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STATE BY STATE PRO BONO SERVICE RULES

Policies - State Pro Bono Ethics Rules
ABA Model Rule 6.1 Table of State Ethics Rules Standards for Pro Bono Programs Emeritus Attorney Rules Pro Bono Reporting CLE Credit for Doing Pro Bono
State-By-State Pro Bono Service Rules

* See Appendix A, STATES WITH OTHER PRO BONO POLICIES, attached hereto.
† See Appendix B, DEVELOPMENT OF ABA MODEL RULE 6.1: HISTORICAL TIMELINE, attached hereto.

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State Compared to ABA Model Rule 6.1†
(Adopted 1983, Revised 1993, Revised 2002) 		Date Specific Annual Goal Financial Contri-
bution Quantified?		 Details or Comments Link to State Rule
Same as 1993 Revision Similar to 1993 Revision Same as 2002 Revision Similar to 2002 Revision Same as Original Similar to Original Different
AL     X         5/2/90 No No Rule 6.1 AL State Rule
AK X             7/15/93 Amended 4/03 50 hrs No Rule 6.1 AK State Rule
AZ   X           12/1/90 50 hrs No Rule 6.1
Allows for carryover of excessive hrs.		 AZ State Rule
AR     X         12/16/85
revised
5/1/05		 50 hrs No Rule 6.1 AR State Rule
CA             X*   50 hrs No Resolution CA State Rule
CO X             11/2/99, effective date 1/1/00 50 hrs No Rule 6.1. Judicial Advisory Counsel rejected mandatory service proposal in 3/99.
Comment added encouraging law firms to adopt a pro bono policy - (added comment – Nov. 23, 2005) 		CO State Rule
CT         X     6/23/86 No No Rule 6.1   
DE         X     9/12/85 No No Rule 6.1 DE State Rule
DC           X*   amended 8/1/06; effective 2/1/07 50 hrs $400 or 1% of income Rule 6.1. Addition of Comment 6 which parallels ABA Model Rule 6.1 comment 11. DC State Rule
FL   X           6/23/93 20 hrs $350 to legal aid organization alternative Rule 6.1. Excuses certain bar members and includes reporting requirement, allows for carryover of excess hours. Circuit pro bono committee system in place (see rule 4-6 5 - voluntary pro bono plan). FL State Rule
GA X             6/12/00, effective 1/1/01 50 hrs No Rule 6.1. Language added to ensure that mandatory pro bono reporting might only be adopted through court order. GA State Rule
HI   X           1/1/94 50 hrs (provide at least 25 hours of legal services to persons of limited means and to organizations in matters which primarily address the needs of persons of limited means)   Rule 6.1 HI State Rule
ID       X       9/3/86
Amended
7/1/2004		 50 hours No Rule 6.1. ID State Rule
IL               2/8/90     Preamble to Rules of Prof. Conduct states pro bono rule is inappropriate for disciplinary code. Separate mandatory reporting pro bono plan instituted via SC Rule 756. (passed 6/06) IL State Rule
IN         X     adopted
9/30/04;
effective
1/1/05		 No No Rule 6.1. Separate voluntary pro bono plan instituted via Rule 6.6 IN State Rule
IA     X         effective
7/1/05		 50 hours No Rule 32: 6.1 IA State Rule
KS         X     1/29/88 No No Rule 6.1 KS State Rule
KY   X           Adopted 1/1/90; Amended 10/1/94 50 hrs No but "financial support" encouraged. Supreme Court Rule 3.130 (6.1). Includes optional reporting and recognition awards; Comment identical. KY State Rule
LA   X           12/18/86;
Revised
1/20/04		 50 hrs No Rule 6.1. Omits Comments. LA State Rule
ME           X   2/1/84 No No Rule 3.10. Recognizes referrals from central agency. Omits Comment. ME State Rule
MD   X           effective
7/1/02		 50 hrs
For full-time
practicing
attorneys		 No Rule 6.1. Required reporting and State Committee and Action Plans also adopted. (Rules 16-901, 902 & 903). MD State Rule
MA   X           1/4/99 25 hrs $250 to 1% annual taxable professional income encouraged Rule 6.1. MA State Rule
MI         X     3/11/88 No No Rule 6.1. MI State Rule
MN     X         Adopted 6/17/05;
