Is pro bono service mandatory for lawyers admitted to practice in Ohio?

• It enables public recognition and celebration of the extensive amount of pro bono work performed every year by Ohio’s lawyers. Pro bono service is unpaid but not unvalued!
• It supports funding requests for civil legal needs for Ohio’s low income population, by documenting needs that are being met as well as gaps in necessary services.
• It highlights the important role pro bono lawyers play in addressing the civil legal needs of poor people. Pro bono lawyers are a vital part of the legal aid delivery system.
• Collection of data about the many hours of legal services donated by Ohio lawyers each year will help to improve the image of lawyers. It is the Ohio legal profession’s greatest untold story!

Where may a reporting form be found?

In January of each year, beginning with 2009, you will receive an email message from the Supreme Court of Ohio. The email message will contain a link to a website, where you may report your hours of pro bono service, and financial support of legal aid programs, for the previous calendar year. The survey website will not be part of the Supreme Court’s website, and to maintain the integrity of the data, the link will be designed so that it can be “clicked” on only once.

What counts as pro bono legal services?

According to the Statement Regarding the Provision of Pro Bono Legal Services by Ohio Lawyers, pro bono legal services are devoting “professional time and resources and…civic influence to ensure equal access to our system of justice for those who because of economic or social barriers cannot afford or secure legal counsel.” Pro bono legal services are providing legal assistance to persons of limited means who cannot afford such assistance; providing legal counsel to charitable organizations that may not be able to pay for such services; OR making a contribution to an organization that provides legal services to persons of limited means. Because the reporting system is voluntary and anonymous, each attorney who chooses to report is expected to etermine, in the exercise of professionalism, what properly constitutes “pro bono legal services.”

Do legal services to the poor have to be provided through an organized pro bono program to qualify?

No. Many attorneys provide substantial amounts of pro bono legal services by their own choice, independent of an organized legal aid program or other organized pro bono opportunity.

If a lawyer did not track the exact number of pro bono hours provided, are estimates OK?

Yes. Although exact record keeping is preferred, good faith estimates may be employed when an attorney chooses to report hours of pro bono legal services performed.

Do legal aid staff attorneys, public defenders, and prosecutors count their work time as pro bono, since they provide free legal service to poor people?

No. Although the services are free to the clients, the attorneys are paid for the work they perform. However, if such attorneys provide volunteer legal assistance to poor people outside the scope of their regular employment, it may be reported as pro bono legal services.

How may a lawyer find out about local pro bono opportunities?

A lawyer may contact their local legal aid organization or bar association to learn how to obtain a pro bono case or volunteer for a pro bono clinic or other pro bono opportunity; there is also an online, searchable directory of pro bono opportunities available at www.ohioprobono.org.

A client agreed to pay a fee and then failed to pay it. Is the case or matter then considered pro bono?

If a lawyer undertakes a representation intending to be paid, then the matter cannot be considered a pro bono case. However, if a lawyer undertakes a representation intending to be paid, and determines at some point to waive the fee based upon the client’s inability to pay it, then the amount of uncompensated time may be considered to be pro bono legal services.

May an attorney make a financial contribution to a legal aid program in lieu of providing pro bono legal services?

Yes. Financial contributions to other nonprofit organizations should not be reported.

Where may an attorney find out more about The Supreme Court of Ohio’s Statement Regarding the Provision of Pro Bono Legal Services by Ohio Lawyers?

Visit the website of the Supreme Court of Ohio: www.sconet.state.oh.us. Click on “Supreme Court of Ohio Publications and Reports. Under 2007, click on “Professionalism Ideals for Ohio Lawyers and Judges”. Also, visit the website of the Ohio Legal Assistance Foundation, www.olaf.org.

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