Here we address
the most commonly asked questions the CLE Board has received
about pro bono providers & the availability of NY CLE
credit for the performance of legal services under the
pro bono rule.
Q: Some of our attorneys volunteer their time answering
telephone hotline calls. Are these attorneys eligible for
pro bono CLE credit?
A: Under the CLE Board Regulations and Guidelines, a program
is eligible for pro bono CLE credit only if the recipients
of the legal services provided by the program have been screened
for financial eligibility. Therefore, attorneys who participate
in a telephone hotline where callers do not have to demonstrate
financial need before receiving legal advice are ineligible
for pro bono CLE credit.
Q: We are a pro bono provider that provides free legal
services primarily through volunteer attorneys to community-based
nonprofit organizations serving indigent persons. Are we
eligible to become a New York Approved Pro Bono CLE Provider?
A: Pro Bono providers that provide legal services to nonprofit
organizations serving the indigent and who otherwise meet
the eligibility criteria enumerated in section 3(D)(11)(c)
of the CLE Board Regulations and Guidelines, are eligible
for designation as New York Approved Pro Bono CLE Providers.
Q: Some of our firm's junior associates take on pro bono
matters but require guidance and assistance from our firm's
senior associates in their representation of pro bono matters.
Can attorneys who provide guidance and support to these junior
attorneys receive pro bono CLE credit?
A: An attorney who assists another attorney in representing
an indigent client may be eligible for pro bono CLE credit.
Q: We are a pro bono provider that requires our clients
to pay court costs, out-of-pocket expenses or a minimal fee
to offset our administrative costs of providing legal services
to our clients. Does this fee violate the CLE Board's definition
of "uncompensated legal services"?
A: Under the CLE Board Regulations and Guidelines, "uncompensated
legal services" are defined as legal services for which
the provider of the legal services is not compensated by
the recipient of the legal services. The CLE Board believes
that the imposition of minimal administrative and court fees
on the client by the pro bono organization does not fall
within the prohibition of this definition. An attorney who
is providing legal services under these circumstances, therefore,
is not precluded from receiving pro bono CLE credit. Please
note that pro bono CLE credit may not be awarded if any fee
is paid by the recipient to the attorney providing the legal
services.
Q: May an attorney who serves as an arbitrator in fee disputes
earn pro bono CLE credit?
A: Fee arbitration is not eligible for pro bono CLE credit.
Q: We are a pro bono organization comprising attorneys
who volunteer their legal services to effect policy changes
that benefit the indigent. Does this qualify for pro bono
CLE credit?
A: Pro bono CLE credit is not available to attorneys working
to effect policy change, even if the policy they support
might benefit the indigent.
Please do not hesitate to call the CLE office if you should have any questions.
You may contact us at (212) 428-2105 or toll-free for calls from outside
New York
City
at 1(877) NYS-4CLE. |
