MARYLAND RULES OF PROCEDURE
TITLE 16
- COURTS, JUDGES, AND ATTORNEYS
CHAPTER 900
- PRO BONO LEGAL SERVICE
ADD
new Rule 16-902, as follows:
Rule
16-902. LOCAL PRO BONO COMMITTEES AND PLANS
(a)
Local Pro Bono Committees
(1) Creation
There
is a Local Pro Bono Committee for each county.
(2) Members
(A) The
Local Pro Bono Committee consists of no more than 11 members,
as follows:
(i) the District Public Defender for the county or an assistant
public defender selected by the District Public Defender;
(ii) at least
three but no more than five lawyers, appointed by the president
of the county bar association, who practice in the county and
at least one of whom is an officer of the county bar association;
(iii) at least two but no more than three
representatives nominated by legal services organizations and
pro bono referral organizations that provide services in the county
and selected by the County Administrative Judge and the District
Administrative Judge; and
(iv) at least one but no more than two
persons from the general public, appointed jointly by the County
Administrative Judge and the District Administrative Judge.
(3) Chair
The
Committee shall elect a member to serve as chair.
(4) Consultants
The
Committee may designate a reasonable number of consultants from
among court personnel or representatives of other organizations
or agencies concerned with the provision of legal services to
persons of limited means.
(b) Duties of the Committee
The Local
Pro Bono Committee shall:
(1) assess the needs
in the county for pro bono legal service, including the needs
of non-English speaking, minority, and isolated populations;
(2) determine the nature and extent of existing
and proposed free or low-cost legal services, both staff and volunteer,
for persons of limited means in the county;
(3) establish goals and priorities for pro
bono legal service
in the county;
(4) prepare a Local
Pro Bono Action Plan as provided in section (c) of this Rule;
(5) in accordance with the policies and directives
established by the Standing Committee or the Court of Appeals,
implement or monitor the implementation of the Plan; and
(6) submit an annual
report about the Plan to the Standing Committee.
(c) Local Pro Bono Action Plans
(1) Generally
The
Local Pro Bono Committee shall develop, in coordination with existing
legal services organizations and pro bono referral organizations
that provide services in the county, a detailed Local Pro Bono
Action Plan to promote pro bono legal service to meet the needs
of persons of limited means in the county.
The Plan shall be submitted to the Standing Committee within
one year after creation of the Local Committee.
With the approval of the Standing Committee, a single joint
Pro Bono Action Plan may be developed for two or more adjoining
counties, by collaboration of the Local Pro Bono Committees.
(2) Contents
The
Local Pro Bono Action Plan shall address the following matters:
(A) screening
applicants for pro bono representation and referring them to appropriate
referral sources or panels of participating attorneys;
(B) establishing
or expanding attorney referral panels;
(C) continuing
and supporting current services provided by existing pro bono
and legal services organizations;
(D) a
procedure for matching cases with individual attorney expertise,
including specialized panels;
(E) support
for participating attorneys, including
(i) providing litigation resources and out-of-pocket expenses for
pro bono cases;
(ii) providing or supplementing legal malpractice insurance for
participating attorneys;
(iii) providing legal education and training
for participating attorneys in specialized areas of the law relevant
to pro bono legal service, including consultation services with
attorneys who have expertise in areas of law in which participating
attorneys seek to provide pro bono service; and
(iv) recommending
court scheduling and docketing preferences for pro bono cases;
(F) methods of
informing lawyers about the ways in which they may provide pro
bono legal service;
Committee
note: Ways in which lawyers may provide pro bono legal service
include assisting in the screening and intake process;interviewing
prospective clients and providing basic consultation; participating
in pro se clinics or other programs in which lawyers provide advice
and counsel, assist persons in drafting letters or documents,
or assist persons in planning transactions or resolving disputes
without the need for litigation; representing clients through
case referral; acting as co-counsel with legal service providers
or other participating attorneys; providing consultation to legal
service providers for case reviews and evaluations; training or
consulting with other participating attorneys or staff attorneys
affiliated with a legal service provider; engaging in legal research
and writing; and, if qualified through training and experience,
serving as a mediator, arbitrator, or neutral evaluator.
(G) coordinating
implementation of the Plan with the courts, county bar associations,
and other agencies and organizations;
(H) the number
of hours of pro bono legal services needed annually to meet the
needs of persons of limited means in the county; and
(I) programs to recognize lawyers who provide
pro bono legal services.
Source: This Rule is new.