Pro Bono
Our home communities of Camden and Newark are the perfect cities in which to learn and serve. By performing direct service and policy work, Rutgers Law School students develop an appreciation for structural inequities and help real people. Students perform pro bono work in a variety of settings. Most of our projects are in-house partnerships with legal services providers, focused on bankruptcy; community legal education; life planning (medical directives, etc.); international refugee assistance; LGBTQ rights and legal needs; re-entry for returning citizens; and many othe rareas. In addition, students often gain approval to work with partner entities such as the ACLU, various innocence organizations, etc. Students also often organize winter and spring break service projects in New Jersey and throughout the United States.
Rutgers Law strives to inculcate an ethic of service in all law students. Through the Pro Bono Program, students have the opportunity to engage in pro bono work to increase access to justice, build their lawyering skills, and develop a lifelong commitment to public interest. The program supports this vision by collaborating with our home communities, and with students, faculty and attorneys to create meaningful and structured pro bono opportunities for Rutgers law students.
The Rutgers Pro Bono Program is aligned with the university's goals of promoting service-learning; integrating existing resources to create innovative collaborative programs; and promoting publicly-engaged scholarship.
Pro Bono Projects
The Pro Bono Program is informed and guided by American Bar Association Model Rule 6.1: "Every lawyer has a professional repsonsibility to provide legal services to those unable to pay" and directs lawyers to provide pro bono services to "(1) persons of limited means; or (2) charitable, religious, civil, community, governmental and educational organizations in matters which are designed primarily to address the needs of persons of limited means."
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The Alternate Spring Break Project enables students to hone their legal skills in underserved locations during the law school's winter and spring vacation weeks. ASB volunteers have traveled to New Orleans, Nashville, Atlanta, and other locations. Students have also volunteered at Legal Services of New Jersey in Edison.
Student volunteers with the Attorney General's Conviction Review Unit assist with reviewing claims of actual innocence by people convicted of felonies in New Jersey state courts to evaluate whether there is clear and convincing evidence of actual innocence.
The Honorable Judith H. Wizmur Bankruptcy Pro Bono Project pairs students with volunteer attorneys, many of whom are Rutgers alumni, to assist clients who are considering filing for Chapter 7 "no asset" bankrupty. This project is generously funded by the American College of Bankruptcy Foundation and the New Jersey Bankruptcy Lawyers Foundation.
Groups of trained judicial volunteers on the Child Placement Review Board, appointed by the Assignment Judge, assist the court in reviewing cases of children placed outside their homes by the Division of Child Protection and Permanency (DCP & P).
Christian Legal Clinics of Philadelphia trains students to assist attorney volunteers with intake and assessment at community-based clinics. CLCP is faith-based, but volunteers of all faiths or none are welcome to participate.
The Domestic Violence Project trains and places students in the Domestic Violence Unit of the Camden County Family Court, where they help survivors of domestic violence complete complaints and obtain temporary restraining orders. Students also provide community education and develop materials for survivors.
The Edna Mahan Correctional Facility for Women Pro Bono Project assists women who are currently or formerly incarcerated, who were subject to sexual harassment and abuse and are eligible for financial compensation through a class action settlement. Volunteers assist claimants with drafting certifications, and they prepare and represent claimants at hearings. Participation limited to students trained in September 2021.
The Honorable Judith H. Wizmur Bankruptcy Pro Bono Project pairs students with volunteer attorneys, many of whom are Rutgers alumni, to interview low-income clients and to prepare and file bankruptcy petitions. This project is generously funded by the American College of Bankruptcy Foundation.
The International Refugee Assistance Project (IRAP) organizes law students and lawyers to develop and enforce a set of legal and human rights for refugees and displaced persons. Mobilizing direct legal aid, litigation, and systemic advocacy, IRAP serves the world's most persecuted individuals and empowers the next generation of human rights leaders.
Learn, Empower and Advocate for People with Disabilities (“LEAD”) Pro Bono Project LEAD provides information and guidance to families in need of publicly funded resources for their children who have disabilities. Online materials will be posted on the law school’s website and distributed to libraries and to the helping community.
Volunteers at the Pennsylvania Innocence Project assist with case investigation and analysis for clients asserting actual innocence.
