How to Incorporate Pro Bono Services
The Bencher | May/June 2025
By Y. Jun Roh, Esquire
One of the most frequent calls attorneys will encounter is the request to take on pro bono work. This often comes with the expectation that lawyers, given their training and position, should serve the public, particularly underrepresented or underserved communities. Pro bono service can sometimes feel like an additional layer of responsibility on top of an already busy professional life. However, it is essential to pause and reflect on the true meaning of pro bono services, why lawyers should engage in them, and how to make these efforts truly impactful on society. This means understanding the importance of such services, finding ways to enjoy pro bono work, and appreciating the unexpected rewards such work can bring.
“Pro bono” originates from the Latin phrase “pro bono publico,” meaning “for the public good.” Pro bono services are generally aimed at supporting those who cannot afford legal services, as well as to causes considered in the public interest.
The American Bar Association (ABA) provides additional guidance in its Model Rules of Professional Conduct, specifically Rule 6.1. This rule underscores the professional responsibility of lawyers to provide legal services to those unable to pay, suggesting that attorneys should aim to complete at least 50 hours of pro bono work each year. Moreover, the ABA encourages lawyers to contribute financial support to organizations that provide legal services to individuals of limited means. By this, the ABA highlights that pro bono service is not merely an optional activity but a crucial part of a lawyer’s professional duties. The American Inns of Court Professional Creed, also emphasizes that engaging in pro bono services should be a mandate for its members and the broader legal community. As the creed states: “I will contribute time and resources to public service, charitable activities, and pro bono work.”
Associate Justice Sandra Day O’Connor of the Supreme Court of the United States noted that the legal profession is not just a business; it is a profession with an obligation to the public, whose interests lawyers must serve. Legal training equips us with unique skills to navigate the complex system of laws that govern our society, and this knowledge can make a profound difference in people’s lives. Whether we are drafting legislation, advocating for a client’s rights, or negotiating a settlement, the work we do often has a significant impact on individuals’ lives and societal norms.
When attorneys neglect their role in providing pro bono services, the public’s trust in the legal profession can erode. In many cases, the most vulnerable in society—those who cannot afford legal counsel—may be left without recourse, which can have dire consequences for justice and fairness.
How to Engage in Pro Bono Legal Services
There is no one-size-fits-all approach to starting or continuing pro bono work. However, there are several effective pathways that can help you engage in this important aspect of your legal career.
Start with the American Inns of Court
One excellent way to begin is by becoming involved with the American Inns of Court. The organization has a long history of promoting pro bono service and helping attorneys get involved with these efforts. Many local Inns have developed community outreach programs, in which attorneys can volunteer their legal services to those in need. These programs often come with structured mentorship opportunities, where more experienced attorneys can help guide newer attorneys in pro bono work.
The American Inns of Court offers a mentorship framework that helps new lawyers develop the skills necessary for handling pro bono cases, ensuring that both clients and attorneys are well-supported. By participating in an Inn, you can access both guidance and practical experience, which can provide invaluable insights as you begin your pro bono practice.
Join Your State Bar’s Pro Bono Referral Programs
Another important resource is your state bar association’s pro bono referral programs. These programs often offer comprehensive support for attorneys, including client intake, screening, professional liability coverage, and even fee letters. For example, a state bar develops a program in which attorneys offer free 30-minute consultations to low-income clients. If clients need further legal services, they would be expected to pay for those services beyond the initial free consultation. This arrangement helps bridge the gap between attorneys and low-income clients.
I have participated in the state bar-run pro bono services for over seven years. These programs have been highly beneficial because they provide not only client referrals but also conflict checks and insurance coverage. Once you establish a relationship with the state bar referral agents, you can develop another valuable source of client referrals. This gives attorneys peace of mind knowing that their time and efforts are protected, while still contributing to the broader community.
Partner with Local Legal Aid Organizations
Another effective way to get involved is by working with local legal aid organizations, such as legal aid or a local pro bono committee established by the judiciary. These groups often have well-established systems in place for vetting potential clients, ensuring that the individuals in need of assistance meet the necessary criteria. Legal aid organizations also provide important training and resources for attorneys, so you can be sure that your contributions are both efficient and meaningful. Sometimes, courts set up special days in which attorneys with specific expertise, such as in divorce or custody matters, assist pro se litigants under the supervision of the court. These events might include pre-mediation sessions or one-off representation for pro bono purposes. Participating in such events offers an opportunity to network with local experienced attorneys and judges, which can be important when starting your practice in a local jurisdiction.
Direct Representation for Pro Bono Clients
Once you gain experience with some of the larger programs, you might consider taking on clients directly on a pro bono basis. In my experience, I found it helpful to categorize clients into three groups:
The Most Urgent. These individuals require urgent legal assistance, such as someone facing immediate deportation or at risk of losing their home or business to foreclosure. They often have no other recourse, and legal intervention could significantly alter their lives. Of course, you need to assess whether you can competently represent such clients, given time and resource constraints.
Moderate. These individuals may not require immediate representation but still face significant legal challenges. The key here is understanding the limits of your involvement. Under ABA Model Rule 1.2(c), lawyers are allowed to provide “limited representation” in certain cases, and many state bars have adopted rules to make this process clear and manageable. Limited representation might involve providing support for specific legal proceedings, such as defending against a motion to dismiss or representing a client in mediation. The use of clear client engagement letters and informed consent from the clients outlining the scope of your involvement is crucial. This surgical approach can assist these individuals with limited resources, while also allowing your budget for time and resources to be effectively allocated.
The Less Urgent. These individuals may not need legal services urgently but could benefit from legal assistance. In these cases, you should weigh the financial implications of involvement. Setting clear expectations with the client is key. You may choose to accept such individuals with the understanding that payment may be deferred, perhaps through a monthly payment plan. If a client fails to fulfill the payment plan, it can still be counted as pro bono time under ABA Model Rule 6.1, which allows attorneys to count some of the unpaid fees as part of their pro bono hours.
The Rewards of Pro Bono Service
Participating in pro bono service is often the most rewarding aspect of a legal career. It provides a unique opportunity to have a direct positive impact on the lives of those who may otherwise have been denied access to justice. The satisfaction of helping someone keep their home or business, secure custody of their children, or obtain asylum from persecution can make all the time and effort you put into pro bono work feel incredibly worthwhile.
As I reflect on my own experiences with pro bono clients, I recall the immense gratitude shown by clients whose lives were significantly changed because of legal assistance. When they look at you as their savior, it reinforces the reason many of us became lawyers in the first place. While not every client will express the appreciation you might expect, the knowledge that you have made a tangible difference in someone’s life—whether by shielding their loved ones from abuse or assisting them in securing legal status—reminds you why you chose this profession.
As one of the legal profession’s core values, pro bono work is not only a moral obligation but a privilege. It enriches both the attorney and the broader community, fostering a sense of purpose that extends beyond the confines of the traditional legal practice.
Y. Jun Roh, Esquire, is a partner at RIMÔN PC, Albuquerque, New Mexico, and Seoul, Korea, and a member of the Oliver Seth American Inn of Court in Santa Fe, New Mexico.