New State Bar Rule Makes It Easier for Attorneys to Represent Pro Bono Clients

One of the most important aspects of being an attorney is respecting the duty of loyalty that every attorney owes to their clients.  But unfortunately, concern over violating this duty of loyalty has sometimes prevented attorneys from representing indigent clients.  Prior to accepting representation of any scope, attorneys will often engage in a comprehensive conflicts check, to ensure that the issue under which they wish to assist the client would not be in conflict with the interest of any of their current or previous clients.  This duty to prevent conflicts has often interpreted to apply even when the representation would be extremely limited, such as a short consultation during a free legal clinic.

In order to allow attorneys to more freely represent pro bono clients in legal clinic settings, the Supreme Court recently approved new Rule of Professional Conduct 1-650.  This rule limits an attorney’s liability for a conflict of interests in a legal clinic setting to times where the lawyer knew or should have known that a conflict of interests exists.  The rule also protects the attorney’s law firm from imputed conflicts of interests in this situation.

This new rule will allow private attorneys to participate in legal clinics and limited scope representation of indigent clients without worrying liability or Bar sanctions for violating their duty of loyalty to their current and past clients. This should permit greater participation by attorneys and law firms of all sizes, particularly large firms which generally have many more potential conflicts of interest.    It is expected that the change in this rule will result in more legal assistance for indigent population, something which Gallinger Law agrees is greatly needed within our communities.