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Rule 4-6.5 — Voluntary Pro Bono Plan

Rule Text (verbatim from The Florida Bar)

(a) Purpose. The purpose of the voluntary pro bono lawyer
plan is to increase the availability of legal service to the poor and
expand pro bono legal service programs.
(b) Standing Committee on Pro Bono Legal Service. The
president-elect of The Florida Bar appoints the standing committee
on pro bono legal service to the poor.
(1) Composition of the Standing Committee. The standing
committee consists of no more than 25 members and includes, but
is not limited to:
(A) 5 past or current members of the board of
governors The Florida Bar, 1 of whom is the chair or a member of
the access to the legal system committee of the board of governors;
(B) 5 past or current directors of The Florida Bar
Foundation;
(C) 1 trial judge and 1 appellate judge;
(D) 2 representatives of civil legal assistance
providers;
(E) 2 representatives from local and statewide
voluntary bar associations;
(F) 2 public members, 1 of whom is a representative
of the poor;

(G) the president or designee of the Board of
Directors of Florida Legal Services, Inc.;
(H) 1 representative of the Out-of-State Division of
The Florida Bar; and
(I) the president or designee of the Young Lawyers
Division of The Florida Bar.
(2) Responsibilities of the Standing Committee. The
standing committee will:
(A) identify, encourage, support, and assist
statewide and local pro bono projects and activities;
(B) receive reports from circuit committees
submitted on standardized forms developed by the standing
committee;
(C) review and evaluate circuit court pro bono
plans;
(D) submit an annual report on the activities and
results of the pro bono plan to the board of governors of The Florida
Bar, the Florida Bar Foundation, and the Supreme Court of Florida;
(E) present to the board of governors of The Florida
Bar and to the Supreme Court of Florida any suggested changes or
modifications to the pro bono rules.
(c) Circuit Pro Bono Committees. The chief judge of each
circuit, or the chief judge’s designee, appoints the circuit pro bono
committee members, and the committee will appoint its chair.
(1) Composition of Circuit Court Pro Bono Committee.
Each circuit pro bono committee is composed of:
(A) the chief judge of the circuit or the chief judge’s
designee;
(B) to the extent feasible, 1 or more representatives
from each voluntary bar association, including each federal bar

association, recognized by The Florida Bar and 1 representative
from each pro bono and legal assistance provider in the circuit
nominated by the association or provider; and
(C) at least 1 public member and at least 1 client-
eligible member nominated by the other members of the circuit pro
bono committee.
Each circuit pro bono committee determines its own
governance and terms of service.
(2) Responsibilities of Circuit Pro Bono Committee. The
circuit pro bono committee will:
(A) prepare in written form a circuit pro bono plan
after evaluating the needs of the circuit and making a determination
of present available pro bono services;
(B) implement the plan and monitor its results;
(C) submit an annual report to The Florida Bar
standing committee;
(D) use current legal assistance and pro bono
programs in each circuit, to the extent possible, to implement and
operate circuit pro bono plans and provide the necessary
coordination and administrative support for the circuit pro bono
committee;
(E) encourage more lawyers to participate in pro
bono activities by preparing a plan that provides for various support
and educational services for participating pro bono attorneys,
which, to the extent possible, should include:
(i) intake, screening, and referral of
prospective clients;
(ii) matching cases with individual lawyer
expertise, including the establishment of practice area panels;
(iii) resources for litigation and out-of-pocket
expenses for pro bono cases;

(iv) legal education and training for pro bono
attorneys in particular areas of law useful in providing pro bono
legal service;
(v) consultation with lawyers who have
expertise in areas of law with respect to which a volunteer lawyer is
providing pro bono legal service;
(vi) malpractice insurance for volunteer pro
bono lawyers with respect to their pro bono legal service;
(vii) procedures to ensure adequate
monitoring and follow-up for assigned cases and to measure client
satisfaction; and
(viii) recognition of pro bono legal service by
lawyers.
(d) Pro Bono Service Opportunities. The following are
suggested pro bono service opportunities that should be included in
each circuit plan:
(1) represent clients through case referral;
(2) interview prospective clients;
(3) participate in pro se clinics and other clinics in which
lawyers provide advice and counsel;
(4) act as co-counsel on cases or matters with legal
assistance providers and other pro bono lawyers;
(5) provide consultation services to legal assistance
providers for case reviews and evaluations;
(6) participate in policy advocacy;
(7) provide training to the staff of legal assistance
providers and other volunteer pro bono attorneys;
(8) make presentations to groups of poor persons
regarding their rights and obligations under the law;

(9) provide legal research;
(10) provide guardian ad litem services;
(11) provide assistance in the formation and operation of
legal entities for groups of poor persons; and
(12) serve as a mediator or arbitrator at no fee to the
client-eligible party.
Added June 23, 1993, effective Oct. 1, 1993 (630 So.2d 501); amended
December 20, 2007, effective March 1, 2008 (978 So.2d 91); amended May
29, 2014, effective June 1, 2014 (140 So.3d 541); amended May 21, 2015,
corrected June 25, 2015, effective October 1, 2015 (164 So.3d 1217);
amended January 4, 2019, effective March 5, 2019 (267 So.3d 891).

Educational reference. This page summarizes a Florida Rule of Professional Conduct for educational purposes. The rule text and Comment are mirrored from the Florida Bar's official publication and are public domain. The plain-English summary and any commentary are the opinion of Phillips, Hunt & Walker and are general information only — not legal advice. Reading this page does not create an attorney-client relationship. If you believe a Florida lawyer has violated this rule, you can file a complaint with The Florida Bar at floridabar.org. Past results do not guarantee a similar outcome.

What this rule means in plain English

This rule codifies Florida’s voluntary pro bono lawyer plan, run by a standing committee appointed by the Bar president-elect. The committee includes representatives from the Bar’s board, legal aid programs, the judiciary, and the public. The structure exists to coordinate pro bono delivery statewide rather than leaving it to individual lawyer initiative.

Florida Bar Ethics Opinions interpreting this rule

  • Opinion 71-69 (1971)
    <p>A group of Florida lawyers can form a nonprofit corporation to provide free legal services to people who cannot afford counsel but don't qualify for traditional Legal Aid. The structure must avoid any nonlawyer control over the legal services and any improper fee arrangements, but the basic concept — lawyers banding together to serve a gap population — has explicit Bar blessing.</p>

    Read on floridabar.org →
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