Appendix 1: Precedents /
MEMORANDUM OF UNDERSTANDING — FIXED TERM PARTNERSHIP WITH COMMUNITY ORGANISATION
GUIDANCE NOTEThis MOU precedent anticipates a non-exclusive, fixed-term partnership between the firm and a community organisation.
Key terms:
●the partnership is for 1 year;
●the firm’s assistance includes pro bono legal work (including advice to the organisation) and various forms of support such as promotion of the partnership, fundraising, Workplace Giving and potentially corporate donations;
●lawyers in the firm may assist as volunteers, with the organisation supervising and on risk;
●the firm will use best efforts to accept requests for pro bono legal assistance, subject to capacity and commercial or legal conflicts, with a 48 hour response time. and referrals will be prioritised;
●the MOU can specify that the collaboration will focus on certain areas or client types;
●the organisation will provide pro bono opportunities and guest speakers at firm functions; and
●confidentiality will be mutually respected.
Precedents in the Australian Pro Bono Manual are provided with the generous assistance of leading Australian law firms, and have been developed to reflect best practice in pro bono.
There are two or more examples of each type of precedent to accommodate the various ways in which firms coordinate their pro bono programs. Use the precedent that best reflects the firm’s size, structure, systems, organisational culture and policies. Precedents should also be adapted as necessary to comply with the firm’s house style and terminology.
The Centre welcomes feedback on the usefulness and ease of use of these precedents, especially from firms in the early stages of developing a formal pro bono program.
MEMORANDUM OF UNDERSTANDING
Details
Date
Parties
Name[Name]
ABN[ABN]
Description[insert]
Notice Details[Address]
Name[Name]
ABN[ABN]
Description[insert]
Notice Details[Address]
and the Firm are hereinafter jointly referred to as the Parties.
Background
(a)The Community Partner is [Name of community partner].
(b)The Firm is [Firm].
(c)TheFirmhas expressed an interest in collaborating with the Community Partner, to assist it fulfil its core mission, through the provision of pro bono legal services, volunteering and charitable contributions.
Agreement
1Purpose
The purpose of this MOU is to provide a framework of cooperation and facilitate collaboration between the Parties, on a non-exclusive basis, in areas of mutual interest.
2Areas of cooperation
(a)The Parties agree to collaborate in the area of [insert], in line with their common commitment to promoting and protecting the rights of [insert] and helping them access legal services.
(b)In particular, the Parties have identified the following primary areas of mutual interest for future collaboration:
(i)pro bono legal services;
(ii)volunteering;
(iii)charitable contributions; and
(iv)awareness raising.
3Terms of agreement
(a)Pro Bono Legal Services
(i)The Parties acknowledge that theFirmwill consider all requests for pro bono legal assistance from theCommunity Partner and provide a response to the request within 48 hours. Each referral will be assessed in accordance with theFirm’s expertise and capacity and with regard to legal and commercial conflicts. Referrals from theCommunity Partnerwill be prioritised by theFirm.
(ii)The Community Partnerrecognises that theFirm’s core areas of expertise are in the areas of [insert]. Additionally, some lawyers within theFirmhave expertise and experience in [insert pro bono specific experience].
(iii)TheFirmagrees that the range of pro bono legal services it can offer to theCommunity Partnerwill include (amongst others):
(A)advice, in particular, general commercial and contractual advice, as well as advice in respect of operating in the not-for-profit environment;
(B)case work (either as ‘volunteers’ of theCommunity Partner or on a direct referral basis to theFirm);
(C)legal clinics;
(D)legal research, particularly regarding key areas of focus around [insert];
(E)preparing/drafting parliamentary and other submissions;
(F)policy analysis;
(G)risk management;
(H)legal skills/literacy workshops;
(I)strategic litigation;
(J)advocacy and public engagement around rights based issues; and
(K)drafting/preparing reports.
(iv)The parties agree that in some circumstances, referrals from theCommunity Partner may require theFirm lawyers to act as ‘volunteers’ of the Community Partner as distinct from those ‘direct referrals’ which become the Firm matters. Should that be required, the parties agree to the following:
(A)The Firm volunteers will be acting as ‘volunteers’ in their work for and with the Community Partner. At no time will the Firm volunteers be providing assistance to the Community Partner, or its clients, in their capacity as an employee of thisfirm;
(B)Therefore, partners of the Firm will not be required to supervise the involvement of the Firm volunteers in such case work;
(C)The Community Partner will supervise and sign off on the work of these volunteers, and will therefore be on risk;
(D)The Firm volunteers will be inducted and trained by the Community Partner so that they are aware of the Community Partner’s precedents, standard requirements and processes. The Community Partner may also arrange for the The Firm volunteers to meet relevant the Community Partner staff;
(E)The Firm’s Pro Bono Coordinator will act as the central contact point for the Community Partner for all referrals. The Community Partner will contact the Firm’s Pro Bono Coordinator when case work assistance is required and the Firm’s Pro Bono Coordinator will then liaise with the Firm volunteers to see who is available at that particular time to help; and
(F)The Community Partner will nominate a person within the Community Partner for the Firm volunteers to report to and be supervised by.
