The New Maryland
Pro Bono Rules by Simon Walton
Simon Walton is a member of the firm of Schultheis & Walton, P.A, in Baltimore and serves on the MTLA’s Board of Governors and is Chair of the MTLA Pro Bono Committee.
On July 1, 2002 Maryland Rule 16- 901, 902 and 903 became effective. The Court of Appeals now has a Standing Committee on Pro Bono Legal Service, there will be a local Pro Bono Committee for each county, and all lawyers will be required to file an annual report address- ing the extent of pro bono service provided during the previous calendar year. In addition new Rule 6.1(b) of the Rules of Professional Conduct creates an aspirational goal for all lawyers in full time practice of 50 hours pro bono legal ser- vice.
Although this goal is not mandatory,
the requirement that each lawyer files an annual report with the Administrative Of- fice of the Courts is a condition precedent to the practice of law in Maryland (Rule 16-903(a)). The MTLA Board of Governors re-
viewed the new pro bono rules recently and passed the following motion: The Board encourages MTLA members to become members of their County Local Pro Bono Committees. The Board also encourages members to perform pro bono legal service in accordance with the new rules. There will be a Pro Bono Legal Ser-
vice Fund and members will be encouraged to make contributions to the Fund. The Fund will be disbursed in the discretion of the Board to Mary- land organizations that provide legal services to persons of limited means. The first recipient of the Fund shall be the Maryland Disability Law Cen- ter.
Local Pro Bono Committees Each committee will have a maximum of 11 members of whom up to five will be appointed by the president of the county bar association. The Board thinks that it is important that trial lawyers have input into the deliberations of these com-
Winter 2003
mittees that will establish goals and pri- orities for pro bono service in the counties. Those who are interested in serving should call the president of their county bar as- sociation.
Pro Bono Legal Service
The Board encourages all members to fulfill their 50 hours of pro bono service. Rule 6.1 MRPC provides a very broad range of activities that qualify. Pro bono legal service may be provided to groups as well as to individuals of limited means. The object is to provide legal services to the disadvantaged. This may be achieved directly or by working with organizations that address their needs. It may also be achieved by working pro bono for certain organizations that cannot afford to pay “standard legal fees”. Activities for im- proving the law, the legal system or the legal profession will also qualify. Rule 6.1(b)(3) states that the profes-
sional responsibility of performing pro bono service may be discharged by “con- tributing financial support to organizations that provide legal services to persons of limited means.”
MTLA Pro Bono Legal Service Fund The Board recognizes that many mem- bers may well wish to make such contributions. It has therefore decided to establish the MTLA Pro Bono Legal Ser- vice Fund. It will operate as follows: Members may make contributions to
the Fund in amounts they consider ap- propriate, in accordance with the spirit and intention of Rule 6.1. The contribu- tions will then be disbursed by MTLA to organizations providing legal services to persons of limited means as the Board will determine. During the coming months, I shall be contacting such organizations with a view to making recommendations to the Board. However, the Board has decided that the first recipient of funds
Trial Reporter
shall be the Maryland Disability Law Cen- ter (MDLC).
MDLC has worked very closely with
MTLA members on Access Maryland, a project designed to force public accom- modations to comply with the Americans With Disabilities Act.
It has achieved
considerable success over the years since it was founded at the suggestion of the late Gary Stausberg. Executive Director Phil Fornaci describes the work of MDLC in more detail in his article. Without more resources, MDLC will not be able to function as the focal point of Access Maryland, which means that the project will not continue as intended. By helping MDLC, you will be helping to provide more opportunities for pro bono representation of the disadvantaged. Checks for the Fund should be made payable to the MTLA Pro Bono Legal Service Fund and sent to Bob Lembo at the MTLA offices.
Timetable
Every Maryland attorney will be re- ceiving a Pro Bono Service Report on January 10, 2003, which must be filed with the Court of Appeals by February 15,2003. Failure to file a report will lead to desertification from the practice of law. The report will document the pro
bono service performed in 2002. Please make your contribution to the fund now, so that it may be included in your report. The rules may be found at
www.courts.state.md.us, together with some frequently asked questions and a sample service report. The Pro Bono Re- source Center of Maryland is assisting the Court with the implementation of the rules and much useful information will be found on its website at:
www.probonomd.org. A list of programs offering attorneys pro bono opportuni- ties is also to be found there.
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