Services qualifying for the ProBono characterization must be legal in nature, since the course is designed to recognize the special needs of the community for legal services and the unique ability of law students and lawyers to provide those services. It must also be done on a “pro bono” basis. The College of Law has accepted the ABA Model Rule of Professional Responsibility 6.1 list of four categories of work that qualify as “pro bono”; however, the College encourages students to provide services in the first two categories, where the need is greatest. The ABA Rules encourage lawyers to provide uncompensated services (or services at substantially reduced fees) to:
1. persons of limited means, or
2. charitable, religious, civic, community, governmental and educational organizations in matters which are designed primarily to address the needs of persons of limited means.
Lawyers may also satisfy their pro bono obligation by:
3. deliver[ing] . . . legal services . . . 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; or
4. participating in activities for improving the law, the legal system or the legal profession.
In summary, to qualify for the pro bono notation, work must satisfy all three of the following:
(A) It must be “legal” work, drawing in some way upon the student’s legal skills or knowledge under the supervision of an attorney or the supervising faculty member;
(B) It must fall within the definition of legal services encouraged by ABA Model Rule or Professional Responsibility 6.1; and
(C) The work must be done for less than minimum wage.
Reports of pro bono work, like law school exams, are subject to the honor code. False statements on pro bono reporting forms will be subject to discipline under the College of Law’s Discipline Code.
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