Bailwatch volunteers at Pennsylvanians for Modern Courts (PMC Watches) observe and report on Philsdelphia bail hearings to increase the transparency of and advocate for improvements to the justice system and increase public interest in the courts.
Through the Planning Estates (PEP) Project, students, under the supervision of faculty and alumni pro bono lawyers, prepare wills, powers of attorney, and living wills for elderly, low-income Camden-area residents.
Developed and administered with Professor Sarah Ricks, the Pro Bono Research Project offers free legal research services to public interest and government lawyers, and private attorneys handling pro bono cases. Students provide pro bono service while improving their own research and writing skills.
The Street Law Project trains and places law students in area high schools and youth programs to teach about legal issues pertinent to their lives.
The Volunteer Income Tax Assistance Project (“VITA”) partners with the Campaign for Workig Families, Inc. to provide e-filing for clients, which results in faster processing and faster refunds. Many clients of the VITA project are eligible for the Earned Income Tax Credit and the Child Care Tax Credit; annually, the Project successfully files for nearly $500,000 in returns for Camden residents.
The Voters' Rights Project enables law studnets to assist with election protection and voter registration efforts locally and nationally.
Archived Projects
- COVID-19 Projects include tenant and prisoner advocacy, and community education for small business owners.
- The Financial Literacy Project (FLiP) provides information on credit, credit scoring, building and maintaining credit, saving, budgeting and identity protection.
- Through the Hurricane Sandy Project students assisted Legal Services of New Jersey lawyers with Sandy-related legal issues. A three-way partnership among the Pro Bono Program, the Law School’s student public interest group, and LSNJ, the Sandy Legal Relief Project assisted low-income New Jersey residents with Hurricane Sandy-related problems, including landlord-tenant, consumer and insurance issues, among others.
- Through the Mediation Project, students complete a rigorous multi-day training course, observe and apprentice with experienced student mediators, and then serve as neutrals in the local Municipal and Superior Courts. Advanced students have co-mediated discriminatio claims at the Philadelphia Commission on Human Relations.
- The Youth Court Project, an outgrowth of Street Law, guides Camden school children in restorative justice practices
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For 25 years, Advocates for Children of New Jersey has been the voice for children, demanding action for children who have no power to wield, no vote to cast, no campaign contributions to make.ACNJ is the state’s foremost child advocacy agency, assertively advancing policies that help children and families. The association’s advocacy has grown since its inception. While protecting abused children is a priority, ACNJ, over the years, has played a role in improving nearly every aspect of children’s health, safety and education.
As the New Jersey affiliate of the national ACLU, the American Civil Liberties Union of New Jersey addresses wide-ranging civil rights and civil liberties issues. In addition to traditional civil liberties issues, we are focused on ending discriminatory criminal justice policies, challenging abusive police practices, and fighting for the rights of immigrants, students, and LGBT people. We also have prioritized protecting the right to privacy and advancing voting rights.
The American Friends Service Committee carries out service, development, social justice, and peace programs throughout the world. Founded by Quakers in 1917 to provide conscientious objectors with an opportunity to aid civilian war victims, AFSC’s work attracts the support and partnership of people of many races, religions, and cultures. American Friends Service Committee provides direct legal services for undocumented and documented immigrants. Services include: assistance with obtaining residency, political asylum representation, immigration, HIV and community education, and advocacy on immigration and immigrant rights issues.
The Center for Collaborative Change is a nonprofit, community-based consulting firm developed to Find, Import, Tailor & Support proven and promising practices of urban revitalization in Newark, New Jersey. By engaging community and civic leadership in policy and program development, the Center will accelerate Newark’s revitalization while ensuring that the process includes and responds to the priorities of its community members.
The Courtroom Advocates Project (CAP) trains law students to help survivors of domestic violence obtain orders of protection in Family Court. Once trained, students assist clients in drafting and filing petitions; accompany clients to court appearances; advocate for their clients before a judge; educate clients about their legal rights and remedies, and provide safety planning and referrals to community resources.
Covenant House New Jersey is a human service agency for homeless and runaway youth 21 and under. As a full-service residential care provider we are always recruiting dedicated professionals who are interested in working with our youth population. In both Newark and Atlantic City we have Crisis Centers and Independent Living Programs, and a Mother/Child program in Newark. At these facilities we have positions in direct care, administration, and support services.
