John Bliss and Steven A. Boutcher. “Rationalizing Pro Bono: Corporate Social Responsibility and the Reinvention of Legal Professionalism in Elite American Law Firms.” In Global Pro Bono: Causes, Context, and Contestation. Edited by Scott L. Cummings, Fabio de Sa e Silva, Louise G. Trubek, pp. 77-111, Cambridge, U.K.: Cambridge University Press, 2025. 

This chapter traces the historical evolution of pro bono publico in the United States and examines the shift from a professionalism-based rationale to a corporate social responsibility (CSR) framework among elite law firms. Traditionally, pro bono was grounded in the idea that lawyers bear a distinct professional obligation to ensure meaningful access to justice and uphold the integrity of the legal system. More recently, however, pro bono has increasingly been framed as part of broader CSR commitments, alongside diversity initiatives, philanthropy, and environmental responsibility.

Viewed through the lens of backsliding democracies, this shift carries significant implications. A professionalism-based understanding of pro bono positions attorneys as institutional guardians of liberal legality, especially vital when courts, civil liberties, and political accountability mechanisms come under strain. In contrast, a CSR-oriented rationale may expand pro bono activity but risks subordinating it to reputational, managerial, or market considerations. The chapter thus highlights how the conceptual foundation of pro bono practice shapes the capacity of attorneys to defend legal rights and democratic norms in periods of democratic erosion.