MARYLAND PRO BONO - MD Rules of Procedure

(a) Local Pro Bono Committees
        (1) Creation
        (2) Members
        (3) Term
        (4) Chair
        (5) Full Membership
        (6) Consultants
(b) Duties of the Committee
(c) Local Pro Bono Action Plans
        (1) Generally
        (2) Contents

Rule 16-903. REPORTING PRO BONO LEGAL SERVICE

(a) Required as a Condition of Practice
(b) Designated Employee of the Administrative Office of the Courts
(c) Mailing by the Administrative Office of the Courts
(d) Due Date
(e) Enforcement
    (1) Notice of Default
    (2) Additional Discretionary Notice of Default
    (3) List of Defaulting Lawyers
    (4) Certification of Default; Order of Decertification
    (5) Mailing of Decertification Order
    (6) Rescission
    (7) Notices to Clerks
(f) Certain Information Furnished to the Standing Committee on Pro Bono Legal Service
(g) Confidentiality

RULES OF PROFESSIONAL CONDUCT - Rule 6.1 Pro Bono Publico Legal Service

ADD new Rule 16-901, as follows:

Rule 16-901. STATE PRO BONO COMMITTEE AND PLAN

(a) Standing Committee on Pro Bono Legal Service

(1) Creation
There is a Standing Committee of the Court of Appeals on Pro Bono Legal Service.

    (2) Members
        The Standing Committee consists of 13 members appointed by the Court of Appeals, as follows:
         (A) eight members of the Maryland Bar, including one from each appellate judicial circuit and one selected from the State at large;
        (B) a circuit court judge selected from among at least three nominees submitted by the Conference of Circuit Judges;
        (C) a District Court judge selected from at least three nominees submitted by the Chief Judge of the District Court;
        (D) the Public Defender or a designee of the Public Defender;
        (E) a representative from a legal services provider organization who does not serve on a Local Pro Bono Committee;    and
        (F) a member of the general public.

(3) Terms; Chair
The Court of Appeals shall fix the terms of the members and designate one of the members as the chair.

(4) Consultants
The Standing Committee may designate a reasonable number of consultants from among court personnel or representatives of other organizations or agencies concerned with the provision of legal services to persons of limited means.

(b) Duties of the Standing Committee

The Standing Committee shall:

(1) develop standard forms for use by the Local Pro Bono Committees in developing and articulating the Local Pro Bono Action Plans and making their annual reports;

(2) recommend uniform standards for use by the Local Pro Bono Committees to assess the need for pro bono legal services in their communities;

(3) review and evaluate the Local Pro Bono Action Plans and the annual reports of the Local Pro Bono Committees;

(4) collect and make available to Local Pro Bono Committees information about pro bono projects;

(5) at the request of a Local Pro Bono Committee, provide guidance about the Rules in this Chapter and Rule 6.1 of the Maryland Lawyers' Rules of Professional Conduct;

(6) file with the Court of Appeals an annual report and recommendations about the implementation and effectiveness of the Local Pro Bono Action Plans, the Rules in this Chapter, and Rule 6.1 of the Maryland Lawyers' Rules of Professional Conduct; and

(7) prepare a State Pro Bono Action Plan as provided in section (c) of this Rule.

(1) Generally
Within three years after the effective date of this Rule, the Standing Committee shall submit to the Court of Appeals a State Pro Bono Action Plan to promote increased efforts on the part of lawyers to provide legal assistance to persons of limited means. In developing the Plan, the Standing Committee shall:

        (A) review and assess the results of the Local Pro Bono Action Plans;
        (B) assess the data generated by the reports required by Rule 16-903;
        (C) gather and consider information pertinent to the existence, nature, and extent of the need for pro bono legal services in Maryland; and
        (D) provide the opportunity for one or more public hearings.