The Edna Mahan Correctional Facility for Women Pro Bono Project assists women who are currently or formerly incarcerated, who were subject to sexual harassment and abuse and are eligible for financial compensation through a class action settlement. Volunteers assist claimants with drafting certifications, and they prepare and represent claimants at hearings. Participation limited to students trained in September 2021.
Founded in 1973, Education Law Center (ELC) has become one of the most effective advocates for equal educational opportunity and education justice in the United States. Widely recognized for groundbreaking court rulings on behalf of vulnerable students in the Abbott v. Burkelitigation in New Jersey, ELC also promotes equity through coalition building, policy development, communications, and action-focused research in states and at the federal level.
Eastern Environmental Law Center is a nonprofit public interest environmental law center that provides pro bono and reduced rate legal services to the environmental and conservation communities in New Jersey and throughout the region.
In the Immigrant Rights Collective, students assist Make the Road NJ with weekly citizenship clinics and other immigration legal work.
The Honorable Morris Stern Bankruptcy Assistance Project pairs students with volunteer attorneys, many of whom are Rutgers alumni, to assist clients who are considering filing for Chapter 7 "no asset" bankrupty. This project is generously funded by the American College of Bankruptcy Foundation and the New Jersey Bankruptcy Lawyers Foundation.
The International Justice Project (IJP) was established to advance the cause of international justice with a special focus on human rights and humanitarian law. Their activities center supported and assisted the representation of victims in the Darfur Situation before the International Criminal Court (ICC). The formal inclusion of victims in the trial proceedings at the ICC gave, for the first time, victims of war crimes, crimes against humanity, and genocide, the opportunity to actively participate in an international criminal trial
The International Refugee Assistance Project (IRAP) organizes law students and lawyers to develop and enforce a set of legal and human rights for refugees and displaced persons. Mobilizing direct legal aid, litigation, and systemic advocacy, IRAP serves the world's most persecuted individuals and empowers the next generation of human rights leaders.
LGBTQ Legal Education and Outreach Project: This project, a joint initiative of Rutgers Law School’s Pro Bono Program, the NYC Bar Association, and the North Jersey Community Research Initiative, provides student and attorney volunteers with the opportunity to participate in weekly clinics where they conduct intakes for members of the LGBTQ community on poverty law and discrimination matters.
Newark Housing Rights Pro Bono Project: Through this student-founded pro bono project, Rutgers law students are working with the McCarter English law firm, Volunteer Lawyers for Justice, and the Ironbound Corporation to provide law-related education to communities about their right to counsel. In addition, the group is currently engaged in statewide court observing and various law reform efforts.
Founded in 1982, New Jersey Citizen Action (NJCA) is a statewide citizen coalition working on social and economic justice issues in New Jersey. Their purpose is to increase citizen participation in the democratic process. Issues we have worked on include toxics, chemical right-to know, fair banking, affordable housing and health care, insurance reform, utility rate reduction campaign, fair tax campaign, jobs with justice, disability access, women\s rights at the work place, and issues affecting today’s working families, such as family leave.
Volunteer Lawyers for Justice (VLJ) partners with Rutgers Law students on a variety of pro se legal clinics, in downtown Newark, Elizabeth, and East Orange. This project provides the opportunity to practice client interviewing skills, work with experienced attorneys from NJ law firms and corporations, and complete work in areas including divorce, criminal record expungement, consumer debt defense, bankruptcy, and veterans’ issues.
Information for Pro Bono Involvement
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Eligible pro bono work must be:
- uncompensated (no pay, no academic credit); and
- supervised by an attorney legally responsible for the work; and
- substantive (primarily not clerical and not administrative)
Supervised by:
- Lawyers at organizations providing legal services to low-income clients; or
- Lawyers at government agencies; or
- Lawyers at non-profit organizations (excluding trade associations and political organizations); or
- Private lawyers performing pro bono work; or
- Faculty members performing pro bono work; or
- Judges or court staff for judicial internships (assistance to pro se litigants preferred but not required)
Pro bono hours may be accumulated during:
- the academic year
- spring break (30-hour maximum)
- the summer (50-hour maximum)
Approval: Every student is advised to meet with Pro Bono Program professionals or with a faculty mentor to discuss suitable pro bono placements. The Program retains discretion to limit or deny participation in any project or by any student.
