Pro Bono Project: Attorneys: FAQ

What types of cases does The Pro Bono Project place?

Most of the cases we place with volunteer attorneys are family law cases including victims of domestic violence. However, we place cases in a variety of areas of law including guardianship, adoption, fraud, estate planning, probate and bankruptcy. We need attorneys on our list for all areas of law so we can call on them as the need arises.

I already do Pro Bono work in my practice, why should I to volunteer with your organization?

If you are doing pro bono work in your practice, you are commended and applauded. What the Clark County Pro Bono Project provides the State Bar is an institutional way to mobilize the legal community to help a segment of the population that can’t help itself. We encourage those who do pro bono to continue and hope that you will take a case from our organization. For those who currently aren’t doing pro bono work, we hope that you will become part of our group effort to make a difference in the community we live and practice in.

Where can I go for help if I need assistance with my case?

Our office offers assistance with domestic violence cases including divorce and custody. Similarly, we have lawyers on staff to help with fraud, social security, disability and discrimination cases. We also have many experienced pro bono attorneys who have agreed to field phone calls from newer lawyers with questions.

Who has to pay for filing and other fees?

When an attorney agrees to take a case pro bono, our office prepares fee waiver forms to be filed with the court. Ordinarily, these requests are granted and the fees are not an issue. However, when the court denies the request for a fee waiver, the client is advised that it is his or her responsibility to pay the filing fees. In extraordinary circumstances, Clark County Legal Services may pay the filing fee. We do not expect or request our volunteer lawyers to pay filing fees.

What if I am awarded attorney fees? Do I get to keep the fees or do I have to send them back to your agency?

Where a court is awards "attorneys fees," we leave it up to the attorney to decide how to handle that money. If the attorney retains it, we request that he or she take another case or two on a pro bono basis. If the attorney chooses to donate that money to our agency, we gratefully accept it. If it is a case involving some financial settlement for the client, the entire settlement is the client’s. Attorney’s fees should only be over and above what the client is entitled to for settlement money.

What if I can’t make contact with my client?

Once a case is placed with you, the client is sent a letter advising them that they have 10 days to contact your office to set up an appointment with you. It is up to you whether or not you want to enforce that deadline. If the client calls a few days or weeks later and you would still like to handle the case, we would appreciate that. If you don’t, we understand that as well. We do ask that you contact our office, advise us that you have had no contact with the client and that you are closing the case. We hope that after you have closed that case, you will be available for another pro bono case.

What if I don’t get along with my client or my client is being unreasonable?

While we can’t guarantee that every client will be reasonable or easy to get along with we do try to screen out prospective clients who will not appreciate the services provided them or whose expectations are unreasonable. If the situation is such that there is a deterioration of the attorney/client relationship, you can send the case back to our office. Our general policy is that once a case is sent back to us, it is not placed again with another lawyer. We do ask that both lawyers and clients make all reasonable efforts to remedy the situation prior to sending the case back.

Why don’t you call me to take any pro bono cases?

We call lawyers who are on our "list" of lawyers willing to accept pro bono cases. This list is an accumulation of lawyers who have expressed an interest over the years to do pro bono work. The list is constantly being updated. If you would like your name on the list, please call us at 386-1070 ext. 137 and we will add your name to our list.

Am I expected to finish the case I am given? What if it takes a long time?

Yes, we expect you to complete the case you have agreed to take. We do not expect you to take the case up on appeal at the request of the client. Furthermore, you have agreed to take a specific matter. For example, handling a client’s divorce does not mean that you must do the custody modification request when the client calls 2 years later. If that occurs, we request that you refer the client back to our office. If you do wish to take the new case pro bono, we can arrange that.

Am I expected to give these clients the same level of service I give to my paying clients?

The short answer is yes. The long answer is also yes. Think of it this way: The way you treat all of your clients reflects on your reputation in the community and your reputation in the community will be reflective of referrals you get for paying clients.

I don’t have malpractice insurance, will your insurance cover me?

Yes. Clark County Legal Services and the Clark County Pro Bono Project carry malpractice insurance for lawyers taking cases through our office. The malpractice insurance serves as the primary insurer for lawyers with no malpractice coverage and it serves as the secondary insurer for lawyers with their own coverage. No lawyer has ever been sued for malpractice on a case taken through the Clark County Pro Bono Project.

What’s in it for me?

If you don’t know what it is like to have a client say to you, "I have never had anyone stand up for me before..." or "Thank you for getting me out of my dangerous living situation... you may have saved my life," then you need to take a pro bono case. Not every case is so dramatic, but each is a step toward the fulfillment of one of our profession’s most honorable undertakings.