A lawyer should render public interest legal service. A lawyer may discharge this responsibility by providing professional services at no fee or a 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.

[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 4-6.1 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.

A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause, such as:

(a) representing the client is likely to result in violation of the Rules of Professional Conduct or other law;

(b) representing the client is likely to result in an unreasonable financial burden on the lawyer; or

(c) the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer's ability to represent the client.

[1] A lawyer ordinarily is not obliged to accept a client whose character or cause the lawyer regards as repugnant. The lawyer's freedom to select clients is, however, qualified. All lawyers have a responsibility to assist in providing  pro bono publico service.  See Rule 4-6.1. An individual lawyer fulfills this responsibility by accepting a fair share of unpopular matters or indigent or unpopular clients. A lawyer may also be subject to appointment by a court to serve unpopular clients or persons unable to afford legal services.

[2] For good cause a lawyer may seek to decline an appointment to represent a person who cannot afford to retain counsel or whose cause is unpopular. Good cause exists if the lawyer could not handle the matter competently,  see Rule 4-1.1, or if undertaking the representation would result in an improper conflict of interest, for example, when the client or the cause is so repugnant to the lawyer as to be likely to impair the client-lawyer relationship or the lawyer's ability to represent the client. A lawyer may also seek to decline an appointment if acceptance would be unreasonably burdensome, for example, when it would impose a financial sacrifice so great as to be unjust.

[3] An appointed lawyer has the same obligations to the client as retained counsel, including the obligations of loyalty and confidentiality, and is subject to the same limitations on the client-lawyer relationship, such as the obligation to refrain from assisting the client in violation of the Rules.

A lawyer may serve as a director, officer, or member of a legal services organization, apart from the law firm in which the lawyer practices, notwithstanding that the organization serves persons having interests adverse to a client of the lawyer. The lawyer shall not knowingly participate in a decision or action of the organization:

(a) if participating in the decision or action would be incompatible with the lawyer's obligations to a client under Rule 4-1.7; or

(b) where the decision or action could have a material adverse effect on the representation of a client of the organization whose interests are adverse to a client of the lawyer.

[1] Lawyers should be encouraged to support and participate in legal service organizations. A lawyer who is an officer or a member of such an organization does not thereby have a client-lawyer relationship with persons served by the organization. However, there is potential conflict between the interests of such persons and the interests of the lawyer's clients. If the possibility of such conflict disqualified a lawyer from serving on the board of a legal services organization, the profession's involvement in such organizations would be severely curtailed.

[2] It may be necessary in appropriate cases to reassure a client of the organization that the representation will not be affected by conflicting loyalties of a member of the board. Established, written policies in this respect can enhance the credibility of such assurances.

A lawyer may serve as a director, officer, or member of an organization involved in reform of the law or its administration notwithstanding that the reform may affect the interests of a client of the lawyer. When the lawyer knows that the interests of a client may be materially benefited by a decision in which the lawyer participates, the lawyer shall disclose that fact but need not identify the client.

[1] Lawyers involved in organizations seeking law reform generally do not have a client-lawyer relationship with the organization. Otherwise, it might follow that a lawyer could not be involved in a bar association law reform program that might indirectly affect a client.  See also Rule 4-1.2(b). For example, a lawyer specializing in antitrust litigation might be regarded as disqualified from participating in drafting revisions of rules governing that subject. In determining the nature and scope of participation in such activities, a lawyer should be mindful of obligations to clients under other Rules, particularly Rule 4-1.7. A lawyer is professionally obligated to protect the integrity of the program by making an appropriate disclosure within the organization when the lawyer knows a private client might be materially benefited.

(a) A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited legal services to a client without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter:

(1) is subject to Rules 4-1.7 and 4-1.9(a) only if the lawyer knows that the representation of the client involves a conflict of interest; and

(2) is subject to Rule 4-1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rules 4-1.7 or 4-1.9(a) with respect to the matter.

(b) Except as provided in Rule 4-6.5(a)(2), Rule 4-1.10 is inapplicable to a representation governed by this Rule 4-6.5.

