Developing Pro Bono Projects: The Washington Appleseed Center for Law in the Public Interest

by Sue Donaldson

American Lawyer has described Appleseed as “pro bono’s new frontier.” A non-partisan, nonprofit national organization made up of a network of public-interest law centers, Appleseed is dedicated to building a just society — through education, legal advocacy, community activism, and policy expertise, and by addressing root causes and producing practical solutions. As part of the nation’s largest legal pro bono network, Appleseed Centers work both independently and collectively, bringing their own experiences to create local solutions that are nationally relevant. The Centers connect private practice lawyers, corporate counsel, law schools, civic leaders, and other professionals to tackle problems locally.

Washington Appleseed Center for Law in the Public Interest (www.waappleseed.org), part of the Appleseed network, shares the national mission, promoting systemic policy change, using pro bono attorneys and advocates. Washington Appleseed develops projects through a variety of approaches. Sometimes, through discussions with service providers or civic leaders, we identify an issue and begin doing background research on a “case statement” describing the issue and the problem. With the research and statement in hand, we then talk to firms about working on the project. At other times, we spend time with lawyers and interview them about their skills and about their interests in public policy areas and issues.

The Foster Pepper “Affordable Housing Fund” project is an example of the second approach. I interviewed lawyers on the Pro Bono Committee at Foster Pepper to learn about their work and how their expertise could be leveraged for the nonprofit sector. Attorney Jack Zahner mentioned that he often wondered why nonprofit housing developers didn’t utilize some of the tools of his commercial clients, such as the securitization of assets. Later that week, I had the opportunity to ask this question of a representative from the local YWCA.

The chief executive officer of the YWCA, Sue Sherbrooke, indicated that the strategic plan for the YWCA over the next 10 years was to increase its inventory of transitional, supported housing from the current inventory of 500 units to 1,000 units. She mentioned the challenge in the Puget Sound real estate market for flexible and nimble acquisition by nonprofits, given the mosaic of state, county, and city funds that needs to be assembled.

Foster Pepper attorney and then-Washington Appleseed board member Marc Greenough contacted Sue Sherbrooke and began scoping the project. Marc also involved Seattle-Northwest Securities Corporation, a client of Foster Pepper with whom Marc has worked on other financing projects. Then-Washington Appleseed Board Chair Brad Diggs also enlisted his firm, Davis Wright Tremaine. According to Marc Greenough, this project was the first time mezzanine financing had been used to benefit a nonprofit housing operator. It also promoted a long-term solution to a continuing problem rather than simply a temporary stop-gap measure. Specifically, the tax-exempt bonds were sold at a slight discount to market to socially responsible mutual funds. The taxable bonds were sold at a high discount (yielding roughly one percent) to individuals with whom the YWCA had an existing or prospective donor relationship.

The result? The YWCA obtained a revolving fund of more than $28 million for multi-family housing projects. This project was named by The Bond Buyer as one of 10 “Regional Deal of the Year Winners” for 2007. Washington Appleseed presented Foster Pepper and Davis Wright Tremaine with the 2007 Innovator Awards for Pro Bono Service for their work on this project.

The Heller Ehrman project was developed in 2006 through conversations with attorneys interested in pro bono work. They identified community and economic development in Seattle’s distressed communities as an area in which they would like to work. Washington Appleseed set up lunch meetings with leading organizations involved in this work in the Central Area, the Rainier Valley, and the International District. A work group was assembled consisting of Washington Appleseed board member Fred Corbit (then a Heller Ehrman attorney and now at Northwest Justice Project), Jay Lapin (then a Washington Appleseed board member), and Stephanie Miller (a recent University of Washington MAPS graduate and Central Area resident). Jennifer Burgess-Capoccia (then a University of Washington School of Law 3L) devoted 40 hours a week for 10 weeks staffing this project and the work group as an extern.

Much research was done and several projects were developed. Heller Ehrman drafted documents so that low-wage workers could buy condominiums from a local land trust. Previously, the land trust could only offer single-family residences to its clients. Commercial and municipally funded land trusts were also studied. Some of the strategies that Heller Ehrman developed to support low-wage workers in obtaining housing may also be used in other areas, such as the Methow and Yakima valleys. The work generated additional, similar projects on behalf of Habitat for Humanity and Columbia Legal Services.

More recently, several projects have been developed to help low-wage workers with medical-legal issues. Foster Pepper attorneys Joanna Plichta Boisen and Sven Peterson have worked with Seattle Children’s Hospital to create an advocacy packet and tool kit for parents of children with congenital craniofacial disorders. Miller Nash attorney Tom Olson, working with the Greater Washington Chapter of the National Multiple Sclerosis Society, attorney Patricia Kahn, Elizabeth Pelley of First Choice Health, and Seattle University School of Law students Danielle Cross and Tyler Rogers, created a booklet to answer legal questions about living with multiple sclerosis. Perkins Coie attorneys Elizabeth Lee and Elizabeth Dietrich are developing strategies for employers to provide health insurance for children being raised by employed grandparents.

At its annual awards luncheon in October, Washington Appleseed honored Michele Radosevich and Davis Wright Tremaine for the pro bono legal work that supported the legislative enactment of the Working Families Credit in the recent legislative session. 

It is important to Washington Appleseed that we develop projects that speak to the passions of the attorneys who will be doing the work. We are interested in projects that enable lawyers to work with significant firm clients or other partners such as accounting firms. It is our intent to develop projects where firms will “do well” as well as “do good.” Every day, we ask ourselves, “What would access to justice look like if every attorney in Washington State had the opportunity to contribute at least three hours a week in pro bono assistance to the needs of the under-served and under-represented?” We invite you to join us in this important work. 

Attorney and former public official Sue Donaldson is the founder and former executive director of the Washington Appleseed Center for Law in the Public Interest. In September 2008, Marvin Stern was named executive director of Washington Appleseed. He can be reached at marvin.stern@waappleseed.org. The Legal Foundation of Washington will present the 2009 Charles A. Goldmark Distinguished Service Award to recognize Bradley Diggs and Washington Appleseed at the 23rd Annual Goldmark Award Luncheon in February.