Youngstown Daily Legal News

Retired lawyers may be a solution to getting legal help for low-income Ohioans

ANNIE YAMSON
Special to the Legal News
Published: May 25, 2016

This year, the Supreme Court of Ohio’s new emeritus pro bono attorney registration status will mark yet another turning point in Ohio’s quest to increase access to justice in the state.

In the midst of what many call a legal aid funding “crisis,” 2015 saw a shift in the tides with the first increase in funding for legal aid since 2007 and the Ohio legislature’s first budget appropriation for legal aid to service low-income veterans.

But according to the March 2015 recommendations of the Ohio Supreme Court Task Force on Access to Justice, inadequate funding is not the only reason that many Ohioans cannot secure legal representation.

The report cited cultural and structural barriers in addition to a funding crisis as impediments to legal representation for low-income populations.

Of the many recommendations made by the task force, one of the new rules adopted by the state Supreme Court will take effect in September of this year: the adoption of an Emeritus Rule, which will permit senior attorneys who are no longer actively engaged in the practice of law to provide pro bono legal services.

“The task force believes that many senior attorneys would be eager to perform pro bono legal work but are precluded from doing so because they are on ‘inactive’ registration status,” the report states. “The task force further believes that many senior attorneys register for inactive status not only because they are no longer practicing but also because they no longer wish to take minimum continuing legal education hours and pay the biennial attorney registration fee.”

The new rule that will come into effect on Sept. 15 makes changes to Rule VI of the Rules for the Government of the Bar of Ohio and adopts some of the task force’s recommendations, with revisions.

For instance, the original proposal was revised to eliminate the requirement that the emeritus attorney be 65 years of age or older to qualify for the status and, instead, requires only that he or she have practiced law for a minimum of 15 years.

The rule also adopts a biennial registration requirement and a fee of $75, a discounted rate from the $275 charged to attorneys who register for active status. And, upon expiration or revocation of the attorney’s emeritus status, the lawyer will be required to file for either active or inactive attorney status.

To be eligible for the role, a lawyer must be admitted to the practice of law in Ohio and be in good standing with the courts.

Under the adopted rule, the attorney must work on behalf of a “pro bono organization” such as a law school clinic, legal aid, public defender’s office or other approved legal services organization.

And, the role comes with a few more caveats.

The attorney will be required to “appear before any court of administrative agency on behalf of the a client of the organization” provided he or she has the consent of the client and the written approval of a supervising, active-status attorney.

The emeritus attorney will be able to provide “routine legal services” without supervision and “engage in activities necessary for any legal matter in which the attorney is involved.”

The lawyer will also have to comply with continuing legal education requirements and will not be compensated for their work, with the exception of expenses incurred in connection with services rendered.

The pro bono organization supervising the attorney will be required to provide professional liability insurance coverage.

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