The reasons why law firms commit to corporate social
responsibility vary, but what the best initiatives share is a focus on results.
Joanna Goodman reports.
Corporate social responsibility (CSR) has always been
high on the agenda for law firms. A Google search for ‘law firm CSR’ produces
an exhaustive list of firm websites highlighting strong engagement in giving
back to society through pro bono legal advice, charitable work and educational
initiatives, programmes around the environment and sustainable business, and
equality and diversity.
This is
partly because many lawyers and other professionals are attracted to working in
law firms by altruistic motives – a belief in promoting justice and human
rights – in addition to enjoying a rewarding and often well-paid career.
CSR has long
been recognised by legal awards. The winners highlight the range of ways firms
and corporate legal departments are deploying their skills to support charities
and community projects.
For example,
the recent FT Innovative Lawyers event recognised firms undertaking pro bono
work to help tackle global humanitarian issues, notably the legal aspects of
Europe’s refugee crisis, and to combat poverty and healthcare issues in
developing countries. Closer to home, driven in part by cuts to legal aid and
public sector services, law firms are engaged in activities that support access
to justice and community initiatives for the homeless and other socially
disadvantaged groups.
Awards and
rankings indicate an industry-wide-commitment to CSR. However, there is a
disconnect between firms being reported as penalising lawyers for clocking up insufficient
billable hours while claiming that a significant percentage of the workforce is
volunteering for charity work. The two statements are not mutually
contradictory, but there is the potential for a culture clash.
The plethora
of claims around CSR could be because it is generally recognised that CSR
activities bring direct business benefits. They help to build and strengthen
relationships with clients and suppliers, support recruitment and retention,
and enhance job satisfaction and career prospects by helping people at all
levels in the firm broaden their skills, competencies and professional
networks. And then there are the profile-raising and business development
elements. And all this is in addition to supporting communities and society at
large.
Competitive
boundaries collaboration
As well as
boosting competitive advantage by differentiating firms in business pitches and
‘beauty parades’, CSR reaches across the legal sector’s competitive boundaries,
with law firms and clients working together to deliver broader initiatives such
as the Legal Social Mobility Partnership (LSMP).
The LSMP was
established in 2013 by Barry Matthews, director of legal affairs at ITV, and
Slaughter and May to give 20 disadvantaged secondary school pupils work
experience in the legal sector. The programme has expanded rapidly.
In 2016
more than 200 pupils from London, Birmingham, Manchester and Leeds experienced
two-week work placements in law firms and major corporates, together with
resilience training from Harlequins RFC and other skills and careers workshops.
Participating corporates include Microsoft, Amazon, Adidas and Aston Martin.
CSR commonly
appears as an element of business pitches and requests for proposal. It is even
becoming a contractual obligation, particularly with work related to equality
and diversity. Therefore, a firm’s broader CSR agenda could make the difference
between winning and losing business.
‘It absolutely goes to the bottom line,’
says Lorna Gavin, head of diversity, inclusion and corporate responsibility at
Gowling WLG. ‘CSR is like glue; it helps us bind more closely with our
clients.’
Gavin
explains how a shared commitment to supporting the local community strengthens
the firm’s relationship with longstanding clients: ‘Some clients, for whom CSR
is particularly important, want to work with suppliers for whom it’s equally
important.’
David
Richardson, regional managing director for commercial banking at Lloyds,
believes that working together on community projects has intensified the
relationship between Lloyds’ corporate team and Gowling’s Birmingham office.
In 2012
Richardson, Gavin and Nick Venning, then marketing director at PwC, wanted to
find ways for businesses in Birmingham to support the community. They asked
companies for young professional volunteers to run a biannual community project
in the city.
This led to Project 12, which helped people recovering from mental
illness to return to work, and Project 14 ‘Suited for Success’, which provided
interview clothes for unemployed people. Project 16 is under way now.
Other shared
initiatives include an annual ‘sleep out’ for St Basil’s youth homeless charity
(the next one is on 25 November – stbasils.org.uk/sleepout) and working for In
Kind Direct (inkinddirect.org), which redistributes products donated by
companies such as Proctor & Gamble – soap, cleaning materials, paper and so
on – to charities. Teams from Lloyds and Gowling work together in its Telford
distribution centre.
These activities do not leverage professional skills, but
are an opportunity to bring together volunteers from different parts of the
business (not just bankers and lawyers).
Support
strategy
While people
in law firms are personally committed to ‘doing the right thing’, CSR requires
investment – in roles, responsibilities and relationships, as well as time. And
as Gavin observes, it can easily slip down the list of priorities when a
business is under pressure.
It therefore requires senior management commitment
and a clear strategy. Gowling has had a dedicated corporate responsibility team
since the 1990s. Gavin is part of that team and reports directly to the firm’s
chairman.
How do firms
decide which causes to support? One starting point which resonates with staff
is identifying the needs of the community, and specifically how legal and
financial professionals can help. This is where the Gowling, Lloyds Banking
Group and PwC project started.
