Performing Pro Bono Legal Work in the District of Columbia
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Performing Pro Bono Legal Work in the District of Columbia |
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Read about Rule 49 on the DC Bar web site Rule 49 of the D.C. Court of Appeals rules discusses the unauthorized practice of law in D.C. courts. Rule 49(c)(9)(C) provides that federal government attorneys can handle matters in D.C. courts under certain circumstances. This provision was put into the rule with encouragement from the Department in 1996, and incorporated into a full-scale amendment to the rule in early 1998. The rule was intended to make it possible for government lawyers who are not D.C. bar members to represent pro bono clients in D.C. courts. It requires that they be members of another bar, that they have gotten the case from a pro bono legal services organization (so that this ability to appear is not used to represent friends and relatives) and that they be "under the supervision of" a D.C. bar member. The supervision requirement is not defined, but is, according to the Chair of the Committee on Unauthorized Practice of Law, Stuart Pierson, intended to be general oversight, and not day-to-day involvement and not to require appearance in court. The Committee on Unauthorized Practice is a committee of the D.C. courts. It handles complaints under the rule, and on occasion, has issued opinions about the meaning of the rule. Opinion 3-98 clarifies that appearances under the rule do not require a pro hac vice motion to be filed, but do require the completion of a Certificate of Practice Pro Bono Publico. Not all judges on the D.C. courts are familiar with Rule 49(c)(9)(C) and its requirements. Some judges continue to think that a pro hac vice motion is required, when the rule does not so require. The Pro Bono Program has written up proposed procedures that DOJ attorneys should use if they want to take advantage of Rule 49. (See attached.) In addition, in late July 1998, the Pro Bono Manager sent a letter to the Chief Judges of both the D.C. Court of Appeals and the Superior Court to remind them of the rule and encourage familiarity with its provisions. District of Columbia Court of Appeals Rule 49 (Unauthorized Practice of Law) D.C. Bar Rule 49(c) provides: The following activity in the District of Columbia is excepted from the prohibitions of section (a) of this Rule, provided the person is not otherwise engaged in the practice of law or holding out as authorized or competent to practice law in the District of Columbia: . . . . (9) Pro Bono Legal Services. Providing legal services pro bono publico in the following circumstances: . . . . (C) Where the person is an officer or employee of the United States, is a member in good standing of the highest court of a state or territory, and is assigned or referred by an organization that provides legal services to the public without a fee; provided that the person is supervised by an enrolled, active member of the District of Columbia Bar. Procedure for Pro Bono Practice by Non-D.C. Bar Members Under the amended Unauthorized Practice of Law Rule (Rule 49(c)(9)(C)) that permits federal government lawyers who are not D.C. Bar members to do pro bono work in D.C. under certain conditions, a Certification of Practice Pro Bono Publico needs to be completed by non-D.C. Bar members. Your Pro Bono Committee representative or the Pro Bono Program Manager will have copies of the form, which is also appended to the Rule. According to Opinion 3 - 98 of the D.C. Court of Appeals Committee on the Unauthorized Practice of Law, neither an application nor a motion to appear pro hac vice is required. (A judge may require additional filings, however.) 1. In all pro bono matters, obtain and complete a Certification of Practice Pro Bono Publico. (Note that the form requires the signature and bar number of the D.C. Bar member that will be supervising you.) 2. Bring the document to the Committee on Unauthorized Practice at the Court (Room 4200, 500 Indiana Ave., N.W.). No fee is required, but you will receive a receipt. 3. In any case in which you appear in the D.C. courts, file the document and obtain a receipt or file-stamped copy from the Superior Court Clerk. 4. You should keep the Certificate (and a copy of Opinion 3-98) with you, especially when you appear in court. Not all judges are familiar with the Opinion, and with the fact that a pro hac vice motion is not required. It may be necessary to show them a copy of the Rule and the Opinion. If you have any questions, or experience any problems using the pro bono publico certificate, please contact the DOJ Pro Bono Program Manager, Laura Klein, at (202) 353-7529. June, 2002 SUPERIOR COURT OF THE DISTRICT OF COLUMBIA ________________________ ) __________________ ) Plaintiff/Appellant ) CERTIFICATE OF PRACTICE ) PRO BONO PUBLICO v. ) ) ________________________ ) Case No. ____________ Defendant/Appellee ) ) ___________________________) I certify under District of Columbia Court of Appeals Rule 49(c)(9): 1. That I am a member in good standing of the bar(s) of ____________________________ 2. That I am an officer or employee of the United States government; 3. I received the case from [name of organization], an organization providing legal services without fee; 4. I am supervised by an enrolled, active member of the D.C. Bar. That member is [name, address, phone number]. 5. I understand that under Rule 49(c)(9), I am subject to the District of Columbia Rules of Professional Conduct and the enforcement procedures applicable thereto to the same extent as if I were an enrolled, active member of the District of Columbia Bar. I further understand that my conduct is subject to all authority of the courts in which I practice. _____________________________
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