Ethical Considerations When Rendering Pro Bono Service Friday, September 28, 2018 Crowne Plaza Hotel – Addison, Texas Katrina L. Lea, M.A.

PRO BONO GUIDELINES AND DEFINITIONS NALA’s Comments to Guideline No. 4 of the Model Standards and Guidelines for Utilization of Legal Assistants states, “The working relationship between the lawyer and the legal assistant should extend to cooperative efforts on public service activities where possible.” Participation in pro bono activities is strongly encouraged in the American Bar Association’s (ABA) Model Guidelines for the Utilization of Paralegal Services. Comment to Guideline 10: A lawyer who employs a paralegal should facilitate the paralegal’s participation in appropriate continuing education and pro bono publico activities, which states in part: “. . . Recognition of the paralegal’s role in such services is consistent with the role of the paralegal in the contemporary delivery of legal services generally and is also consistent with the lawyer’s duty to the legal profession under Canon 2 of the Model Code . . . ” According to Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed., the Latin phrase “pro bono publico” means ‘to undertake professional work, voluntarily, without pay or for a reduced fee’.   Pro bono in its shortened, English form means, ‘for the public good; for the welfare of the whole’.

PRO BONO & ETHICS While providing pro bono service, paralegals should be just as diligent to maintain high ethical standards in the following areas, as they are in their day-to-day jobs: Attorney supervision Confidentiality Conflicts of interest Notary Laws Privilege Professionalism Unauthorized practice of law (UPL)

PRO BONO BENEFITS Wonderful way to give back to the community Provide needed assistance Make a meaningful contribution Obtain practical experience in the legal field Although usually unpaid, gain experience, exposure, and opportunities to network with other legal professionals; especially if the volunteer organization/event aligns with the paralegal’s interests, past/present experience, and education. Pro bono service can also lead to job prospects as most often the team consists of lawyers, judges, community leaders, recruiters, legal vendors, etc. With attorney supervision, pro bono paralegal volunteers can conduct research, document preparation, intake interviews, provide notary services, electronically file pleadings, and serve as witnesses at estate/will/probate clinics altruism, increased experience, personal development, professional advancement, networking, and fun

PRO BONO PARALEGAL OPPORTUNITIES legal aid organizations local bar associations paralegal divisions of the state bar non-profit organizations community/religious based organizations state bar associations local/state/national paralegal organizations national law centers/projects https://www.probono.net/aba_oppsguide/

Whereas, it may be easy to become overwhelmed when attempting to locate or decide which pro bono activity to join, paralegals should always be mindful of ethical implications and avoid involvement with any organization or person of questionable character. Avoid burnout and disappointment by maintaining a balance, setting boundaries, and choosing programs which fuel your passion.