As I reflect on why I wanted to go to law school, I think about all the essays I wrote for the applications. When asked to explain my “why,” I discussed wanting to work in International Law (not really knowing what that was) and assisting refugees seek asylum. Fast forward three years, and I was working as an associate at an insurance defense firm in the Midwest. While not the job I had envisioned for myself (though always very thankful for), I still had numerous opportunities to help those with legal needs.

Regardless of where you landed after law school and what practice area has become your niche, there are endless pro bono opportunities where you can help – which is likely why you became a lawyer in the first place. But, if you are feeling like offering free legal work is more of an obligation, let’s reframe what it means to provide pro bono legal services in this season of gratitude. 

What Does The ABA Say About Pro Bono?

ABA Model Rule 6.1 states that “[e]very lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year.” 

I hate to admit that I had no idea this rule existed. And, not only is it a rule, it prescribes a minimum amount of time a lawyer should aspire to devote to pro bono work. Further, the rule suggests that a substantial majority of the fifty hours should be offered to persons of limited means or to charitable, religious, and educational organizations that are designed to serve persons of limited means.

The Comment to Rule 6.1 goes on to explain that “[b]ecause the provision of pro bono services is a professional responsibility, it is the individual ethical commitment of each lawyer.” The Comment does acknowledge that there are times when it is simply not feasible for a lawyer to offer pro bono services. In that case, the lawyer can satisfy their pro bono responsibility by offering financial support to organizations that provide free legal services to those with limited means.

While it is our professional responsibility to provide pro bono legal services, the ABA does state that this duty is not intended to be enforced through the disciplinary process. Thus, in a sense, the ABA encourages lawyers to offer pro bono legal services as an opportunity to help.    

How Are Various States Addressing Pro Bono Work

States have adopted different approaches to addressing pro bono work. Only twenty-three states have pro bono reporting systems in place. Ten have mandatory reporting requirements, and thirteen states have voluntary pro bono reporting.

Florida, Hawaii, Illinois, Indiana, Maryland, Minnesota, Mississippi, Nevada, New Mexico, and New York have mandatory pro bono reporting. Florida was the first state to implement mandatory pro bono in 1993. Florida attorneys, as well as Mississippi, Nevada, and New Mexico attorneys, report their hours when they pay their annual membership dues. For those lawyers in Hawaii, Illinois, Indiana, Minnesota, and New York, attorneys report their pro bono hours during the annual (or biannual in New York) registration process. In Maryland, attorneys report their pro bono hours annually when confirming IOLTA compliance. 

While somewhat controversial in the sense that many lawyers may prefer not to disclose the number of pro bono hours they work (as with any charitable donation), there are some benefits to requiring reporting. The ABA suggests it can be a simple mechanism for increasing the delivery of legal services to the poor in our communities. Further, it promotes increased access to justice and the court system that someone may not have otherwise received. And, in addition to accurate data collection, it can encourage fulfillment of professional responsibility and enhance the image of lawyers. 

As noted above, more states have taken a less stringent approach by implementing voluntary pro bono reporting systems. In 1994, Arizona was the first state to ask its attorneys to voluntarily report their hours on their annual dues statement.  Washington, Virginia, Tennessee, Louisiana, Kentucky, Georgia, and Connecticut ask their attorneys to report pro bono hours during the annual licensing or dues renewal process. Montana reports a high response rate for its attorneys who report hours with their mandatory IOLTA report. North Carolina takes a different approach with reporting coordinated by the North Carolina Pro Bono Resource Center. In 2005, Texas began conducting random phone surveys of 500 lawyers about pro bono work. Pro bono hours can now also be reported through the State Bar of Texas website. In Ohio, its Supreme Court partners with the Ohio Legal Assistance Foundation to collect data, and Oregon encourages its attorneys to voluntarily report their pro bono time as part of the “Pro Bono Roll Call” on the state bar website.

According to the ABA, voluntary pro bono reporting is obviously less burdensome on attorneys because it is optional, but still enables recognition of contributing lawyers. It can also raise awareness about the professional responsibility to provide pro bono legal services. Of course, the downside is a lower response rate which results in insufficient data that may have been helpful to raise awareness about the need for more lawyers to offer their services pro bono. 

What Can You Do To Incorporate Pro Bono Work In Your Practice?

So, now that you know what your obligations (opportunities?) are regarding pro bono work, where do you start? After all, Rule 6.1 suggests law firms should act reasonably to enable and encourage all lawyers in the firm to provide the pro bono legal services called for by the Rule.

You might start with your local bar association. Most operate after-hours hotlines or pro bono referral services to match those with a legal need to your practice area. From there, see what resources are offered by your state bar association. As an Indiana-barred attorney, I was surprised (but encouraged!) to learn of the existence of the Indiana Pro Bono Academy and Resource Center, a self-proclaimed “one-stop shop” for Indiana attorneys, paralegals, and staff who provide – or who want to provide – pro bono or civil legal aid to low-income Hoosiers. And, of course, the ABA has a wealth of resources and pro bono opportunities available in its Center for Pro Bono.
From a firm management perspective, encourage your associates and fellow partners to seek out organizations where they can offer pro bono legal services. If you have a billable hour requirement, consider including a lawyer’s pro bono hours in that goal, so they can understand the value of doing pro bono work without feeling like they must “make up” the time later. 

Whether it has been just a few years since you submitted an essay with your law school application or many, many decades, our responsibility to serve the less fortunate in our communities is the same. As we reflect on the year that has nearly passed and the one ahead, let’s recommit to pro bono work – as both an opportunity and welcome obligation.