(2) Contents
The State Pro Bono Action Plan may include a recommendation for increasing or decreasing the aspirational goals for pro bono publico legal service set forth in Rule 6.1 of the Maryland Lawyers' Rules of Professional Conduct. The Plan should include suggestions for the kinds of pro bono activities that will be most helpful in meeting the need for pro bono legal service throughout the State and should address long-range pro bono service issues.

Committee note: Examples of long-range issues that may be addressed include opportunities for transactional lawyers, government lawyers, business lawyers, and in-house counsel to render pro bono legal service; opportunities for pro bono legal service by lawyers who are unable to provide direct client representation; "collective responsibility" for pro bono legal service when a law firm designates certain lawyers to handle only pro bono matters; and encouraging pro bono legal service among law students and in the legal academic setting.

(d) Publication

The Clerk of the Court of Appeals shall cause the State Action Plan submitted by the Standing Committee to be published in the Maryland Register and such other publications as the Court directs and shall establish a reasonable period for public comment.

(e) Consideration by the Court of Appeals

After the comment period, the Court of Appeals shall hold a public hearing and take appropriate action on the Plan.

Source: This Rule is new.

AMEND Rule 16-902 to delete the limitation on the number of representatives of certain organizations who may serve on a Local Pro Bono Committee, to add judges to the composition of a Local Pro Bono Committee, to require a Local Pro Bono Committee to establish a procedure for new membership, to require a Local Pro Bono Committee to establish lengths of terms, to revise the procedure for determining the chair of a Local Pro Bono Committee, to provide a procedure for ensuring full membership of a Local Pro Bono Committee, to add language concerning the role of consultants, to add a date by which the annual report of a Local Pro Bono Committee shall be submitted, to allow the formation of a Regional Pro Bono Committee under certain circumstances, and to correct the lettering of certain subsections, as follows:

Rule 16‑902. LOCAL PRO BONO COMMITTEES AND PLANS

   (a) Local Pro Bono Committees
       (1) Creation
              There is a Local Pro Bono Committee for each county.
       (2) Members

~~(A)~~ The Local Pro Bono Committee consists of ~~no more than 11 members~~ at least two representatives nominated by legal services organizations and pro bono referral organizations that provide services in the county and selected by the County Administrative Judge and the District Administrative Judge, and no more than nine additional members, as follows:

~~(i)~~ (A) the District Public Defender for the county or an assistant public defender selected by the District Public Defender;

~~(ii)~~ (B) at least three but no more than five lawyers, appointed by the president of the county bar association, who practice in the county and at least one of whom is an officer of the county bar association;

~~(iii)~~ at least two but no more than three representatives nominated by legal services organizations and pro bono referral organizations that provide services in the county and selected by the County Administrative Judge and the District Administrative Judge; and

~~(iv)~~ (C) at least one but no more than two persons from the general public, appointed jointly by the County Administrative Judge and the District Administrative Judge.; and

(D) at least one but no more than two trial court judges, with the selection of any circuit court judge made by the County Administrative Judge and the selection of any District Court judge made by the County Administrative Judge with the concurrence of the Chief Judge of the District Court.

(3) Term

Each Committee shall establish a procedure for new membership, including articulating length of terms, to ensure member rotation and involvement.

~~(3)~~ (4) Chair

The County Administrative Judge shall appoint a member of the Committee to serve as temporary chair. The temporary chair shall convene a meeting at which the Committee shall elect a member to serve as chair. Each Committee shall establish a procedure by which its chair will be replaced.

(5) Full Membership

On at least an annual basis, the County Administrative Judge shall assess the composition of the Committee and take steps to ensure full membership of the Committee.

~~(4)~~ (6) Consultants

The Committee may designate a reasonable number of consultants from among court personnel or representatives of other organizations or agencies concerned with the provision of legal services to persons of limited means. Each consultant should be encouraged to attend meetings and participate as a member, providing input and assisting in the development and implementation of the plan, where appropriate, without being a voting member of the Committee.

