The Power Of Pro Bono: Biglaw Firm Scores Major Victory For Victims Of Flint Water Crisis
White & Case has worked hard for the children of Flint, and it's starting to pay off.
On April 25, 2014, they switched over the Flint water supply. The city’s Emergency Manager, an unelected official foisted upon the city by the state government, claimed that switching the water supply from Lake Huron to the Flint River marked the first step in saving Flint’s long-term finances. A more cynical eye might say the switch was the first step in an unnecessary infrastructure project that transferred public funds from a politically unpowerful, predominantly minority city to private contractors to build a pipeline of dubious value that left the city starved of the cash needed to secure clean water in the interim, but that’s neither here nor there.
What happened next is the ongoing calamity we know so well. The Flint River’s water is highly acidic and corrosive and the interim water supply plan didn’t include corrosion controls. In the aftermath of the switch, General Motors had to shut off the water supply because its parts were corroding. You’d think this would tip off someone that maybe the city of 100,000 people shouldn’t be drinking the same water burning holes in auto parts. But it didn’t, and that corrosive water resulted in lead leaching into the system and the populace ended up poisoned by a dangerous, irreversible, and — to the extent it corrupts the DNA of the victim — multi-generational contaminant.
On April 25, 2018, I sat down in the well-appointed offices of White & Case to discuss the first fruits of the firm’s tireless efforts to get justice for the children victimized by this crisis. On April 12, the legal team representing the children of Flint, pro bono, including attorneys from White & Case, the ACLU of Michigan and the Education Law Center (ELC) reached a partial settlement with the Michigan Department of Education (MDE), Genesee Intermediate School District (GISD), and Flint Community Schools (FCS). The agreement establishes a two-tiered screening program for area children, consisting first of a survey process where parents and teachers can identify children displaying symptoms of lead poisoning and a second prong providing sophisticated psychological testing for children flagged by the first process. Lead poisoning manifests itself in a wide variety of ways, making a robust screening process essential. Considering upwards of 30,000 kids may have been exposed during the crisis, this is a substantial investment.
Above the Law’s pro bono columnist David Lash shared his thoughts on the significance of this result:
The work White & Case has done in Flint, Michigan, is an extraordinary example of how vital the efforts of pro bono attorneys can be in protecting those who are most vulnerable. The firm’s work on this water quality-focused litigation exemplifies the impact of lawyers who bring to bear their skills and expertise, resulting in the kind of help that only the judicial system, and dedicated attorneys, can provide. If pro bono work is our profession’s highest calling, White & Case’s pro bono protection of the health and safety of children is the most meaningful example of why that is so true.
Lindsay Heck, a fifth-year litigator at White & Case, explained that this screening program is a significant win, but still just a start. As the process accumulates data, she said, that’s when the work of designing programs to help these children get the assistance they need can begin in earnest. She’s hopeful that the parties will reach a global settlement to provide resources for that stage. However, if that’s not to be, she assured me the firm is prepared to continue fighting.
It’s a tremendous win and one that Heck credits the parents who she’s been representing for bringing the case to this point:
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This is their everyday reality. They’ve been incredibly brave in letting us tell their stories unflinchingly. It’s our hope that this settlement can be a model and the parents can take solace that this will help others.
The victory underscores White & Case’s significant commitment to pro bono. The firm won the New York Legal Aid Society’s highest award in 2017 and consistently secures high- and low-profile victories through its global pro bono efforts — efforts that add up to the tune of 108,000 hours globally.
Lindsay Heck
Heck’s work fighting for the children of Flint is indicative of the firm’s commitment. Heck, who got her pro bono start fighting human trafficking in Detroit, joined the Flint matter as a senior associate when she was just a third-year and she’s been running point on this matter, first with partner Greg Little (now leading the charge on the Flint case as an attorney with the ELC), and now under the supervision of partner Greg Starner. “It’s a good example of how pro bono can accelerate your career trajectory,” she observes.
The idea that pro bono offers young associates their best avenue to take on tasks often reserved for much more senior attorneys isn’t new, but stories like this serve as an important reminder of how true that is. White & Case had first-years second chairing depositions on this matter, and Heck explained that some attorneys were given substantive work to do on this matter basically right as they came in the door. Those are practical skills that will serve those attorneys well as they advance at the firm.
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Why is pro bono so well-suited to featuring young lawyers in starring roles? It’s certainly not that pro bono matters are “less important.” The work that goes into a case like the Flint Water matter is as high impact as any other litigation. If one’s looking for a culprit, it’s that most paying clients and large firm culture generally have developed an allergy to letting young associates handle paying work that they are entirely capable of handling. If anything, it’s actually pro bono practice where the roles are properly meted out, not the billable side.
But if there’s a bright side to this quirk of Biglaw culture, it’s that it allows lawyers hungry for professional development the opportunity to lend their skills to causes that really need them. If a firm like White & Case can cultivate a more experienced young workforce by bringing its considerable Biglaw firepower to bear on a civil rights crisis of this magnitude, then they’ve managed to master the “doing good while doing well” formula.
Earlier: White & Case Has Built The New ‘Modern’ Law Firm Office — And It’s Awesome
Joe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.
