Also known as: pro-bono · probono · pro bono publico
Written by attorneys · grounded in primary & secondary sources — see below
Uncompensated legal services performed for the public good, particularly representation of persons of limited means without expectation of fee. A lawyer may provide modest gifts for basic living expenses when representing an indigent client on a pro bono basis through a nonprofit or law school program, subject to limits that prohibit pre-retention promises or reimbursement requests.
Paige Porter, a lawyer at a nonprofit legal services organization, represents Penelope Price, an indigent client facing eviction after losing wages in a wage dispute. After the complaint is filed, Paige offers to pay overdue rent and buy groceries so Penelope can attend depositions. The amounts are modest, the offer arises only after retention, and Paige seeks no reimbursement from Penelope or her family.
Piper Patel, an out-of-state lawyer, applies for admission to the State A bar but is denied because she does not reside in State A. She sues, arguing the residency rule violates the Privileges and Immunities Clause. The state defends on grounds that nonresidents might not perform pro bono work, but the court rejects that speculation as insufficient justification.
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Portia Price, a solo practitioner, tracks her billable matters and sets aside time each month to handle cases for clients who cannot pay. By year end she completes fifty hours of representation for persons of limited means without charging a fee. She also donates funds to a legal aid organization that serves the same population.
Patricia Patel, appointed pro bono counsel, represents a death-row inmate in a competency proceeding. She gathers expert evidence on the client's mental condition and presents it at the hearing. The court relies on her submissions to determine whether the inmate understands the proceedings.
Phoebe Park, working pro bono, represents a father facing jail time for nonpayment of child support. She argues that the state must provide appointed counsel because incarceration is at stake. The court considers whether the absence of counsel violates due process in the civil contempt hearing.
No. Rule 6.1 states that every lawyer has a professional responsibility to provide legal services to those unable to pay and should aspire to render at least fifty hours per year. The rule is aspirational rather than mandatory.
A lawyer representing an indigent client pro bono through a nonprofit legal services organization or law school program may provide modest gifts for food, rent, transportation, medicine, and other basic living expenses. The lawyer may not promise the gifts before retention, use them as an inducement to continue the relationship, or seek reimbursement from the client or anyone affiliated with the client.
No. A state may not exclude nonresident lawyers from bar admission on the speculative assumption that they will not keep abreast of local rules, behave honestly, be available, or perform pro bono work. Such assumptions lack substantial justification under the Privileges and Immunities Clause.
Yes. A judge may encourage lawyers to provide pro bono publico legal services.
…hearing, petitioner’s counsel might have managed to procure the assistance of experts, as he had been able to do on a pro bono basis the day before petitioner’s previously scheduled execution. It was, in any event, reasonable for counsel to refrain from procuring and submitting expert psychiatric evidence while…