NYSBA | Attorney Rules of Professional Conduct

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THE NEW YORK
BAR FOUNDATION

Pro Bono Information for Attorneys

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 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.