(b) Duties of the Committee

The Local Pro Bono Committee shall:

(1) assess the needs in the county for pro bono legal service, including the needs of non‑English speaking, minority, and isolated populations;

(2) determine the nature and extent of existing and proposed free or low‑cost legal services, both staff and volunteer, for persons of limited means in the county;

(3) establish goals and priorities for pro bono legal service in the county;

(4) prepare a Local Pro Bono Action Plan as provided in section (c) of this Rule;

(5) in accordance with the policies and directives established by the Standing Committee or the Court of Appeals, implement or monitor the implementation of the Plan; and

(6) submit an annual report about the Plan to the Standing Committee by May 1.

(1) Generally

The Local Pro Bono Committee shall develop, in coordination with existing legal services organizations and pro bono referral organizations that provide services in the county, a detailed Local Pro Bono Action Plan to promote pro bono legal service to meet the needs of persons of limited means in the county. The Plan shall be submitted to the Standing Committee within one year after creation of the Local Committee. The Local Pro Bono Committees of two or more adjoining counties may collaborate and form a Regional Pro Bono Committee with approval of the Administrative Judges of the counties that wish to collaborate. With the approval of the Standing Committee, a single joint Pro Bono Action Plan may be developed for two or more adjoining counties, by collaboration of the Local Pro Bono Committees.

(2) Contents

The Local Pro Bono Action Plan shall address the following matters:

(A) screening applicants for pro bono representation and referring them to appropriate referral sources or panels of participating attorneys;

(B) establishing or expanding attorney referral panels;

(C) continuing and supporting current services provided by existing pro bono and legal services organizations;

(D) a procedure for matching cases with individual attorney expertise, including specialized panels;

(E) support for participating attorneys, including

(i) providing litigation resources and out‑of‑pocket expenses for pro bono cases;

(ii) providing or supplementing legal malpractice insurance for participating attorneys;

(iii) providing legal education and training for participating attorneys in specialized areas of the law relevant to pro bono legal service, including consultation services with attorneys who have expertise in areas of law in which participating attorneys seek to provide pro bono service; and

(iv) recommending court scheduling and docketing preferences for pro bono cases;

(F) methods of informing lawyers about the ways in which they may provide pro bono legal service;

Committee note: Ways in which lawyers may provide pro bono legal service include assisting in the screening and intake process; interviewing prospective clients and providing basic consultation; participating in pro se clinics or other programs in which lawyers provide advice and counsel, assist persons in drafting letters or documents, or assist persons in planning transactions or resolving disputes without the need for litigation; representing clients through case referral; acting as co‑counsel with legal service providers or other participating attorneys; providing consultation to legal service providers for case reviews and evaluations; training or consulting with other participating attorneys or staff attorneys affiliated with a legal service provider; engaging in legal research and writing; and, if qualified through training and experience, serving as a mediator, arbitrator, or neutral evaluator.

(G) coordinating implementation of the Plan with the courts, county bar associations, and other agencies and organizations;

(H) the number of hours of pro bono legal services needed annually to meet the needs of persons of limited means in the county; and

(I) programs to recognize lawyers who provide pro bono legal services.

Source: This Rule is new.

ADD new Rule 16-903, as follows:

Rule 16-903. REPORTING PRO BONO LEGAL SERVICE

(a) Required as a Condition of Practice

As a condition precedent to the practice of law, each lawyer authorized to practice law in Maryland shall file annually with the Administrative Office of the Courts a Pro Bono Legal Service Report on a form approved by the Court of Appeals. The form shall not require the identification of pro bono clients.

Committee note: The purpose of pro bono legal service reporting is to document the pro bono legal service performed by lawyers in Maryland and determine the effectiveness of the Local Pro Bono Action Plans, the State Pro Bono Action Plan, the Rules in this Chapter, and Rule 6.1 of the Maryland Lawyers' Rules of Professional Conduct.

