agreed, holding that the state s ruling was inconsistent with common sense and henceforth a person must intend to injure the child or act in reckless disregard of the child s welfare to be labeled a child abuser. This precedent-setting case will ensure that protective parents who follow the law and report child abuse will not have to fear being labeled abusers themselves. O Melveny worked with Compassion & Choices to represent terminally ill patients and physicians in their challenge to California Penal Code Section 401, which makes it a felony to aid a person in committing suicide. On May 15, 2015, the O Melveny team filed suit in San Diego Superior Court on behalf of three terminally ill cancer patients and a physician specializing in palliative care for the terminally-ill. Filed with co-counsel from Compassion & Choices, a national nonprofit organization advocating for better healthcare and more patient choice at the end of life, the suit raised a constitutional challenge to the law. Ultimately, the Superior Court, Appellate Court, and California Supreme Court, Visit 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. 357
4 while sympathetic to the circumstances faced by plaintiffs, ruled that the law would need to be changed through legislative means rather than litigation. The group continued its challenge in the California legislature, lobbying for the End of Life Option Act (EOLOA), which permits doctors to provide prescriptions for life ending medication to mentally competent terminally ill adults expected to die within six months. The EOLOA was passed and enacted on June 9, 2016, marking a foundational shift in California policy and ensuring that our clients, along with 38 million Californians, have important options at the end of life. BY THE NUMBERS What is the total number of hours that lawyers at your US office(s) spent performing pro bono legal services, as defined by the law firm pro bono challenge, in 2014 and 2015? Do not include summer associate or non-lawyer pro bono hours in your answers. (please round to the nearest hour) 2014: 62, : 54,779 Is there a pro bono requirement at your firm? If so, what is the requirement and to whom does it apply? Under our Pro Bono Initiative, new lawyers in all US offices are required to handle at least one pro bono matter in their first year at the firm. Each attorney is expected to record no less than 20 hours and encouraged to perform at least 50 hours of pro bono work annually. There is no cap on the amount of time that O Melveny lawyers may spend on pro bono matters, and all pro bono hours are treated the same as, and count the same as, those spent on commercial matters. 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? N/A What was the attorney headcount in your firm s US office(s)? As of December 31, 2014: 609 As of December 31, 2015: 603 Does the firm consider pro bono hours when determining bonuses? Using the number of attorneys listed above, what is the average number of pro bono hours per attorney in your firm s US office(s) during the following years? (please round to the nearest hour) 2014: : 91 What percentage of attorneys employed in 2014 and 2015 in your firm s US office(s) did at least 20 hours of pro bono work during that calendar year? 2014: 54% 2015: 61% 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? If so, are those evaluations taken into account in determining salary or bonuses?, they are taken into account in determining salary and bonuses PRO BONO POINTS What training opportunities are open to associates working on pro bono matters? Training is the foundation of professional development. O Melveny s training program is designed to fulfill the needs of our associates and counsel at all levels and in a way that makes our talent distinctively well-rounded embodying true excellence, leadership, and citizenship. Pro bono matters are a valuable source of such training opportunities. The firm encourages all attorneys to enhance their professional development by participating meaningfully in pro bono matters. In addition, the firm offers particular skills training programs that are linked to pro bono projects. 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 work in 2014 and Please round to the nearest hour and include numbers only: do not use commas, decimal points or labels. Total hours summer associates spent on pro bono work: 2014: 2, : 2, Vault.com Inc.
5 Average hours per summer associate spent on pro bono work: 2014: : 41 Percentage of summer associates in your firm s U.S. office(s) engaged in pro bono work: 2014: 74% 2015: 60% Please provide any additional information about pro bono opportunities available to summer associates. Summer associates are encouraged to participate in ongoing pro bono matters. In addition, the firm offers pro bono programs specifically designed for summer associates, including the ADL Research Project, Trial Advocacy Prosecution Program, Sanctuary for Families Courtroom Advocates Project, SSI disability appeals, Bronx Defenders Desk Appearance Ticket arraignment program, OneJustice s Justice Bus Program, the OneJustice Summer Research Project, various domestic violence projects, various clinic opportunities, involvement in ongoing litigation and transactional matters, and more. Does the firm have established programs, such as externships, that enable its associates to work in a public interest setting? If so, please describe the established program(s) and their duration, if applicable. O Melveny offers the Trial Advocacy Prosecution Program in partnership with the City of Redondo Beach where O Melveny lawyers can take on cases, often in front of juries, to assist the City of Redondo Beach in handling its caseload. During the course of the matter, the O Melveny associate, counsel, or partner works out of the prosecutor s office to try the case. We also sponsor select attorneys in our San Francisco office for a four-month volunteer attorney program at the SF Public Defender s office. O Melveny also offers a sabbatical program called Bridges, where lawyers may take time off up to two years to work on causes that are important to them. For example, we have had associates take a sabbatical to assist a non-profit start-up and to work at a pro bono organization. Lastly, O Melveny offers secondments to its lawyers on a caseby-case basis. One recent secondment lasted for 10 weeks and involved a Newport Beach associate who was seconded to the Orange County District Attorney s office where she handled a full case load and numerous trials. 