The Basics of Indiana Pro Bono Obligations for Attorneys

What is Pro Bono Work in Indiana

The concept of pro bono, or using one’s professional knowledge and ability to provide legal services on a voluntary basis for those who otherwise would not be able to afford such services, is a stature of the legal profession for which practitioners can take great pride. Especially in today’s tough economic climate, pro bono work plays an essential role in our civil society.
Articles 4.1 and 6 . 1 of Supreme Court of Indiana Professional Conduct defines the professional’s duties with respect to the provision of pro bono services as voluntary service in the form of a variety of legal services for individuals, charitable groups and organizations, as well as opportunities to engage in activities that significantly improve the law.
Subsequent sections of the Guidelines set forth the minimum requirements for in terms of the types and amount of pro bono work that attorneys must engage in as part of the profession. These guidelines focus primarily on the individual needs of the town or county in which the attorney maintains a practice of law.

Indiana’s Pro Bono Mandate

As a licensed Indiana attorney, you should have received (and read) Rule 6.5 of the Indiana Rules of Professional Conduct (the Rules), which specifically establishes that "[e]very licensed attorney (except those employed by an office or agency of government) shall annually provide at least pro bono legal services." Importantly, "[t]he annual requirement is 30 hours of pro bono service or through an alternative approved by the Supreme Court of Indiana" and this requirement "[s]hall begin with the calendar year of 2019." Moreover, even though Rule 6.5 is new (or rather, substantially re-written and approved last year) "service in 2018 will not count toward compliance."
Rule 6.5 defines "pro bono legal services" as "the provision of legal services without fee to clients as discussed in Section (B), or through participation in programs as discussed in Section (C)." Section (B) includes the same definition of "pro bono legal services" as is provided in Indiana’s Admission and Discipline Rule 6.2(A). Section (C) instructs that "[p]articipation is [n]ot defined by the number of hours of service," and further, "[l]egal services shall be by: (1) pro bono programs and activities of Indiana Legal Services, Inc., public defender offices, bar associations or other similar legal organizations; (2) court-based services, such as self-service center programs, domestic relations and juvenile pro bono project cases, and guardians ad litem; (3) legal service programs for low-income individuals or families established by law; or (4) the representation of a state or local governmental authority or public interest or nonprofit organization."

How Indiana Monitors Pro Bono Completion

Methods for Pro Bono Reporting in Indiana Attorney Practice
The Indiana State Supreme Court has mandated for over fifty years that attorneys in good standing undertake "a reasonable contribution of pro bono legal services" and in turn reports annually on the total of those pro bono contributions by licensed Indiana attorneys. The collection of those totals is reported to the Indiana Supreme Court and Supreme Court Disciplinary Commission for each attorney with their Annual Registration Statement, including the net amount of pro bono work performed during the last twelve months. The Indiana bar admission and licensing process includes providing each new attorney with the Indiana Pro Bono Commission’s brochure, the Indiana Pro Bono website, the Indiana State Bar Association’s Pro Bono Task Force website, and the statewide Legal Aid telephone number that all attorneys can call to learn how they can help. Individual attorneys are encouraged to report their voluntary pro bono work and charitable giving as explained below.
The 2023 Indiana Supreme Court Annual Registration Statement asks attorneys:
We have arrived at a point in Indiana where over 97% of practicing attorneys are now appropriately participating in the requirement. It is the last bit remaining that must be recognized, as can be seen as the graph below evolved from 2015 to 2021. That represents some 1,200+ attorneys who have yet to select either option and indicate their participation in fulfilling their Professional Responsibility [Rule 6.1].
The Indiana State Bar Association and the Indianapolis Bar Association, along with the Indiana Pro Bono Commission, and Indiana’s 11 legal aid and legal services organizations work collaboratively to collect these numbers as they are reported to the Supreme Court. Professional Responsibility 6.1: Voluntary Pro Bono Publico Service The Indiana Supreme Court has supplemented Professional Responsibility 6.1 to add guidance on mandatory reporting of attorney pro bono contributions. As to the option set forth at Comment 7 of the Rule, "the Supreme Court of Indiana strongly encourages you to indicate the number of hours of pro bono public service you performed during the past twelve months, as well as the annual or per hour pro bono monetary contribution you made to provide legal services to the poor."
The Supreme Court’s language is clear – no attorney should fail to report their pro bono contributions!

