What Is a Pro Bono Case?
In the legal context, pro bono means lawyers providing legal services free of charge to those who can’t afford to pay.
The good news is that many private attorneys volunteer their time to work on pro bono cases. In fact, lawyers at the top 200 law firms put in approximately 5 million hours per year, according to a report by The Association of Pro Bono Counsel. The American Bar Association (ABA) reports that over 75% of U.S. lawyers participate in pro bono work during their careers.
The bad news is that there is still a wide gap between the needs of those who can’t afford legal services and their ability to have those needs met. The Legal Services Corporation (LSC), which describes itself as “the largest funder of civil legal aid in the United States,” refers to this as the justice gap.
LSC’s 2022 Justice Gap Study shows the justice gap in the U.S. is vast. About 50 million Americans are low income (defined as those with incomes below 125% of the federal poverty limit) and qualify for legal aid (free legal services). However, according to the LSC study, 92% of low-income individuals didn’t receive the free legal help they needed because overburdened legal aid organizations were unable to provide enough help. Because the alternative — paying for legal services — was out of reach, these individuals went without legal help. The U.S. lags far behind other countries in its efforts to close the justice gap. Of the richest 46 nations in the world, the U.S. ranks last on access to civil justice and affordability of civil justice.
Many low-income Americans report that their lack of access to affordable legal help impacts their relationships and their financial, mental, and physical health and safety. But the justice gap doesn’t result in negative consequences only for low-income Americans; it also threatens the public good, as pro bono cases often result in landmark legal change. As Thomson Reuters Foundation reports, pro bono cases have led to sweeping changes in American jurisprudence and society, including the prevention of race discrimination, the overturning of the military’s “Don’t Ask Don’t Tell” rule, which discriminated against servicemembers based on sexual orientation, the protection of gay marriage rights, and countless others. As Thomson Reuters reports, “[c]ases like these are remembered, and cited, and drive change.”
This article provides an overview of pro bono, including the ABA’s Model Rule on pro bono and eligibility to receive pro bono services.
Defining Pro Bono
According to the ABA, “pro bono" (from the Latin “pro bono publico”) means "for the public good." In the context of private lawyers, pro bono work involves providing free legal services for those who can’t afford to pay. In the context of law schools, it involves law students volunteering for organizations that provide legal aid services without receiving pay or academic credit.
What Qualifies as Pro Bono? The State Bar of California explains that work that qualifies as pro bono includes legal services provided to low-income individuals or legal non-profits “without expectation of compensation.”
What Doesn’t Qualify as Pro Bono? According to the State Bar of California, legal work that isn’t regarded as pro bono includes:
Free legal help for friends or family who aren’t low-income.
Free help to non-profit or other organizations whose primary purpose is something other than legal aid and who could afford to pay lawyer fees (i.e., doing free legal work for your child’s private school).
Writing off a paying client’s “bad debt.”
Providing “affordable” or “sliding scale” rates to paying clients.
Low Bono: Low bono refers to legal services provided to those who don’t qualify based on the poverty limit but can’t afford full rates. These services are often offered for a small fixed fee, reduced hourly rate according to a sliding scale, or with other significant discounts. Low bono services are distinct from pro bono services, but can still play an important role in closing the justice gap.
The U.S. Legal Community and Pro Bono: ABA Model Rule 6.1
The ABA has long taken a vocal stance on the ethical responsibilities of lawyers to perform pro bono work. Outgoing ABA president Bill Bay has said: “Providing pro bono legal services is at the core of the profession’s ethos.”
As an organization, the ABA has said: "When society confers the privilege to practice law on an individual, he or she accepts the responsibility to promote justice and to make justice equally accessible to all people. Thus, all lawyers should aspire to render some legal services without fee or expectation of fee for the good of the public. Prospective students should be mindful of this responsibility when considering law as a career."
ABA Model Rule 6.1 “recognizes that only lawyers have the special skills and knowledge needed to secure access to justice for low-income individuals, whose enormous unmet legal needs are well documented.” Although ABA Model Rule 6.1, like the other model rules, is not a mandate, it is a strong suggestion. The ABA believes that every lawyer has a professional responsibility to provide legal services to those unable to pay, and that each lawyer should aim to provide a minimum of 50 hours of pro bono work every year.
State Pro Bono Requirements
State bar associations are aligned with the ABA in their belief that lawyers have an obligation to provide pro bono services. According to the Corporate Pro Bono Report, all 50 states and the District of Columbia acknowledge the need for lawyers to engage in pro bono service, and have included their own version of ABA Model Rule 6.1 in their own Rules of Professional Conduct or adopted the ABA’s rule entirely, including California (which adopted its own resolution, requesting 50 hours/year), Indiana (which has adopted the ABA Model Rule 6.1) and Connecticut (which has also adopted ABA Model Rule 6.1). In addition, 11 states (including California (effective 2026) and Indiana) have introduced pro bono reporting requirements. Many states encourage lawyers to donate money to legal aid nonprofits if they are unable to donate time. For example, California attorneys may donate to the Justice Gap Fund.
Qualification Criteria for Pro Bono Service
As U.S. News & World Report explains, the Sixth Amendment provides that everyone has a right to legal counsel. However, only criminal defendants facing possible prison terms are constitutionally entitled to a free lawyer. For those with civil legal issues, the eligibility requirements to receive pro bono services vary, depending on the type of services needed and the organization providing them.
For example, many legal aid organizations require proof of an annual income at or below 125% of the federal poverty limit. Other organizations provide free legal help to persons who are members of particular groups, such as active and veteran military members, children, the elderly, etc. Still others focus on certain issues, such as First Amendment cases concerning journalists.
Quality of Pro Bono Work
U.S. News & World Report also explains that the assumption that pro bono work is lower quality isn’t true. To the contrary, pro bono attorneys deliver results for pro bono clients that are as good as those for paying clients, and many are particularly passionate about pro bono work. In addition, all attorneys have an ethical obligation to deliver high-quality work to any client, whether pro bono or paying.
Future Attorneys Can Help Fill the Justice Gap — Starting in Law School
If you’re thinking about attending law school, consider factoring pro bono work into your work and study schedule.
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