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State Emeritus Pro Bono Practice Rules Updated May 2019

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State Emeritus Pro Bono Practice Rules Updated May 2019 State Emeritus Pro Bono Practice Rules Updated May 2019 American Bar Association Commission on Law and Aging David Godfrey Senior Attorney [email protected] Emeritus pro bono practice rules encourage retired and inactive attorneys to volunteer to provide pro bono assistance to clients unable to pay for essential legal representation. Currently 44 jurisdictions have adopted emeritus pro bono rules waiving some of the normal licensing requirement for attorneys agreeing to limit their practice to volunteer service. The following chart contains essential details of the current rules. For more information see: Performance Data on Emeritus Pro Bono Practice Rules http://www.americanbar.org/content/dam/aba/administrative/law_aging/EmeritusAttorneyProBonoPracticeRulesProjectReport.authchec kdam.pdf Emeritus Attorney Programs: Best Practices and Lessons Learned http://www.americanbar.org/content/dam/aba/administrative/law_aging/emeritus_best_practices_9_27.authcheckdam.pdf State Emeritus Pro Bono Practice Rules Attorneys Required to Eligible Out-of- Work with a Malpractice Years of Dues Direct State Age (Retired, State MCLE Certified Insurance Practice Waived Supervision Contact (Adopted/Amended) Restriction Inactive, License Waived Legal Mentioned Required Required Other) Allowed Services in the Rule Program Alabama (2008) None None Inactive No Reduced No Yes No No Linda L. Lund, Director Rule 6.6 Volunteer Lawyers Program Alabama State Bar P. O. Box 671 Montgomery, Alabama 36101 Alaska (2007) None None Retired or No Waived n/a Yes No Yes program Krista Scully Bar Rule 43.2 inactive must Pro Bono Director disclose Alaska Bar Association coverage Arizona (2009) (2012) None At least 5 Retired, Yes Reduced Waived Yes Yes Yes (must Kim Bernhart A.R.S. Sup.Ct.Rules, inactive, or disclose Arizona Foundation for Rule 38(e) otherwise existence Legal Services and not able to and extent Education practice law of 4201 N. 24th St., Suite in the state malpractice 210 of Arizona coverage) Phoenix, Arizona 85016 Arkansas (2001, 2011) None None Out of state Only Waived No Yes Yes Yes Administrative Office of Order 15.2 only the Courts 625 Marshall Street Suite 1100 Little Rock, AR 72201 Page 2 | ABA Commission on Law and Aging | www.americanbar.org/aging | As of May 2019 State Emeritus Pro Bono Practice Rules Attorneys Required to Eligible Out-of- Work with a Malpractice Years of Dues Direct State Age (Retired, State MCLE Certified Insurance Practice Waived Supervision Contact (Adopted/Amended) Restriction Inactive, License Waived Legal Mentioned Required Required Other) Allowed Services in the Rule Program California (2011) None At least 3 Inactive No Waived No, may be Yes “Adequate No mention Michael Dayao Title 3 Division 2 with (Must act reduced supervision State Bar of California Chapter 6 3 of last 5 exclusively required” The State Bar of State Bar Regulation in CA as pro bono California Rules & Regs 3.2.6 practice 180 Howard Street San attorneys for Francisco, CA 94105 an entire calendar year) Colorado (2014) None None Inactive for Yes No fee if Waived No No No mention Kathleen M. Schoen C.R.C.P. 204.6 in-state attorney Director, Local Bar license; provided pro Relations & Access to Active or bono services Justice inactive for within Colorado Bar Association out-of-state previous 12 1900 Grant St, Ste 900 license months, Denver, CO 80203 otherwise must pay inactive fee for previous calendar year Connecticut (2014) None None Retired No Client Waived, as Yes Yes No mention Ms. Ndidi Moses Rule 6.1 security fund long as Pro Bono Chair Rule 2-27A (MCLE) fee is waived attorney US Attorneys Office Rule 2-55 (Retirement) if attorney is earns less 157 Church St, Fl 25 only than $1000 New Haven, CT 06510 performing for the pro bono provision work of legal services in the year Page 3 | ABA Commission on Law and Aging | www.americanbar.org/aging | As of May 2019 State Emeritus Pro Bono Practice Rules Attorneys Required to Eligible Out-of- Work with a Malpractice Years of Dues Direct State Age (Retired, State MCLE Certified Insurance Practice Waived Supervision Contact (Adopted/Amended) Restriction Inactive, License Waived Legal Mentioned Required Required Other) Allowed Services in the Rule Program Delaware (2003) For None Inactive, No Waived Waived Emeritus: No No No mention Susan Simmons Supreme Court Rule 69 emeritus: Retired, (Supreme (any Director of Continuing 65 or older Emeritus Court nonprofit Legal Education (or, waiver registration organization Delaware State Bar granted by fee still (§501(c)(3)), Association Supreme required) religious 405 N. King St., Suite 100 Court) organizations Wilmington, DE 19801 , educational, For retired governmenta or l institutions inactive: and clients none that inactive attorneys may represent) Retired and Inactive: Only enumerated organizations in Rule 69. District of Columbia None None Retired, or Yes, Waived