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Task force makes recommendations for pro bono reporting

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As the Indiana Supreme Court continues to consider mandating all Indiana attorneys report the number of pro bono hours they work, a task force has proposed that the donated hours be disclosed publicly only in an aggregate form rather than identifying the number of pro bono hours performed by an individual or a firm..

The disclosure proposal was one of five recommendations made by the Indiana Pro Bono Commission’s Pro Bono Reporting Task Force. The Supreme Court asked the Commission to appoint an ad hoc task force to make suggestions on how a mandatory reporting requirement would be implemented.

Indiana Tax Court Judge Martha Blood Wentworth, chair of the commission and leader of the task force, emphasized that the task force has only offered proposals. How any reporting requirement would be implemented has not been determined.

“We are recommenders, we are not deciders,” Wentworth said. “We have been asked to recommend only.”

The Supreme Court also underscored that the recommendations have not been adopted. At this point, the justices have not discussed the report and the court is not expressing any opinion on any of the recommendations.

Task force members were unanimous on the public disclosure recommendation. The task force concluded giving the total number of pro bono hours worked instead of listing hours by attorneys would still serve the purpose of the reporting rule to more accurately determine how many pro bono hours are provided annually in Indiana.

In addition, opposition to publicizing the hours by attorney has been strong. The task force believed an aggregate approach would ease fears that the reporting rule was the first step toward auditing reported hours, disciplining noncompliance or mandating pro bono service.  

The five recommendations made by the task force are as follows:

1)    CLE: Do not waive continuing legal education requirements in exchange for pro bono legal service. Forgiving CLE hours for pro bono work could send the wrong message that donating legal services is more important than keeping abreast of practice techniques and changing laws.
2)    Public Disclosure: Publicly report the pro bono hours only in an aggregate manner. Do not identify the number of hours donated by individual or by firm.
3)    Definition of Pro Bono: Do not change the definition of “pro bono publico service” in the Professional Rule of Conduct 6.1. Although attorneys had requested the meaning of “pro bono” be clarified and broadened, the task force recommended against a rewrite because pro bono programs have been developed with the current definition in mind. However, the task force proposed a Frequently Asked Questions supplement should be widely available to give real world examples and guidance on the distinction between “pro bono” activities under Rule 6.1 and reportable “pro bono” activities under the proposed Rule 6.7.
4)    Draft Rule 6.7: Identify which pro bono legal services are reportable in the proposed Pro Bono Reporting Rule (Professional Rule of Conduct 6.7). Allow attorneys to make a financial contribution to a qualified entity as an alternative to providing pro bono service.
5)    Implementation: Add a field to the annual online attorney registration for Indiana attorneys to report their pro bono hours and/or a financial contribution. Noncompliance would be impossible. Each attorney would have to enter a number for either pro bono hours or financial contribution in order to proceed. Entering zeros would technically comply with the reporting rule.

The Indiana State Bar Association and the Indiana Pro Bono Commission are accepting comments on the proposals through Aug. 8. Attorneys can contact the ISBA at 317-639-5465 for further information. Attorneys can submit written comments to the Indiana Pro Bono Commission at 615. N. Alabama Street, #122, Indianapolis, IN 46204.

All comments will be forwarded to the Supreme Court administrator.  

Attorneys can access the report through the ISBA website by clicking here.
 

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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