[1] Legal services organizations, courts, and various nonprofit organizations have established programs through which lawyers provide short-term limited legal services — such as advice or the completion of legal forms - that will assist persons to address their legal problems without further representation by a lawyer. In these programs, such as legal-advice hotlines, advice-only clinics, or pro se counseling programs, a client-lawyer relationship is established, but there is no expectation that the lawyer's representation of the client will continue beyond the limited consultation. Such programs are normally operated under circumstances in which it is not feasible for a lawyer to systematically screen for conflicts of interest as is generally required before undertaking a representation. See, e.g., Rules 4-1.7, 4-1.9, and 4-1.10.

[2] A lawyer who provides short-term limited legal services pursuant to this Rule 4-6.5 must secure the client's informed consent to the limited scope of the representation.  See Rule 4-1.2(c). If a short-term limited representation would not be reasonable under the circumstances, the lawyer may offer advice to the client but must also advise the client of the need for further assistance of counsel. Except as provided in this Rule 4-6.5, the Rules of Professional Conduct, including Rules 4-1.6 and 4-1.9(c), are applicable to the limited representation.

[3] Because a lawyer who is representing a client in the circumstances addressed by this Rule 4-6.5 ordinarily is not able to check systematically for conflicts of interest, Rule 4-6.5(a) requires compliance with Rules 4-1.7 or 4-1.9(a), only if the lawyer knows that the representation presents a conflict of interest for the lawyer, and with Rule 4-1.10, only if the lawyer knows that another lawyer in the lawyer's firm is disqualified by Rules 4-1.7 or 4-1.9(a) in the matter.

[4] Because the limited nature of the services significantly reduces the risk of conflicts of interest with other matters being handled by the lawyer's firm, Rule 4-6.5(b) provides that Rule 4-1.10 is inapplicable to a representation governed by this Rule 4-6.5 except as provided by Rule 4-6.5(a)(2). Rule 4-6.5(a)(2) requires the participating lawyer to comply with Rule 4-1.10 when the lawyer knows that the lawyer's firm is disqualified by Rules 4-1.7 or 4-1.9(a). By virtue of Rule 4-6.5(b), however, a lawyer's participation in a short-term limited legal services program will not preclude the lawyer's firm from undertaking or continuing the representation of a client with interests adverse to a client being represented under the program's auspices. Nor will the personal disqualification of a lawyer participating in the program be imputed to other lawyers participating in the program.

[5] If, after commencing a short-term limited representation in accordance with this Rule 4-6.5, a lawyer undertakes to represent the client in the matter on an ongoing basis, Rules 4-1.7, 4-1.9(a), and 4-1.10 become applicable.

(a) Determination of existence of major disaster. Solely for purposes of this Rule 4-6.6, this Court shall determine when an emergency affecting the justice system, as a result of a natural or other major disaster has occurred in:

(1) this jurisdiction and whether the emergency caused by the major disaster affects the entirety or only a part of this jurisdiction, or

(2) another jurisdiction but only after such a determination and its geographical scope have been made by the highest court of that jurisdiction.

The authority to engage in the temporary practice of law in this jurisdiction pursuant to Rule 4-6.6(c) shall extend only to lawyers who principally practice in the area of such other jurisdiction determined to have suffered a major disaster causing an emergency affecting the justice system and the provision of legal services.

(b) Temporary practice in this jurisdiction following major disaster. Following the determination of:

(1) an emergency affecting the justice system in this jurisdiction pursuant to Rule 4-6.6(a), or

(2) that persons displaced by a major disaster in another jurisdiction and residing in this jurisdiction are in need of pro bono services and the assistance of lawyers from outside of this jurisdiction is required to help provide such assistance, a lawyer authorized to practice law in another United States jurisdiction and not disbarred, suspended from practice, or otherwise restricted from practice in any jurisdiction may provide legal services in this jurisdiction on a temporary basis. Such legal services must be provided on a pro bono basis without compensation, expectation of compensation, or other direct or indirect pecuniary gain to the lawyer. Such legal services shall be assigned and supervised through an established not-for-profit bar association, pro bono program, or legal services program or through such organizations specifically designated by this Court.

