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Know Your Pro Bono! An Ethics CLE. Sponsored by the Volunteer Lawyers Program of Southern Arizona Legal Aid. State of Arizona.
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Know Your Pro Bono!An Ethics CLE Sponsored by the Volunteer Lawyers Program of Southern Arizona Legal Aid
State of Arizona Oath of Admission: “I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed” as well as a promise to “at all times faithfully and diligently adhere to the rules of professional responsibility and a lawyer’s creed of professionalism of the State Bar of Arizona.”
State of Arizona Both the Arizona Rules of Professional Conduct and the Lawyers’ Creed contain recommendations regarding the scope and nature of a lawyer’s pro bono service.
QUESTION #1: What is the Arizona Rules of Professional Conduct rule related to pro bono service? ANSWER #1: Arizona Rules of Professional Conduct, Rule 6.1 A Pro Bono Quiz!
A Pro Bono Quiz! “A lawyer should voluntarily render public interest legal service. A lawyer may discharge this responsibility by rendering __________________ hours of service per year.” • Arizona Rules of Professional Conduct, Rule 6.1 provides: a minimum of fifty
A Pro Bono Quiz! Name six ways a lawyer may meet ER 6.1’s 50- hour requirement, providing professional services at no fee or at a substantially reduced fee to:
A Pro Bono Quiz! (a) The poor or near poor; (b)Organizations whose principal interest is promoting the poor or near poor; (c) Organizations seeking to secure or protect civil rights, civil liberties or public rights; (d)Law-related education programs sponsored by the Arizona Foundation for Legal Services & Education; (e) Activities for improving the law, the legal system or the legal profession; (f)Charitable groups or organizations.
A Pro Bono Quiz! If a lawyer provides more than fifty hours of pro bono service in a year, do the extra hours carry over into the following year?
A Pro Bono Quiz! Yes, they do! See ER 6.1(b)
A Pro Bono Quiz! one lawyer in the practice to perform pro bono work to be attributed to all the lawyers? Can a law firm collectively satisfy their responsibility under ER 6.1 by designating
A Pro Bono Quiz! Yes, they can!
A Pro Bono Quiz! • The Lawyers Creed of Professionalism of the State Bar of Arizona provides: “I will be mindful that the law is a learned profession and that among its desirable goals are devotion to public service, improvement of administration of justice, and the contribution of . . .” “ . . . uncompensated time and civic influence on behalf of those persons who cannot afford adequate legal assistance.”
A Pro Bono Quiz! Is the 50-hour goal aspirational mandatory? OR
A Pro Bono Quiz! • Aspirational • No jurisdiction has a mandatory requirement, but seven states require reporting of pro bono hours.
How Are We Doing? • Nationally, 40% of low to moderate-income households experience a legal problem • Only 20% of that need is met by civil legal aid effort. • Nationally, 73% of attorneys perform pro bono service at an average of 41 hours per year. • Only 27% meet or exceed the 50 hour requirement.
How Are We Doing? • In Arizona, as of 1997, Arizona attorneys donated an average of 62 hours per attorney per year. • In 2010, approximately 75% of the 20,000 attorneys licensed to practice in AZ participated in pro bono programs.
How Are We Doing? • The Volunteer Lawyers Program of Southern Arizona Legal Aid reported in 2010 that 1,285 attorneys donated approximately 7,000 hours to assist approximately 4,000 clients. A more than $1.3 million dollar value!
How Are We Doing? 56% of attorneys in Pima County volunteer with the VLP Pima County attorneys totally rock!
Resources for Pro Bono Opportunity • State Bar of Arizona – Wills For Heroes • Arizona Foundation for Legal Services & Education – Law Related Education • Florence Immigration & Refugee Rights Project • Volunteer Lawyers Program • HIV/Aids Law Project
Road Blocks to Volunteering • My work schedule doesn’t permit volunteering. • Volunteer opportunities can be scheduled in the morning, afternoon or evening, or you can offer to help by phone. • I don’t have the time. • Volunteer at a VLP clinic – it’s only a 2 hour time commitment
Road Blocks to Volunteering • I’m not sure whether a person is eligible for pro bono assistance. • VLP pre-screens for both financial eligibility (clients must be living at or below the federal poverty guidelines) and for merit.
Road Blocks to Volunteering VLP offers training and mentoring, as well as pleadings, documents and staff assistance. • VLP provides primary malpractice coverage! • I’m not sure I have the right skill set. • My malpractice insurance won’t provide coverage.
The Benefits of Pro Bono Service • Honoring your Oath of Admission • Making a differencein the lives of others • Access to free CLEs through VLP • Increased client contact • Opportunities for court room experience • Variety of experience • Career development during challenging economic times • Opportunities for recognition from pro bono organizations, members of the judiciary, and others • Publicity about pro bono service helps improve the public’s image of the profession