effective
10/1/05		 50 hrs No Rule 6.1. MN State Rule
MS   X           9/12/96;
Amended
3/21/05		 20 hrs $200 Rule 6.1. Includes mandatory reporting requirement. Allows for carryover of excessive hours. MS State Rule
MO         X     Adopted
9/28/93;
effective
7/1/95		 No No Rule 6.1. MO State Rule
MT       X       Effective
4/1/04		 50 hrs   Rule 6.1. Comments omitted. MT State Rule
NE       X       2/14/96
Revised
9/1/05		 No No Rule 6.1 NE State Rule
NV       X       Amended
4/7/06;
effective
5/1/06
 20 hrs @ no fee or 60 hrs @ reduced fee $500/yr to pro bono services org alternative Rule 191. Includes mandatory pro bono reporting. Defines what does not qualify as pro bono. Establishes PB Committees by District Court. NV State Rule
NH         X     1993 No No Rule 6.1 New rule proposed by Supreme Ct, unlike 6.1. 11/99 NH State Rule
NJ         X     Adopted
7/17/84;
caption and text
amended and
effective
1/1/04		 No No Rule 6.1. Minus Comment. In 1992, S. Ct. decided Madden v. Delran, requiring 25 hrs mandatory assignments in municipal court for quasi-crim., crim and traffic offenses. In 4/00, S. Ct. rejected Ad Hoc Committee's 11/98 recommendation to alter or eliminate policy. NJ State Rule
NM   X           1/1/97 50 hrs/yr $350 alternative Rule 16-601. States "may" do instead "should" do and for financial support, "alternatively" instead of "in addition." Includes original rather than revised Comment. NM State Rule
NY             X* 4/2/05 20 hrs No EC 2-25-The Professional Obligation to Render Public Interest and Pro Bono Legal Service NY State Rule
NC                     In preamble of The Revised Rules of Professional Conduct mentions that a lawyer should render public interest legal service.   
ND         X     Adopted
8/1/06		 No No Rule 6.1. Added comment four mirroring ABA Model Rule Comment 11, to emphasize that law firms should encourage lawyers to do pro bono work. ND State Rule
OH                     The Supreme Court of Ohio has deferred consideration of Model Rule 6.1 until further notice. OH State Rule
OK         X     Effective
7/1/88		 No No Rule 6.1. OK State Rule
OR             X* 3/10/88 80 hrs
(2 cases or 20-40 hrs in direct legal services to the poor)		 No Oregon State Bar Board of Governor's Policy 13.1 OR State Rule
PA         X     10/16/87 No No Rule 6.1. Added comment four mirroring ABA Model Rule Comment 11, to emphasize that law firms should encourage lawyers to do pro bono work. PA State Rule
RI         X     11/1/88 No No Rule 6.1. RI State Rule
SC         X     1/9/90 No No Rule 6.1. SC State Rule
SD           X   12/15/87 No No Rule 6.1. Nearly identical but recognizes "uncomp-
ensated service in public interest activities." 		SD State Rule
TN       X       Effective March 1, 2003     Similar to ABA Model Rule 6.1 except does not state an aspirational amount of 50 hours of pro bono work. Also, comments somewhat different. TN State Rule
TX             X* 9/22/00 50 hrs No State Bar Policy TX State Rule
UT X             Effective
11/1/05		 50 hrs $500 alternative Rule 6.1. Includes voluntary reporting. UT State Rule
VT   X           Adopted
3/6/02		 50 hrs No Rule 6.1 VT State Rule
VA   X*           1/25/99, effective 1/1/00 2% of professional time No, but contribution suggested as alternative. Rule 6.1 (similar to ABA 6.1 1993 Revision). See also Rules 6.2 and 6.3. VA State Rule
WA             X Amended
effective
9/1/03;
9/1/06		 30 hours No Rule 6.1. Includes voluntary reporting. Comments added to Rule 6.1 effective 9/1/05 WA State Rule
WV         X     1/1/89 No No Rule 6.1. WV State Rule
WI         X     6/10/87 No No Supreme Court Rule 20:6.1. WI State Rule
WY       X       Amended and
effective
4/11/06		 50 hours $500 alternative Rule 6.1. WY State Rule
Totals 4 11 4 6 15 3 5   28 8     
APPENDIX A

