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Taking the Lead in Latin American Pro Bono
March 13, 2007 Globally Noted — Pro Bono Matters
Whether it is the Macchu Picchu ruins in Peru, the Argentine Tango, or Rio's grand Carnaval, Latin America is a region known for its rich culture and vibrant history. Yet, despite its colorful heritage, one tradition that Latin America lacks is the concept of pro bono service by lawyers.
Unlike its North American neighbors, the traditional view in Latin America is that pro bono work is a luxury few law firms can afford. In fact, most local bar associations do not include pro bono guidelines in their ethical code.
"Only within recent years have a few Latin American countries made an effort to incorporate traditional pro bono principles into practice," says Alexis Rovzar, who heads the Firm's Latin America practice. "Inspired by the importance, but palpable lack of pro bono activity in the region, several of our lawyers devote a substantial amount of time to helping local not-for-profits and bridging this chasm."
Alexis is clearly one such lawyer. He is an active board member for a number of prominent Latin American not-for-profits, for which the Firm has developed long-standing relationships. But others have taken the reins as well.
Since the beginning of his career, partner Jonathan C. Hamilton (Washington, DC) has helped build the Firm's Latin America Pro Bono practice, spearheading numerous projects involving corporate governance and dispute resolution issues in Brazil, Chile, Costa Rica, Mexico, Peru, and other jurisdictions. "The Firm's Latin America Pro Bono practice has significantly evolved over the years thanks to our many lawyers around the world who've proactively sought and engaged in pro bono work, fueling the development of a pro bono culture in Latin America," Jonathan noted. White & Case stands out as a leader in this field. Last year alone, 114 lawyers from nine offices (Mexico City, London, New York, Miami, Washington, Johannesburg, Los Angeles, Brussels and Sao Paulo) worked a total of more than 2,400 pro bono hours to help individuals and non-profits connected with Latin America. Some of our more recent work reflects this commitment:
- The Philharmonic Orchestra of the Americas (POA) promotes the work of some of Latin America's most talented young composers and musicians, and brings their performances to New York's most impressive concert venues, such as Lincoln Center and the Tribeca Performing Arts Center. Alexis serves as chairman of POA's board, and the pro bono team is led by Sara Lulo (London). While Jim Hayden, Gerret Bauer, Laura Boyett and Aristides Diaz-Pedrosa (New York) have been advising the orchestra on its application for tax-exempt status as a non-profit corporation, Sharon Parella, Tal Marnin and Jennifer Frattini (New York) have provided employment law advice. Carol Witschel and Jennifer Co (New York) have also advised the POA on trademark law issues.
- The US-Mexico Foundation is a not-for-profit organization that provides charitable grants for programs aimed at improving economic conditions in Mexico and lessening the burdens of the Mexican government. Areas of focus include: public health care, education, housing, and small-scale infrastructure projects, such as water and sewage systems and bridge repair, benefiting rural communities and neglected urban barrios. Jonathan and Sara, with the assistance of various tax lawyers, have helped the foundation in a number of capacities. Jonathan serves on the board of the organization, which includes representatives of, and draws support from the Consejo Coordinador Empresarial, the umbrella organization for major Mexican industrial associations.
- Conservation International and The Nature Conservancy recently completed the largest debt-for-nature swap under the US Tropical Forest Conservation Act, that will provide more than $24 million to help protect critically threatened rain forests in Guatemala, as well as generate local economic activity. Under debt-for-nature swaps, a country's foreign debt is forgiven in exchange for its commitment to directly support conservation work. The US government contributed approximately $15 million toward the cancellation of some of Guatemala's debt, while Conservation International and The Nature Conservancy each contributed an additional $1 million. Sandra Warren, Rafael E. Llano Oddone (New York), Charles Nairac (Paris) and Alisa Newman Hood (Washington, DC) served as pro bono legal counsel.
- Mexico Appleseed, one of that nation's largest legal pro bono networks, launched a campaign in August 2006 to build a pro bono initiative in the Mexican legal community, and kicked off with a conference: "Pro-Bono Legal Work in Mexico: Is the Legal Community Responding to its Social Responsibility?" Board member and featured speaker Alexis Rovzar discussed the gaps that exist between the practice of pro-bono legal work in the US and in Mexico. Appleseed aims to develop practical and lasting solutions to chronic injustices in public education, health care, child welfare, justice, and immigration.
- A long-time key Mexican pro bono client, Procura A.C. is a non-profit organization whose mission is to develop professional, ethical and philanthropic personnel, consultants, and volunteers for Mexican not-for-profit organizations, and provide programs that focus on fundraising, marketing, and administration. In addition to promoting research on topics relevant to Mexican philanthropy and fundraising, Procura teaches courses, offered by the Fund Raising School, to volunteers throughout Mexico, and in other Latin American countries. Numerous lawyers in Mexico and the United States have assisted Procura over the years and many have joined its faculty.
- The Firm's newest Latin America pro bono client, Fundacion Teleton MexAmerica (Teleton), is one of the largest non-profit organizations in Mexico, and promotes fundraising events for the construction, operation and maintenance of medical rehabilitation centers for disabled underprivileged children in Mexico. Alexis and Guillermo Garcia (New York) serve as pro bono legal counsel in Teleton's general corporate matters, as well as in the exploration of new funding alternatives in the US. Teleton has seven medical centers that provide assistance to more than 30,000 children per year.
- The Institute for Latin American Art Documentation (ILAAD) protects Latin American colonial art through archiving inventories of endangered works, particularly in the Cuzco region of Peru. Its efforts strengthen the academic study of colonial art and aid in the recovery of stolen art. White & Case has advised ILAAD over a number of years on corporate, tax, intellectual property and public international law matters, also drawing on the advice of local counsel in Latin America. Jonathan spearheads the representation and, most recently, Linda Carlisle and Christine Brennan (Washington, DC) have advised and assisted this important undertaking.
Over the years, the Firm's impressive roster of Latin American-oriented pro bono clients has included: the Museum of Modern Art of Sao Paolo, Hogar de Cristo in Chile, Museo Papalote in Mexico City, Hacienda Pinilla in Costa Rica, Reintegra in Mexico, A.C., ProVivah Patronato del Instituto Nacional de Pediatría in Mexico, Mexican Mediation Institute and The National Autonomous University of Mexico.
Although the prospect of one law firm single-handedly transforming the view and practice of an entire continent seems daunting, planting seeds to grow a philanthropic culture in Latin America is a major step forward. White & Case — with an impressive track record for providing pro bono, philanthropic and volunteer services to those in need around the world — has taken the lead in making this change.
Globally Noted is White & Case's internal newsletter.
© 2007 White & Case LLP
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