Board Issue Paper - Pro Bono Publico

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Bar Issue Papers

Pro Bono Publico
(For the Good of the Public)

I. Issue:
The report of The Florida Bar/Bar Foundation Joint Commission on the Delivery of Legal Services to the Indigent in Florida (Feb. 1991), estimated that only 20 percent of the legal needs of the poor were being met.
In response to this need, the Florida Supreme Court ruled that lawyers should aspire to do 20 hours of pro bono a year or contribute $350 to a legal aid organization. Although this goal, set by the Court, is not mandatory, individual reporting of pro bono hours or dollars contributed (if any) is required. This decision does not force involuntary servitude on lawyers, but it does provide a necessary and accurate picture of the need and fulfillment of legal aid to indigent Floridians.

II. Bar Position:

A. American Bar Association Position:
The American Bar Association elected to encourage lawyers to volunteer more services to the indigent. The American Bar Association Model Rules of Professional Conduct Rule 6.1 (1993) states, "A lawyer should aspire to render at least 50 hours of pro bono publico legal services per year." The American Bar Association's House of Delegates, voted in February 1993, to amend rule 6.1. The Rule states, "a substantial majority" of the 50 hours should be devoted to serving people with limited means. The amended Rule provides that contributions in lieu of pro bono service are acceptable when pro bono service "is not feasible.''

B. The Florida Bar's Position:
The Florida Bar position regarding pro bono work is contained in the Rules Regulating The Florida Bar, Chapter 4 (Rules of Professional Conduct), section 6.1 which was replaced on June 23, 1993, by the Florida Supreme Court. The Court adopted the new rule based on recommendations of The Florida Bar/Florida Bar Foundation Joint Commission on the Delivery of Legal Services to the Indigent in Florida. The Florida Bar was the first state to adopt a required reporting rule.
In December 1998, The Florida Bar Government Lawyer Section voted to support legislative intent language to clarify that statutory restrictions on the private practice of law by government lawyers do not preclude the lawyers from providing pro bono legal services.

III. Background:

A. The Florida Bar Involvement:
For the first half of the 20th century, legal aid in Florida was provided primarily by bar-sponsored legal aid organizations and for many years, organized legal aid was a reality only in the larger cities. The '60s brought the formation of the Legal Services Corporation (LSC), a federally funded legal aid system.
In 1970, The Florida Bar commissioned a study of the legal needs of the poor in the state. This study, known as the "Levinson Report," found that only 21 of Florida's 67 counties had an organized program for providing legal services to the poor. A major recommendation was to form a nonprofit corporation for the expansion and coordination of legal services to the poor on a statewide basis.
In response, The Florida Bar, in cooperation with the Governor's Office and legal services programs, organized Florida Legal Services, Inc. (FLS) in 1974. Pro Bono involvement continued to suffer, however, because of a perception that LSC programs had eliminated the need for private lawyer participation. The falsity of the perception was illustrated by a 1982 Bar study which revealed that LSC could meet no more than a fraction of the needs of the poor and that bar-sponsored legal aid programs should be revitalized.
To encourage pro bono activities, the Bar established a project, now a part of Florida Legal Services, Inc., to coordinate pro bono participation with local LSC offices.
In 1982, The Florida Bar again asserted its role as a national leader in public service when it became the first state to implement an interest on trust accounts program (IOTA). The income generated by IOTA goes primarily to providing legal services to the poor.
In 1984, The Florida Bar Commission on Access to the Legal System was formed to explore alternatives to increase access to the legal system for the poor and middle class. The commission presented its finding to the Board of Governors in September 1985. A major commission recommendation was to request the Florida Supreme Court to modify the Code of Professional Responsibility changing the wording from "a lawyer should" to "a lawyer shall" provide pro bono service, which in effect would make such service mandatory. The Board of Governors did not adopt the mandatory provision, but voted to "encourage all Florida Bar members to redouble their efforts to contribute services to pro bono work.''
In 1990, the Joint Commission on the Delivery of Legal Services to the Indigent in Florida was conceived by The Florida Bar and The Florida Bar Foundation following the adoption of mandatory Interest on Trust Accounts (IOTA) by the Supreme Court of Florida. The agenda of the joint commission was expanded specifically to study the status and possible expansion of pro bono legal services in Florida after a petition commonly known as the "D'Alemberte Petition" was filed. On December 14, 1990, the court ruled that Florida Bar members have a duty to accept appointments from judges to represent indigents, even in civil cases. Further, the justices said, the court can enforce fulfillment of that obligation. The ruling, however, stopped short of ordering each circuit to develop its own plan for meeting the legal needs of indigents or of imposing a mandatory pro bono scheme.
On June 23, 1993, the Supreme Court of Florida adopted the Voluntary Pro Bono Plan as part of Rule 4-6, Public Service, Rules Regulating the Florida Bar. The plan requires Florida Bar members to annually report pro bono work and established an aspirational goal for attorneys to annually provide at least 20 pro bono hours contribute at least $350 to a legal aid organization. The Pro Bono Compliance Certificate appeared for the first time on The Florida Bar membership dues statement for Bar year 1994/95.
On May 22, 1997, the Supreme Court of Florida denied the petition to make pro bono reporting voluntary concluding that there had been no fundamental change in the circumstances surrounding the issue of pro bono reporting since the Court first determined that accurate reporting is essential for evaluating the delivery of legal services to the poor and for determining where such services are not being provided.