N.B. In order to be recognized, pro bono work that is not part of an in-house Rutgers project must be approved in advance using the External Pro Bono Project Approval Form.
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Hours must be recorded on PHARS.
For Full-Time Students:
- Pro Bono Publico Award: recognizes 50 or more hours of pro bono service
- Dean's Pro Bono Publico Award for Exceptional Service: recognizes 100 or more hours of pro bono service
- Dean’s Pro Bono Publico Award for Exceptional Service with Distinction: recognizes 200 or more hours of pro bono service
For Part-Time Students:
- Pro Bono Publico Award: recognizes 35 or more hours of pro bono service
- Dean’s Pro Bono Publico Award for Exceptional Service: recognizes 70 or more hours of pro bono service
- Dean’s Pro Bono Publico Award for Exceptional Service with Distinction: recognizes 140 or more hours of pro bono service
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TIPS FOR COMMUNITY PARTNERS
Assignments, Training and Feedback: In order for community partners and students to benefit from the pro bono program, we have found that it is critical that supervisors provide adequate upfront training and supervision to students. The following describes the following key elements of effective partnerships: crafting effective assignments, providing meaningful supervision, and providing ongoing feedback.
Framing Assignments: The following are among the assignments that we have found are suitable for law student interns in the pro bono program:
- Client intake. Students gain client interaction skills and improve their ability to spot issues.
- Memo drafting. Provide students with a file and ask them to write a memo summarizing the case to date or particular documents (i.e., medical records). Have students draft opening or closing memos, which provides students with a great opportunity to summarize a client’s situation or the result of a particular case. Students fine-tune their writing skills and gain substantive knowledge.
- Client meetings and follow-up. Have students attend client meetings or court proceedings with you and ask that they take notes in order to send a follow-up letter to the client. Having a specific task makes it more meaningful for the student to ensure that clients fully understand and retain what happened and what will happen next in their case. Students gain understanding of the importance of recording client interactions and proceedings, as well as the nuances to client meetings and background work in the course of legal representation.
- Research projects. These projects can be case-specific or on background, or for the purpose of creating client self-help or informational materials. Students will improve their legal research and writing skills while becoming an “expert” in a specific issue area.
- Draft court documents, motions, or pleadings.
Effectively Supervising Interns: A key to a successful internship is the ability of a supervising attorney or clerk to give assignments to the intern effectively. When any project is assigned, it is important to know exactly what you expect from the student and communicate your expectation to him or her. Below is a checklist you may find helpful to limit confusion and enhance productivity for both you and your law student intern:
- Provide context. Explain the assignment in a manner that takes into account the student’s relative experience. A thoughtful explanation will also help to ensure that the end product is indeed what was requested.
- Discuss objectives. Explain to the student how this particular assignment fits into the overall case and what the assignment will help you or the judge accomplish or resolve.
- Articulate time commitment. Effective supervisors take the time to explain when drafts of the assignment are due, when the final product is due, and how much time you expect the student to spend on the assignment, including time for research and drafting. Keep in mind that students are often inexperienced and require extra time for thorough research.
- Describe desired final work product. formatting, style, rough v. polished draft, etc. If possible, provide an example of the desired format to assist the student in better understanding your expectation.
- Build in follow Up: explain how to follow up with you. If progress meetings are desired, be sure to explain how often and the means by which such meetings should occur. If possible, provide the student with an alternate contact in case you cannot be reached.
- Give a deadline. Even if you do not need a memo by a certain date, provide a due date to the student. This due date should take into account their remaining workload and how long you anticipate the assignment should take.
- Provide an opportunity for a high level of feedback. Develop projects that allow for feedback and arrange opportunities for such feedback to be provided to the students.
Above all else, follow up with your student. As students begin working on assignments they often need additional and periodic help, assignment clarification, reassurance, or relief. Redefinition of the task is common as the student gathers information and gains a more precise understanding of the assignment. Informal and brief check-ins are entirely appropriate, but it also is important to schedule more formal meetings regularly.
Providing Constructive Feedback: Most intern supervisors are very concerned with making the students’ internship pleasant and, as a result, may shy away from the sometimes uncomfortable task of critiquing the students' work. While this impulse is understandable, students need, deserve, and actually want honest feedback on their work. Students often assume that "no news is good news," and will continue to repeat the same errors unless they are given specific notice that improvement is necessary. All supervisors should provide feedback early on, so any problems can be addressed before the project proceeds too far. Most students are eager to become good lawyers and welcome specific advice on how they can sharpen their skills.
