Main Menu

Login Register
Click here to contact us.
What are some basic parameters that I should think about in drafting a government office policy on pro bono work for Indiana lawyers?
1 Jan 1970

What are some basic parameters that I should think about in drafting a government office policy on pro bono work for Indiana lawyers?

A well-crafted government office pro bono policy might include:

  • An introduction about the purpose of the policy, the why and how of the policy’s adoption
  • A recognition of attorney pro bono responsibilities under RPC 6.1, including that government agencies and offices might impose stricter standards than those imposed by the rule.
  • A definition of pro bono service
  • Reference to applicable government laws and rules on workplace ethics. E.g., in Indiana, ethics laws for state government employees are found in I.C. 4-2-6 and 42 IAC 1. For local government lawyers, codes of ethics may be found in local ordinances, codes, regulations, or policies.
  • The process for approval of pro bono activities
  • Accounting for attorney time devoted to pro bono work. Professional time spent on pro bono work: Government lawyers will be required to make up the time spent on a pro bono case or effort if the case required attention during regular work hours. As such, flexibility in a work schedule may allow the attorney to compensate the public agency for any time spent on a pro bono case during the normal wok day, provided the employing agency consents to this arrangement.
  • The government office responsibilities for volunteer pro bono work by government lawyers (e.g., that pro bono work must not interfere with official duties and responsibilities, that official government work must be given top priority, that all potential or apparent conflicts of interest must be prevented)
  • Use of government resources for pro bono work (e.g., no government supplies or equipment shall be used for pro bono work; no government administrative support shall be used for pro bono work)
  • Clear statement about the volunteer lawyer’s identification as a government lawyer acting in a non-government capacity
  • A statement and procedure about how potential or apparent conflicts of interest will be assessed and resolved
  • A clarification that the government office does not provide professional liability coverage for pro bono work and direction about how volunteer government lawyers might acquire professional liability insurance
  • Effective date and sunset date, if applicable.