Pro Bono and the Public Lawyer, Government and Public Sector Lawyers Division, ABA

Pro Bono and the Public Lawyer

The organized bar encourages lawyers to provide free legal services to those in need. But for public lawyers, pro bono (or volunteer) legal work is sometimes problematic. Government lawyers may face conflict of interest restrictions, limitations on the use of office resources and statutory restrictions constraining their ability to perform pro bono work. However, because of the variety of volunteer opportunities that exist and the increased sensitivity about the restrictions faced by public lawyers, opportunities for government lawyer pro bono work are available. Below are two resources that should assist public lawyers pursuing pro bono work.

Passed: ABA Resolution Urging Government Lawyers to Serve Their Communities Through Pro Bono Activities

At the 2006 Annual Meeting, the ABA House of Delegates adopted Resolution 121A which, in part, urges government attorneys to serve their communities through pro bono and public service activities consistent with applicable rules of professional conduct. The resolution encourages government agencies to adopt written pro bono policies and procedures that include a definition of pro bono, sets forth case approval and conflicts checking procedures and addresses use of office resources. Other suggestions include designating a pro bono coordinator or committee, identifying and addressing any regulatory impediments to pro bono participation, and development of recognition programs. To read the entire resolution, please click here.

The ABA Standing Committee on Pro Bono and Public Service, a co-sponsor of the resolution, is working with the Government and Public Sector Lawyers Division, and others, to develop strategies to assist government agencies in implementing the various aspects of Resolution 121A. For more information on developing a pro bono program in a government agency, please contact Cheryl Zalenski, Assistant Staff Counsel at the ABA Center for Pro Bono, at (312) 988-5770 or zalenskc@staff.abanet.org.

How to Establish a Pro Bono Program for a Government Office

1. Decide on the type of pro bono activity that would suit your office. Office staff may participate in pro bono activities through:

An already-established bar association program
An in-house pro bono program
An independent outside pro bono activity that has been approved through an internal mechanism

An office may offer a combination of the above opportunities.

2. Develop a pro bono policy. Use models from other government law offices (see PDF files contained on this website). Be sure to include:

definition of what constitutes pro bono
procedures for case approvals and conflicts checks
the permissible use of office resources
use of compensatory or vacation leave
number of suggested hours
types of cases that can be handled
retainer agreements
evaluation procedures

3. Create a pro bono steering committee and coordinator. This person or persons is the liaison between the office and the outside or in-house program and will handle project administration and training.

4. Contact local bar association programs and other pro bono programs for partnership opportunities and case sources.

5. For in-house programs only: set up a referral process. Be sure to include:

screening for financial eligibility
a conflicts check
a standardized method for recording case assignments and case status

6. Ensure that volunteers are provided with the following support and training:

office space for conducting interviews
specialized manuals in the various substantive law areas
malpractice insurance
sample pleadings
paralegal, admin or law student assistance
funds to cover litigation costs
mentoring and co-counseling of volunteers where appropriate

7. Develop a review and evaluation procedure. Decide on the form of review; peer review teams, review by agency or organizational leaders, or independent outside evaluation? Data should be gathered to answer the following types of questions:

What is the nature or scope of the services being provided?
Has the project been successful in recruiting volunteer attorneys?
Is the program from which you are receiving referrals best suited to your office’s talents?
Do you receive cases that do not create conflicts?
What can you do differently to ensure that clients are receiving the best quality legal representation?

8. Publicize the project. You can use a variety of methods such as:

distributing the newly written pro bono policy to all attorneys
holding a kick-off meeting
developing a brochure for all attorneys employees and new hires
sending a e-brochure via email
developing and distributing a newsletter
placing notices in bar association and other relevant publications

9. Recruit volunteers by using both written information and personal contact. Consider the following methods:

holding a brown bag lunch-and-learn program
arranging a function where the head of the agency speaks to attorneys
providing specialized in-house training on one of the substantive areas
arranging for a “government attorney night” at a local clinic where conflict-free cases are handled
establishing an annual Law Day recruitment event
bringing representatives in from local pro bono programs to discuss their programs

10. Recognize your volunteers. It helps recruit others to participate and presents opportunities for attorneys to improve relations within the community. And don’t forget to invite the media. Some ideas for recognition include:

hosting a special reception, luncheon or dinner recognizing outstanding pro bono service
hosting an awards ceremony
publishing an “honor roll” of all attorneys who contribute a certain amount of hours
writing individual thank you letters at the end of the year
writing magazine or newsletter articles
giving vouchers for free CLE classes for those who served a certain number of hours
adding recognition of pro bono work into performance evaluations

11. For government lawyers who are prohibited from practicing law outside the office, offer alternative projects such as:

assistance with client interview/intake at outside pro bono program
helping with administrative tasks
legal education workshops to community groups
general community service projects such as tutoring, feeding the homeless, or stream clean-ups