 STATES WITH OTHER PRO BONO POLICIES
State Form Date of Adoption Specific Annual Goal Financial Contribution Quantified Details
CA Resolution 12/9/89, Revised 6/02 50 hrs No  
DC Resolution of Judicial Conferences of D.C. (2) (1) D.C.: '97
(2) D.C. Circuit: '98		 50 hrs + 1 Ct appt. Yes - $400 or 1% of earned income Rule 6.1 refers to these Resolutions in its Comment 5
NY The New York Lawyer's Code of Professional Responsibility 4/2/05 20 hrs No, but urged to "contribute financially"  
OR Oregon State Bar Board of Governors' Policy 13.1 1988 80 hrs, of which 20-40 hrs of services to poor or 2 cases No, but "comparable financial contribution" suggested as alternative.  
TX State Bar Policy 9/22/00 50 hrs No  
VA Council of the Virginia State Bar Resolution 2/27/99 No No Bar agrees to: 1)provide periodic opps for attys to describe pb and other community svc work; 2)use info to inform public of work lawyers; 3)provide generic info and technical assistance upon request. Consistent with provisions in Rule 6.1
APPENDIX B

 DEVELOPMENT OF ABA MODEL RULE 6.1: HISTORICAL TIMELINE

 1969: the ABA adopted the Code of Professional Responsibility, which addresses for the first time the responsibility of the lawyer to engage in pro bono work, in Ethical Consideration 2-25. It states among other things: "Every lawyer, regardless of professional prominence or professional workload, should find time to participate in serving the disadvantaged."

1975: the ABA House of Delegates adopted a resolution which formally acknowledges "the basic responsibility of each lawyer engaged in the practice of law to provide public interest legal services" (the "Montreal Resolution"). It defined pro bono in part by specifying areas in which the services should be rendered, namely: poverty law, civil rights law, public rights law charitable organization representation and the administration of justice.

1983: the ABA adopted Model Rule 6.1, which states that a lawyer "should render public interest legal service." It specifies certain ways a lawyer can discharge the responsibility: "by service in activities for improving the law, the legal system or the legal profession, and by financial support for organizations that provide legal services to persons of limited means."

1988: the ABA adopted the "Toronto Resolution," which, among other things, resolves to "[R]ecognize and support the professional obligation of all attorneys to devote a reasonable amount of time, but in no event less than 50 hours per year to pro bono and other public service activities that serve those in need or improve the law, the legal system or the legal profession."

 1993: the ABA revised Model Rule 6.1 to include a quantified aspirational goal (i.e. at least 50 hours per year), a more refined definition of pro bono, and more specific ways to discharge the pro bono responsibility. The substantial majority of the 50-hour responsibility should be discharged through the provision of legal services to low-income people and groups that serve low-income people.

2002: the ABA revised Model Rule 6.1 to add a sentence at the beginning of the Rule to give greater prominence to the proposition that every lawyer has a professional responsibility to provide legal services to persons unable to pay. A new Comment [11] was also added that calls upon law firms to act reasonably to enable all lawyers in a firm to provide the pro bono legal services called for by this Rule.

Last Updated: 4/26/2007