D.P.R. Loc. Civ. R. 83L

(a) General.

Pursuant to 28 U.S.C. §1915 (e), this rule and the American Bar Association Rules of

Professional Conduct, each member of the trial bar has the responsibility to represent any person

unable to afford counsel. The pro se rules provide for the reimbursement of expenses of counsel

appointed under this rule. The admission fees collected when counsel join the trial bar form a major

source of the funds used to pay the expenses. The procedures for appointment involve selecting

from a current panel of members of the bar as set forth below.

(b) Definitions.

The following definitions shall apply to the pro bono program:

(1) The term “appointment of counsel” shall mean the appointment of a member

of the trial bar to represent a party who lacks the resources to retain counsel

by any other means. The appointment shall only be in a civil action and shall

not include any appointment made pursuant to the Criminal Justice Act of

1964, 18 U.S.C. § 3006A.

(2) The term “panel” shall mean those members of the trial bar who have

volunteered for appointment and those whose names were selected pursuant

to section (c).

(3) The terms “pro bono rules” and “pro bono program” shall refer to this Rule.

(c) Creating the Panel.

From time to time, the clerk shall select names at random from the trial bar to create a panel

to be used in assigning members of the bar to provide pro bono representation to indigent persons

in civil cases. The panels are formed annually. The names are selected in a manner that no member

of the trial bar is selected for a subsequent panel until all other members of the bar have been

selected.

(d) Notification to Panel.

Following the selection of a panel, the clerk shall notify each member and obtain from each

the following information to be used in assigning counsel from the panel:

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(1) counsel’s prior civil trial experience, including a general indication of the

number of trials and areas of trial experience;

(2) counsel’s ability to consult and advise in languages other than English;

(3) counsel’s preferences for appointment among the following types of matters:

A. Social Security appeals;

B. employment discrimination actions;

C. civil rights actions filed by persons in custody; and

D. other civil rights actions.

(4) Information supplied by counsel may be amended at any time by letter.

(e) Exemptions.

A member of the trial bar–

(1) whose principal place of business is outside of this district, or

(2) who is employed full-time by an agency of the United States, a state, a

county, a municipality or any of their sub-divisions, or

(3) who is employed full-time by a not-for-profit legal aid organization,

shall, when selected for a panel, be removed from it and returned to the pool. That removal,

however, shall not preclude counsel from being selected for a subsequent panel.

(f) Volunteers.

A member of the trial bar may volunteer to be included in a panel. Whenever a volunteer is

appointed, the clerk, as part of the notification process, will ask the volunteer to elect one of the

following options:

(1) the volunteer’s name will be moved to the end of the list of names on the

panel, or

(2) the volunteer’s name will be removed from the panel and either replaced after

a specified time period or at the request of the volunteer.

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The clerk will make a similar request of any volunteer whose name has been on a panel for

12 months and who has not been appointed during that time.

The only exemption from being included on a panel is the limited one granted to members

of the groups specified in section (e).

(g) Application.

Any application for the appointment of counsel by a party appearing pro se shall be made on

a form approved by the court. The application shall include a form of affidavit stating the party’s

efforts, if any, to obtain counsel by means other than appointment and indicating any prior pro bono

appointments of counsel to represent the party in cases brought in this court, including both pending

and previously terminated actions. A completed copy of an affidavit of financial status shall be

attached to the application. The c lerk shall provide the application forms and financial status

affidavits on request, together with a cover sheet informing the party of the following:

(1) the steps needed to complete and file the application;

(2) the party’s responsibility under this rule to pay expenses to the extent

reasonably feasible based on the party’s financial condition;

(3) the party’s responsibility under this rule to pay part or all of counsel’s fees

to the extent reasonably feasible based on the party’s financial condition;

(4) the provisions of 42 U.S.C. §2000e-5(k) and 42 U.S.C. §1988(b) and (c) for

the award of attorney’s fees to prevailing parties in Title VII employment

discrimination actions and civil rights actions; and

(5) the provisions for awarding statutory attorney’s fees from any award of

retroactive disability benefits in social security appeals.