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 applicable. O Melveny invests heavily in the communities it serves. Each office contributes to numerous local charities and the firm offers support to causes around the globe. Among O Melveny s public interest activities, the firm is a founding sponsor of the Court Square Law Project (CSLP), a start-up that deploys lawyers to provide low bono legal services to moderate-income clients bringing resources from BigLaw, the bar, and law students to address the justice gap and underemployment among new law graduates. O Melveny chair Bradley J. Butwin serves on CSLP s Executive Committee and helped lead the NYC law firm community to contribute funding, raising US$100,000 from 19 firms. CSLP lawyers receive a stipend, legal experience, training from firms like O Melveny, mentoring, legal supervision, and other tools to help them transition to a self-sustaining law practice. Additionally, O Melveny is a founding member of the IP and High Technology Consortium at UCI, supported UCI s Veteran s Symposium, provided attorney volunteers and funding to UCLA and Harvard for their appellate clinics, and presented on campus at Boalt, Stanford, and Penn about Corporate Social Responsibility at O Melveny. Further, many partners teach law school courses at no cost. In , O Melveny donated over US$238,000 to 25 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. Other than pro bono work, there are many ways that O Melveny attorneys give back to their communities, including nonprofit board service, non-legal work for nonprofit organizations or charities, and volunteering to teach or help students with mock trials. As tangible evidence of O Melveny s enduring commitment to supporting higher education in our communities, the firm has established scholarships and has built strong ties to our namesake, O Melveny Elementary in Los Angeles, and to other schools at the secondary, college, and postgraduate level. The scholarships reward the scholastic achievements of deserving young people in Los Angeles, San Francisco, New York, Beijing, and Shanghai. During the past 15 years, the Firm has contributed over US$9 million toward scholarship awards and devoted many hours to hundreds of students who excel academically but need a helping hand to realize their dreams of attending college or becoming practicing lawyers. In addition to monetary support, O Melveny employees often serve as mentors for the scholarship recipients. Several offices also have Community Involvement Committees that organize volunteer events, such as fundraising drives, planting gardens, working in soup kitchens, painting schools in low-income areas, sending packages to active-duty military, and providing presents for disadvantaged children during the holidays. Please list special recognition or awards your firm has won in the last three years for its pro bono work. Top 10 A-List Firm: The American Lawyer (2016, 2015, 2014): recognizes well-rounded firms, heavily weighs pro bono commitment Pro Bono All Star: Law360 (2015): chosen for exceptionally stalwart commitment to pro bono work Visit 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. 359
6 Pro Bono Firm of the Year: Law360 (2015, 2014): honored as a top pro bono firm for the sixth straight year in 2015 Beacon of Justice Award, National Legal Aid & Defender Association (2015, 2014): honored for devising innovative solutions to improve life outcomes for those unable to afford counsel Cornerstone Award, Lawyers Alliance for New York - Associate Todd Arena (2015): recognized for outstanding contribution of pro bono legal services to nonprofit organizations Public Service Award: The Weingart Center for the Homeless (2014): honored for devoting eight decades of public service to the LA community Rose L. Schiff Commitment to Justice Award Bet Tzedek Counsel David Lash (2014): honored for helping build the agency into one of the nation s preeminent nonprofit legal service organizations Lawyers Who Lead by Example: Pro Bono, New York Law Journal, Counsel Jerri Shick (2014): recognized for work assisting Holocaust survivors, earthquake victims in Haiti, and New Yorkers recovering from Hurricane Sandy Please add any additional information about your firm s pro bono program. You might want to touch on some of the following issues: firm s pro bono philosophy; procedures for undertaking pro bono; assignments; staffing of pro bono cases; general volunteering opportunities (outside of legal services); salary structure as it relates to pro bono work and billable hours or bonuses; international pro bono; opportunities; pro bono hours by office or region, including overseas. Throughout the firm s history, O Melveny has channeled the creativity and passion of its lawyers into public interest efforts. Firm founder Henry O Melveny was a prominent civic leader in turn-of-the-century Los Angeles who played a leadership role in multiple institutions that served the public good. Following his father s example, Jack O Melveny in 1929 helped found the Legal Aid Foundation of Los Angeles, the oldest and largest provider of free legal services in California. Early recognition of O Melveny s leadership in the public interest arena came in 1963 when President Kennedy invited firm lawyers to a White House meeting to rally the legal profession in defense of the civil rights movement. That tradition grew under the leadership of Warren Christopher and continues today, with the firm helping convene of a series of meetings with Vice President Biden that spurred a new nation-wide pro bono initiative. Our pro bono ethic now extends to our offices in Europe and Asia where our lawyers are part of the UK pro bono collaborative as well as programs being launched in Asia. Our steadfast commitment has always been evident in policies that support pro bono and encourage participation in the most important public interest issues of the day Vault.com Inc.
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