November 2009 #2. Model Pro Bono Policy for Hawai'i Law Firms.

Hawaii Bar Journal

2009.

November 2009 #2.

Model Pro Bono Policy for Hawai'i Law Firms

Hawaii State Bar JournalNovember 2009Model Pro Bono Policy for Hawai'i Law FirmsThe Hawai'i Access to Justice Commission ("Commission"), through its Committee on Increasing Pro Bono Legal Services,(fn1) reviewed policies in various states and adopted the model policy below based on the Montana pro bono policy. On August 20, 2009, the HSBA board of directors endorsed this policy.

On August 31, 2009, the law firm of Ayabe Chong Nishimoto Sia and Nakamura was the first firm to indicate that it would adopt this model policy.

I. Commitment to Pro Bono

An extraordinary need exists in this country for the provision of legal services for those unable to pay for them. Despite the generous contributions of many attorneys, the legal needs of the disadvantaged in Hawai'i continue to go largely unmet. While many law firms undertake pro bono matters, many lack a formal written pro bono policy. The formal adoption of such a policy is critical in affirming that this firm supports pro bono services and encourages every attorney to render such service. We hereby adopt the following pro bono policy.

II. Pro Bono Defined

The foremost objective of our pro bono policy is to provide legal services to indigent or near indigent members of our community and the non-profit organizations that assist them. The Hawai'i Supreme Court has defined pro bono publico service under Rule 6.1 of the Hawai'i Rules of Professional Conduct. That rule, in part, states:

A lawyer should aspire to provide at least fifty (50) hours of pro bono legal services per year. In fulfilling this responsibility; the lawyer should:

(a) provide at least twenty-five hours of legal services without fee or expectation of a fee to: (1) persons of limited means, or (2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means ....

The rule goes on to discuss additional pro bono or reduced fee services to individuals, groups or organizations in matters in furtherance of their organizational purposes where the payment of standard fees would deplete the organization's resources or would otherwise be inappropriate. Because certain activities, while meritorious, do not involve direct...