This is a webcast of the live San Francisco session.Why you should attend
While the ethical obligations of Pro Bono legal practice are no different than a commercial law practice, there are practical considerations regarding eligibility of clients, challenging clients, challenging pro bono attorneys, conflicts similar in theory, different in practice settings), expectations on both sides, case management responsibility, and different delivery models, such as limited scope representation, that cause many professionals to hesitate offering pro bono legal services. This program is designed to answer questions regarding the professional responsibility obligations of pro bono legal service, encourage attorneys to engage in this professionally rewarding aspect of law practice, and remove ambiguities that are barriers to engaging in pro bono legal services.
What you will learn
Experts in professional responsibility and in pro bono service from government practice, private practice, legal services, and in-house corporate law departments will discuss:
- Application of the California Rules of Professional Conduct
- ABA Model Rules of Professional Conduct
- Proposed California Rules of Professional Conduct
- ABA Standards for Programs Providing Civil Pro Bono Legal Services to Persons of Limited Means
- Basics of Pro Bono, Including the Definition of “Pro Bono”
- Why Pro Bono is Considered an Important Part of the Profession
- Professional Responsibility Concerns Unique to Pro Bono
The faculty will discuss hypothetical fact patterns and illustrate the application of the rules.
Who should attend
Law firm pro bono coordinators and partners, law firm associates, government attorneys, registered in-house and corporate counsel, legal services pro bono coordinators, solo practitioners, small and medium firm attorneys engaged in pro bono legal services, judges, and everyone interested in increasing access to justice.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.
PLI Can Arrange Group Viewing to Your Firm
Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.
Cancellations
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
All times are P.D.T.
September 12, 2013, 9:00 a.m. - 12:30 p.m. (P.D.T.)
9:00 Program Overview and Introductions
Robert A. Hawley
9:15
Commencing the Representation
A. Pro Bono Service
- What Qualifies as “Real” Pro Bono
- The Need
- History/Background
- Duty
- Preparation to Engage
B. Commencing the Representation
- Be Admitted and in Good Standing: Avoiding Unauthorized Practice of Law, Multijurisdictional Practice
- Pro Bono as a Loss Leader for Future Pecuniary Gain
- Working Through a Pro Bono Program To Select and Vet the “Right” Pro Bono Cases
- Creating the Pro Bono Relationship
- Pro Bono – Limited Scope Representation
- Representation via Remote Access
C. Checking for Conflicts of Interest
- Types of Conflicts: Legal, Positional, Personal
- Conflicts Between Clients
- Conflicts Between Attorney and Client
- Conflict Imputation and Screening
- Conflict Waivers
- Conflicts in Limited Scope Legal Service Programs
Conducting the Representation
A. No Self Interest
- Who is the Client- Be Clear on This BEFORE Representation Begins
- Duties to the Pro Bono Client
- Competence
- Confidentiality
- Communication
- Safekeeping Property
- No Frivolous Actions
- Fairness
- Unmeritorious Claims
- No Sex
B. The Difficult Client
- Termination of Employment
- Confidentiality, Death and Imminent Bodily Injury Exception
- Client With Diminished Capacity
- Advising Violation of Law
C. The Difficult Pro Bono Attorney
- Breach of Duty
- Termination
- Responsibility of Pro Bono Coordinator
- Responsibility of Other Volunteers
D. Fees, Costs & Sanction Awards
- Financial Arrangements With Non Lawyers
- Financial Arrangements With Lawyers
- Costs and Expenses
- Fee Awards
- Lawyer Referral Services
- The Self Represented Litigant
- Opposing Party
- Gifts for Services
Elizabeth Bluestein, Janice Cho, Amy J. Fitzpatrick, Robert A. Hawley, Bruce Ives, Toby Rothschild, Jean M. Wilkinson
10:45 Networking Break
11:00 Pro Bono Models: Specific Application of Pro Bono in Various Practice Settings
- Pro Bono and Solo Practice
- Pro Bono and Government Practice
- Pro Bono for the Difficult Client
- Pro Bono “Fees and Costs”
- Pro Bono through Corporate In-House Counsel
- Pro Bono in Partnerships/Different Areas of Law
- Pro Bono and Limited Scope Representation
Elizabeth Bluestein, Janice Cho, Amy J. Fitzpatrick, Robert A. Hawley, Bruce Ives, Toby Rothschild, Jean M. Wilkinson
12:30 Adjourn
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.
PLI's Live Webcasts are approved for MCLE credit (
unless otherwise noted in the product description) in the following states/territories: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana
1, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York
2, Ohio
3, Oklahoma, Oregon*, Pennsylvania
4, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia
5, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.
*PLI will apply for credit upon request.
Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.
1Indiana: Considered a distance education course. There is a 6 credit limit per year.
2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.
3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.
4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.
5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.
Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.
Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: info@pli.edu.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.