Failure of a party to make a written application for appointed counsel shall not preclude

appointment.

(h) Reapplication.

A pro se party who was ineligible for appointed counsel at the outset of the litigation who

later becomes eligible by reason of changed circumstances may apply for appointment of counsel

within a reasonable time after the change in circumstances has occurred. The procedures set out in

section (g) shall be followed in making the reapplication.

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(I) Factors Used in Determining Whether to Appoint.

Upon receipt of an application for the appointment of counsel, the judge shall determine

whether counsel is to be appointed to represent the pro se party pursuant to 28 U.S.C. §1915(e).

That determination shall be made within a reasonable time after the application is filed.

The following factors will be taken into account in making the determination:

(1) the potential merits of the claims as set forth in the pleadings;

(2) the nature and complexity of the action, both factual and legal, including the

need for factual investigation;

(3) the presence of conflicting testimony calling for a lawyer’s presentation of

evidence and cross-examination;

(4) the capability of the pro se party to present the case;

(5) the inability of the pro se party to retain counsel by other means;

(6) the degree to which the interests of justice will be served by appointment of

counsel, including the benefit the court may derive from the assistance of

appointed counsel; and

(7) any other factor deemed appropriate by the judge.

(j) Order of Appointment.

Whenever the judge concludes that the appointment of counsel is warranted, the judge shall

enter an order pursuant to 28 U.S.C. §1915(e) directing the appointment of counsel to represent the

pro se party. The judge may specify in the order of appointment an area of expertise or preference

so that the clerk may select a prospective appointee who indicated preference for that area, if one

is available. The order shall be transmitted forthwith to the clerk. If service of the summons and

complaint has not yet been made, an order directing service by the marshal or by other appropriate

method of service shall accompany the appointment order.

The selection of a member of the panel for appointment pursuant to the appointment order

will normally be made in accordance with section (i). The court may determine that an appointment

be made, however, in any of the following manners:

(1) Where the pro se party has one or more other cases pending before this court

in which counsel has been appointed, the judge may determine it to be

appropriate that counsel appointed in the other case or cases be appointed to

represent the pro se party in the case before the judge.

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(2) Where the judge finds that the nature of the case requires specific expertise

and among the panel members available for appointment there are some with

the required expertise, the judge may direct the clerk to select counsel from

among those included in the group or may designate a specific member of the

group.

(3) Where the judge finds that the nature of the case requires specific expertise

and none of the panel members available for appointment has indicated that

expertise, the judge may appoint counsel with the required expertise who is

not on the panel.

In order to assist the judge in determining whether or not to make a direct appointment under

subsection (1) of this section, the clerk shall provide on request the case number, case title, judge

to whom assigned, and name of counsel appointed of each case currently pending before the court

in which the pro se party has had counsel appointed.

(k) Selection of Attorney to be Appointed.

Except where another method of appointment is ordered pursuant to section (h), the clerk,

on receipt of the order of appointment, shall select a name from the panel in the following manner:

(1) Where the order specifies a particular area of expertise or a preference, the

clerk shall select the first available panel member indicating the expertise or

preference. If no person with the expertise or preference is found, the next

available person listed on the panel shall be selected.

(2) Where the order does not specify any area of expertise or preference, the

clerk shall select the first available person listed on the panel.

(l) Notice of Appointment.

After counsel has been selected, the clerk shall file counsel’s appearance through CM/ECF.

The clerk shall also immediately send written notice of the appointment.

(m) Stay of Proceedings.

The court will stay all proceedings in the action for a period of thirty (30) days from the date

the attorney is appointed by the court to represent the pro se litigant. The purpose of the stay is to

permit the appointed counsel sufficient time to meet and interview the client, review the case file

and conduct preliminary investigation and legal research.

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(n) Making Private Counsel Court-Appointed.