How To Meet Your Pro Bono Requirement

Knowledge of opportunities to volunteer can make a huge difference in fulfilling the pro bono service requirement. The Indiana Pro Bono Commission maintains a list of volunteer opportunities, including access to justice organizations, courts, pro bono district committees, and bar associations. Organizations listed on that page, such as legal services corporations, local bar associations, and pro bono district committees actively recruit volunteer attorneys.
Indiana Legal Services provides an online resource for attorneys and organizations in search of pro bono opportunities and volunteers. The pro bono opportunities database includes information about pro bono programs, contact information, stages of case proceeding, and types of activities. For example, the Indianapolis Bar Association has several opportunities to volunteer, such as the Lawyer for a Day program at the Marion County courthouse. Pro bono attorneys are assigned to meet with plaintiffs in civil cases on a first-come-first serve basis. The Marion County court also has a virtual lawyer for a day program through Zoom that allows attorneys to meet from anywhere.
The Indiana courts have a pro bono program that recruits, trains, and matches pro bono attorneys with people who qualify for services. The Volunteer Lawyer Program in Fort Wayne, Indiana screens all applicants and determines whether they either need help with an initial response to a complaint or they need representation in a trial. Indiana Southwest has a similar program. In the Indianapolis area, the volunteer program also includes a series of clinics that offer brief consultations to pro se parties. These clinics are "walk-in," low barrier, low-stress, and held in an informal environment. Pro bono attorneys sit with people seeking assistance and provide brief legal advice and referrals. The programs offer child care and interpreters to make the clinics more accessible.
Indiana State Bar Association District 18, which covers South-Central Indiana, has a variety of programs that match attorneys with pro bono opportunities. The program also offers a community organization component that matches organizations seeking law-related advice with a volunteer attorney. The program encourages other attorneys to establish similar programs elsewhere if an attorney wishes to develop more opportunities.
The Indiana State Bar Association also has a Lawyer Referral Service through which the public can find an Indiana-licensed attorney. The service refers people who do not have an attorney to Indiana attorneys who are willing to refer potential clients and share the details of their areas of practice.
Lawyers may additionally choose to get involved in immigration and asylum pro bono work. Organizations such as Heartland Alliance measure the needs for specific representations and offer trainings to teach lawyers how to handle such cases. Many of these trainings are free, and training materials, including a case guide, are also available from the website. The case guide is available to download so attorneys can use it while conducting consultations with clients.
Other resources for pro bono opportunities include the American Bar Association Pro Bono Resource Center, National Pro Bono Celebration, and Ohio Capital University Pro Bono Opportunities Guidebook, among others. The American Bar Association Pro Bono Resource Center compiles articles, guides, forms, and practice manuals from across the country on a range of topics such as civil, criminal, immigration, and pro bono volunteering.
The National Pro Bono Celebration website includes a state-by-state directory for getting involved in pro bono, finding events near you, and resolving common questions regarding pro bono.

Perks of Doing Pro Bono Legal Work

While there are always time and financial constraints on every attorney, each Indiana attorney should be involved in Pro Bono legal work. The personal, professional and community benefits achieved are many.
First, consider the personal benefits. The work performed usually feels good. I have done a few cases on a pro bono basis and it has always felt good when the case is done. I have only seen my clients and witnesses cry once, but it was an emotional and great feeling. Another reason I personally get involved in Pro Bono cases is to keep my skills up. Every time I file a motion or brief or get a witness to come into the office or find a case as precedent to cite into a brief, it gives me more experience. Even when doing a settlement agreement or waiver, figuring out how to word it or what to include in it is always a good experience. Immunity waivers can also be hard to determine sometimes.
Next, the professional benefits include almost instantaneous benefits as well as long term benefits. The immediate benefits are obvious. Every time you do something that you might get paid for later , you get the immediate benefit of the experience. I have just finished a case and drafted a settlement agreement and waiver. I did seek out and find a case from another jurisdiction to help support my argument. I have also been involved with 2 or 3 witness. Any multiple witness at trial is a great experience also. All of these tasks are important at trial and you have the ability to practice them for free. Each of these tasks and experiences are invaluable and you can see the return almost immediately. There are also some intangible benefits. For example, both cases I have done were ongoing. Will they make positive changes for the rest of that person’s life? Sure, probably. I believe that I helped. The client getting a new or repaired engine, the child getting a new helmet, and the aunt getting her leg fixed. I do not think that these things would have happened. Plus the client and witnesses now know that they were not charged a dime. That goes a long way. Being pro bono can be good for building a good character reputation within the practice and community. Finally, over the long haul, which can be immediate also, is that increasing the number of Pro Bono cases the Indiana attorneys take on will help decrease the indigent cases to the courts, which should help ease some of the burden. If we can decrease the indigent cases, we can also decrease the amount of tax on the citizens for providing the legal representation.

Challenges and Assistance For Pro Bono Work

While fulfilling pro bono requirements can sometimes be a challenge for busy attorneys, there are resources available to provide support. Professional associations in Indiana, like the Indianapolis Bar Association and the Indiana State Bar Association, oftentimes will have guides and services to help with finding pro bono opportunities. There are also peer networks, where pro bono coordinators will provide on-boarding sessions with attorneys to help match those who need legal work done with those willing and able to complete the work.

Conclusion: The Future of Pro Bono in Indiana

The future of pro bono work in Indiana is likely to be impacted by an increase in the demand for services at a time when funding for the legal aid groups has been cut. Legal Services Corp., which provides funding to 137 legal aid organizations, has seen its funding decrease from $348 million in 2010 to $348 million in 2014 – and the budget continues to face pressure from Congress. The Indiana bar is faced with matching the increased demand for services with diminished resources.
With the bar’s formal support, there has been a push to get more firms involved in pro bono in areas outside of the traditional poor pro bono areas of domestic relations/guardianships and general representation. It takes a concerted effort from firms to seek out these opportunities . There is also a movement to get firms not only involved in the legal aspects of projects – but raising funds and even supplies needed by many non-profit groups working with the poor. Even total involvement from one law firm in one area is not enough to meet the needs of the public. There is simply a lot of work needed to meet the legal gap in Indiana.
At the same time, the changing demographics of Indiana’s poor might change the way pro bono is done in the future. For example, as the state has become home to increasing immigrant communities and in-migration from other states, the need for pro bono assistance for those communities might increase. Where the assistance comes might change as well. Law schools are starting to see pro bono as part of their curriculum. As Indiana becomes home to more law schools, these programs will likely be adopted by the state’s new law schools.