Legal Ethics for Pro Bono Lawyers ALABAMA STATE BAR & AMERICAN BAR ASSOCIATION NATIONAL PRO BONO CELEBRATION CONTINUING LEGAL EDUCATION PROGRAM FOR 1 HOUR.

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Presentation transcript:

Legal Ethics for Pro Bono Lawyers ALABAMA STATE BAR & AMERICAN BAR ASSOCIATION NATIONAL PRO BONO CELEBRATION CONTINUING LEGAL EDUCATION PROGRAM FOR 1 HOUR OF ETHICS CREDIT BY JEFFREY R. BAKER ASSOCIATE PROFESSOR OF LAW DIRECTOR OF CLINICAL PROGRAMS FAULKNER UNIVERSITY THOMAS GOODE JONES SCHOOL OF LAW

Gratitude and Acknowledgements Alabama State Bar: President James Pratt Past President Alyce Spruell Task Force Chair James Terrell VLP Director Linda L. Lund Jeanne Dowdle Rasco American Bar Association Martha Delaney, Deputy Director Volunteer Lawyers Network Dr. Ruby K. Payne, A F RAMEWORK FOR U NDERSTANDING P OVERTY

Preamble: A Lawyer’s Responsibilities In all professional functions a lawyer should be competent, prompt and diligent.... A lawyer should be mindful of the deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance, and should therefore devote professional time and civic influence in their behalf. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest.... M ODEL R. P ROF ’ L. C ONDUCT, Preamble, ¶ ¶ 4, 6 (quoted in pertinent part).

Competence A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. M ODEL R. P ROF ’ L. C ONDUCT 1.1

Communication (a) A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent... is required by these Rules; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. MODEL R. PROF’L. CONDUCT 1.4.

A H IGHER D UTY ? P ITY OR C OMPASSION ?

Thanks! Do some good.