Where a party is represented by counsel and because of the party’s financial condition both

the party and counsel wish to change the nature of the representation to court-appointed

representation in order that counsel may be eligible for reimbursement of expenses from the Court’s

fund pursuant to this Rule, counsel may petition the court to be court-appointed counsel. The

petition shall indicate that if the court grants the petition, existing fee agreements between the party

and counsel shall no longer be enforceable and that subsequent fee agreements between the party and

counsel may only be made in accordance with the provisions of this rule. The judge shall grant the

petition only if the judge would have granted an application filed under this rule had the party not

been represented by counsel. Where the party is represented by more than one counsel, any order

of appointment under this section shall preclude prospective operation of fee agreements with all

counsel, but shall appoint only those counsel wishing to be appointed.

(o) Duties and Responsibilities of Appointed Counsel.

Promptly following the clerk’s filing of counsel’s appearance, counsel shall communicate

with the newly represented party concerning the action. In addition to a full discussion of the merits

of the dispute, counsel shall explore with the party any possibilities of resolving the dispute in other

forums, including, but not limited to, administrative forums. If, after consultation with counsel, the

party decides to prosecute or defend the action, counsel shall proceed to represent the party in the

action unless or until the attorney-client relationship is terminated.

Except where the appointment is terminated pursuant to this rule, each appointed counsel

shall represent the party in the action from the date the clerk enters counsel’s appearance until a final

judgment is entered in the action. If the matter is remanded to an administrative forum, the

appointed counsel shall, unless given leave to withdraw by the judge, continue to represent the party

in any proceeding, judicial or administrative, that may ensue upon an order of remand. The

appointed counsel is not required by these rules to continue to represent a party on appeal should the

party represented wishes to appeal from a final judgment.

(p) Grounds for Relief from Appointment Application.

After appointment, counsel may apply to be relieved of an order of appointment only on the

following grounds or on other grounds as the appointing judge finds adequate for good cause

shown:

(1) A conflict of interest precludes counsel from accepting the responsibilities of

representing the party in the action.

(2) In counsel’s opinion, counsel is not competent to represent the party in the

particular type of action assigned.

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(3) A personal incompatibility or a substantial disagreement on litigation strategy

exists between counsel and the party.

(4) Because of the temporary burden of other professional commitments involved

in the practice of law, counsel lacks the time necessary to represent the party.

(5) In counsel’s opinion, the party is proceeding for purpose of harassment or

malicious injury, or the party’s claims or defenses are not warranted under

existing law and cannot be supported by good faith arguments for extension,

modification, or reversal of existing law.

(6) For other good cause shown. Reasons which may constitute good cause for

the striking of an attorney’s name shall include, but are not limited to,

infirmity, retirement, and prior recent appointment from the panel.

Any application by appointed counsel for relief from an order of appointment on any of the

grounds set forth in this section shall be made to the judge promptly after the attorney becomes

aware of the existence of the grounds, or within an additional period as may be permitted by the

judge for good cause shown, not to exceed thirty (30) days after learning of the facts warranting such

relief. The application shall be a privileged court document kept under seal and shall not be

available in discovery or otherwise used in litigation. If the attorney’s name is stricken for a specified

period of time, then the attorney’s name shall be reinstated at the expiration of that period unless the

judge has ruled to the contrary.

(q) Order Granting Relief.

If an application for relief from an order of appointment is granted, the judge may issue an

order directing the appointment of another counsel to represent the party. The appointment shall be

made in accordance with the procedures set forth in this Rule. Alternatively, the judge shall have

the discretion not to issue a further order of appointment, in which case the party shall be permitted

to prosecute or defend the action pro se.

Where the judge enters an order granting relief from an order of appointment on the grounds

that counsel lacks the time to represent the party due to a temporary burden of other professional

commitments, the name of counsel so relieved shall, except as otherwise provided in the order,

automatically be included among the names selected for the next panel.

(r) Discharge of Appointed Counsel on Request of Party.

