PRO BONO LEGAL SERVICES

Question 1

RULES

Answer 1

• R.6.1 VOLUNTARY PRO BONO PUBLICO SERVICE

- R.6.2 ACCEPTING APPOINTMENTS

Question 2

R.6.2 accepting appointments // PRO BONO LEGAL SERVICES

Answer 2

Shall not seek to avoid appointment except for good cause
(AKA general rule = MUST accept appointments from the judiciary, should not lightly decline judicial appointment)

HYPOS =
o Doesn’t believe in merits of case = not good cause
o Too busy to provide competent representation = good cause
o Client is unpopular = not good cause

Question 3

General rule for // ACCEPTING CLIENTS

Answer 3

lawyer may decline to represent any client

i.e., a lawyer is not a bus; he or she does not have to pick up all passengers

Question 4

3 exceptions to general rule for // ACCEPTING CLIENTS

Answer 4

lawyer shall not avoid court-appointed representation UNLESS

1. representation is likely to result in a violation of Rules or law (e.g., client intends to commit perjury)
2. representation is likely to result in unreasonable financial burden on lawyer (e.g., a new lawyer with limited resources being asked to undertake lengthy litigation for free)
3. client or case is repugnant to lawyer (e.g., requiring a Jewish lawyer to represent a Nazi)

Question 5

3 key examples of good cause // PRO BONO LEGAL SERVICES

Answer 5

1. representing the client is likely to result in violation of the Rules of Professional Conduct or other law
2. representing the client is likely to result in an unreasonable financial burden on the lawyer
3. the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer’s ability to represent the client

R.6.2 ACCEPTING APPOINTMENTS

Question 6

R.6.1 pro bono rule // PRO BONO LEGAL SERVICES

Answer 6

not mandatory, but urged at least 50 hours of pro bono services a year (strongly encouraged)

Question 7

R.6.1 pro bono definition // PRO BONO LEGAL SERVICES

Answer 7

= “for the public good”

Legal context = generally refers to work lawyers do without fee or for a reduced fee for litigants of limited means

Question 8

Satisfying pro bono requirement // PRO BONO LEGAL SERVICES

Answer 8

1. a substantial amount of these hours should be comprised of
   - free work for indigents, charities, etc.
   - substantially-reduced-fee work for low income clients
   - charities participation in legal reform activities
2. may also satisfy the pro bono requirement by making donations to legal aid organizations (in those years where the lawyer is too busy to provide 50 hours)