B. Judicial Involvement:
On February 20, 1992, the Supreme Court of Florida accepted the recommendations of The Florida Bar/Florida Bar Foundation Special Commission by adopting its comprehensive proposals to expand access for the poor to the justice system. The ruling called for lawyers to contribute at least 20 hours of free legal work for the poor or to donate $350 to legal service organizations that represent the indigent, the most comprehensive statewide system for volunteer legal assistance to the poor in the United States. The court also asked that a mandatory reporting rule be adopted whereby every lawyer reports pro bono contributions. The plan went into effect October 1, 1993 (see Bar position for Supreme Court adoption).

IV. Facts/Statistics:

The report of the Standing Committee on Pro Bono Services to the Supreme Court of Florida, The Florida Bar and The Florida Bar Foundation indicates that Florida Bar members personally reported the following hours of pro bono legal assistance donated to the poor and dollars contributed to legal aid organizations:

	Pro Bono Hours Donated	Pro Bono Dollars Contributed
July 1, 1993 - June 30, 1994	806,874	$1,518,781
July 1, 1994 - June 30, 1995	561,351	$876,837
July 1, 1995 - June 30, 1996	709,070	$1,169,718
July 1, 1996 - June 30, 1997	842,305	$1,427,263
July 1, 1997 - June 30, 1998	989,333	$1,861,627
July 1, 1998 - June 30, 1999	1,068,666	$1,688,708
July 1, 1999 - June 30, 2000	1,146,501	$1,642,033
July 1, 2000 - June 30, 2001	1,206,357	$2,314,181
July 1, 2001 - June 30, 2002	1,247,546	$2,459,660
July 1, 2002 - June 30, 2003	1,298,202	$3,746,150
July 1, 2003 - June 30, 2004	1,457,644	$3,790,700
July 1, 2004 - June 30, 2005	1,322,138	$3,408,484
July 1, 2005 - June 30, 2006	1,450,505	$3,924,792
July 1, 2006 - June 30, 2007	1,398,467	$4,446,486
July 1, 2007 - June 30, 2008	1,489,099	$5,288,466

