Bar News - July 4, 2003
Members Endorse Pro Bono Member Category
BAR MEMBERS WHO are on inactive status but wish to contribute their time and skills to the Pro Bono Program may soon be able to take advantage of a new NHBA membership category.
A limited-active status category was approved unanimously by voice vote at a special NHBA membership meeting held at the Bar Center on June 18. Under the new category, otherwise inactive attorneys who agree to actively participate in the Bar’s Pro Bono Referral Program will be required to pay only 10 percent of the active dues amount. The NH Supreme Court must also approve the amendment to the Bar’s constitution.
"I am delighted that the members supported this change," said John Norton, a Keene attorney who is chair of the Pro Bono Governing Board. Norton said that New Hampshire joins about 10 other states that encourage pro bono participation by creating a limited-active status category. But the Bar’s proposal, he believes, is unique because it does not have a minimum age, unlike most states that limit the privilege to older attorneys. Norton said that the Pro Bono Board’s original proposal had set an age limit, but that members of the Board of Governors, in reviewing the proposal, suggested removing the age limit. "That was an idea to which we heartily concurred. Upon reflection, we realized that there was no reason for it. Attorneys may not be practicing for any number of reasons, and if they want to participate, we don’t want to discourage them."
Norton pointed out that the Bar’s Pro Bono Program would provide the volunteers with coverage under the program’s malpractice insurance policy. The Bar is also looking at how CLE credits might be subsidized for Bar members in the limited-active Pro Bono category, as they will still be required to meet their annual NHMCLE requirements.
To be entitled to the status, an attorney must agree to perform at least 40 hours of Pro Bono work, through the Pro Bono Referral Program, annually. (See the accompanying box below for the text of the amendment.)
Another amendment, regarding the status of full-time judicial members, was also approved. The current language of Article II of the Bar’s constitution allows NH judges and federal judges residing in this state to choose either full-time judicial status or inactive status. It makes no provision for NH residents who may be judges in another state system. New language approved at the meeting – which also must be approved by the NH Supreme Court – would change the Bar’s constitution to read: "Justices who are wholly prohibited by statute from engaging in the practice of law shall be considered Full-Time Judicial Members unless they elect to become inactive members."
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Pro Bono Status Amendment
[New] Section 8. Limited Active Membership Status for Pro Bono Service Through the NHBA Pro Bono Referral System
Members who are otherwise not engaged in the practice of law in any jurisdiction, or who occupy a position the duties of which do not require the giving of legal advice or services in New Hampshire or any other jurisdiction, are eligible to request Limited Active Membership Status for NHBA PBRS Pro Bono Service for the sole purpose of providing civil pro bono legal services to the indigent. The annual membership fee for the Limited Active Membership Status for NHBA PBRS Pro Bono Service shall not exceed 10 percent of the Active membership fee. The NHBA Board of Governors reserves the right to grant and rescind Limited Active Membership Status for NHBA PBRS, and strongly encourages members requesting or maintaining this membership status to volunteer for approved civil legal services through the NHBA Pro Bono Referral System for a minimum of 40 hours per year. |
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