Stephanie Edelstein
ABA Commission on Legal Problems of the Elderly
(202) 662-8694
sedelstein@staff.abanet.org
Across the nation, lawyers whose careers have ranged from solo to large firms,
from corporate to government work, from the judiciary to the academic world,
are contributing their time and talent to the provision of legal services to
low income and older persons in their communities. However, unlike lawyers who
engage in traditional pro bono, retired lawyers may face some additional challenges,
which state bar rules have been attempting to address.
In traditional pro bono representation, requests for assistance are screened
by the local bar association or legal services program's pro bono coordinator.
If the prospective client meets eligibility guidelines and the case is within
the program's priorities, the matter is referred to a volunteer lawyer practicing
in the community, who assumes full responsibility for the case from beginning
to end. The volunteer utilizes his or her own office and support staff, and
is covered by his or her own malpractice insurance.
Many senior lawyers are unable to participate in traditional pro bono activities
because they no longer have an office or support staff, they have not maintained
active bar status, or they have retired to a state in which they are not licensed.
Recognizing this, several states have modified their practice rules to permit
retired lawyers to engage in pro bono activities under certain circumstances.
Emeritus rules allow retirees who are not active members of the bars of those
states to practice law, on condition that they only do pro bono work, usually
under the auspices of an approved legal services program. States with pro bono
Emeritus rules include Arizona, California, Delaware, Florida, Georgia, Idaho,
South Carolina, Texas, and Washington. Other states are considering such a rule.
True Emeritus rules are intended to promote pro bono practice by retired lawyers.
Their goals are different from pro hoc vice rules that permit lawyers to enter
their appearance in single cases, in jurisdictions in which they are not licensed.
And they are significantly more expansive than rules that simply waive mandatory
dues or client security trust fund fees for lawyers who have retired from practice
(see, e.g., Nebraska, New York, or Wisconsin rules).
Emeritus rules may have a common goal, but they vary somewhat from state to
state. For example, California, Delaware, and Georgia limit eligibility to those
who are licensed in the particular state, while Arizona, Florida, Idaho, South
Carolina and Texas apply also to lawyers licensed in other states. States may
limit the program to lawyers who meet age and practice requirements. Some states
waive mandatory dues; others simply reduce the obligation.