The Tobias Simon Pro Bono Service Award began in 1982. The winners are:
1982 -- Ira J. Kurzban, Miami
1983 -- Philip J. Padovano, Tallahassee
1984 -- Neil H. Chonin, Coral Gables
1985 -- William J. Sheppard, Jacksonville
1986 -- Roderick N. Petrey, Miami
1987 -- Steven L. Seliger, Quincy
1988 -- Jean G. Booher, Fort Lauderdale
1989 -- Herbert L. Allen, Orlando
1990 -- Howard W. Dixon, Miami
1991 -- Alexandra St. Paul, Bradenton
1992 -- Steven M. Goldstein, Tallahassee
1993 -- Nancy S. Palmer, Maitland
1994 -- Allan Terl, Ft. Lauderdale
1995 -- Leon B. Cheek, III, Fern Park
1996 -- Richard C. Milstein, Miami
1997 -- James M. Russ, Orlando
1998 -- Vance E. Salter, Miami
1999 -- Daniel F. Wilensky, Jacksonville
2000 -- Victor M. Diaz, Miami
2001 --Gerald I Kornreich, Miami
2002 - -Maurice Wagner, Deltona
2003 -- Jacqueline Marie Valdespino, Miami
2004 -- Edward Waller, Tampa
2005 -- James M. Vanderplas, Indian Rocks Beach
2006 -- Katherine W. Ezell, Miami
2007 -- Talbot D'Alemberte, Tallahassee
2008 -- Sylvia Hardway Walbolt, Tampa
2009 -- Russell E. Carlisle, Ft. Lauderdale

In 1985, The Florida Bar was named a winner of the Harrison Tweed Award for its program of finding pro bono attorneys for indigent death row inmates for death-sentenced collateral appeals. The awards are sponsored by the ABA Standing Committee on Legal Aid and Indigent Defendants and the National Legal Aid and Defender Association.
Law firms receiving the Chief Justice of the Florida Supreme Court commendation for pro bono are: Thomson, Zeder, Bohrer, Werth, Adorno & Razook (1985); Holland & Knight (1990); Fine Jacobson Schwartz Nash Block & England (1991) and Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel (1991); Emmanuel, Sheppard & Condon (1992); Wooten, Honeywell & Kest, P.A. (1993); Steel Hector & Davis (1994); Fowler, White, Gillen, Boggs, Villareal and Banker, P.A. (1995); the Broward County Attorney's Office (1997); the Office of the Public Defender Thirteenth Judicial Circuit, (1998); Fisher & Sauls, P.A. (2000); Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A.(2001); Markowitz, Davis, Ringel & Trusty, P.A.(2002); Carlton Fields P.A. (2003); Kozyak, Tropin & Throckmorton, P.A. (2004); and, Barrett & Barrett, P.A. (2005).
Voluntary Bar Association Pro Bono Service Award from the Chief Justice of the Florida Supreme Court recipients have been: Hillsborough County Bar Association (1991); Orange County Bar Association (1992); Put Something Back, a combined effort of the 11th Judicial Circuit and the Dade County Bar Association (1993); Legal Aid Foundation of the Tallahassee Bar Association (1994); Escambia/Santa Rosa Bar Association (1995); Counsel for Cuban Detainees (1996); the Jacksonville Bar Association (1997); Hillsborough Association for Women Lawyers, Inc. (1998); Collier County Bar Association (1999); Bankruptcy Bar Association of the Southern District of Florida (2000); St. Petersburg Bar Association (2001); Jacksonville Bar Association (2002); Indian River County Bar Association (2003); and the Clearwater Bar Association (2005).
In January 1985, the Board of Governors voted to approve an "emeritus attorney" program allowing retired lawyers to provide free legal aid to indigents without being active members in good standing of The Florida Bar. (See Chapter 12, Rules Regulating The Florida Bar.)
In 1993, the Young Lawyers Division of The Florida Bar began bestowing The Young Lawyers Division Legal Aid Public Service Award. The recipients have been: Robert A. Williams, Tallahassee (1993); A. Bryant Applegate, Orlando (1994); Cheryl Little, Miami (1995); Robert L. Hamilton, Orlando (1996); Michelle Anchors, Tallahasssee (1997); Karen Josefsberg Ladis, Miami (1998); Scott E. Ray, Miami (1999); Steven H. Malone, West Palm Beach (2000); Jacqueline Hogan Scola, Miami (2001); Lawrence H. Kolin, Orlando (2002); Laurel F. Moore, Tampa (2003); Thomas A. Zehnder, Orlando (2004); and Melanie Damian (2005).

Prepared by The Florida Bar Department of Public Information and Bar Services with the assistance of the Public Services Programs Department.

[Revised: 07-09-2009 ]