Gavin is
passionate about leveraging people’s professional knowledge – including legal
skills, but also business skills from financial management to mentoring – as
well as making sure that Gowling’s CSR programme, which focuses on pro bono,
volunteering and charitable giving, is inclusive and not just for lawyers and
senior managers.
‘It is important to be needs-led and to use the skills we
have,’ she says. ‘Pro bono is the obvious way for lawyers to help the
community, but there are other opportunities to use our business skills to help
our communities and raise awareness among our professionals too – for example,
when they help our homeless placements write their CVs.’
Corporate
responsibility manager Catherine Correia joined Burges Salmon during the 2008
recession with the remit of delivering a coordinated programme. A six-strong CR
committee meets on a monthly basis and reports to the board. In addition to the
firm’s longstanding commitment to pro bono, CR projects focus on the
environment, employability and social mobility, and citizenship, which is about
working with local communities.
‘Lawyers are
keen to use their skills and resources to support the less privileged,’ Correia
says. The firm’s volunteering policy includes individual volunteering, working
in groups and with clients.
Like Gowling, Burges Salmon increasingly sees
questions on pitches specifically about collaborating on community and
charitable projects. Correia believes that the firm’s CR credentials
contributed directly to client wins, which last year included John Lewis and
Virgin.
Taking the
initiative
The range of
‘CSR’ activities undertaken by law firms is wide, including:
- Pro bono legal advice – for example to
refugees and organisations that support them.
- Intern and work experience schemes to
improve access to the legal profession for people from disadvantaged
backgrounds.
- Providing skills and resources that
improve employability for people identified as being in need.
- Working in legal advice centres.
- Charity fundraising.
- Governance support.
- Creating technology to support law
centres.
- Inclusion of pro bono or charity work in
billable targets for fee-earners.
- Hands-on work to improve the local
environment.
- A corporate commitment to human rights –
through human rights audits and correcting problems identified.
When Tyrone
Jones, director of CSR and engagement, joined DWF six years ago, he was tasked
with turning a collection of good deeds into a credible CSR proposition that
reflected the firm’s values. It was a thorough process. First, Jones and his
team turned to external stakeholders to discover the key issues in each of the
firm’s office locations.
They then carried out a community engagement survey to
find out what resonated with people in the firm. This identified four themes:
education (including raising aspirations); employability (people in law firms
are keen to use their knowledge and skills to add business value in the
community); wellbeing (people want to work for a business that cares for its
people and its community responsibilities); and homelessness. The community
engagement survey is repeated every four years.
At DWF, CSR
has a robust governance structure which starts at the top with a CSR leadership
group chaired by managing partner and CEO Andrew Leaitherland. Jones and his
team manage CSR groups across locations and a network of CSR/diversity
champions across the business.
At Osborne
Clarke, the CSR agenda is bottom-up rather than top-down. It is driven by
individuals with an interest in or connection to particular causes, who are
supported by the firm’s resources, network and goodwill. Dipika Keen, head of
knowledge for the business transactions group, is a trustee of the Avon &
Bristol Law Centre, which provides free social welfare law advice. On legal
education, Osborne Clarke lawyers mentor law students who have set up an advice
centre for start-ups.
Each of
Osborne Clarke’s three offices votes for a cause which it then supports for two
years. Anyone in the firm can nominate a cause and explain why the firm should
support it. There is then an online vote and all fundraising efforts support
the winning cause. Last year the Bristol office supported the Jack Banks Star
Tribute Fund which was set up by an Osborne Clarke employee. It is now
supporting Children’s Hospice South West. Keen explains that the person who
nominates the winning charity acts as its coordinator and sits on the office
charity committee which organises fundraising events.
More
specific projects are agreed by the charity committee of each office. These
have a partner sponsor and cover themes such as education and social mobility.
Joint activities with clients tend to be team-building – such as charity bike
rides and renovation projects. Osborne Clarke’s CSR efforts focus on
relationships within the firm and with local communities. ‘The organic way
these are managed encourages involvement from all parts of the business,’ Keen
adds. ‘Rather than being decided at the top level, it’s about tapping into
people’s interests so they find time to participate.’
It seems
that whichever way firms go about choosing CSR themes, they generally report
relatively high firm-wide engagement with altruistic and community activities.
CSR makes
business sense
This
reflects well on the profession given that time is the main unit of lawyer
productivity (and lawyers are targeted on chargeable hours), and consequently a
volunteering culture means finding ways to recognise the value of volunteering
time. At Gowling the first 50 hours spent on pro bono work is counted towards
lawyers’ billable target.
DWF has
developed a detailed scheme for measuring CSR performance which is similar to
the overall strategy at Lloyds. Performance against action plans and key
performance indicators (KPIs) is reported through the CSR leadership group and
to the executive board every six months. The firm participates in external
benchmarking to assess its CSR performance, drive improvement and share best
practice. CSR benchmarking includes BITC’s CommunityMark, Environment Index and
various diversity benchmarks.
