Quiz #71 Navigating Ethical Pro Bono Practices for Lawyers

Are you getting tired of Religion Law Quizzes and pro bono issues?  Hopefully not.  Today’s Religion Law Quiz is an important one with respect to ethical issues for attorneys.  Let’s see how you do. 

 

Tina, Jeff and Ahmad are all of different faiths.  Tina is Catholic, Jeff is Baptist and Ahmad is Muslim.  Each feels a keen sense of a need to provide pro bono assistance to the less fortunate.  Each is also aware of the risk of a conflict of interest that can occur by doing this.  What can Tina, Jeff and Ahmad do (either collectively or individually) to not run afoul of ethical prohibitions on conflicts of interest as they perform pro bono work? 

 

(Scroll down for the answer)

 

Answer: Tina, Jeff and Ahmad need to individually or collectively find a nonprofit or court program that provides pro bono services.  Perhaps the most classic example of this is a non-profit entity that sponsors a “law day” for pro bono services.  The applicable ethics Rule is 6.5.  The Kansas version is pasted below.  The Missouri version is at Rule 4-6.5.  A key point of the rule is that if you are providing pro bono services and you know that the representation will create a conflict of interest then you cannot provide it.  For example, if you know your law firm represents Bank X in collection work and at the law day the person seeking assistance is asking questions about how to deal with their credit card debt with Bank X then you are ethically prohibited from providing pro bono advice.  However, if they come to you asking about Bank Y and you have no knowledge of anyone in your firm doing legal work for Bank Y then you can provide the limited scope pro bono services. 

 

Rule 6.5 - Limited Legal Services Through a Nonprofit or Court Program

 

• A lawyer may provide pro bono or low-cost short-term, limited legal services through a nonprofit or court program without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter. The following provisions apply to providing these services:

 

(1) Rules 1.7 and 1.9(a) apply only if the lawyer knows that the representation of the client involves a conflict of interest; and

 

(2) Rule 1.10 applies only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter.

 

(b) A lawyer's participation in a program described in subsection (a) will not preclude the lawyer's firm under Rule 1.10 from representing a client with interests adverse to a client the lawyer represented through the program.

 

Disclaimer: The Religion Law Quizzes are provided as a service to the bar. They are informal, non-binding hypothetical questions intended only for educational purposes. Nothing in the Quizzes is intended to be legal advice and they should not be relied upon as conclusive on any issue discussed therein.

 

HERE IS AN AI GENERATED SUMMARY OF TODAY’S PODCAST

 

 

In this episode of the Religion Law Podcast, host Michael Fielding delves back into the world of pro bono legal representation from an ethical perspective. With a special focus on religious individuals looking to give back to their communities, Michael explains the intricate ethical obligations and regulations that attorneys must adhere to while providing pro bono services.

The podcast addresses the potential complexities of setting up pro bono programs, particularly for people of faith attempting to assist those in need. Michael emphasizes the importance of understanding these ethical limitations to ensure the smooth operation of such initiatives and the proactive avoidance of potential legal impediments.

Providing a practical case scenario featuring different faith members - Tina, Jeff, and Ahmad, Michael unfolds their journey in maneuvering around conflicts of interest while attempting to carry out pro bono work. The solution lies in affiliating with a non-profit or court program committed to pro bono services, thus mitigating the risk of professional conflicts.

Moreover, the episode points to ethics rule 6.5 as an important consideration for those offering pro bono services. According to this rule, an attorney must refrain from pro bono practice in instances that might cause conflict of interest with the attorney's otherwise professional obligations.

As the podcast concludes, it further underscores the need for balance between helping impoverished communities through pro bono legal aid and observing ethical standards set for legal practices. It serves as a crucial educational resource for anyone looking to integrate pro bono work into their legal practice or to establish law days at their community centers.