Katherine Mendez Published in Employment Law360
"Placing Deferred Associates in Public Interest Groups"

Katherine Mendez's article, "Placing Deferred Associates in Public Interest Groups," was published in the September 4, 2009 issue of Employment Law360. In their article, the authors discuss the increase in associate deferrals at law firms that are trying to weather the current economic climate. According to the article, many firms have required or strongly encouraged associates to work in public interest organizations, with the hope that they will continue a relationship with the associate when business stabilizes. The authors note that this program enhances the "the law firm's ability to align staffing with client demand…. The attorney gets trained and may be retained by the law firm. And the public interest organization gets the temporary benefit of well-credentialed attorneys who are ready to expand its services."

 Kate also note that there are still some risks to this approach that should be understood and accounted for at the onset of the deferral. The article explores the most common models law firms and public interest agencies have used and analyzes the practical and legal implications of those models, with a particular focus on Illinois law. The authors conclude, "Encouraging associates deferred from law firms to work at public interest organizations presents a wide array of substantial benefits, but it also may pose a few concerns. In particular, the common assuption that a deferred attorney working at a public interest organization is a 'volunteer' and not an 'employee' needs to be critically analyzed on a case-by-case basis. Public interest agencies, law firms and deferred attorneys alike would be well served by clearly defining the relationships between the three in writing as early as practicable."