From
November, a new online platform will monitor CSR performance in real time. ‘We
have partnered with a social enterprise to implement this transparent reporting
tool and will be the first UK firm to launch it,’ Jones says. The volunteering
policy gives people up to two days paid leave for voluntary CSR activity and
recognises that certain activities will require more time. Participation rates
of 36% across the firm are exceeding its 30% target and each location has its
own KPIs. ‘We wondered if we needed a volunteering policy, because volunteering
was normalised in the business,’ Jones adds.
‘However
some areas are more challenging so we wanted to give people support.’ People
can share their impressions of their volunteering experiences on Yammer (the
firm’s internal social network) and this also gives leadership the opportunity
to recognise their efforts and thank them.
Burges
Salmon’s top-down volunteering culture is reflected in a 56% participation rate
across the firm, which recently won CSR Firm of the Year at the 2016 Bristol
Law Society Awards. Although time spent volunteering is not offset against
chargeable hours, it is reflected in annual reviews, which also recognise the
efforts of professionals from business support departments who are not targeted
by time. The firm’s volunteering policy gives everyone in the firm two
volunteering days in addition to annual leave – and a third day to volunteer
with clients. Notable collaborations include one with the Canal & River
Trust.
Identifying
the benefits to the business helps keep CSR high on the agenda and justify
continued investment. ‘There are huge benefits to our people, both in terms of
recruitment, and retention in terms of wellbeing and job satisfaction,’ says
Gavin. ‘It is also a great development opportunity. Volunteering helps lawyers
and others develop core competencies that they can bring back to their work.’
Correia
agrees: ‘We encourage people to take on responsibilities that develop valuable
skills they can bring back to the workplace, like becoming a trustee or
mentoring, and we work with our learning and development team to provide
training.’
It is also a
business benefit to establish firms in their local communities. ‘We don’t work
in a vacuum,’ Gavin says. ‘It’s easy for large law firms in particular, whose
clients are at the upper echelons of the corporate world (and the public
sector) to forget that they are also part of a community. CSR goes some way
towards redressing that.’
Community
projects also bring together people from different parts of the firm, building
the internal community while helping the external one. Last year Burges Salmon
partnered with Avon Wildlife Trust on the My Wild Street project renovating
people’s gardens, which improved the area and brought together people in the
community and people in the firm. On the legal education side, the firm
organises legal information days for schoolchildren facilitated by the firm’s
trainees and a week-long work experience programme which also involves parents
and teachers.
Environmental
commitments provide bottom-line benefits by cutting costs. ‘Obviously if you
cut paper consumption and energy, you are also saving money,’ says Gavin,
noting that when you add up the various elements of CSR, it makes business
sense: ‘It is not just an add-on.’
Gavin
considers the benefits to the firm’s public profile as ‘a happy side effect’
and believes it is relatively easy to identify organisations that are doing it
just for the publicity. She defines authentic corporate responsibility as doing
the right thing even when nobody is looking.
A wider role
for CSR
Burges
Salmon’s inclusivity in volunteering extends into its work with schools.
Correia and her team use the firm’s work experience programme to break down the
perception that working for a law firm means being a lawyer. ‘There are 300
business support professionals here – and work experience students also shadow
our IT, marketing, HR and KM [knowledge management] professionals,’ she says.
Other firms are also reflecting on how legal services delivery has become more
reliant on processes and technology.
The
increasing role of technology in firms has also had an impact, with Berwin
Leighton Paisner’s IT director Mike Nolan and his team taking on work
experience students and a legal technology intern. Freshfields Bruckhaus
Deringer innovation architect Milos Kresojevic led Fresh Innovate, the winning
team at Legal Geek’s first lawtech hackathon, devising a portal management
system to enable Hackney Community Legal Centre to improve its service provision
without the need for a bigger budget, thereby using technology to extend access
to justice.
Broadening
the reach of CSR is also about walking the talk. Corporates are asking law
firms about their CSR efforts and firms that are genuinely committed to CSR
values are choosing to work with clients and suppliers that share those values.
For example, Gowling’s CSR agenda is a significant consideration for taking on
clients and instructions and selecting suppliers.
‘We held a responsible
business forum for suppliers and contractors, which led to shared projects and
engaging suppliers in CSR activities,’ explains Gavin. ‘For example, our
catering and front-office teams, both of which are outsourced, have partnered
with us in providing work placements for homeless people. We have found huge
potential for collaboration with clients, suppliers and competitors.’
Taking this
further, research by Norton Rose Fulbright and the British Institute of
International and Comparative Law made a case for human rights due diligence on
the grounds that looking at the business through a human rights prism
identified significantly more actual or potential human rights risks in supply
chains. The report found that managing responsibility for impacts caused by
third-party suppliers was a common issue.
One
challenge was that the CSR function ‘will most often have responsibility for
the identification, response to and monitoring of human rights impacts, often
in cooperation with other functions, particularly the legal department’. Perhaps
this flags up an opportunity for law firms to work with their corporate clients
to manage the risk of inadvertently breaching human rights principles and
legislation – and thereby extend their own CSR impact by spreading those
values.
-Joanna
Goodman is a freelance journalist
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