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The Indiana Pro Bono Network is a centralized platform that connects attorneys with pro bono opportunities offered by civil legal aid organizations across the state. Supported by The Indiana Bar Foundation and Pro Bono Indiana, and powered by Paladin, this platform streamlines the process of engaging in pro bono work. Attorneys can easily browse and accept available cases and volunteer opportunities with just a few clicks, making it simpler than ever to serve communities in need and fulfill professional service goals.

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As a government lawyer, am I exempt from reporting my pro bono service to the Indiana Supreme Court in conjunction with my annual registration as a member of the Indiana Bar?

Maybe, RPC 6.7(a)(4) provides an exemption to any pro bono reporting obligation for government lawyers who are prohibited by statute, rule, regulation, or agency policy from providing legal services outside his or her employment. If you are not prohibited from providing pro bono legal services outside of your government employment, you are obligated to report your annual pro bono hours, even if the number is zero.

Does Indiana law prohibit any government lawyers from providing legal services outside of government employment?

Yes. For example, full-time prosecutors and full-time deputy prosecutors are required to devote their full professional time to the duties to the prosecuting attorney office. I.C. 33-39-6-6.
Even if no law prohibits pro bono service, you should always check with the leadership of your agency or office about practicing law outside of your government employment before commencing such work.

As a government lawyer, should I assume that my agency or office prohibits pro bono work?

No, you should not assume a prohibition of pro bono work. However, you should recognize that many government lawyers are prohibited from practicing law outside of their employment and that even if such legal work is not prohibited, it may be strictly limited. For example, a policy may limit such work to that which does not involve the entry of an appearance in any federal, state, or local court or work that does not “involve a matter of public controversy.” As a public employee, you should always check with the leadership of your agency or office about practicing law outside of your government employment before commencing such work.

As a government lawyer, am I exempt from reporting my pro bono service to the Indiana Supreme Court in conjunction with my annual registration as a member of the Indiana Bar?

Not necessarily. As a government lawyer, RPC 6.7(a)(4) may provide an exemption from reporting your pro bono hours devoted directly to an individual or individuals of limited means. Specifically, if you, as a government lawyer, are “prohibited by statute, rule, regulation, or agency policy” from providing legal services outside of your employment, then you are exempt from reporting. If no law or policy prohibits you from providing legal services outside of your government employment, you are required to report pro bono hours spent in providing legal services directly to individuals of limited means, whether the number of hours is zero or 100 or somewhere in between.

Note: if you are a government lawyer employed by a judge or a court, you are exempt from reporting without limitation.

As a government lawyer who is a member of the judiciary or judicial staff, am I exempt from reporting my pro bono service to the Indiana Supreme Court in conjunction with my annual registration as a member of the Indiana Bar?

Yes, RPC 6.7(a)(4) provides a blanket exemption to any pro bono reporting obligation for lawyers who are members of the judiciary or judicial staff.

Is there a difference between public interest legal service responsibilities of RPC 6.1 and pro bono work required to be reported by RPC 6.7?

Yes. The public interest responsibilities encouraged by RPC 6.1 casts a wider net of activities than the reporting requirement of RPC 6.7. The latter makes clear that the Indiana Supreme Court’ reporting requirement gathers “only a subset” of the pro bono public interest work encouraged by RPC 6.1.

I regularly do a lot of unpaid public interest work every year that is not required to be reported by of RPC 6.7; is the court interested in learning about those efforts in my annual registration?

It seems the court is particularly interested in tracking only the information sought, reportable pro bono hours. While the court encourages a wide range of pro bono pro bono public interest work through RPC 6.1. ,the annual registration is not built to collect data on other good pro bono work.

I regularly do a lot of unpaid public interest work that is not required to be reported by of RPC 6.7; may I report those efforts in my annual registration?

As it currently exists, you are invited to include additional information about helping others in a short survey included with the annual registration process. In addition, you may opt to share your perspectives on this work with future law students.

If I volunteer for a legal advice clinic or take a case from a civil legal aid organization, will I be covered by their malpractice insurance, or will I have to provide my own coverage?

Most civil legal aid organizations in Indiana that use pro bono attorneys will provide malpractice coverage for those attorneys. Some of these polices provide first-dollar defense for their volunteers; other polices provide coverage that is secondary to any malpractice coverage the attorney may have through their law firm.

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