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Pro Bono Goals
SCCBA Pro Bono Goals
The Santa Clara County Bar Association Board of
Trustees in 2005 passed a
resolution setting goals for pro bono
service for SCCBA members. The SCCBA encourages its members to adopt
these goals by signing the
individual lawyer
and/or law firm SCCBA Pro Bono Initiative
Pledge. You will be listed on the website under SCCBA Pro Bono
Initiative>>Lawyer Pro Bono Pledge or Law Firm Pro Bono Pledge as
well as in
the SCCBA Legal Directory on line and in hard copy.
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The goals are as follows:
• A lawyer should render at least 60 hours of pro bono public legal
services per year
• A lawyer should aspire to render at least 100 hours (40 hours
beyond the base 60 hour requirement) of pro bono public legal
services per year.
• A lawyer should voluntarily contribute financial support valued at
a minimum of one billable hour per year to local organizations that
provide direct legal services to persons of limited means.
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Recommendations for Achieving the Pro
Bono Goals:
• Lawyers should provide a substantial majority of the 60 hours as
direct legal services without fee or expectation of fee to persons
of limited means.
• Additional hours to meet the 60 hours or the aspirational goal of
40 hours to reach a 100 hours can be met through:
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legal services provided without fee or
expectation of fee to charitable, religious, civic,
community, governmental and educational organizations in
matters that are designed primarily to address the needs of
persons of limited means; |
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legal services provided for no fee or for
a substantially reduced fee to individuals, groups or
organizations seeking to secure or protect civil rights,
civil liberties or public rights, or charitable, religious,
civic, community, governmental and educational organizations
in matters in furtherance of their organizational purposes,
where the payment of standard legal fees would significantly
deplete the organization's economic resources or would be
otherwise inappropriate; |
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legal services provided at a
substantially reduced fee to persons of limited means;
activities for improving the law, the legal system or the
legal profession, such as court pro tem service or other
services to the courts that promote the administration of,
and access to, justice and board service for nonprofit
organizations that directly provide legal services to
persons of limited means.
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How The Goals Were Developed
In reviewing definitions of pro bono, the Task Force considered the
American Bar Association�s Model Rule 6.1; the policies adopted by
the Pro Bono Institute Law Firm Pro Bono Challenge; policies adopted
by several different states, including a recent policy statement
adopted by the New York State Bar Association and the Pro Bono
Resolution of the Board of Governors of the State Bar of California;
and policies adopted by several different county bars.
This rule is largely based on the ABA Model Rule 6.1 and the
comments to that rule. However, given the critical need for legal
services that exists among persons of limited means in Santa Clara
County and elsewhere, the Task Force felt that 60 hours, rather than
the 50 hours recommended in Rule 6.1 and the California State Bar�s
Pro Bono Resolution, is an appropriate goal. Every attorney has an
individual obligation to meet this hourly goal. This goal does not
represent a collective obligation of any particular group of
attorneys. The Task Force set the aspirational goal of 100 hours (40
hours beyond the base goal of 60 hours) based on the evidenced need
of indigent residents in Santa Clara County for pro bono legal
services.
The Task Force also felt it important to specifically encourage
lawyers to volunteer their time to (1) serve the courts promoting
the administration of, and access to, justice and (2) serve on
boards of nonprofit organizations directly providing legal services
to persons of limited means. The definition of pro bono services
encompasses those cases that may result in fees awarded
post-resolution so long as the case was originally taken �without
the expectation of fee,� as set forth in the definition.
Finally, the Task Force felt that an aspirational goal of
financially donating the value of one billable hour by each lawyer
to local legal services organizations serving indigent persons or
those of limited means would further aid in meeting the local demand
for pro bono legal services. Increased funding for local legal
service agencies allows the agencies to maintain and increase
full-time attorney staff. Experience shows that such attorney
staffing is an effective and desirable model for providing more
direct services to indigent individuals than by relying solely on
pro bono attorney assistance.
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