Out-of-state attorneys now eligible for pro bono cases without joining Md. Bar

A new rule allowing out-of-state lawyers to take pro bono cases will benefit Maryland because of its proximity to federal agencies in Washington, D.C., according to Susan Francis of Maryland Volunteer Lawyers Service. ‘So many of those folks live in Maryland, folks who are working in the D.C. market and wanting to give something back to their home state,’ she says. (File photo)

Local legal services organizations that rely on volunteer attorneys to provide pro bono legal help to low-income Maryland residents can now expand their recruiting efforts outside of the state bar.

A change to Rule 15 of the Rules Governing Admission to the Bar of Maryland took effect Jan. 1 that allows out-of-state attorneys who provide proof they are in good standing with the highest court of another state to take on pro bono work in Maryland. The rule requires those attorneys to work with a legal services provider under the supervision of a Maryland-barred attorney.

Susan Francis, deputy director of Maryland Volunteer Lawyers Service, said the organization has begun reaching out to its current roster of volunteer attorneys and started working to spread the news of the opportunity.

“This is brand new and uncharted territory, but we’re optimistic, and I think Maryland is uniquely well suited to benefit from a program like this,” particularly because of its proximity to federal agencies in Washington, D.C., Francis said. “So many of those folks live in Maryland, folks who are working in the D.C. market and wanting to give something back to their home state.”

Now that the rule change is in effect, the next priority for pro bono advocates will be ensuring that the expanded field of potential volunteer attorneys is aware of the change, said Sharon Goldsmith, executive director of the Pro Bono Resource Center of Maryland.

“We are starting to let people know that this is available now and that it’s in effect,” Goldsmith said. “We definitely are starting to talk to corporate counsel and government attorneys in a more targeted way to let them know that these opportunities exist.”

Goldsmith, a member of the Court of Appeals’ Standing Committee on Pro Bono Legal Service, said many out-of-state attorneys are deterred from taking on pro bono cases by their lack of membership to the Maryland Bar.

At the same time, the need for additional volunteer attorneys to provide legal assistance to those who cannot afford it has grown rapidly, Francis said.

“Across all areas of law, about 80 percent of individuals are representing themselves pro se,” Francis said. “For legal services organizations, collectively we can only meet about 20 percent of that need.”

For many prospective clients of legal aid organizations, obtaining custody of a child or not losing their homes to foreclosure can depend on whether they are able to obtain legal help, she said.

“These are pretty substantial areas where your life is really impacted,” Francis said. “There is absolutely a substantial need for more volunteer attorneys.”

Certification process

Under the rule change, an out-of-state attorney who wishes to practice pro bono in Maryland will have to file a written request with the clerk of the Court of Appeals and submit evidence of law school graduation and a certificate from another state’s top court certifying the attorney’s good standing, as well as a statement from the legal services organization the attorney will be working with.

That statement must attest to the pro bono work the attorney will perform, state whether the attorney will receive any compensation for the work and include an agreement that the legal services provider will notify the Court of Appeals within 10 days of the termination of a relationship between the organization and attorney.

The Court of Appeals will then issue a certificate permitting the attorney to represent clients through legal services organizations, and as long as they receive no compensation for the work, the certificate will have no expiration date, according to the rule. Out-of-state attorneys who limit their practice in Maryland to pro bono cases also do not have to pay dues to the state’s Client Protection Fund.

Meanwhile, legal services organizations are determining the best way to incorporate the efforts of out-of-state attorneys, as legal assistance in some areas will be easier for them to handle than others, Francis said.

“Putting a non-Maryland-barred attorney into a contested custody family law matter is not going to happen,” she said. “We need to make sure we are doing our due diligence; we need to make sure we’re on top of our responsibilities and thinking through the process and supporting the volunteer attorneys.”