Pro Bono Program Guide

Introduction

The Pro Bono Program within 603 Legal Aid offers opportunities for attorneys to serve their communities while helping fulfill the professional aspirational goals of voluntary pro bono public service in Rule 6.1.  603 Legal Aid screens cases for financial eligibility and legal merit. Pro Bono staff review and place cases with volunteer attorneys. Pro Bono coordinates opportunities for volunteers to handle domestic violence restraining order cases through its Domestic Violence Emergency (DOVE) Project in collaboration with crisis centers around the state.

When you sign up, you indicate what areas of the law you are interested in taking cases in and in what parts of the state. You may also sign up to handle domestic violence restraining order cases through the Domestic Violence Emergency (DOVE) Project (link to DOVE), volunteer for the Concord Eviction Defense Clinic and Criminal Record Annulment Clinics. For more details on these projects, email .

Participation as a volunteer attorney through the 603 Legal Aid Pro Bono Program allows you to make a difference in the lives of low-income people in need. Involvement as a volunteer also provides the opportunity to expand and sharpen legal skills through “hands-on” experience in poverty-related cases. Many find participation to be personally rewarding.

To facilitate your involvement, the Pro Bono Program provides a variety of supports, including automatic waiver of in-state court filing and service fees for qualified clients, low-cost training, mentoring, malpractice insurance, coordination of interpreters, client management, and reimbursement of certain litigation costs. See details below under “Attorney Supports/Program Assistance.”

Cases and Referrals

Types of Cases Referred by Pro Bono Program

603 Legal Aid’s Pro Bono Program handles civil matters not only in the areas of family law and domestic violence but also bankruptcy, collection defense, housing, consumer issues, tort defense, guardianship, simple wills and advance directives, ,  (I have removed tax for now), and other high priority legal matters confronting low-income families. We do not handle fee-generating civil matters, criminal cases or traffic violations.

How You Will Receive Referrals

The Pro Bono Program coordinates referrals in the following ways:

• Program staff or volunteers may call or email you.
• A colleague may contact you during a referral marathon.
• Your law firm Pro Bono coordinator (if one) may direct a request to you.
• A special project partner, such as a crisis center advocate for DOVE, may contact you about a referral.

Pro  Bono staff will call or email you about a possible referral. Staff members make every effort to use the referral method you prefer. The program will monitor cases sent to you from our office before contacting you about another referral. Pro Bono staff may also contact you to discuss one of your current cases.

Paperwork from the Pro Bono Program

After accepting a case, you will receive paperwork with the client’s name, address, a brief summary of the case and any related court paperwork that we have. This will also contain an initial disposition form. After completion of this form, you will receive periodic requests for updates about the case. This is required by our funder and is  is extremely important for you to return completed forms to pro bono as our funding depends on our ability to collect and report on case data. In an effort to keep paperwork to a minimum, 603 Legal Aid uses a simple case reporting system. All of these forms will be sent to you by pro bono staff . However, if you choose to, you can submit them directly from the website:

a. Initial Case Disposition Form
The “Initial Case Disposition Form” notifies the Pro Bono Coordinator whether the client has followed through on the referral. Volunteers must return this form after the initial interview or if the client fails to contact the attorney for an appointment within thirty (30) days after the referral is made.

b. Quarterly Case Status Update
It is important for funding and case management purposes that Pro Bono receive regular status updates while a case is open. The “Quarterly Case Status Update” will be sent quarterly.

c. Final Case Disposition Form

When a case is closed, the volunteer attorney should complete and return the “Final Case Disposition Form” within 30 days of the case closing. Attorneys must include any final orders and must indicate the total number of hours devoted to each Pro Bono case. This information is required to be reported to our funders, so it is imperative that it be included. If preferred, attaching a copy of the timesheet for the case is acceptable.

Supreme Court Rule 53 provides for attorneys who volunteer for pro bono cases for the purpose of representing indigent parties through 603 Legal Aid to claim up to 360 general minutes of continuing legal education credit per reporting period at the rate of 60 CLE minutes for every 300 billable-equivalent minutes of pro bono representation. The rule requires that we report the number of minutes to NHMCLE on or before April 1^st of each year.

