Also known as: pro bono · pro bono publico
Written by attorneys · grounded in primary & secondary sources — see below
Legal services rendered without fee or expectation of fee to persons of limited means. The services fulfill a professional responsibility that every lawyer holds to assist those unable to pay, with an aspiration of at least fifty hours per year.
Perry Pratt, an attorney at a nonprofit legal services organization, represented an indigent client in pending litigation. After the client faced eviction and lacked funds for food, Pratt paid the overdue rent and provided a modest sum for groceries. The payments occurred after retention, involved no promise of reimbursement, and enabled the client to remain available for the case.
Phuong Pham, a licensed attorney residing in a neighboring state, applied for admission to practice in State A. State officials sought to deny the application on the ground that nonresidents would not perform pro bono work. The court rejected that speculation and permitted admission under the Privileges and Immunities Clause.
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Pedro Pacheco, a solo practitioner, tracked his billable and nonbillable hours over the course of a year. He devoted more than fifty hours to cases for clients of limited means without charging any fee. The work satisfied his professional responsibility to serve those unable to pay.
A lawyer representing an indigent client pro bono through a nonprofit legal services organization may provide modest gifts for food, rent, transportation, medicine, and other basic living expenses. The gifts must be offered only after retention, must not be used as an inducement to continue the relationship, and must involve no request for reimbursement from the client or any affiliated person.
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The rule 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 of pro bono publico legal services per year. The obligation is aspirational rather than enforceable as a disciplinary requirement.
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A state may not exclude nonresident lawyers from bar admission on the speculative ground that they will not perform pro bono work. Such a residency requirement violates the Privileges and Immunities Clause absent substantial justification.
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