ILNews

Task force makes recommendations for pro bono reporting

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT