Law Practice Essentials

Lawyers are encouraged to volunteer in pro bono settings. You must, however, be aware of the possibility of conflicts of interest arising from your volunteer work. Rule 3.4-15 of the Code of Conduct provides guidance on managing conflicts when delivering short-term legal services in a non-profit setting.

For reference, “short-term legal services” means advice or representation of a summary nature provided by a lawyer to a pro bono client under the auspices of a non-profit organization with the expectation by the lawyer and the client that the lawyer will not provide continuing representation. 

You may provide pro bono short-term legal services through a non-profit legal services provider unless:  

• you are aware that the client’s interests are directly adverse to the immediate interests of another current client, your firm or the non-profit legal services provider; and,
• you are aware that you or your firm may be disqualified from acting due to the possession of confidential information which could be used to the disadvantage of a current or former client, the law firm or the non-profit legal services provider.

If you provide short-term legal services, other lawyers from your firm may represent other clients whose interests are adverse to those of the client receiving short-term legal services. However, you must ensure that adequate screening measures are put in place.

These screening measures should include ensuring that you have no involvement in the representation of the firm client, including no discussions with the lawyers representing that client. Discussions regarding the firm client must be restricted to the limited group providing legal services to that client. See the commentary to Rule 3.4-15 and Rule 3.4-10 for suggestions on reasonable screening measures.

When you provide short-term legal services, you should consider whether the client requires additional legal services beyond an initial consultation. You should ensure that the client is aware of the limited nature of the consultation and encourage and assist the client to obtain further legal services.

If you intend to act for a client for whom you provided short-term legal services on an on-going basis, you must comply with the regular conflict of interest Rules.