Iowa R. Prof'l Conduct 32:6.1

Every lawyer has a professional responsibility to provide legal services to those unable to

pay. A lawyer should aspire to render at least 50 hours of pro bono publico legal services per

year. In fulfilling this responsibility, the lawyer should:

(a) provide a substantial majority of the 50 hours of legal services without fee or expectation

of 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; and

(b) provide any additional services through:

(1) delivery of legal services at no fee or substantially reduced fee to individuals, groups,

or organizations seeking to secure or protect civil rights, civil liberties, or public rights,

or charitable, religious, civic, community, governmental, and educational organizations in

matters in furtherance of their organizational purposes, where the payment of standard legal

fees would significantly deplete the organization’s economic resources or would be otherwise

inappropriate;

(2) delivery of legal services at a substantially reduced fee to persons of limited means; or

(3) participation in activities for improving the law, the legal system, or the legal profession.

In addition, a lawyer should voluntarily contribute financial support to organizations that

provide legal services to persons of limited means.

Comment

[1] Every lawyer, regardless of professional prominence or professional work load, has a

responsibility to provide legal services to those unable to pay, and personal involvement in the

problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. It

is recognized that in some years a lawyer may render greater or fewer hours than the annual standard

specified, but during the course of his or her legal career, each lawyer should render on average per

year, the number of hours set forth in this rule. Services can be performed in civil matters or in

criminal or quasi-criminal matters for which there is no government obligation to provide funds for

legal representation.

[2] Paragraphs (a)(1) and (2) recognize the critical need for legal services that exists among

persons of limited means by providing that a substantial majority of the legal services rendered

annually to the disadvantaged be furnished without fee or expectation of fee. Legal services under

these paragraphs consist of a full range of activities, including individual and class representation,

the provision of legal advice, legislative lobbying, administrative rule making, and the provision of

free training or mentoring to those who represent persons of limited means. The variety of these

activities should facilitate participation by government lawyers, even when restrictions exist on their

engaging in the outside practice of law.

[3] Persons eligible for legal services under paragraphs (a)(1) and (2) are those who qualify

for participation in programs funded by the Legal Services Corporation or by the Iowa Lawyer

Trust Account Commission, or other comparable non-profit programs offering legal services to the

economically disadvantaged, and those whose incomes and financial resources are slightly above the

guidelines utilized by such programs but, nevertheless, cannot afford counsel. Legal services can be

rendered to individuals or to organizations such as homeless shelters, battered women’s centers, and

food pantries that serve those of limited means. The term “governmental organizations” includes, but

is not limited to, public protection programs and sections of governmental or public sector agencies.

[4] Because service must be provided without fee or expectation of fee, the intent of the lawyer to

render free legal services is essential for the work performed to fall within the meaning of paragraphs

(a)(1) and (2). Accordingly, services rendered cannot be considered pro bono if an anticipated fee

is uncollected, but the award of statutory attorneys’ fees in a case originally accepted as pro bono

would not disqualify such services from inclusion under this section. Lawyers who do receive fees

in such cases are encouraged to contribute an appropriate portion of such fees to organizations or

projects that benefit persons of limited means.

[5] While it is possible for a lawyer to fulfill the annual responsibility to perform pro bono

services exclusively through activities described in paragraphs (a)(1) and (2), to the extent that any

hours of service remained unfulfilled, the remaining commitment can be met in a variety of ways as

set forth in paragraph (b). Constitutional, statutory, or regulatory restrictions may prohibit or impede

government and public sector lawyers and judges from performing the pro bono services outlined

in paragraphs (a)(1) and (2) and paragraphs (b)(1) and (2). Accordingly, where those restrictions

apply, government and public sector lawyers and judges may fulfill their pro bono responsibility by

performing services outlined in paragraph (b)(3), to the extent permitted by such restrictions.

[6] Paragraph (b)(1) includes the provision of certain types of legal services to those whose

incomes and financial resources place them above limited means. It also permits the pro bono

lawyer to accept a substantially reduced fee for services. Examples of the types of issues that

may be addressed under this paragraph include First Amendment claims, Title VII claims, and

environmental protection claims. Additionally, a wide range of organizations may be represented,

including social service, medical research, cultural, and religious groups.

[7] Paragraph (b)(2) covers instances in which lawyers agree to and receive a modest fee for

furnishing legal services to persons of limited means. Participation in judicare programs and

acceptance of court appointments in which the fee is substantially below a lawyer’s usual rate are

encouraged under this paragraph.

[8] Paragraph (b)(3) recognizes the value of lawyers engaging in activities that improve the law,

the legal system or the legal profession. Serving on bar association committees, serving on boards of

pro bono or legal services programs, taking part in Law Day activities, acting as a continuing legal

education instructor, a mediator or an arbitrator, and engaging in legislative lobbying to improve the

law, the legal system, or the profession are a few examples of the many activities that fall within this

paragraph.

[9] Because the provision of pro bono services is a professional responsibility, it is the individual

ethical commitment of each lawyer. Nevertheless, there may be times when it is not feasible for

a lawyer to engage in pro bono services. At such times a lawyer may discharge the pro bono

responsibility by providing financial support to organizations providing free legal services to persons

of limited means. Such financial support should be reasonably equivalent to the value of the hours

of service that would have otherwise been provided. In addition, at times it may be more feasible to

satisfy the pro bono responsibility collectively, as by a firm’s aggregate pro bono activities.

[10] Because the efforts of individual lawyers are not enough to meet the need for free legal

services that exists among persons of limited means, the government and the profession have

instituted additional programs to provide those services. Every lawyer should financially support

such programs, in addition to either providing direct pro bono services or making financial

contributions when pro bono service is not feasible.

[11] Law firms should act reasonably to enable and encourage all lawyers in the firm to provide

the pro bono legal services called for by this rule.

[12] The responsibility set forth in this rule is not intended to be enforced through disciplinary

process.