Pro Bono Representation Agreement Template

1. Overview

A pro bono representation agreement sets out the terms under which an attorney or law firm provides free legal services to a client who cannot afford counsel. Although the services are unpaid, the relationship remains a professional engagement governed by ethical rules, clientlawyer privilege, and procedural requirements. A clear, written agreement helps both parties understand their rights and responsibilities, reduces misunderstandings, and protects the attorney from potential liability.

The template presented here can be adapted for a variety of practice areasfamily law, immigration, civil rights, housing, and more. It follows the basic structure recommended by most bar associations while allowing flexibility for jurisdictionspecific rules.

2. Key Elements of a Pro Bono Agreement

Every effective agreement should contain the following sections:

• Parties and Contact Information Full legal names, addresses, phone numbers, and email addresses for both the attorney (or firm) and the client.
• Scope of Representation A precise description of the matters to be handled (e.g., filing a petition, appearing at a hearing, drafting contracts). Include any limitations, such as up to filing or excluding appeals.
• Fees and Costs State that legal fees are waived, but the client may be responsible for unavoidable costs (court filing fees, expert fees, travel). Explain reimbursement expectations.
• Termination Conditions under which either party may end the relationship (e.g., client obtains paid counsel, conflict of interest, failure to cooperate, or attorneys inability to continue).
• Confidentiality Reaffirm that all communications are subject to attorneyclient privilege and that the attorney will maintain confidentiality in accordance with professional rules.
• Conflict of Interest Disclosure A statement confirming that the attorney has performed a conflict check and found none, or a description of any identified conflict and how it is being addressed.
• Communication Expected methods and frequency of updates, and client responsibilities (providing timely information, attending meetings).
• Consequences of NonPayment of Costs The process for collecting costs, including possible referral to a legal aid organization or request for a payment plan.
• Governing Law The state or jurisdiction whose laws will apply to the agreement.
• Signatures Spaces for both parties to sign and date the agreement.

3. Sample Pro Bono Representation Agreement

NOTE: This is a generic template. Adapt language to match local rules and the specific facts of your case.

PRO BONO REPRESENTATION AGREEMENTThis Agreement is made on ___________ (date) by and between:Attorney/Law Firm:Name: ________________________________________Address: ______________________________________Phone: ________________________________________Email: ________________________________________Client:Name: ________________________________________Address: ______________________________________Phone: ________________________________________Email: ________________________________________1. Scope of RepresentationThe Attorney agrees to represent the Client in the following matter:__________________________________________________________________________________________________________________________(Brief description of the case, phases, and any limits.)2. FeesThe Attorney will provide all legal services on a pro bono basis. No hourly fees or retainers will be charged.3. CostsThe Client is responsible for outofpocket expenses incurred in this matter, including but not limited to:- Court filing fees- Service of process- Expert witness fees- Travel expensesThe Attorney will provide an itemized statement of such costs and will seek reimbursement from the Client within 30 days of receipt.4. ConfidentialityAll communications between Attorney and Client are confidential and subject to attorneyclient privilege.5. Conflict of InterestA conflict check has been performed. No conflicts have been found / The following conflict exists: ____________ (describe) and has been waived by the Client.6. TerminationEither party may terminate this representation at any time by written notice. Upon termination, the Attorney will provide the Client with a copy of the file and a final billing of any outstanding costs.7. CommunicationThe Attorney will keep the Client reasonably informed about the status of the case. The Client agrees to respond promptly to requests for information.8. Governing LawThis Agreement shall be governed by the laws of the State of ___________.9. Entire AgreementThis document constitutes the entire agreement between the parties and supersedes any prior oral or written understandings._____________________________________Attorney Signature                Date_____________________________________Client Signature                  Date        

4. Customizing the Template

When adapting the template, consider the following:

• Jurisdictional Rules: Some states require a written fee agreement even for free services. Verify local bar requirements.
• Specific Costs: List typical costs for the practice area (e.g., immigration filing fees). Provide cost estimates when possible.
• Client Capacity: If the client has limited literacy or language skills, provide the agreement in plain language or a translated version.
• Legal Aid Partnerships: If the attorney works through a legal aid organization, include the organizations name and any additional terms.
• Electronic Signatures: Courts increasingly accept esignatures. Include a clause permitting electronic execution.

5. Best Practices for Pro Bono Representation

1. Document Everything: Keep detailed notes of client interviews, advice given, and case developments.
2. Maintain a Clear Timeline: Set realistic deadlines and share them with the client.
3. Monitor Costs: Track expenses as they accrue to avoid surprise bills.
4. Provide Resources: Offer the client information about free or lowcost services (e.g., translation, counseling).
5. Stay Informed on Ethics: Review the ABA Model Rules of Professional Conduct, especially Rule 1.5 (Fees) and Rule 1.8 (Conflict of Interest).
6. Plan for Transition: If the case may later require paid counsel, identify potential referrals early.
7. Evaluate Impact: After the representation ends, assess outcomes and gather feedback to improve future pro bono work.