{"id":1006,"date":"2018-07-09T14:19:59","date_gmt":"2018-07-09T18:19:59","guid":{"rendered":"https:\/\/ncprobono.org\/dev\/?p=1006"},"modified":"2022-01-11T10:29:18","modified_gmt":"2022-01-11T15:29:18","slug":"pro-bono-status","status":"publish","type":"post","link":"https:\/\/ncprobono.org\/dev\/pro-bono-status\/","title":{"rendered":"Pro Bono Practice Status for Inactive and Out-of-State Lawyers"},"content":{"rendered":"
Pro bono practice status allows inactive and out-of-state lawyers to serve their community by providing pro bono legal assistance to indigent clients through a nonprofit legal services corporation. \u00a0Lawyers granted pro bono practice status will not incur membership dues from the North Carolina State Bar and will not be required to complete mandatory continuing legal education (though CLE may be taken if desired). \u00a0Pro bono lawyers have opportunities to serve indigent clients in a variety of practice areas and levels of service. \u00a0This\u00a0handout\u00a0provides a summary of pro bono practice status.<\/header>\n
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Obtaining Pro Bono Status:<\/h3>\n

1. Complete the appropriate petition and have petition notarized.<\/p>\n

Petition for Emeritus Pro Bono Status<\/a><\/u>. \u00a0Use this form if you are an inactive North Carolina lawyer or active North Carolina lawyer seeking inactive status simultaneous to submission of the emeritus petition.\u00a0<\/i>You must provide discipline related documents if applicable.\u00a0 If you are a lawyer licensed in another jurisdiction, see below.<\/i><\/p>\n

Petition for Pro Bono Practice by Out-of-State Lawyers<\/a><\/u>.\u00a0 Use this form if you are an out-of-state lawyer, whether inactive in your out-of-state jurisdiction or currently active.\u00a0 Out-of-state lawyers must provide a certificate of good standing from all jurisdictions in which the lawyer is licensed to practice law and discipline-related documents if applicable.<\/i><\/p><\/blockquote>\n

2. Identify an active North Carolina lawyer in good standing at a supporting nonprofit legal services corporation to serve as a supervisor.\u00a0 The supervising attorney must complete the\u00a0Statement Regarding Supervision<\/a>.<\/p>\n

3. Submit all forms and supporting documents to the North Carolina State Bar, Membership Department, P.O. Box 26088, Raleigh, NC 27611. Materials should be submitted at least thirty days prior to the Council meeting when you want your petition to be considered.\u00a0 Council meetings are held annually in January, April, July, and October (see calendar of upcoming Council meetings<\/a><\/u>).<\/p>\n

Frequently Asked Questions:<\/h3>\n

Am I required to pay membership dues while in pro bono status? \u00a0<\/b>Inactive lawyers, including those with emeritus status, do not pay membership dues.\u00a0 Out-of-state lawyers also do not pay membership dues to the North Carolina State Bar.<\/p>\n

Under pro bono status must I continue to fulfill continuing legal education requirements?\u00a0<\/b>Mandatory continuing legal education is not required by the North Carolina State Bar for pro bono practice lawyers, whether inactive with emeritus status or out-of-state. \u00a0If you are interested in attending continuing legal education seminars, you are certainly still eligible to do so.\u00a0 Various legal services providers often host free CLE trainings for those who have agreed to serve as volunteer lawyers.<\/p>\n

Is there a minimum requirement for the number of pro bono hours that emeritus pro bono lawyers or out-of-state pro bono lawyers must complete each year?<\/b>\u00a0No, there is no minimum requirement.<\/p>\n

Because I am inactive, I no longer carry malpractice insurance.\u00a0 Will the supporting nonprofit organization provide coverage?<\/b>\u00a0Most legal services providers that frequently utilize pro bono lawyers include coverage for volunteer work in their malpractice insurance policy.\u00a0 You should ask the supporting nonprofit organization if their policy will cover you.<\/p>\n

Why do I need a supervising attorney?<\/b>\u00a0Per the statute which allows creation of a pro bono status for inactive or out-of-state lawyers,\u00a0N.C.G.S. 84-16<\/a><\/u>, lawyers granted pro bono status must work under the supervision of an active member of the North Carolina State Bar working within a nonprofit corporation qualified to render legal services.\u00a0 Despite your experience in the field, the supervising lawyer\u00a0will be the active North Carolina lawyer\u00a0with ultimate responsibility for your work and cases.<\/p>\n