Any party for whom counsel has been appointed shall be permitted to request the judge to

discharge him or her from the representation and to appoint another. The request shall be made

within thirty (30) days after the party’s initial consultation with the appointed attorney, or within

an additional period as permitted by the judge for good cause shown.

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When the request is supported by good cause, such as personal incompatibility or a

substantial disagreement on litigation strategy between the party and appointed counsel, the judge

shall forthwith issue an order discharging and relieving appointed counsel from further

representation of the party in the action or appeal. Following the entry of such an order of discharge,

the judge may, in his or her discretion, enter another order directing the appointment of another

counsel to represent the party. In any action where the judge discharges appointed counsel but does

not issue another order of appointment, the party shall be permitted to proceed pro se.

In any action where a second counsel is appointed and subsequently discharged upon request

of a party, no additional appointment shall be made except on a strong showing of good cause. Any

appointment made following the entry of an order of discharge shall be made in accordance with

the procedures set forth in that Rule.

(s) Status Conference at Expiration of Stay.

As near a time as is practical after the expiration of the stay of proceedings in any referred

case, the court shall conduct a status conference with all parties represented. One purpose of the

status conference shall be to consider whether expedited discovery or other proceedings are

appropriate to facilitate efficient resolution of the case.

(t) Expenses.

The party shall bear the cost of any expense of the litigation to the extent reasonably feasible

in light of the party’s financial condition. Expenses shall include, but not be limited to, discovery

expenses, subpoena and witness fees, transcript expenses and translations. Appointed counsel or the

firm with which counsel is affiliated may advance part or all of the payment of any expense without

requiring that the party remain ultimately liable for the expenses, except out of the proceeds of

any recovery. The attorney or firm shall not be required, however, to advance the payment of

expenses.

At the conclusion of the case, to the extent that appointed counsel seeks reimbursement for

expenses that are recoverable as costs to a prevailing party under Fed. R. Civ. P. 54 or 28

U.S.C.§1920, the appointed attorney must submit a verified bill of costs and not attempt to recover

those expenses from the Fund.

If the party is subsequently reimbursed for an expense that had been funded in whole or in

part from the Fund, the party shall be required to reimburse the Fund. In addition, any expense paid

pursuant to this section must be repaid to the court upon recovery of judgment or monetary

settlement.

Expenses incurred by appointed counsel or the firm with which counsel is affiliated may be

reimbursed from the court’s fund in accordance with the provisions of the Regulations Governing

the Reimbursement of Expenses in Pro Bono Cases. The clerk will provide copies of the regulations

on request.

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(u) Attorney's Fees; Party’s Ability to Pay.

Where as part of the process of appointing counsel the judge finds that the party is able to

pay for legal services in whole or in part but that appointment is justified, the judge shall include in

the order of appointment provisions for any fee arrangement between the party and the appointed

counsel.

If after appointment counsel discovers that the party is able to pay for legal services in whole

or in part, counsel shall bring that information to the attention of the judge. The judge may then

either (1) authorize the party and counsel to enter into a fee agreement subject to the judge’s

approval, or (2) relieve counsel from the responsibilities of the order of appointment and either

permit the party to retain an attorney or to proceed pro se.

(v) Fee Agreements Prohibited; Exceptions.

Because the representation of the party was not voluntary at its inception and because the

party is not represented in dealing with appointed counsel, appointed counsel shall, except as

otherwise provided in this rule, neither (1) enter into a binding fee arrangement of any type with the

party, nor (2) make such an arrangement a condition to undertaking or continuing the representation.

Where it appears that a reasonable settlement is possible, appointed counsel may enter into

a provisional fee agreement with the party counsel was appointed to represent. The provisional fee

agreement shall be presented to the court for approval.

(w) Allowance of Fees.

Upon appropriate application by appointed counsel, the judge may award attorney’s fees to

appointed counsel for services rendered in the action as authorized by applicable statute, regulation,

rule, or other provision of law, including case law.

Should the appointed counsel, however, recover attorney’s fees by court award as provided

by law or by settlement, any fee previously advanced by the court shall be repaid out of the

recovery.

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