For over ten years the Western Montana Bar Association has sponsored a Pro Bono Program to assist attorneys in fulfilling their pro bono ethical obligations. Rule 6.1 of the Rules of Professional Conduct states that a lawyer should render at least fifty (50) hours of pro bono publico legal services each year and that a substantial majority of the fifty (50) hours should be services without expectation of fees to persons of limited means or organizations in matters designed primarily to address the needs of persons of limited means.
The WMBA Pro Bono Program is undergoing substantial changes in the scope and method of it operations. These changes are based on accumulated experience, feedback from attorneys and clients, and new rules regarding limited scope representation. For most its history, the Program has involved the screening of low income clients by Montana Legal Service Association (MLSA) and then referral to a volunteer attorney for full, traditional representation in primarily family law matters. This will remain a core element of the Program. However, it has become increasingly apparent that:
- many attorneys who would like to participate in the Program do not have the time, ability or inclination to provide full representation in a contested family law matter; and
- many low income clients do not require full representation and can be adequatelyassisted with more limited services.
In order to more effectively respond to these realities, the WMBA Pro Bono Program is now facilitating pro bono service opportunities that include limited scope representation. The Montana Supreme Court has recently authorized new rules expressly authorizing and regulating limited scope services. Limited scope services which will be facilitated by the Pro Bono Program will include: participation in self-help clinics, document review, one time or otherwise limited telephone consultations, service as mediators and settlement masters, special limited scope court appearances and other similar limited services.
In the past, all clients were screened by MLSA and MLSA was able to provide malpractice insurance. The Program will now ask volunteer attorneys to indicate whether malpractice insurance is needed. If insurance is needed, the Program will assure that an attorney is only requested to provide services in a way the provides the insurance. If insurance is not needed, the Program will have more flexibility in how services are referred. For example, referrals may be made by the courts or by legal clinics. In all cases there will be a process for qualifying the clients for services.
The Pro Bono Program is also extending its mission beyond facilitating legal services to persons of limited means. Generally, persons of limited means are living below 200% of the federal poverty line. In recognition of the fact that many people who do not qualify for limited means programs cannot afford the normal expense of legal representation, the Program is now asking attorneys if they would be willing the accept modest means clients at a reduced rate.
The Program will assist with client screening and referral and will provide rate guidelines.
To request pro bono services, please contact the Montana Legal Services Association (MLSA) Helpline at 1‐800‐666‐6899.