|
RULE 6.1:
VOLUNTARY PRO BONO
SERVICE
Lawyers are strongly encouraged
to provide pro bono legal services to benefit poor persons.
(a) Every lawyer should
aspire to:
(1)
provide at least 20 hours of pro bono legal services each year to poor
persons; and
(2)
contribute financially to organizations that provide legal services to
poor persons.
(b) Pro bono legal
services that meet this goal are:
(1)
professional services rendered in civil matters, and in those criminal
matters for which the
government is not obliged to provide
funds for legal representation, to persons who are
financially unable to
compensate counsel;
(2) activities related to improving the administration of
justice by simplifying the legal
process for, or increasing the availability and quality of
legal services to, poor persons;
and
(3)
professional services to charitable, religious, civic, and educational
organizations in
matters designed
predominantly to address the needs of poor
persons.
(c) Appropriate
organizations for financial contributions are:
(1)
organizations primarily engaged in the provision of legal services to
the poor; and
(2)
organizations substantially engaged in the provision of legal services
to the poor,
provided that the donated
funds are to be used for the provision of such
legal services.
(d) This rule is not intended to be enforced through
the disciplinary process, and the failure to
fulfill the aspirational goals contained herein should be
without legal consequence.
RULE 6.5:
PARTICIPATION IN LIMITED PRO BONO LEGAL SERVICE
PROGRAMS
(a) A lawyer who, under the auspices of a
program sponsored by a court, government agency,
bar association of not -for-profit legal
services organization, provides short- term limited
legal services to a client without expectation by either the
lawyer or the client that the lawyer
will provide continuing representation in the
matter;
(1)
shall comply with Rules 1.7, 1.8, and 1.9 concerning restrictions on
representations where
there are or may be
conflicts of interest as that term is defined in these Rules, only if
the
lawyer has actual knowledge
at the time of lawyer has actual knowledge at the time of
commencement
of representation that the representation of the client involves a
conflict
of
interest; and
(2)
shall comply with Rule 1.10 only if the lawyer has actual knowledge at
the time of
commencement of representation that another lawyer associated
with the lawyer in a law
firm is affected by Rules 1.7, 1.8, and
1.9.
(b) Except as provided in paragraph (a) (2), Rule 1.7 and Rule 1.9
are inapplicable to a
representation governed by this Rule.
(c) Short-term limited legal services are services providing legal
advice or representation free
of charge as part of a program described in paragraph (a) with
no expectation that the
assistance will continue beyond what is necessary to complete
an initial consultation,
representation or court appearance.
(d) The lawyer providing short-term limited legal services must
secure the client's informed
consent to the limited scope of the representation, and such
representation, shall be subject
to the
provisions of Rule 1.6.
(e)
This Rule shall not apply where the court before which the matter is
pending determines that
a conflict of interest exists or, if during the course of
the representation, the lawyer providing
the services becomes aware of the existence of a conflict of
interest precluding continued
representation.
|