Rule 6.1 Pro Bono Publico Service
A lawyer should render public interest legal service. A lawyer may discharge
this responsibility by providing professional services at no fee or a reduced
fee to persons of limited means or to public service or charitable groups or
organizations, by service in activities for improving the law, the legal system
or the legal profession, and by financial support for organizations that
provide legal services to persons of limited means.
PENNSYLVANIA RULES OF PROFESSIONAL CONDUCT
P.O. Box 1025 • 115 State Street
Harrisburg, PA 17108-1025
Phone 888-PAIOLTA (724-6582) • Fax 717-238-2003
www.paiolta.org
What
is the Supreme Court of Pennsylvania's pro bono initiative?
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The provision of free legal services to those unable to pay reasonable fees is an obligation of each lawyer as well as the legal profession generally. The Supreme Court of Pennsylvania wants to assure that all Pennsylvania lawyers are given the opportunity to volunteer their time and talent for the civil legal representation of low income persons in their communities. Such an organized effort needs county-based administrative support and co-ordination, which, of course, requires financial support.
Through its annual attorney fee assessment process, the Court is requesting that lawyers voluntarily contribute $50, or as much as they can, for the establishment of a dedicated pool of funds that will be made available primarily to local counties to establish or expand their pro bono efforts.
What "pro bono" activities are envisioned in this
initiative?
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Pro bono, as envisioned by this initiative, has the specific and exclusive meaning of legal assistance provided to indigent clients without the expectation of any fee for any service rendered by the attorney. Other pro bono activities of attorneys such as serving on the board of directors of a charitable organization, or involvement in activities that seek to improve the legal system or the legal profession, are not part of this initiative.
I am active at church and with civic organizations.
Isn't that enough?
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Community service of any type is laudable. However, lawyers have unique skills that allow them to respond to the unique problem of access to justice. Lawyers are licensed by the Supreme Court of PA and are the only people who can respond to the legal needs of the poor. It is because no other group is permitted to provide legal services that lawyers have the professional obligation to provide legal services that assist those who would otherwise be unable to hire a lawyer to gain justice.
Why is the pro bono
initiative needed?
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The defining principle of our legal system is the promise of equal justice under law for all. Yet, despite this promise, there is a crisis of unmet civil legal needs among the poor in Pennsylvania and throughout the nation. Comprehensive legal needs studies have concluded that four out of five low income persons with legal needs have no access to lawyers. In 1990, the Pennsylvania Bar Association's Task Force on Legal Services to the Needy completed its own comprehensive study during which it held public hearings in ten cities across the Commonwealth, conducted phone surveys of the poor, and engaged in extensive interviews with lawyers and judges knowledgeable about the legal needs of the poor. The report concluded that "there is a severe and growing unmet need for legal representation for the poor and the near-poor in Pennsylvania. The consequences - to the poor and to society as a whole - of failing to meet this need are enormous."
In the almost ten years since that report was issued, this problem has only worsened. In 1996, federally-funded legal services programs experienced their largest single year reduction in funding since the program's inception. Today, federal funding for legal services to the poor remains 25% lower in actual dollars than it was in the early 1990's. As a result, low-income individuals and families routinely face the grievous loss of their most important rights and possessions without the benefit of any legal help. Lawyers have a professional obligation to help out in this crisis, and the Court's pro bono initiative will help mobilize the effort.
Lots of pro bono takes place in my community. Why is organized
pro bono so important?
There is no doubt that pro bono takes place informally throughout the Commonwealth. However, a recent survey by the Pennsylvania Bar Association estimates that only 13.5% of Pennsylvania attorneys accept a pro bono case referral. This rate of participation is 20% lower than the national pro bono participation rate reported by the American Bar Association, and twenty-four Pennsylvania counties have no organized pro bono effort at all. Organized programs generally operate more effectively and efficiently for both the participating lawyers and the clients who have important legal needs.
How will the pro bono initiative funds be
used?
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The dedicated pool of pro bono contributions will be used to help establish and/or expand county-based pro bono programs and organizations that support those efforts. To that end, grants will be awarded primarily to local county non-profit organizations that do, or will provide, the administrative and support structure for the local pro bono effort. As a general rule, pro bono initiative grants will be used to supplement existing funding sources and not substitute for such funding.
What process will be used to identify county pro bono programs for
possible funding?
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The PA IOTLA Board will announce the availability of pro bono initiative funds by contacting president judges throughout Pennsylvania and local bar association presidents by sending them a grant application with detailed instructions concerning the grant application process. Grant applications must be submitted by a committee appointed by the local bar association, which shall include the president judge of the county, or his or her representative, and representatives of the local or regional legal services program and any existing pro bono programs meeting the qualifications established by IOLTA grant specifications. Bar associations working in partnership may submit a joint application to support a pro bono effort that serves multiple counties. The PA IOLTA Board may adjust this process if insufficient funds are raised to conduct a statewide effort.
How will county pro bono programs be selected for funding?
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Grants will be awarded based upon the merits of each application, and not according to a rigid geographical formula, although due consideration will be given to balancing the needs of less populated counties with counties that a have a substantial number of attorneys who make contributions. It is anticipated that the criteria for funding will be tightened or loosened depending upon the amount of funds raised overall for the pro bono initiative. For example, a local matching financial threshold may be a requirement of funding, and/or funds may be targeted to counties where there is a demonstrated strong local commitment to establish or expand pro bono efforts. The PA IOLTA Board will evaluate the grant applications and develop grant recommendations for submission to the Supreme Court of Pennsylvania. The Supreme Court will approve all grants.
Who
is the PA IOLTA Board and what does it do?
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The PA IOLTA Board is an organization established by and under the jurisdiction of the Supreme Court of Pennsylvania. It was established to administer the Interest on Lawyers Trust Account (IOLTA) Program.
The IOLTA program generates its funding from interest earned on IOLTA escrow accounts established by attorneys for short-term, or nominal funds held by them on behalf of their clients or others. Attorneys place such funds in IOLTA accounts only if they cannot be practically invested for the client/owners' benefit.
The PA IOLTA Board uses the IOLTA funds for grants to non-profit legal services organizations and law school clinical programs that provide for civil legal assistance for the poor, and administration of justice projects.
How is the PA IOLTA Board governed?
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The PA IOLTA Board is governed by a nine member Board of Directors. All of the members are appointed by the Supreme Court. Nominations for two of the members are solicited from the PA Bar Association. Each member is appointed for a three year term, and the Chairperson is appointed by the Supreme Court.
How can I obtain more information about the PA IOLTA Board?
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The PA IOLTA Board is a 501(c)(3) federally tax exempt organization registered with the PA Department of State, Bureau of Charitable Organizations. Official registration and financial information may be obtained from the PA Department of State by calling toll free within Pa., 1-800-732-0999. Registration does not imply endorsement. Additional information may be obtained over the internet by visiting www.paiolta.org.
How can I volunteer my pro bono services?
You should check with your local bar association or legal services provider organization(s) to volunteer your assistance. The names of contacts at those entities can be obtained by logging on to www.paiolta.org.