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Home Law

Court of Appeals adopts pro bono requirement

Patrick Gallagher by Patrick Gallagher
October 26, 2012
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The state Court of Appeals recently adopted a new rule requiring prospective lawyers to complete 50 hours of pro bono, or volunteer, legal work prior to being eligible to practice law in New York state.

The rule applies to all students who begin their first or second year of law school after Jan. 1, 2013.

New York becomes the first state to require prospective attorneys to complete a set number of volunteer hours prior to being licensed, according to a Sept. 19 statement released by the New York State Unified Court System.

“There should be no higher aspiration for a lawyer than to work in the public interest, with this new rule going a long way to foster the values of pro bono legal assistance and public service that are so fundamentally rooted in our profession,” said Chief Judge Jonathan Lippman, in a statement.

The New York State Bar Association applauded the new requirement, which was initially proposed, minus a framework for implementation, by Lippman in a May speech.

Those seeking admission to the state bar will be required to file an affidavit of compliance with the appropriate Appellate Division department describing the nature, place and dates of the pro bono work, along with the number of hours completed and a certification by the applicant’s supervising attorney or judge.

The volunteer work must be law-related and can include work in the traditional pro bono areas of legal services for the poor and unrepresented; in public service, including in the judiciary and throughout the levels of federal, state or local government; and for nonprofit organizations, the Unified Court System said.

Additionally, qualifying work may be performed as part of law school-sponsored clinical programs, during summer or part-time employment, through law internship and externship programs, or during the course of employment after graduation so long as it qualifies as pro bono or public service under the new rule.

The rule applies to full- and part-time students, and qualifying volunteer hours can be completed anywhere in the U.S. or abroad.

The rule ultimately adopted by the Court of Appeals was based on recommendations by the Advisory Committee on Pro Bono Bar Admission Requirements, appointed by Lippman following his unveiling of the proposal.

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