for N/A Yes Yes No mention Rebecca K. Troth (2011) inactive retired. Pro Bono Center Rule 49 ( c )(9) Executive Director The District of Columbia Bar 901 4th Street, NW Washington, DC 20001 Page 4 | ABA Commission on Law and Aging | www.americanbar.org/aging | As of May 2019 State Emeritus Pro Bono Practice Rules Attorneys Required to Eligible Out-of- Work with a Malpractice Years of Dues Direct State Age (Retired, State MCLE Certified Insurance Practice Waived Supervision Contact (Adopted/Amended) Restriction Inactive, License Waived Legal Mentioned Required Required Other) Allowed Services in the Rule Program Florida (2018) None 10 of the Inactive*, Yes No Waived Yes Yes (Legal Aid Francisco Digon-Greer Bar Rule 12-1 last 15 Retired (Unless (for Program The Florida Bar years the inactive must file 651 E. Jefferson St. *Inactive person members) Petition for Tallahassee, FL 32399 status must has failed approval be voluntary, the FL which must not due to bar exam detail the incapacity,dis ≥3 times) existence cipline, or and extent failure to pay of bar fees or malpractice complete insurance CLE. that will cover the emeritus attorney) Georgia (1995) 70 or older 25 years, Retired No Waived Waived at Yes No No mention Michael Monahan Bar Rule 1-202(d) at least 5 age 70 (cases Pro Bono Director years referred by a State Bar of Georgia good pro bono 104 Marietta St. NW standing program Suite 100 of the recognized Atlanta, GA 30303 State Bar by the State of Bar’s Pro Georgia Bono Project or nonprofit legal service program) Page 5 | ABA Commission on Law and Aging | www.americanbar.org/aging | As of May 2019 State Emeritus Pro Bono Practice Rules Attorneys Required to Eligible Out-of- Work with a Malpractice Years of Dues Direct State Age (Retired, State MCLE Certified Insurance Practice Waived Supervision Contact (Adopted/Amended) Restriction Inactive, License Waived Legal Mentioned Required Required Other) Allowed Services in the Rule Program Hawaii (2007) None None Inactive No Reduced N/A Yes No Yes (legal Patricia Mau-Shimizu Supreme Court Rule 20 (to inactive service Executive Director http://www.courts.stat rate) organization Hawaii State Bar e.hi.us/docs/court_rule must Association s/rules/rsch.htm#Rule_ provide Alakea Corporate Tower 20 malpractice 1100 Alakea St., Ste 1000 coverage) Honolulu, HI 96813 Idaho (2016) None Licensed Retired, Yes Reduced; No Yes Yes Yes (legal Diane Minnich Bar Rule 228 in any inactive $150 service Executive Director state agency must Idaho State Bar within disclose 525 W. Jefferson Street preceding existence Boise, ID 83702 5 years and extent of coverage) Sue Pierson Legal Director Idaho Volunteer Lawyers Program 525 W. Jefferson Street Boise, ID 83702 Illinois (2018) None None Retired, Yes Waived for Waived Yes No Yes (must Samira A. Nazem Supreme Court Rule inactive, or retired; (must be provided Director of Pro Bono 756 licensed in Reduced for agree to by the legal The Chicago Bar another state inactive participate service Foundation in training agency) 321 South Plymouth Ct. by Suite 3B sponsor) Chicago, IL 60604 Indiana (No Rule Jan. 2019) Page 6 | ABA Commission on Law and Aging | www.americanbar.org/aging | As of May 2019 State Emeritus Pro Bono Practice Rules Attorneys Required to Eligible Out-of- Work with a Malpractice Years of Dues Direct State Age (Retired, State MCLE Certified Insurance Practice Waived Supervision Contact (Adopted/Amended) Restriction Inactive, License Waived Legal Mentioned Required Required Other) Allowed Services in the Rule Program Iowa (2017) None None Retired, Yes Waived Waived Yes Requires Legal Nick Smithberg Rule 31.19 inactive, or only for “general service Iowa Legal Aid active the year in supervision program 1111 9th Street, Ste. 230 which the ” of legal must Des Moines, Iowa 50314 lawyer is services disclose first program existence Christine M. Luzzie certified and extent Iowa Legal Aid under Rule of coverage 1700 S. 1st Avenue Suite 31.19 10 Iowa City, IA 52240 Kansas (2013) None None Retired or No Yes Waived Yes No No mention Marilyn Harp Rule 208 inactive (for retired Executive Director attorneys age Kansas Legal Services, 66 or over on Inc. or before July 712 S. Kansas, Suite 200 1) Topeka, KS 66603 Kansas Attorney Registration Kansas Judicial Center 301 SW. 10th Ave Room 374 Topeka, KS 66612 Kentucky (2018) 70 or older No “Senior No Waived Waived Yes No No mention John D. Meyers SCR 3.030(4) Retired Executive Director SCR 3.665(2)(a)(iii) Inactive Kentucky Bar Association Member” 514 W. Main Street (70 years old, Frankfort KY no longer actively practicing law) Page 7 | ABA Commission on Law and Aging | www.americanbar.org/aging | As of May 2019 State Emeritus Pro Bono Practice Rules Attorneys Required to Eligible Out-of- Work with a Malpractice Years of Dues Direct State Age (Retired, State MCLE Certified Insurance Practice Waived Supervision Contact (Adopted/Amended) Restriction Inactive, License Waived Legal Mentioned Required Required Other) Allowed Services in the Rule Program Louisiana (No Rule Jan.
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