(b) Designated Employee of the Administrative Office of the Courts

The Court of Appeals shall designate an employee of the Administrative Office of the Courts to oversee the reporting process set forth in this Rule.

On or before January 10 of each year, the Administrative Office of the Courts shall mail a Pro Bono Legal Service Report form to each lawyer on the list maintained by the Clients' Security Trust Fund. The addresses on that list shall be used for all notices and correspondence pertaining to the reports.

(d) Due Date

Pro Bono Legal Service Reports for a given calendar year shall be filed with the Administrative Office of the Courts on or before February 15 of the following calendar year.

(e) Enforcement

(1) Notice of Default
As soon as practicable after May 1 of each year, the Administrative Office of the Courts shall give notice of the failure to file a report to each defaulting lawyer. The notice shall (A) state that the lawyer has not filed the Pro Bono Legal Service Report for the previous calendar year, (B) state that continued failure to file the Report may result in the entry of an order by the Court of Appeals prohibiting the lawyer from practicing law in the State, and (C) be sent by first class mail. The mailing of the notice of default shall constitute service.

(2) Additional Discretionary Notice of Default
In addition to the mailed notice, the Administrative Office of the Courts may give additional notice to defaulting lawyers by any of the means enumerated in Rule 16-811 g 3.

(3) List of Defaulting Lawyers
As soon as practicable after July 1 of each year but no later than August 1, the Administrative Office of the Courts shall prepare, certify, and file with the Court of Appeals a list that includes the name and address of each lawyer engaged in the practice of law who has failed to file the Pro Bono Legal Service Report for the previous year.

(4) Certification of Default; Order of Decertification
The Administrative Office of the Courts shall submit with the list a proposed Decertification Order stating the names and addresses of those lawyers who have failed to file their Pro Bono Legal Service Reports for the specified calendar year. At the request of the Court of Appeals, the Administrative Office of the Courts also shall furnish additional information from its records or give further notice to the defaulting lawyers. If satisfied that the Administrative Office of the Courts has given the required notice to each lawyer named on the proposed Decertification Order, the Court of Appeals shall enter a Decertification Order prohibiting each of them from practicing law in the State.

(5) Mailing of Decertification Order
The Administrative Office of the Courts shall mail by first class mail a copy of the Decertification Order to each lawyer named in the Order. The mailing of the copy of the Decertification Order shall constitute service.

(6) Rescission
If a lawyer files the outstanding Pro Bono Legal Service Report, the Administrative Office of the Courts shall request the Court of Appeals to enter an order rescinding its Decertification Order as to that lawyer. Upon entry of a Rescission Order, the Administrative Office of the Courts promptly shall furnish confirmation to the lawyer.

(7) Notices to Clerks
The Clerk of the Court of Appeals shall send a copy of each Decertification Order and Rescission Order entered pursuant to this Rule to the Clerk of the Court of Special Appeals, the Clerk of each circuit court, the Chief Clerk of the District Court, and the Register of Wills for each county.

(f) Certain Information Furnished to the Standing Committee on Pro Bono Legal Service

The Administrative Office of the Courts shall submit promptly to the Standing Committee on Pro Bono Legal Service a compilation of non-identifying information and data from the Pro Bono Legal Service Reports.

(g) Confidentiality

Pro Bono Legal Service Reports are confidential and are not subject to inspection or disclosure under Code, State Government Article, §10-615 (2)(iii). The Administrative Office of the Courts shall not release the Reports to any person or agency, except upon order of the Court of Appeals. Non-identifying information and data contained in a lawyer's Pro Bono Legal Service Report are not confidential.

Source: This Rule is new.