Who is eligible to serve as a supervising lawyer?\u00a0<\/b>The supervising lawyer\u00a0must be a licensed member of the North Carolina State Bar in good standing.\u00a0 The lawyer\u00a0must work at a nonprofit organization that provides legal services to low-income individuals.\u00a0 The lawyer\u00a0must submit a statement<\/a><\/u> agreeing to supervise the emeritus or out-of-state pro bono lawyer.<\/p>\n

Where can I volunteer?\u00a0 What opportunities are available for pro bono service?\u00a0<\/b>Pro bono opportunities<\/a> are available in a wide variety of practice areas and can accommodate varying time commitments.<\/p>\n

What are the guidelines for in-court practice? <\/strong>A lawyer with Pro Bono Practice Status may under supervision: 1) give advice on matters of NC law provided the lawyer clearly explains pro bono status and<\/span> the supervising lawyer determines he or she is qualified in that subject area; and 2) represent an eligible person in any proceeding before a federal, state, or local tribunal, including an administrative agency, if the pro bono lawyer gives notice of pro bono status to the tribunal or agency and the supervising lawyer approved the representation. A statement advising the tribunal or agency of the lawyer\u2019s Pro Bono Practice Status shall be filed with the tribunal and made a part of the record in the case. The State Bar Council\u2019s Order granting Pro Bono Practice Status may be used for this purpose. \u00a0For additional information, see the Guidelines for In-Court Practice<\/strong>\u00a0found on the petitions linked above.<\/p><\/blockquote>\n

Links:<\/h3>\n

Share this\u00a0handout\u00a0with attorneys interested in Pro Bono Status for inactive or out-of-state attorneys.<\/p>\n

Visit the North Carolina State Bar website<\/a><\/u> for information about the process of obtaining inactive status.\u00a0 If you have other questions about inactive status, contact the State Bar\u2019s Membership Department at 919-828-4620.<\/p>\n

Connect with the\u00a0Transitioning Lawyers Commission\u00a0of the North Carolina Bar Association<\/a><\/u> for information about planning and preparing for retirement from the practice of law including information about intervention and resources for caregivers.<\/p>\n

Administrative Rules Related to Emeritus Pro Bono and Out-of-State Pro Bono Practice:<\/h3>\n

Subchapter A, Section .0200, .0201(c)(2)(F)<\/a><\/u>\u00a0\u2013 creating pro bono emeritus as category within inactive status of membership;<\/p>\n

Subchapter D, Section .0900, 0901(b)(3)<\/a><\/u>\u00a0\u2013 standard for granting petition for pro bono emeritus status; and<\/p>\n

Subchapter D, Section 0900, .0905<\/a><\/u>\u00a0\u2013 rules for out of state lawyers seeking pro bono emeritus status.<\/p>\n","protected":false},"excerpt":{"rendered":"

Pro bono practice status allows inactive and out-of-state lawyers to serve their community by providing pro bono legal assistance to indigent clients through a nonprofit legal services corporation. \u00a0Lawyers granted pro bono practice status will not incur membership dues from the North Carolina State Bar and will not be required to complete mandatory continuing legal... <\/p>\n","protected":false},"author":55,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[38],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/ncprobono.org\/dev\/wp-json\/wp\/v2\/posts\/1006"}],"collection":[{"href":"https:\/\/ncprobono.org\/dev\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ncprobono.org\/dev\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ncprobono.org\/dev\/wp-json\/wp\/v2\/users\/55"}],"replies":[{"embeddable":true,"href":"https:\/\/ncprobono.org\/dev\/wp-json\/wp\/v2\/comments?post=1006"}],"version-history":[{"count":10,"href":"https:\/\/ncprobono.org\/dev\/wp-json\/wp\/v2\/posts\/1006\/revisions"}],"predecessor-version":[{"id":2956,"href":"https:\/\/ncprobono.org\/dev\/wp-json\/wp\/v2\/posts\/1006\/revisions\/2956"}],"wp:attachment":[{"href":"https:\/\/ncprobono.org\/dev\/wp-json\/wp\/v2\/media?parent=1006"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ncprobono.org\/dev\/wp-json\/wp\/v2\/categories?post=1006"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ncprobono.org\/dev\/wp-json\/wp\/v2\/tags?post=1006"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}