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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowWhy is the new pro bono rule somewhat controversial? Some worry that the reporting rule will lead to requiring attorneys to perform some amount of pro bono work. In September 2014, the Indiana Supreme Court approved the requirement for attorneys to report their pro bono hours when they update their annual registration. Attorneys had to start keeping track of their hours beginning Jan. 1, 2015, in order to report them on their 2016 registration.
The Indiana Supreme Court amended the state’s new pro bono reporting rule in 2015, narrowing the focus to measuring only the direct representation given to indigent litigants. What qualifies as reportable pro bono has been refined.
Under the amended rule:
• Attorneys will only be able to count the hours of legal services they provide to individuals of limited means without charge or at a charge of less than half the normal rate. Originally, the rule allowed lawyers to count work on nonprofit boards and sections of the bar associations.
• Contributions of tangible property, like office furniture or computers, along with money can qualify as reportable pro bono. The donations must be made either to the Indiana Bar Foundation, any of the state’s pro bono districts or a legal aid society in Indiana.
• The specific income requirement has been removed. Now direct assistance given to “individuals reasonably believed to be of limited means” may count as reportable pro bono. The Indiana Supreme Court did not want attorneys having to spend time determining if the client was financially eligible for free or reduced-rate legal help, Indiana Tax Judge Martha Wentworth said. Wentworth served as chair of the Indiana Pro Bono Commission in 2015.
• The hours attorneys report are still confidential and they will not be made public either on an individual or firm-wide basis. Violating the rule will not subject the lawyer to discipline.
Wentworth reiterated the amended rule keeps the intent squarely on assessing how many hours attorneys are volunteering to represent clients. The hope is that the new rule will encourage other attorneys to donate their legal services to people in need of help.•
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