4.1 Secondment issues

Many firms find that secondments to community legal organisations are an effective way of providing pro bono legal services. The following are some of the issues a firm may need to consider in relation to secondments.

Duration of a secondment

Consideration should be given to the needs of both the firm and the community organisation. Larger firms may be able to release solicitors for longer periods, although this may be more difficult in respect of more senior solicitors. A community organisation may wish to have a solicitor available on a longer term for work on a particular project or to participate generally in the advice and casework of the service (and have sufficient time to acquire any necessary expertise) or for a shorter term to work on a project with a specific deadline. There is a trade-off between shorter secondments, which allow more lawyers from firms to participate in secondments, and longer secondments, which tend to be more beneficial to the community organisation. Secondment programs that operate on short-term staff rotations need to be managed sensitively to avoid the possibly disruptive effect of staff movements on the community organisation’s clients and staff.

Recruitment and seniority of seconded lawyers

Firms will need to consider the process used for recruiting secondees. Ideally, lawyers self-select for positions on secondment. However, firms should advertise the availability of secondment positions to lawyers at the appropriate levels within the firm.122 Ways of eliciting interest in secondment opportunities include using email messages, newsletters, bulletin boards and presentations at firm functions, as well as including information in induction materials for lawyers joining the firm. Firms should also consider the experience and seniority of secondees, balancing the requirement that the lawyer be sufficiently experienced to manage the placement and the need for the firm to maintain its in-house expertise.

Recognition for work of seconded lawyers

Seconded lawyers should receive recognition for work performed on secondment and not be penalised or disadvantaged in terms of performance appraisals or future advancements. Ideally, pro bono work done on secondment should be treated in the same way and with the same recognition for the time spent as any other work undertaken by the lawyer for the firm. Additionally, firms may consider giving special recognition to the work of the lawyer by publicising their work in newsletters, or acknowledging the pro bono participants at events such as annual pro bono lunches or other events.

Supervision, training and support

In situations where secondees are undertaking work in which they are not experienced, it is essential for adequate supervision, training and support to be provided within the organisation. When secondees are placed on a rotational basis, firms could arrange for the past secondee to provide some training to the new secondee. Some firms provide solicitors on a rostered basis to staff advice sessions at a community organisation and also organise training for those lawyers. This training, and training materials, may in part be provided by people in the firm and/or be provided by the community legal organisation.

Remuneration and other expenses

Secondees remain the employee of their law firms. Their salaries and on-costs (superannuation, relevant workcover, annual leave, sick leave and other entitlements and benefits) are met by the seconding private firms.

Professional indemnity

The seconding law firm is generally not responsible for work performed by the secondee at the community organisation. The community legal organisation will normally be responsible for the secondee’s professional indemnity insurance, and firms and community organisations need to make arrangements in relation to this coverage for the seconded lawyers. See the sample secondment agreements at 3.11 Secondment agreements for examples of how professional indemnity may be addressed.

Maintaining contact with the firm during the secondment

In the case of full-time or long-term secondments, it will be in both the secondee’s and firm’s interest that mechanisms are in place to ensure that the secondee maintains an ongoing relationship with the firm during the secondment. This can by done by having provisions in the secondment agreement that reflect the intention that the secondee continue to attend the firm for practice group meetings, training seminars and social functions, where relevant and appropriate.

Conflicts of interest

There may be occasions where a secondee’s work at a community legal organisation will relate directly or indirectly to matters or clients with which the firm may be involved. Mechanisms should be in place so that any identified conflict is drawn to the attention of the firm and the organisation. Some firms supply the secondee with a list of the firm’s clients so that the secondee can be aware of potential conflicts. In some circumstances it may be appropriate for the community organisation to require the secondee and/or firm to sign an agreement to ensure the confidentiality of any information acquired during the course of the secondment.

Secondment agreement

Parties to the secondment arrangement should commit the terms of relationship to writing. Such an agreement should include the period of placement, responsibilities, insurance issues, and salary. Examples of secondment agreements are found in 3.11 Secondment agreements.

Administrative and other costs

An important consideration for any secondment to a community organisation is the potential burden a poorly managed secondment may entail. Before a secondment is undertaken, it is appropriate that important resource, training and supervision issues are considered so that the community organisation is not put to any added expense or risk by virtue of that secondment.123 If secondment programs are being expanded and encouraged, there should be a concomitant recognition that this may involve extra work for the community organisation. Firms should consider assisting this expansion by providing support for any additional staff, resources, capital equipment and training needs.

Pro bono work post-secondment

Successful secondments promote a close relationship between the firm and the community organisation, and have the potential to lead to other kinds of pro bono assistance that are beneficial to both. In addition, lawyers who have undertaken secondments are usually keen to continue their involvement in pro bono work and some firms take steps to identify opportunities for them to do so, to ensure their continuing job satisfaction at the firm.

Firms may wish to think about ways of maintaining a relationship with the community organisation after a secondment and/or for the secondee to otherwise engage in pro bono work at the firm. Firms could give the secondee, upon their return to the firm, the opportunity to attend the community organisation on a casual, and ideally fully billable/credited time basis. Firms could also identify opportunities for doing additional kinds of pro bono work with the organisation, for example, establishing a mentoring relationship whereby former secondees maintain involvement with the centre’s casework by undertaking reviews or advising on litigation strategies. The secondee’s familiarity with the community organisation’s client base may lead to more and better pro bono referrals to the firm. It might also lead to other kinds of assistance such as becoming a member of the organisation’s management committee or providing administrative or library or subscription support to the organisation. Other examples of the kinds of support a firm could offer are found in the section Multi-tiered relationships in 1.2 Current models of law firm pro bono.

Feedback to NPBRC | Home