Pro Bono Retainer Agreement California: A Guide for Attorneys
As a lawyer in California, you may be interested in offering pro bono legal services. Pro bono work, or free legal services for those who cannot afford to pay, not only benefits the community but also provides a valuable opportunity for attorneys to gain experience and enhance their skills. However, it’s important to understand the legal aspects of pro bono work, including retainer agreements.
What is a Pro Bono Retainer Agreement?
A retainer agreement is a contract between an attorney and a client that outlines the terms of the attorney`s representation. In the case of pro bono work, a retainer agreement is still necessary, even though the client won’t be paying for services. The pro bono retainer agreement outlines the scope of the services to be provided, the attorney’s responsibilities, and the client’s responsibilities.
Why is a Pro Bono Retainer Agreement Important?
A pro bono retainer agreement is critical for attorneys providing free legal services. While providing pro bono services is a noble pursuit, it’s important to protect yourself by setting clear expectations and obligations in a written agreement. The pro bono retainer agreement establishes the scope of the representation, the duration of the representation, and the responsibilities of both the attorney and the client.
Where Can I Find a Pro Bono Retainer Agreement Template?
Pro bono retainer agreement templates can be found online and in legal resources. It’s important to ensure that any template used is appropriate for the jurisdiction where you practice. In California, the State Bar of California provides resources for pro bono attorneys, including a model pro bono retainer agreement. The model agreement covers the essential terms of a retainer agreement, such as the scope of representation, the duration of the representation, and the attorney’s fee waiver.
What Should Be Included in a Pro Bono Retainer Agreement?
A pro bono retainer agreement should include the following:
1. Scope of Representation: The agreement should define the services that will be provided and the specific legal issues that will be addressed.
2. Duration of Representation: The agreement should specify the length of time that services will be provided.
3. Attorney Fees: The agreement should include a fee waiver and a statement that no fees will be charged for the services provided.
4. Client Obligations: The agreement should outline the client’s responsibilities, including providing necessary information and cooperating with the attorney.
5. Termination of Representation: The agreement should include information on how the representation can be terminated, by whom, and under what circumstances.
Conclusion
Providing pro bono legal services is an important part of being an attorney in California. However, it’s important to ensure that the services are provided in a professional and responsible manner, by using a pro bono retainer agreement. The agreement protects the interests of both the attorney and the client and sets clear expectations for the scope of the representation. By following the guidelines outlined above, attorneys can provide valuable legal services to those in need while also protecting themselves.