(c) Temporary practice in this jurisdiction following major disaster in another jurisdiction. Following the determination of a major disaster in another United States jurisdiction, a lawyer who is authorized to practice law and who principally practices in that affected jurisdiction and who is not disbarred, suspended from practice, or otherwise restricted from practice in any jurisdiction may provide legal services in this jurisdiction on a temporary basis. Those legal services must arise out of and be reasonably related to that lawyer's practice of law in the jurisdiction or area of such other jurisdiction where the major disaster occurred.

(d) Duration of authority for temporary practice. The authority to practice law in this jurisdiction granted by Rule 4-6.6(b) shall end when this Court determines that the conditions caused by the major disaster in this jurisdiction have ended. A lawyer then representing clients in this jurisdiction pursuant to Rule 4-6.6(b) is authorized to continue the provision of legal services for such time as is reasonably necessary to complete the representation, but the lawyer shall not thereafter accept new clients.

The authority to practice law in this jurisdiction granted by Rule 4-6.6(c) shall end 60 days after this Court declares that the conditions caused by the major disaster in the affected jurisdiction have ended.

(e) Court appearances. The authority granted by this Rule 4-6.6 does not include appearances in court except:

(1) pursuant to Rule 9; or

(2) if this Court, in any determination made under Rule 4-6.6(a), grants blanket permission to appear in all or designated courts of this jurisdiction to lawyers providing legal services pursuant to Rule 4-6.6(b).

For appearances under this Rule 4-6.6(e), the fee specified by Rule 6.01(m) and the receipt therefore are waived.

(f) Disciplinary authority and registration requirement. Lawyers providing legal services in this jurisdiction pursuant to Rule 4-6.6(b) or (c) are subject to this Court's disciplinary authority as provided in Rule 4-8.5. Lawyers providing legal services in this jurisdiction under Rule 4-6.6(b) or (c) shall, within 30 days from the commencement of the provision of legal services, file a registration statement with the clerk of this Court. The registration statement shall be in a form prescribed by the clerk.

Any lawyer who provides legal services pursuant to this Rule 4-6.6 shall not be considered to be engaged in the unlawful practice of law in this jurisdiction.

(g) Notification to clients. Lawyers authorized to practice law in another United States jurisdiction who provide legal services pursuant to this Rule 4-6.6 shall inform clients in this jurisdiction of the jurisdiction in which they are authorized to practice law, any limits of that authorization, and that they are not authorized to practice law in this jurisdiction except as permitted by this Rule 4-6.6. They shall not state or imply to any person that they are otherwise authorized to practice law in this jurisdiction.

[1] A major disaster in this or another jurisdiction may cause an emergency affecting the justice system with respect to the provision of legal services for a sustained period of time interfering with the ability of lawyers admitted and practicing in the affected jurisdiction to continue to represent clients until the disaster has ended. When this happens, lawyers from the affected jurisdiction may need to provide legal services to their clients, on a temporary basis, from an office outside their home jurisdiction. In addition, lawyers in an unaffected jurisdiction may be willing to serve residents of the affected jurisdiction who have unmet legal needs as a result of the disaster or, though independent of the disaster, whose legal needs temporarily are unmet because of disruption to the practices of local lawyers. Lawyers from unaffected jurisdictions may offer to provide these legal services either by traveling to the affected jurisdiction or from their own offices or both, provided the legal services are provided on a  pro bono basis through an authorized not-for-profit entity or such other organizations specifically designated by this Court. A major disaster includes, for example, a hurricane, earthquake, flood, wildfire, tornado, public health emergency, or an event caused by terrorists or acts of war.

[2] Under Rule 4-6.6(a)(1), this Court shall determine whether a major disaster causing an emergency affecting the justice system has occurred in this jurisdiction, or in a part of this jurisdiction, for purposes of triggering Rule 4-6.6(b). This Court may, for example, determine that the entirety of this jurisdiction has suffered a disruption in the provision of legal services or that only certain areas have suffered such an event. The authority granted by Rule 4-6.6(b) shall extend only to lawyers authorized to practice law and not disbarred, suspended from practice, or otherwise restricted from practice in any other manner in any other jurisdiction.

