Pro Bono Explained

Most of us will need a lawyer’s help at some point in our lives. You may receive a traffic ticket and want to contest it, or perhaps you’ll need an estate attorney to draft a will for you and your spouse. Regardless of the reason, it’s important to understand your options when hiring an attorney.

Just because we may need a lawyer doesn’t mean we can all afford one. If you’ve fallen on hard times and are fighting an eviction, going to a local legal aid office for help might be your best option. This may also help if your son or daughter gets arrested for DUI, and you don’t have the money to hire a private criminal defense lawyer.

Some lawyers will accept a case without charging a fee. When they agree to do this, they are offering to handle a case “pro bono.”

In this article, we’ll explain how pro bono works in the legal profession. We’ll discuss pro bono legal services and explain how to access various pro bono programs. If you currently need legal advice, visit FindLaw’s attorney directory to find local attorneys who focus on your area of concern. In their profiles, you can find important information, such as whether they offer free consultations.

What Does Pro Bono Mean?

“Pro bono publico” (“pro bono”) is a Latin phrase that means “for the public good.” As the term suggests, attorneys do pro bono work not to make a profit, but to serve the public interest. This type of work benefits individuals and communities that would otherwise lack access to legal assistance.

Pro bono work can take many forms. Some law firms participate in initiatives to provide disaster relief. Others may focus on helping veterans or families with special needs. Some members of the legal system handle pro bono cases that impact social issues, such as helping victims of domestic violence.

Pro bono work can cover a wide range of legal matters. Certain areas, like family law, housing, immigration, and civil rights, are more commonly handled on a pro bono basis than others.

Is Pro Bono Really Free?

While “pro bono” really does mean free legal services, there may be legal costs associated with your case that have nothing to do with your attorney. For example, you may have to pay filing fees and other court costs. It’s one thing for an attorney to handle your case for free. It’s another thing entirely to expect them to pay out-of-pocket for the expenses related to your case.

You have options when it comes to paying these out-of-pocket expenses:

• Fee waivers: In some cases, you can request a fee waiver from the courts or a government agency. Qualifying for a waiver depends on the type of case and the rules of your jurisdiction.
• Seeking “attorney’s fees” from the opposing party: In most cases, each party pays its own attorney’s fees. However, certain types of cases, such as civil rights violations, employment discrimination, or consumer protection matters, have specific laws that allow courts to order the losing party to pay the winner’s attorney’s fees. Whether fee awards are available depends on the type of case and applicable law.
• Sharing court costs: In some instances, your pro bono attorney may offer to share the costs with you. This is something your pro bono attorney will discuss with you before you sign your retainer agreement.

A pro bono attorney will never charge you for providing legal services or legal advice. If that’s the case, it isn’t pro bono work. If your lawyer charges you any fee, then they are not handling your case pro bono.

Why Do Law Firms Offer Pro Bono Opportunities?

Participating in pro bono activities offers significant benefits to attorneys and law firms. For one, the American Bar Association (ABA)’s Model Rules of Professional Conduct encourage attorneys to undertake at least 50 pro bono hours per year to increase access to justice. While this is aspirational and not legally required in most jurisdictions, some states do require attorneys to report their pro bono hours or participate in pro bono activities.

From the perspective of law firms and non-profit organizations, giving back to the community is a good business model. Offering free legal assistance demonstrates to people that attorneys genuinely care about their clients and the communities they serve.

Some lawyers undertake pro bono work to gain exposure to various types of legal work. A lawyer may take on a pro bono case to keep their trial skills sharp. Others may look to expand and refine existing skills.​

The Same Quality of Representation

Another common and understandable question for pro bono clients is whether they will get the same quality of work as the attorney’s other, paying clients. The short answer is yes.

Whether you are paying your attorney or not, once the attorney agrees to represent you, you have the same rights as any other client. If your pro bono attorney agrees to represent you and then fails to do anything or otherwise makes bad mistakes, you can sue them for malpractice. All the same legal and ethical rules that apply to paying clients also apply to pro bono clients.

An attorney may limit their pro bono representation to one specific issue. Let’s say you are getting a divorce and also dealing with an immigration issue. An attorney may agree to help you with the immigration issue pro bono, but it may be too expensive or outside of their area of expertise for them to take on the divorce work as well. Your pro bono attorney will make it clear at the outset the exact scope of their representation in your retainer agreement.

Eligibility for Pro Bono Representation

Not everybody is eligible to take advantage of pro bono services. First and foremost, free legal aid is only available to people with limited incomes. To qualify for pro bono representation, you must earn less than 125-200% of the federal poverty line. The specific income threshold varies by organization and jurisdiction. Check with your local legal aid office for their current guidelines.

In addition to having a qualifying income level, other factors may impact your ability to secure pro bono legal services, including:

• The type of case you need help with
• Whether you belong to a vulnerable population
• The status of your case
• Whether you have assets or access to resources
• Documentation available related to your case

Even if you aren’t the ideal candidate for pro bono work, that doesn’t mean you won’t find free legal help. Many law schools have clinics run by law students who handle pro bono cases. Some students even get academic credit for assisting with these pro bono clinics.

Organizations That Offer Low-Cost Legal Help

Several organizations represent clients who cannot afford legal fees. Legal Aid is the most well-known agency that offers free legal services to low-income populations. Legal Aid organizations operate at the state level, which means that every state may have different capabilities for taking on cases.

Keep in mind that there’s a difference between legal aid and pro bono work: Legal aid organizations are non-profit law firms with staff attorneys dedicated to serving low-income clients. Pro bono work, by contrast, typically involves private attorneys or law firms voluntarily taking cases without charge alongside their regular paid work. Both provide free legal services, but through different structures.

Some of the other places you can access free or low-cost legal help include:

• State and local bar associations
• Online directories
• Legal aid hotlines
• Law schools
• Pro bono clinics (often run by bar associations or law schools)
• Volunteer attorneys
• Other non-profits

There are a fair number of organizations that offer free legal help as a public service. Hopefully, one is a good fit for you.

What if You Don’t Qualify for Free Legal Services?

Even if your income falls within the parameters for pro bono help, that doesn’t necessarily mean you will find an attorney to handle your case pro bono. You may have to find alternative solutions to meet your legal needs.

For example, some law offices accept cases on a contingency basis. This is the case for most personal injury law firms. When a lawyer handles a case on a contingency basis, they do not receive payment until their client wins or settles their case. If their client does not recover compensation, the attorney gets nothing.

Unlike pro bono representation, where the attorney receives no payment, in contingency cases, the attorney receives a percentage of any settlement or judgment you win, often between 33% and 40%. While you don’t pay legal fees upfront, you may still be responsible for court costs and other case expenses, even if you don’t win.

If you’re unable to secure pro bono services, don’t discount hiring a lawyer. When you first meet with a prospective attorney, ask them about their fee structure. Some lawyers allow clients to pay legal fees under an installment plan. Other times, you may find a company that allows you to pay a monthly fee for general legal services.

Contact Your Local Organization or Law Office for Help

It can be challenging to find an attorney willing to handle your case without charging a fee. However, there are likely organizations in your area that can provide assistance. You can also visit FindLaw’s related pro bono articles and attorney directory.

Some of these resources include:

• How To Get Pro Bono Services
• Find Free Legal Help in Your State
• How Pro Bono Cases Work
• Do You Qualify for Free Legal Aid?
• Types of Free Legal Services
• When You Can’t Afford a Lawyer: Do-It-Yourself (DIY) vs. Low‑Cost Legal Help