![]() ![]() Typically, your retainer letter should reflect that you reserve the right to withdraw your representation if the client violates the terms of the retainer agreement or if withdrawal is permitted by the Rules of Professional Conduct. Rule 1.16 of the Rules of Professional Conduct sets forth the grounds upon which an attorney can withdraw as counsel. Yet, the same limitations governing your ability to withdraw in a paying client’s case extend with equal force to pro bono cases. If a case becomes too difficult or too time consuming, can I withdraw from the case?Īny case – pro bono or otherwise – can become time consuming or difficult. If you want to ensure that your representation is limited to one area, be sure to discuss that with the client at your original intake meeting, and indicate this in your retainer letter. Oftentimes, pro bono clients have legal needs in multiple areas. If a client has a lot of different issues, can I just limit my representation to one matter? This arrangement should also be set forth in your retainer letter so as to avoid any confusion at the conclusion of the matter. If you have a case in which the court permits an award of attorney fees, you or your firm may retain those fees. What happens if I get an award of attorney fees? If, however, the client pays reasonable court costs, such an award should go to the client. If you or your firm covers reasonable costs, any award of costs at the conclusion of a matter would go to you or your firm. It depends on you and the needs/resources of your firm or practice.Įither way, it is important to set the terms relating to costs in the retainer agreement. Others will offer to cover reasonable costs in the event such a waiver is denied. Some pro bono attorneys will therefore ask that clients pay reasonable court costs. The correspondence you receive from legal aid when you accept a referral will specify that unless the applicant is eligible to have fees waived, you should collect all costs from the client. The manner in which this is done is addressed here. In many cases, pro bono attorneys can seek a waiver of costs from the court. You may not seek legal fees from a pro bono client referred by legal aid. The retainer letter can contain similar language that you would use for a paying client the obvious difference is that when it comes to setting forth the payment for the representation, you specify that it is being handled on a pro bono basis and that all legal services will be handled free of charge. (The only exception to this would be cases you are handling as a special public defender). Our rules of professional conduct require a retainer letter for every client. personal injury), a client that may not pay now may return to you with a case at a later date.ĭo I need to enter into a retainer agreement if it is a pro bono client? For example, if you do a lot of contingency work (i.e. You never know who your next client might be.If you are a new attorney or new to the area and want to be in Court, it is to your benefit to know the Judges, and they will certainly appreciate your pro bono efforts on behalf of an individual in need. It is an opportunity to get to know the Judges.If you are a new attorney and are looking for opportunities to go to court and handle your own cases, pro bono matters provide the ideal opportunity. It is an opportunity to get into court.Not only are you helping a person who is in dire need of your assistance, but also you are doing something that will ultimately benefit your own practice. What are the benefits of taking pro bono cases? ![]()
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