New Pro Bono Rules Effective July 1 
Wealth of Volunteer Opportunities Await Maryland Lawyers 
By Janet Stidman Eveleth
(reproduced with permission of Maryland State Bar Association)

On July 1, 2002, revisions to Rule 6.1 of the Maryland Rules of Professional Conduct, and new Rules 16-901 and 16-903, approved by the Court of Appeals of Maryland last February, will take effect. These Rule changes slightly modify voluntary attorney pro bono publico service in the state. Essentially, Maryland attorneys will now be "encouraged" to render 50 "aspirational" hours of pro bono publico service every year, with the majority going to help the poor, or organizations that help the poor, with civil legal matters. In addition, attorneys will be required to submit a pro bono report annually to maintain Bar certification. 

With the enactment of these modified pro bono rules, many Maryland attorneys are now looking for opportunities to perform pro bono service and fulfill the Court of Appeals' ruling that they "aspire" to 50 hours every year. 

Today, a host of diverse legal options await attorneys seeking voluntary pro bono service. Attorneys may now take advantage of a virtual smorgasbord of pro bono opportunities geared to short-term and long-term service, and many parallel an attorney's particular area of practice. A successful pro bono match is one that is rewarding to the attorney and beneficial to the community. 

Traditionally, pro bono service has involved direct representation where attorneys accept  individual cases to assist the poor with legal problems on an individual basis. Most of these cases are channeled through the Maryland Legal Services Corporation's (MLSC) network of legal service organizations. Now, in addition to individual cases, attorneys can perform pro bono service by providing legal assistance at clinics, visiting shelters, manning legal service hotlines, serving as mentors, training volunteer lawyers and actively pursuing systemic change to improve Maryland's legal services delivery system. 

Most direct representation pro bono cases continue to flow through MLSC's umbrella, which includes pro bono programs supported by local bar associations across the state. These cases run the gamut from domestic violence, family, housing, bankruptcy, employment, tax, guardianship and immigration to education, trusts and estates, contracts, health care, real estate and tort defense. Most of the need, however, falls in the family/domestic law area, with bankruptcy and consumer debt running a close second. Interestingly, only a small percentage of direct representation cases result in court litigation. 

Today, the scope of pro bono service encompasses an array of alternatives to individual case representation. While direct representation of income-eligible clients remains the most popular mode of pro bono service, many attorneys are pursuing less traditional pro bono genres. Some attorneys target the special needs of a particular clientele, like the homeless or disabled, while others offer their pro bono services for a particular jurisdiction. Many select pro bono service complementing their legal expertise and area of practice. 

Pro bono attorneys now visit community centers and legal clinics to give legal advice to needy clients or, through programs like the Homeless Persons Representation Project (HPRP), visit soup kitchens and homeless shelters to help indigent people. Others choose to respond to callers in need of legal help through legal hotlines. Some pro bono attorneys volunteer at their local bar association legal clinic and some serve as pro bono mentors and train pro bono attorneys.

Attorneys can also fulfill their pro bono service by engaging in systemic litigation, addressing issues impacting the greater community. Working with such groups as the Public Justice Center, the American Civil Liberties Union and HPRP, they handle cases and improve societal issues like foster care and illegal discrimination practices. Other pro bono attorneys pursue corrective legislation for key issues. 

Many attorneys volunteer for pro bono service by serving as counsel to community and non-profit associations, brokering agreements and negotiating settlements to improve the quality of neighborhoods and help churches and community groups develop shelters, affordable housing and needed facilities. Some corporate, banking, real estate and zoning lawyers offer their legal skills and volunteer for pro bono in this fashion, establishing projects and rebuilding neighborhoods through such entities as the Habitat for Humanity project. A number of tax attorneys work with the Maryland Volunteer Lawyers Service's Tax Clinic to assist eligible clients in the completion of their tax forms for earned income tax credits. 

This is just a sampling of the multitude of ways an attorney can volunteer for pro bono service. An attorney needs to select a pro bono option that is personally rewarding as he or she helps those less fortunate. In light of the recent rule revisions, some attorneys are not certain how to find these pro bono opportunities, while others are uncertain if their current mode of volunteerism constitutes pro bono service. 

A wealth of pro bono service opportunities may be found at the Pro Bono Resource Center of Maryland (PBRC), Maryland's pro bono information and attorney referral resource. PBRC, the Maryland State Bar Association's pro bono arm, serves as the statewide pro bono clearinghouse, linking volunteer attorneys with pro bono provider organizations in need of their legal services. In turn, these organizations refer the pro bono attorneys to indigent clients in need of their help. In addition, PBRC trains attorney volunteers, offers information and support, and serves as a valuable attorney pro bono resource. 

Through PBRC, new pro bono opportunities are continually being developed. "We are constantly looking for innovative and unique ways attorneys can volunteer for pro bono service," states Sharon E. Goldsmith, PBRC's Executive Director. "We are exploring pro bono mediation opportunities and are seeking more community development work for volunteer lawyers." In addition to volunteer pro bono service opportunities, PBRC is also a valuable attorney resource with respect to the new pro bono rules. 

In January 2003, the Court is scheduled to mail pro bono reporting forms to all Maryland lawyers. The Court is expected to send these forms to all Maryland attorneys before January 10, 2003. Attorneys will be expected to complete the form, report on their pro bono service for the year 2002 and submit it to the Administrative Office of the Courts no later than February 15, 2003. Maryland attorneys interested in pro bono service opportunities are encouraged to contact PBRC at (410) 837-9379 or (800) 492-1964, extension 261 or pbrc@probonomd.org.