(b)Volunteering and Charitable Contributions
(i)The Community Partner and the Firm may collaborate on a range of other volunteering and charitable contributions opportunities throughout the term of this MOU.
(ii)These activities may include (subject to the Community Partner’s, and the Firm’s, needs and capacities):
(A)skilled or unskilled volunteering;
(B)internal fundraising activities;
(C)workplace giving and corporate cash donations; and
(D)awareness raising/thought leadership events on topics/themes of mutual interest.
4The Community Partner’s obligations
TheCommunity Partnerwill:
(a)consider the Firm for relevant operational and organisational pro bono legal needs;
(b)consider engagement opportunities for the Firm staff through skilled and unskilled volunteering opportunities; and
(c)provide staff to be guest speakers at the Firm staff meetings, functions and events.
5The Firm’s obligations
The Firm will:
(a)consider all requests for pro bono legal services from the Community Partner and use its best endeavours to accept those referrals (subject to capacity, commercial and legal conflict);
(b)organise internal fundraising and thought leadership activities to support and promote the partnership and the work of the Community Partner;
(c)include the Community Partner in the firm’s Workplace Giving Program;
(d)consider making a corporate donation to the Community Partner at the end of the agreement; and
(e)actively promote the partnership through all communications channels including the firm’s website, intranet, internal and external publications and social media.
6Duration, term, modification
(a)The proposed cooperation under this MOU is non-exclusive and shall have a duration of 1 year, commencing on [date] and ending on [date], unless terminated earlier by either Party, for any reason whatsoever, upon 30 days’ notice in writing to the other Party.
(b)Upon termination of this MOU, each Party must return, or at the request of the other Party, destroy all records, documents, information and files in its possession which belong to the other Party; and each Party must not record or keep a copy of any confidential information of the other Party in any form.
(c)This MOU may be amended by mutual agreement of the Parties reflected in writing.
7Dispute resolution
The Parties shall use their best efforts, and act in good faith, to settle amicably any dispute, controversy or claim arising out of this MOU.
8Use of logos, brand, acknowledgements & media materials
(a)The Parties agree to recognise, promote and acknowledge this partnership, as appropriate. To this end, the Parties shall consult with each other concerning the manner and form of such recognition, promotion and/or acknowledgment.
(b)Neither Party shall use the name, logo, tagline or trademarks of the other party, its subsidiaries, and/or affiliates, or any abbreviation thereof, in connection with its business or operations, or otherwise, without the express prior written approval of the other Party in each case.
(c)All materials in relation to this partnership, including press releases, leaflets, website information and advertisements carrying either Party’s logo or information, will be approved by the other Party. Both Parties will reproduce the other Party’s logo and brand name consistent with their respective guidelines.
9Confidentiality
(a)The Parties acknowledge that throughout the course of the partnership either Party may obtain access to, or become aware of, confidential information which is of commercial value to the other Party and which is owned by and will at all times remain the property of the other Party.
(b)Each Party must:
(i)only use the confidential information for the purposes of delivering on, and to the extent necessary to deliver on, the partnership;
(ii)not modify, reverse engineer or make copies, notes or records of the confidential information for any purpose other than in connection with the partnership;
(iii)keep in the strictest of confidence all confidential information and not disclose to any person any confidential information without the consent in writing of the other Party;
(iv)not use, or modify any confidential information for its own use or benefit or the use or benefit of any third party; and
(v)promptly, at the request of the other Party at any time, disclose and deliver up to the requesting Party, all confidential information of the requesting party including copies in its possession, custody or control.
10General
(a)The terms of this MOU may be varied by agreement in writing between the Parties.
(b)All provisions of this MOU are legally binding and shall be construed and take effect in accordance with the laws in force in [insert jurisdiction].
(c)This MOU constitutes the entire agreement between the Parties as to its subject matter and supersedes all earlier agreements, arrangements or understandings about that subject matter or any part or aspect of that subject matter.
11Contact Persons
(a)Each Party must have at all times one nominated person who is the key contact person and the person accountable for the partnership.
(b)The Parties must notify each other immediately of any changes to their contact person.
The Community Partner
Name:
Title:
Telephone:
Email:
The Firm
Name:
Title:
Telephone:
email:
Signing Page
Signed as an agreement.
Signed on behalf of
The Community Partner[Insert ABN]
sign (signatory) / sign (witness) the witness states that he or she is not a party and was present when the signatory signed
full name (signatory) / full name (witness)
title (signatory) / address (witness)
Signed on behalf of
The Firm
sign (signatory) / sign (witness)
the witness states that he or she is not a party
and was present when the signatory signed
full name (signatory) / full name (witness)
title (signatory) / address (witness)