Supreme Court of Missouri
en banc
December 18, 2018
Effective January 1, 2020 (Adopted Rule)
Effective January 1, 2019 (Pilot Project)
Effective January 1, 2020 (Adopted Rule)
Effective January 1, 2019 (Pilot Project)
In re:
(1) Repeal of the heading title of subdivision 6.01, entitled "Annual Enrollment Fee and Statement – Exemptions – Penalties – Pro Hac Vice Fee," of Rule 6, entitled "Fees to Practice Law," and in lieu thereof adoption of a new title of subdivision 6.01, entitled "Annual Enrollment Fee and Statement – Exemptions – Penalties – Pro Hac Vice Fee – Pro Bono Waiver."
(2) Adoption of a new subdivision 6.01(o), entitled "Pro Bono Waiver of Annual Enrollment Fee," of subdivision 6.01, entitled "Annual Enrollment Fee and Statement – Exemptions – Penalties – Pro Hac Vice Fee – Pro Bono Waiver," of Rule 6, entitled "Fees to Practice Law."
(3) Adoption of a new Pilot Project for Pro Bono Waiver Under Adopted Rule 6.01(o).
ORDER
1. It is ordered that effective January 1, 2020, the heading title of subdivision 6.01 of Rule 6 be and the same is hereby repealed and a new heading title of subdivision 6.01 adopted in lieu thereof to read as follows:
6.01 ANNUAL ENROLLMENT FEE AND STATEMENT – EXEMPTIONS – PENALTIES – PRO HAC VICE FEE – PRO BONO WAIVER
2. It is ordered that effective January 1, 2020, the adoption of a new subdivision 6.01(o) of subdivision 6.01 of Rule 6 be and the same is hereby adopted to read as follows:
6.01 ANNUAL ENROLLMENT FEE AND STATEMENT – EXEMPTIONS – PENALTIES – PRO HAC VICE FEE – PRO BONO WAIVER
* * *
(o) Pro Bono Waiver of Annual Enrollment Fee. A lawyer whose Missouri license is in good standing may file a request for waiver of the Missouri annual enrollment fee required by this Rule 6.01 if the lawyer provides or agrees to provide pro bono legal services in Missouri to an approved legal assistance organization and meets the criteria and requirements of this Rule 6.01(o).
Any such renewal is valid until the end of the calendar year in which the statement with certifications is submitted.
(1) A lawyer seeking a pro bono waiver of the annual enrollment fee must:
(2) Upon receipt of a lawyer's sworn statement and associated certifications under this Rule:
(3) A lawyer with a pro bono waiver may annually renew the waiver by submitting, on or before November 1, a statement certifying the following:
(A) Certify to the Supreme Court in a sworn statement provided to the clerk of the Supreme Court each year the waiver is sought the lawyer's agreement that he or she will not practice law in Missouri except as a pro bono lawyer, and will neither ask for nor receive compensation of any kind for the legal services authorized hereunder;
(B) Participate in and comply with any training required by the approved legal assistance organization for which the lawyer is providing pro bono legal services, which training the lawyer may count toward satisfaction of the lawyer's Rule 15 continuing legal education requirements for the MCLE compliance year in which the training was taken if the waiver is approved;
(C) Provide a certification from the highest court in each other state, territory, or district in which the lawyer is licensed to practice law certifying that the lawyer is in good standing;
(D) Provide a certification from an approved legal assistance organization stating the lawyer is currently associated with or has offered to provide pro bono legal services and the approved legal assistance organization is willing to accept those services. The approved legal assistance organization may set a minimum number of pro bono hours that the lawyer seeking certification must agree to provide for that calendar year. For the purposes of this Rule 6.01(o), an "approved legal assistance organization" is one that meets the requirements of section 105.711.2, RSMo, or is approved by this Court for services under this Rule.
(B) Participate in and comply with any training required by the approved legal assistance organization for which the lawyer is providing pro bono legal services, which training the lawyer may count toward satisfaction of the lawyer's Rule 15 continuing legal education requirements for the MCLE compliance year in which the training was taken if the waiver is approved;
(C) Provide a certification from the highest court in each other state, territory, or district in which the lawyer is licensed to practice law certifying that the lawyer is in good standing;
(D) Provide a certification from an approved legal assistance organization stating the lawyer is currently associated with or has offered to provide pro bono legal services and the approved legal assistance organization is willing to accept those services. The approved legal assistance organization may set a minimum number of pro bono hours that the lawyer seeking certification must agree to provide for that calendar year. For the purposes of this Rule 6.01(o), an "approved legal assistance organization" is one that meets the requirements of section 105.711.2, RSMo, or is approved by this Court for services under this Rule.
