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Firms 'stay out of' lawyer donations
With election day quickly approaching, many Buffalo-area law firms balance a hands-off approach to lawyers' political involvement with contributions of their own.
"I think it's a basic American right," said Paul Hassett of his law firm's policies.
Brown & Kelly, a firm of 25 attorneys, has no strict policy governing the political involvement of its members. Hassett, a managing partner, explained that lawyers at the firm are free to involve themselves in any aspect of political life, from contributions to volunteering.
Peter Marlette, the managing partner of Damon & Morey LLP, said that his firm's lawyers are encouraged to be politically active. "We have several attorneys who are Republicans, several who are Democrats, and they tend to support their candidates," he said. But, Marlette said, "as a firm, we tend to stay out of it."
Brian Crosby of Gibson McAskill & Crosby LLP agrees. "We leave that to the discretion of the individual attorney," he said. He added that the firm rarely makes contributions in its own name. Indeed, according to the New York State Board of Elections, Gibson McAskill & Crosby LLP has only contributed $75 in 2008.
On the other hand, Hodgson Russ LLP becomes involved in political support and contributions if it finds a worthy candidate. "Our support will be a result of a relationship with (the candidate). We want the candidate to know we are behind him or her," said Gary Schober.
Or if the firm believes that the best interests of the community are represented by a particular candidate, he said that as a good corporate citizen, it will contribute. These contributions, said Schober, come from the firm's revenue and are "just another expense of the partnership."
During the first eight months of 2008, Hodgson Russ LLP made $27,326 in contributions in its name, according to the New York State Board of Elections. Many of these gifts were made to various Democratic Committees. However, Schober said that the majority of political contributions within the firm are on an individual level.
"Every partner believes his or her views are correct on all issues. They support their own candidate," he said.
The only limits Hodgson Russ places upon an attorney's political involvement and contributions are those imposed by the state and federal governments. Still, Schober said, lawyers should have more sensitivity in their involvement than other citizens, especially when it comes to donations to judicial candidates. "We often appear before those judges," he said.
Based on data collected by the New York State Board of Elections, the 20 largest law firms in the Buffalo area donated a collective $59,842 to local and state elections between Jan. 1, 2008 and Aug. 1, 2008. Contributions ranged from Hodgson Russ' nearly $20,000 to amounts in the hundreds or nothing at all. For the 20 firms, the average contribution was $2,992.
Samuel Shapiro explained that if Kavinoky Cook LLP were to make a contribution, the partners would first vote and agree on a candidate to support. "It's very rare," he said, "that the firm would make a contribution."
Shapiro said he was unaware of a $1,000 contribution made by his firm to a gubernatorial candidate. He said it was possible that the decision to contribute had been made while he was out of town. "We're really informal around here," he said.
For some firms, such as Damon & Morey, the contributions are focused on judicial campaigns, such as for state Supreme Court justice or Erie County Family Court judge. For others like Hodgson Russ, contributions include many to state Senate and Assembly campaigns.
Brown & Kelly's Hassett said that his firm has recently contributed only to judicial campaigns.
As far as involvement beyond the checkbook level, many firms, including Damon & Morey, take a similarly hands-off approach.
"I can't think of a time when we told someone not to be involved or when we told someone to be involved," he said, adding, "we certainly like to be aware" of firm lawyers' donations and involvement. Marlette said that members of the firm hold positions in both Joe Mesi's state Senate campaign and supporting Chris Lee's congressional run.
Crosby, of Gibson McAskill & Crosby, holds a similar view. While he would expect a lawyer to notify the firm of extensive political efforts, he has not yet encountered a situation where the firm objected to an attorney's involvement.
As far as balancing time between law practice and political activities, Hassett explained that this was a compensation issue that would be worked out on an individual basis. "We have no hard-and-fast policy," he said.
The absence of an overriding policy among Buffalo's largest firms confirms Gary Schober's explanation.
"Attorneys are the same as citizens in general in when and how they can contribute," he said.
Kelsey Swanekamp is a freelance writer from East Amherst.


