In re Petition Filed by AAJC
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Cite as 2011 Ark. 139
SUPREME COURT OF ARKANSAS
No. 11-192
Opinion Delivered March 31, 2011
IN RE PETITION FILED BY ARKANSAS
ACCESS TO JUSTICE COMMISSION
TO PER M IT N O N -AD M ITTED
ATTORNEYS TO PROVIDE PRO
BONO SERVICES
PER CURIAM
The Arkansas Access to Justice Commission petitioned this court to either amend the
Arkansas Rules of Professional Conduct or to adopt an administrative order to permit
attorneys licensed by another jurisdiction, but not admitted in Arkansas, to provide pro bono
services in Arkansas.
As established by the petition, this practice is allowed in other states. See Ill. Sup. Ct.
R. 756 (j) (Pro Bono Authorization for Inactive and Retired Status Attorneys and House
Counsel) and Ga. Sup. Ct. R. 114-120 (Extended Public Service Program). The Arkansas Bar
Association’s Board of Governors and House of Delegates have endorsed the Commission’s
proposal.
We are persuaded that there is merit in allowing out-of-state licensed attorneys, who
work under the auspices of legal services providers, to provide needed pro bono legal services.
This practice will give in-house, corporate counsel the opportunity to volunteer in the
community and will make justice more accessible to low-income Arkansans.
Cite as 2011 Ark. 139
We also conclude that the best approach is to adopt an administrative order.
Administrative Order Number 15 shall be renamed, “Attorneys.” Current Administrative
Order Number 15 shall be redesignated 15.1 and be entitled, “Qualifications and Standards
for Attorneys Appointed to Represent Children and Parents.” The order we adopt today shall
be designated 15.2 and be entitled, “Pro Bono Legal Services by Non-admitted Licensed
Attorneys.”
We adopt, effective immediately, amended Administrative Order Number 15 as set
out below and republish it.
ADMINISTRATIVE ORDERS
Number 15. Attorneys.
15.1. Qualifications and Standards for Attorneys Appointed
to Represent Children and Parents.
...
15.2. Pro Bono Legal Services by Non-admitted Licensed Attorneys.
(a) Authorization to Provide Pro Bono Services. Notwithstanding the limitations on practice for
attorneys who are not licensed by the State of Arkansas, non-admitted attorneys are
authorized to provide pro bono legal services in this state as set out in this order. This order
constitutes legal authorization for purposes of Ark. R. Prof. Conduct 5.5 (d)(2).
(1) The attorney must be licensed in another state or the District of Columbia and be
in good standing in that jurisdiction.
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Cite as 2011 Ark. 139
(2) The attorney shall provide his or her services without charge or an expectation of
a fee to persons of limited means who have been referred to the attorney by an authorized
sponsoring entity as set out in subsection (b) and only through such referrals.
(3) The volunteer attorney shall complete any appropriate training required by the
sponsoring entity and shall additionally comply with the Continuing Legal Education
requirements of any state in which the attorney holds a current license to practice law.
(4) If the volunteer attorney’s services for a client require a court appearance, the
attorney shall comply with the appearance requirements of Rule XIV of the Rules Governing
Admission to the Bar and/or the procedure of the applicable forum, even if the attorney
resides inside the State of Arkansas.
(5) The volunteer attorney agrees to be bound and subject to all applicable Arkansas
Rules of Professional Conduct.
(b) Sponsoring Entity. When providing pro bono services pursuant to this provision, attorney’s
representation shall be under the auspices of a sponsoring entity. The sponsoring entity shall
be a legal aid services provider that represents Arkansas clients, namely Legal Aid of Arkansas,
Inc., Center for Arkansas Legal Services, Inc., Lone Star Legal Aid, Inc., or such other entity
as may be approved by the Arkansas Supreme Court, and shall:
(1) make the volunteer attorney aware of the sponsoring entity’s resources that may
be of assistance to the attorney;
(2) maintain a log on an annual basis of all volunteer attorneys providing legal services
through that sponsoring entity; and
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Cite as 2011 Ark. 139
(3) provide professional malpractice insurance covering the volunteer attorney’s services
if the volunteer attorney is not otherwise covered by professional malpractice insurance.
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