(2) Upon receipt of a lawyer's sworn statement and associated certifications under this Rule:
(A) The clerk of the Supreme Court shall determine, in the clerk's discretion, whether to approve the initial year's request for a pro bono waiver. In making its determination the clerk shall consider the number of persons applying for the pro bono waiver, the needs of the approved legal assistance organization, the willingness of the approved legal assistance organization to accept pro bono assistance from the lawyer, and the overall needs and responsibilities of administering the pro bono waiver rule.
(B) If the request is approved, the clerk of the Supreme Court shall issue the lawyer a pro bono waiver for the year applied for. The waiver shall be valid until the end of the calendar year in which the certifications are submitted, unless the lawyer or the approved legal assistance organization sends notice to the clerk that the lawyer's participation has ended sooner. The lawyer shall notify the clerk within 30 days of ending his or her participation with the approved legal assistance organization for which the lawyer is providing pro bono legal services. In the event a lawyer that received a pro bono waiver of the annual enrollment fee is no longer participating with the approved legal assistance organization prior to the conclusion of the calendar year for which the waiver was received, the clerk, in the clerk's discretion, may prorate the waiver amount and impose some or all of the annual enrollment fee.
(B) If the request is approved, the clerk of the Supreme Court shall issue the lawyer a pro bono waiver for the year applied for. The waiver shall be valid until the end of the calendar year in which the certifications are submitted, unless the lawyer or the approved legal assistance organization sends notice to the clerk that the lawyer's participation has ended sooner. The lawyer shall notify the clerk within 30 days of ending his or her participation with the approved legal assistance organization for which the lawyer is providing pro bono legal services. In the event a lawyer that received a pro bono waiver of the annual enrollment fee is no longer participating with the approved legal assistance organization prior to the conclusion of the calendar year for which the waiver was received, the clerk, in the clerk's discretion, may prorate the waiver amount and impose some or all of the annual enrollment fee.
(3) A lawyer with a pro bono waiver may annually renew the waiver by submitting, on or before November 1, a statement certifying the following:
(A) He or she continues to provide pro bono legal services to an approved legal assistance organization and has taken part in any required training;
(B) The number of pro bono hours provided in the prior year; and
(C) He or she continues to participate and has taken part in any training required by the approved legal assistance organization. Such training shall continue to count toward the lawyer's annual Rule 15 continuing legal education requirements.
(B) The number of pro bono hours provided in the prior year; and
(C) He or she continues to participate and has taken part in any training required by the approved legal assistance organization. Such training shall continue to count toward the lawyer's annual Rule 15 continuing legal education requirements.
Any such renewal is valid until the end of the calendar year in which the statement with certifications is submitted.
(4) An approved legal assistance organization seeking to utilize lawyers with a pro bono waiver shall certify to the clerk of the Supreme Court by November 1 the following:
(A) The names and bar numbers of the lawyers who will coordinate the activities of any lawyer performing pro bono legal services for the organization under this Rule 6.01(o); and
(B) That it has professional liability malpractice insurance that will cover the lawyer performing pro bono legal services for the organization under this Rule 6.01(o), including coverage available through Missouri's legal expense fund, under section 105.711, RSMo, and the amount of such coverage.
(B) That it has professional liability malpractice insurance that will cover the lawyer performing pro bono legal services for the organization under this Rule 6.01(o), including coverage available through Missouri's legal expense fund, under section 105.711, RSMo, and the amount of such coverage.
3. It is ordered that effective January 1, 2019, The Missouri Bar, in consultation with the Clerk of the Supreme Court of Missouri, is hereby authorized to carry out a pilot project in accordance with the requirements of the adoption of a pro bono waiver of enrollment fee as provided in newly adopted Rule 6.01(o), to run from on or after January 1, 2019, to on or before December 31, 2019.
4. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
5. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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ZEL M. FISCHER
Chief Justice
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ZEL M. FISCHER
Chief Justice