MARYLAND RULES OF PROCEDURE
RULES OF PROFESSIONAL CONDUCT
Rule 6.1 Pro Bono Publico Legal Service

AMEND Rule 6.1 to add certain provisions concerning aspirational goals for pro bono publico legal service, to state that the rule is aspirational and not mandatory, to provide that noncompliance with the Rule is not grounds for disciplinary action or other sanctions, to add certain commentary concerning the aspirational goals, and to make certain stylistic changes, as follows:

Rule 6.1. Pro Bono Publico Legal Service

(a) Professional Responsibility

A lawyer [should render public interest] has a professional responsibility to render pro bono publico legal service. [A lawyer may discharge this responsibility by providing professional services at no fee or a reduced fee to persons of limited means or to public service or charitable groups or organizations, by service in activities for improving the law, the legal system or the legal profession, or by financial support for organizations that provide legal services to persons of limited means.]

(b) Discharge of Professional Responsibility

A lawyer in the full-time practice of law should aspire to render at least 50 hours per year of pro bono publico legal service, and a lawyer in part-time practice should aspire to render at least a pro rata number of hours.

(1) Unless a lawyer is prohibited by law from rendering the legal services described below, a substantial portion of the applicable hours should be devoted to rendering legal service, without fee or expectation of fee, or at a substantially reduced fee, to:

      (A) people of limited means;
      (B) charitable, religious, civic, community, governmental, or educational organizations in matters designed primarily to address the needs of people of limited means;
        (C) individuals, groups, or organizations seeking to secure or protect civil rights, civil liberties, or public rights; or
      (D) charitable, religious, civic, community, governmental, or educational organizations in matters in furtherance of their organizational purposes when the payment of the standard legal fees would significantly deplete the organization's economic resources or would otherwise be inappropriate.

(2) The remainder of the applicable hours may be devoted to activities for improving the law, the legal system, or the legal profession.

(3) A lawyer also may discharge the professional responsibility set forth in this Rule by contributing financial support to organizations that provide legal services to persons of limited means.

This Rule is aspirational, not mandatory. Noncompliance with this Rule shall not be grounds for disciplinary action or other sanctions.

COMMENT

The ABA House of Delegates has formally acknowledged "the basic responsibility of each lawyer engaged in the practice of law to provide public interest legal services" without fee, or at a substantially reduced fee, in one or more of the following areas: poverty law, civil rights law, public rights law, charitable organization representation, and the administration of justice. This Rule expresses that policy but is not intended to be enforced through the disciplinary process.

The rights and responsibilities of individuals and organizations in the United States are increasingly defined in legal terms. As a consequence, legal assistance in coping with the web of statutes, rules, and regulations is imperative for persons of modest and limited means, as well as for the relatively well-to-do.

The basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. Every lawyer, regardless of professional prominence or professional workload, should find time to participate in or otherwise support the provision of legal services to the disadvantaged. The provision of free legal services to those unable to pay reasonable fees continues to be an obligation of each lawyer as well as the profession generally, but the efforts of individual lawyers are often not enough to meet the need. Thus, it has been necessary for the profession, the government, and the courts to institute additional programs to provide legal services. Accordingly, legal aid offices, lawyer referral services, and other related programs have been developed, and [others] more will be developed by the profession, the government, and the courts. Every lawyer should support all proper efforts to meet this need for legal services.

The goal of 50 hours per year for pro bono legal service established in paragraph (b) of this Rule is aspirational; it is a goal, not a requirement. The number used is intended as an average yearly amount over the course of the lawyer's career.

A lawyer in government service who is prohibited by constitutional, statutory, or regulatory restrictions from performing the pro bono legal services described in paragraph (b)(1) of the Rule may discharge the lawyer's responsibility by participating in activities described in paragraph (b)(2).

Code Comparison.-- There is no counterpart of Rule 6.1 in the Disciplinary Rules of the Code. EC 2-25 states that "The basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer ... . Every lawyer, regardless of professional prominence or professional workload, should find time to participate in serving the disadvantaged." EC 8-9 states that "The advancement of our legal system is of vital importance in maintaining the rule of law ... and lawyers should encourage, and should aid in making needed changes and improvements." EC 8-3 states that "Those persons unable to pay for legal services should be provided needed services."