Lawyers & the Legal System; Judicial Ethics

Rule 6.1 states every lawyer has a professional responsibility to provide legal services to those unable to pay, and should aspire to render at least 50 hours of pro bono publico legal services per year. It is aspirational, not mandatory, so a failure to meet it is not a basis for discipline.

A substantial majority of the 50 hours should be devoted to providing legal services without fee or expectation of fee to persons of limited means, or to charitable, religious, civic, community, governmental, and educational organizations in matters designed primarily to address the needs of persons of limited means.

Rule 6.1(b) recognizes additional services: delivering legal services at no or reduced fee to individuals, groups, or organizations seeking to secure civil rights or charitable purposes; participating in activities for improving the law, legal system, or profession; and financial support to organizations providing legal services to persons of limited means.

Yes. Pro bono representation establishes a full client-lawyer relationship, so all of the Model Rules — competence (1.1), diligence (1.3), confidentiality (1.6), and conflicts (1.7) — apply just as they would in a paid matter. The absence of a fee does not lower the standard of care.

A lawyer shall not seek to avoid appointment except for good cause, such as: (a) representing the client would violate the Rules or law; (b) representing the client would impose an unreasonable financial burden; or (c) the client or cause is so repugnant to the lawyer as to be likely to impair the relationship or the lawyer's ability to represent.

Mere unpopularity is not enough. The repugnance must be so extreme that it is likely to impair the client-lawyer relationship or the lawyer's ability to represent the client. The rule expects lawyers to accept a fair share of unpopular matters because all persons are entitled to representation.