Information for OSB Certified Pro Bono Program ... - Oregon State Bar

Information for OSB Certified Pro Bono Program Application
Oregon Pro Bono programs may become certified through a process authorized by the Oregon
State Bar under the Board of Governors’ Policies on Pro Bono contained in Bylaws Section 13 et
seq. The purpose of these policies is to encourage attorneys in Oregon to meet their
Professional Responsibility and the OSB Aspirational Standards for Pro Bono, and to provide
access to the justice system for low-income Oregonians. Programs that meet the certification
requirements are eligible to receive free PLF coverage for PLF-exempt attorney volunteers. To
be eligible for certification, a pro bono program must meet the following requirements:
• The pro bono program must be sponsored by a national, state or local bar
association, a court with jurisdiction in Oregon or an incorporated, non-profit or
governmental organization, and must provide legal services without fee, or
expectation of fee, or for a substantially reduced fee to one or more of the
following:
1) Persons of limited means.
2) Underserved populations with special legal needs.
3) Charitable, religious, civic, community, governmental and educational
organizations in matters which are designed primarily to address the needs of
persons of limited means or underserved populations with special legal needs.
• The pro bono program must not provide any compensation to the participating
lawyers, except to cover filing fees or other out-of-pocket expenses or to provide
professional liability insurance for the pro bono activity.
• The pro bono program must deliver legal services to clients at no fee or for a
substantially reduced fee. Nominal administrative fees are allowed. Donations
from clients, whether encouraged or not, are not considered fees. The pro bono
program should prohibit or limit the handling of cases that are clearly fee
generating, and provide for the referral of such cases.
• The program must demonstrate that it has the necessary expertise and quality
control to administer a program involving volunteer lawyers. This should include
appropriate matching of pro bono lawyers to cases, an effective grievance
procedure and adequate tracking and record keeping systems regarding pro bono
involvement.
• The program must comply with Article 10 of the Bar’s Bylaws (Diversity), both in
regard to participating lawyers and clients.
• The program will provide professional liability coverage for otherwise uncovered
attorney volunteers when those attorneys provide legal services to pro bono
clients.

Please return the completed application to the Pro Bono Program via:
Mail:
Email:
Pro Bono Program
Oregon State Bar
P.O. Box 231935
Tigard, Oregon 97281-1935
probono@osbar.org
Fax: (503)598-6955
Any questions about certified programs or the certification process should be directed to:
OSB Pro Bono Coordinator
503-431-6355
800-452-8260, ext. 355
probono@osbar.org
Please indicate whether you want your program to be considered for PLF Pro Bono Coverage
for PLF-exempt volunteer lawyers. Applications seeking PLF Pro Bono Coverage will be
forwarded to the PLF for underwriting. Once approved, the PLF will issue a special Pro Bono
Claims Made Plan to cover all PLF-exempt lawyers who volunteer for your program. PLF Pro
Bono coverage is underwritten and issued on an annual, calendar year basis.
Any questions about PLF coverage should be directed to:
Jeff Crawford or
Emilee Preble
503-639-6911
800-452-1639
coverage@osbplf.org
The Executive Director of the Oregon State Bar, in consultation with the Professional Liability
Fund, determines if a program is eligible for certification.

Joint Application for Oregon State Bar Certified Pro Bono Program
and Free PLF Coverage for PLF-Exempt Volunteer Attorneys
Name of Organization: _____________________________________________________
Address: ________________________________________________________________
________________________________________________________________________
Telephone: __________________________
e-mail: _____________________________
Fax: _______________________
Website: _______________________
Director/Office Manager: __________________________________________________
Board Chair or Equivalent Officer: ____________________________________________
Authorized Agent for Service of Process and Address: ____________________________
________________________________________________________________________
Geographic area served:
Are you requesting PLF coverage for PLF-exempt attorneys: Yes No
Program Information
1. Is the Program incorporated? Yes No
If yes, indicated your tax status (e.g., 501(c)(3)): __________________________
Tax ID number: _______________________________
(Please attach a copy of IRS letter and the Articles of Incorporation. If it is a courtsponsored
or bar-sponsored organization, attach the authorization for the project.

2. Please summarize your Program’s statement of purpose and date of adoption. (Use a
separate sheet of paper if necessary.) Attach a copy of the bylaws or other document
stating the structure of the Program.
3. Please describe briefly what legal services you provide, who are your clients and your
sources of funding. (Use a separate sheet of paper if necessary.) You may use materials
provided for other purposes to answer this question. (e.g. an Annual Report)

4. Please describe how you use volunteer attorneys.
5. Does your Program have a political purpose? If yes, what is it? Yes No
6. Please indicate the current number of paid personnel in each category. Include only
staff who are paid (employees, part-time employees and independent contractors).
Please assign each person to only one category.
_____ Employed attorneys (providing direct legal services to clients)
_____ Employed law clerks/paralegals (dealing directly with clients for intake, etc.)
_____ Management staff (office manager, etc.)
_____ Clerical/accounting/receptionist/other personnel
_____ Total number of paid personnel
7. Is the Program open to all members of the OSB in compliance with the OSB Diversity
Policy? Yes No. If no, explain.

8. Do you have any requirements for attorneys who volunteer? Yes No.
If yes, explain.
9. Describe the process used to determine if the volunteer attorney is in good standing.
10. Describe your system for tracking time spent by volunteer attorneys. (The OSB and the
PLF require that the program report the hours annually for each attorney.)

11. Attorney Compensation
a. Does the Program have a policy regarding the treatment of fee-generating
cases? Yes No
b. Does the Program distinguish between cases that will not generate fees and
those that are potentially fee-generating? Yes No
c. Does the Program provide any financial compensation to participating
attorneys? Yes No
d. Are clients required to pay any fees (other than out-of-pocket expenses)?
Yes No
If you answered yes to any of the above, please explain or attach your policy.
Intake/Referral/Quality Control
12. What are your criteria for accepting clients to the pro bono program?
13. Do you have a policy of non-discrimination? Yes No.
14. Please describe the Program’s client intake and case referral mechanism. Include a
description of how clients are referred to participating attorneys.

15. Please describe the Program’s system for tracking cases referred to participating
attorneys.
16. Please describe the Program’s procedure for handling client complaints and grievances
(or attach policy).
17. Please describe how the Program ensures that clients are provided the highest possible
quality of service.

Professional Insurance Questions
18. Please enclose a copy of your Program’s current malpractice insurance policy (if any),
including declarations sheet or cover sheet and all endorsements.
19. Have any claims ever been made by clients against you or your attorneys offering
services through your program in the past five years? Yes No. If yes, please
provide the following information for each claim: (Note: You do not need to report a
claim if you previously reported it to the PLF.)
a. Name of claimant and name of attorney involved
b. Nature of claim, and whether malpractice claim went into litigation
c. Size of claim
d. cost of defending claim
e. Indemnity (damages) paid on the claim
f. Whether the claim was covered by malpractice insurance
g. Whether responsible attorney was a staff attorney or volunteer
h. Any relevant special factors (including any changes or improvements made to
your program’s procedures).
20. a. Give your best estimate of the total number of volunteer (unpaid) attorneys who
provided legal services through your program in the last full calendar year: ________
b. What percent of these volunteer attorneys would you estimate were in private
practice and carrying PLF coverage?
________ percent with PLF coverage
________ percent without PLF coverage