[3] Rule 4-6.6(b) permits lawyers authorized to practice law in an unaffected jurisdiction and not disbarred, suspended from practice, or otherwise restricted from practicing law in any other manner in any other jurisdiction to provide  pro bono legal services to residents of the affected jurisdiction following determination of an emergency caused by a major disaster, notwithstanding that they are not otherwise authorized to practice law in the affected jurisdiction. Other restrictions on a lawyer's license to practice law that would prohibit that lawyer from providing legal services pursuant to this Rule 4-6.6 include, but are not limited to, probation, inactive status, disability inactive status, or a non-disciplinary administrative suspension for failure to complete continuing legal education or other requirements. Lawyers on probation may be subject to monitoring and specific limitations on their practices. Lawyers on inactive status, despite being characterized in many jurisdictions as being "in good standing," and lawyers on disability inactive status are not permitted to practice law. Public protection warrants exclusion of these lawyers from the authority to provide legal services as defined in this Rule 4-6.6. Lawyers permitted to provide legal services pursuant to this Rule 4-6.6 must do so without fee or other compensation or expectation thereof. Their service must be provided through an established not-for-profit organization that is authorized to provide legal services either in its own name or that provides representation of clients through employed or cooperating lawyers. Alternatively, this Court may instead designate other specific organizations through which these legal services may be rendered. Under Rule 4-6.6(b), an emeritus lawyer from another United States jurisdiction may provide  pro bono legal services on a temporary basis in this jurisdiction provided that the emeritus lawyer is authorized to provide  pro bono legal services in that jurisdiction pursuant to that jurisdiction's emeritus or  pro bono practice rule. Lawyers may also be authorized to provide legal services in this jurisdiction on a temporary basis under Rule 4-5.5(c).

[4] Lawyers authorized to practice law in another jurisdiction, who principally practice in the area of such other jurisdiction determined by this Court to have suffered a major disaster and whose practices are disrupted by a major disaster there, and who are not disbarred, suspended from practice, or otherwise restricted from practicing law in any other manner in any other jurisdiction are authorized under Rule 4-6.6(c) to provide legal services on a temporary basis in this jurisdiction. Those legal services must arise out of and be reasonably related to the lawyer's practice of law in the affected jurisdiction.

For purposes of this Rule 4-6.6, the determination of a major disaster in another jurisdiction should first be made by the highest court of appellate jurisdiction in that jurisdiction.

For the meaning of "arise out of and reasonably related to,"  see Rule 4-5.5 Comment [14].

[5] Emergency conditions created by major disasters end, and when they do, the authority created by Rule 4-6.6(b) and (c) also ends with appropriate notice to enable lawyers to plan and to complete pending legal matters. Under Rule 4-6.6(d), this Court determines when those conditions end only for purposes of this Rule 4-6.6. The authority granted under Rule 4-6.6(b) shall end upon such determination except that lawyers assisting residents of this jurisdiction under Rule 4-6.6(b) may continue to do so for such longer period as is reasonably necessary to complete the representation. The authority created by Rule 4-6.6(c) will end 60 days after this Court makes such a determination with regard to an affected jurisdiction.

[6] Rules 4-6.6(b) and (c) do not authorize lawyers to appear in the courts of this jurisdiction. Court appearances are subject to Rule 9. This Court may, in a determination made under Rule 4-6.6(e)(2), include authorization for lawyers who provide legal services in this jurisdiction under Rule 4-6.6(b) to appear in all or designated courts of this jurisdiction without need for such  pro hac vice admission. If such an authorization is included, any  pro hac vice admission fees shall be waived. A lawyer who has appeared in the courts of this jurisdiction pursuant to Rule 4-6.6(e) may continue to appear in any such matter notwithstanding a declaration under Rule 4-6.6(d) that the conditions created by major disaster have ended. Furthermore, withdrawal from a court appearance is subject to Rule 4-1.16.

[7] Authorization to practice law as a foreign legal consultant or in-house counsel in a United States jurisdiction offers lawyers a limited scope of permitted practice and may therefore restrict that person's ability to provide legal services under this Rule 4-6.6.

[8] The ABA National Lawyer Regulatory Data Bank is available to help determine whether any lawyer seeking to practice in this jurisdiction pursuant to Rule 4-6.6(b) or (c) is disbarred, suspended from practice or otherwise subject to a public disciplinary sanction that would restrict the lawyer's ability to practice law in any other jurisdiction.