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S.C. R. Prof. Conduct 6.1

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 6.1 Voluntary Pro Bono Publico Service

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Rule Text

A lawyer should render public interest legal service. A lawyer may discharge this responsibility by providing professional services at no fee or reduced fee to persons of limited means or to public service or charitable groups or organizations, by service in activities for improving the law, the legal system or the legal profession, and by financial support for organizations that provide legal services to persons of limited means.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Every lawyer should try to give back by doing free or low-cost legal work for people who can't afford it. This might mean helping someone with a legal problem for no charge or at a reduced rate, especially if that person has limited income. It can also mean working with charities or public service groups that need legal help.

Lawyers can also meet this goal in other ways. They might volunteer their time to help improve laws or make the legal system work better. They could also donate money to organizations that provide legal help to people who need it but can't pay for it.

This rule is a recommendation, not something lawyers are forced to do. It reflects the idea that lawyers have special skills that can help people who might otherwise have no way to get legal help. For regular people, this means many lawyers are willing to offer free or discounted services, so it's worth asking if you qualify based on your income or situation.

Committee Notes

Comment:

[1] The ABA House of Delegates has formally acknowledged “the basic responsibility of each lawyer engaged in the practice of law to provide public interest legal services” without fee, or at a substantially reduced fee, in one or more of the following areas: poverty law, civil rights law, public rights law, charitable organization representation and the administration of justice. This Rule expresses that policy but is not intended to be enforced through disciplinary process.

[2] The rights and responsibilities of individuals and organizations in the United States are increasingly defined in legal terms. As a consequence, legal assistance in coping with the web of statutes, rules and regulations is imperative for persons of modest and limited means, as well as for the relatively well to do.

[3] The basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. Every lawyer, regardless of professional prominence or professional workload, should find time to participate in or otherwise support the provision of legal services to the disadvantaged. The provision of free legal services to those unable to pay reasonable fees continues to be an obligation of each lawyer as well as the profession generally, but the efforts of individual lawyers are often not enough to meet the need. Thus, it has been necessary for the profession and government to institute additional programs to provide legal services. Accordingly, legal aid offices, lawyer referral services, and other related programs have been developed, and others will be developed by the profession and government. Every lawyer should support all proper efforts to meet this need for legal services.

← Previous Rule 5.7: Responsibilities Regarding Law Related Services Next → Rule 6.2: Accepting Appointments