The Advocate - May 2012 - Idaho State Bar - Idaho.gov

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My t h s aB o u t Pr o Bo n o se rv i C e s Justice Jim Jones Idaho Supreme Court The preamble to the Idaho Rules of Professional Conduct affirmatively states: A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel. Rule 6.1 goes on to say, “A lawyer should aspire to render at least 50 hours of pro bono publico legal services per year.” Many lawyers take their pro bono responsibility seriously and fulfill their aspirational target. However, according to the recent Justice Jim Jones membership survey conducted by the Bar, a large majority of those who responded to the survey simply are not doing their part. According to the survey, 27.2% of the 1,597 respondents performed no pro bono service in 2010. The results indicate that 10.5% performed 1-5 hours of pro bono work, 10.7% did 6-10 hours, 17.5% did 11-25 hours, 15.7% performed 26-49 hours and 18.5% did 50 hours or more. We need to do better. We can do better. The survey asked respondents to indicate what measures might cause lawyers to be more inclined to do pro bono work. The responses from 1,380 participants indicated a lack of knowledge of resources available through the Idaho Volunteer Lawyer Program (“IVLP”) and other entities committed to the pro bono effort. Myth #1: No malpractice coverage Almost half of the respondents (48.8%) indicated that more pro bono work might be done if lawyers received free malpractice coverage for work on pro bono cases. The fact is that lawyers performing pro bono work through IVLP are covered by malpractice insurance for that work. The malpractice carrier is ALPS and the policy limits are $1,000,000.00. It is probably also worth noting that in the roughly 30 years IVLP and its predecessor program have been in existence, no pro bono client has made a malpractice claim. Myth #2: “Stuck” in a lengthy case Half of the respondents (48.1%) indicated that more pro bono work would be performed if lawyers were able to work on a particular task rather than accept total representation of a client. This can now be done. The Supreme Court recently adopted a new rule ― I.R.C.P. 11(b)(5), Limited Pro Bono Appearance — just for this purpose. The rule, which went into effect on January 1, 2012, reads: 11(b)(5). Limited Pro Bono Appearance. In accordance with Idaho Rule of Professional Conduct 1.2(c), an attorney may appear to provide pro bono assistance to an otherwise pro se party in one or more individual proceedings in an action. An attorney making a limited pro bono appearance must file and serve on the opposing party a notice of limited appearance prior to or simultaneous with the proceeding or proceedings, specifying all matters that are to be undertaken on behalf of the party. The attorney shall have no authority to act on behalf of the party on any matter not specified in the notice or any properly filed and served amendment thereto. Service on an attorney who has made a The responses from 1,380 participants indicated a lack of knowledge of resources available through the Idaho Volunteer Lawyer Program (“IVLP”) and other entities committed to the pro bono effort. limited appearance for a party shall be valid only in connection with the specific proceedings for which the attorney has appeared, including any hearing or trial at which the attorney appeared and any subsequent motions for presentation of orders. Upon the conclusion of the matters specified for the attorney’s limited appearance, the attorney shall file a notice of completion of limited appearance with the court. Upon such filing, the attorney’s role terminates without the necessity of leave of the court. The Advocate • May 2012 65
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