I am a state or local government lawyer whose agency or office would benefit from otherwise self-represented-litigants appearing before our agency being represented by pro bono lawyers; may I work to connect these potential clients to outside providers of pro bono services?

As with all pro bono work by government lawyers, every step should be taken to check to make sure that such work is within the bounds of your agency or office’s pro bono policy. Beyond that, connecting otherwise self-represented-litigants (SRLs) before your agency or office to pro bono resources (e.g., Indiana Legal Help) would also have to be approved by your agency leadership and follow laws regarding government recommendations and communications. For example, RPC 4.3 limits what a lawyer can tell an unrepresented litigant. Under this rule, you would have to tell the unrepresented litigant (or SRL, self-represented-litigant) that you are not representing the litigant’s interest.

Further, if you are a government lawyer who works for the courts or a judge, you may not show any preference to a firm, agency, or office. See CJC 1.3, requiring the judge and staff to not abuse the prestige of the judicial office by advancing the personal of economic interests of others.

A pilot program might involve the following steps:

1. Draft a formal pro bono implementation plan that includes a screen for indigency and need for an attorney.
2. Create or share publicly available training materials for SLRs and/or attorneys interested in providing pro bono services in agency/office matters.
3. Give the otherwise self-represented-litigant contact information for potential pro bono representation (Indiana Legal Services, Pro Bono Indiana, Indy Bar).
4. In some appropriate manner, recognize the pro bono service by the lawyer (in issued orders or otherwise).