Informing the Pro Bono Program about Problems/Issues

There are a number of events which may trigger a need to call or email our office. Some of these are:

a. Loss of Client Financial Eligibility After Referral:

Census and other demographic studies indicate that poverty is frequently a temporary status for many people. We expect financial situations will improve for some clients, who may become financially ineligible for no-cost services after being accepted and referred by our program. Sometimes cases may become fee-generating on closer investigation or due to changes in circumstances. PLEASE NOTIFY PRO BONO AT ONCE IF A CLIENT APPEARS INELIGIBLE FOR FREE LEGAL ASSISTANCE (EVEN AT THE OUTSET OF A CASE). We will investigate and, if appropriate, notify both attorney and client of the ineligibility, and that the client is free to seek representation at an agreed fee from the Pro Bono-referred attorney or other attorney of choice. The Pro Bono attorney may then withdraw from the case if necessary, so long as ethical considerations are satisfied.

b. Pro Bono Clients Returning for Additional Services:

When a case is placed through the Pro Bono program, the client is informed that the referral is only for help with the problem(s) specified on the referral letter to the client. If interested in handling new or different problems for the client, or if problems arise after the original case is completed, the attorney should contact the Pro Bono Program. The client’s financial eligibility will be rechecked and, if appropriate, a new case opened.

• Where an attorney cannot help a former or new client seeking further assistance,  the indiviual should be directed  to 603 Legal Aid, (603) 224-3333 or 1-(800) 639-5290 for eligibility screening and potential referral to Pro Bono. Clients may also be directed to the 603 Legal Aid Online Intake form.

c. Appeals and Class Actions:

Attorneys are asked to notify the office when (a) an appeal is taken on behalf of a Pro Bono client; or (b) a class action is undertaken on behalf of a Pro Bono client or group of similarly situated Pro Bono clients. Pre-approval to undertake appeals is required. Due to federal regulations, 603 Legal Aid cannot participate in class-action lawsuits, so if one is being initiated on behalf of a current 603 Legal Aid Pro Bono referred client, 603 Legal Aid must close the case and withdraw from supporting the attorney. We encourage volunteers to call the office any time with questions or concerns about a Pro Bono referred client.

d. Client Relations:

Attorneys are strongly encouraged to contact the Pro Bono should any problems arise regarding the attorney/client relationship, including concerns about client expectations.

Supports for Attorneys

Waivers of Fees

Clients determined eligible for Pro Bono services are entitled to automatic waiver of in-state court filing and service fees. [See RSA 499:18-b] In relevant cases, Pro Bono will include the form, “Notice of Indigency and Notice of Entitlement to Full Waiver of Filing Costs and Sheriff’s Fees,” with referral paperwork for you to send to the court. Please submit a request for this form if you need one at .

Malpractice Insurance

The Pro Bono Program provides professional liability insurance to cover cases handled by volunteer attorneys through Pro Bono. The coverage is primary and extends to the firms of participating attorneys.

Out-of-Pocket Expenses

Pro Bono has limited resources to reimburse expenses; however, necessary “out-of-pocket” costs such as travel, long distance phone calls, and copying expenses, non-waivable out-of-state services, subpoenas, and other similar expenses will be reimbursed. Expenses above $50 need advanced approval from the Pro Bono Director. If financially able, Pro Bono clients are expected to pay these costs and are so advised. Please contact the program if assistance is needed with expenses. Travel is reimbursed at the IRS-approved rate per mile and copying at the rate of 10 cents per copy. The Pro Bono Program will not reimburse waivable filing and service fees.

Depositions

In collaboration with Pro Bono, through its members the New Hampshire Court Reporters Association contributes up to 100 hours per year in pro bono deposition time for attorneys handling cases referred by the program. Attorneys seeking a shorthand reporter for a deposition should contact the Pro Bono Coordinator at 1 (603) 224-3333  

Legal Fees

There may be no direct charge for legal fees to the client. The attorney, however, may seek and obtain fee awards from other sources if the client consents. If the award may diminish the client’s recovery, consent should be obtained at the time of retainer. Pro Bono normally refers contingent fee award cases only after three or more qualified counsel have declined a private retainer. Attorneys are encouraged to ask clients for reimbursement of out-of-pocket costs as detailed below.

Other Resources

Pro Bono offers a variety of additional resources, including a mentoring program and referrals to other professionals for information and services regarding QDROs, tax issues and other matters presented in Pro Bono cases. Pro Bono also will assist attorneys in locating and paying for interpreters as necessary. For more information, contact .

THANK YOU FOR BECOMING A MEMBER OF THE PRO BONO PANEL!