When giving feedback, it is always a good idea to start off on a positive note. For example, even if the student's writing needs improvement, you may be honestly able to commend the student's research abilities. And if the research was weak, perhaps the student's eagerness and curiosity warrant a compliment. While you should not be reluctant to criticize the work where necessary, students are apt to be less defensive if they hear some good news first. .
The most effective feedback is specific and direct. To the extent possible, try to show students directly how to revise their work for resubmission instead of merely stating that writing must be ‘tightened’ or ‘only rely on relevant facts.’ While this kind of feedback can be time-consuming, it is also the most helpful. Below are seven categories to consider when reviewing a student’s performance. You may not need or want to touch on each of these categories during every feedback session, but if you assess the student’s performance on a specific assignment with these categories in mind, it may help both you and the student to focus on the areas of concern.
Ethical Considerations in the Context of Pro Bono: Students are expected to work in an ethical and professional manner while completing their pro bono service. All members of the Rutgers University community are expected to behave in an ethical and moral fashion, respecting the human dignity of all members of the community and resisting behavior that may cause danger or harm to others through violence, theft, or bigotry. All members of the Rutgers University community are expected to adhere to the civil and criminal laws of the local community, state, and nation, and to regulations promulgated by the University. All members of the Rutgers University community are expected to observe established standards of scholarship and academic freedom by respecting the intellectual property of others and by honoring the right of all students to pursue their education in an environment free from harassment and intimidation. In addition, all members of the Rutgers Law School Community are expected to behave in accordance with the Rules of Professional Conduct governing lawyers, both to comply with the University Code of Student Conduct, paragraph 10(p), and not to jeopardize admission to the practice of law.
Law students, like other non-lawyer employees of partner sites, must abide by the New Jersey Rules of Professional Conduct. Thus, pro bono participants are subject to the same rules of ethics as the attorney who supervise them; supervising attorneys are responsible for the conduct of students working under their direction. If you experience difficulty with a pro bono participant or have any questions about the ethics of what they are doing, please do not ignore the problem. Address it with the student as quickly and as constructively as possible (see above section on Feedback). At the same time, please talk to the supervising Rutgers Law School dean.
Confidentiality: Students carrying out pro bono work should pay particular attention to issues concerning the preservation of client confidence and, must protect client information and maintain confidentiality. Pursuant to the Rules of Professional Conduct, Rule 1.6, a lawyer should not reveal the confidences or secrets of a client. The contents of client files and communications with clients are privileged material. Students should discuss cases only with their supervising attorney, not with other students, employers, co-workers, family, friends, or public service program staff. Breaches of confidentiality should be reported to the supervising dean.
Conflicts of Interest: The best way to avoid a conflict of interest problem is to have the student perform a conflict check each time they start a new assignment at your office. Make sure your student understands how your organization handles conflict checks.
Legal Advice vs. Legal Information: The line between legal information and legal advice can often be unclear. Even if your pro bono student is working under a practice order, they must be careful not to create the impression that they are dispensing legal advice. Only an attorney can give legal advice. Please discuss what kinds of information students may ethically provide to clients at the beginning of the student’s placement. Legal information is just that: general information about what the law says or how the court works. If the person seeking assistance is asking “how to” questions, they are seeking legal information. Students may answer these questions with information about how to fill out forms or general procedures. Legal advice consists of advising a client to take a particular course of action based on the facts of their case. If the person is asking about what will happen in their particular case or what they should do, they are seeking legal advice.
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The state of New York requires that all graduates applying for admission by examination certify that they have performed 50 hours of law-related pro bono service. See Rule (22 NYCRR § 520.16).
The Law School and the Pro Bono Program cannot officially confirm that any project qualifies for the New York Rule. To seek prior approval of a project, please email the Advocacy Committee on New York State Pro Bono Bar Admission Requirement at NY Bar Pro Bono Requirement. Like all components of the NYS Bar application, completion and certification of these pro bono hours is your responsibility. Students must provide proof of compliance by submitting the Form Affidavit of Compliance.
New York's 50 Hour Requirement
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All individuals who are admitted to the New York bar after January 1, 2015 must demonstrate that they have completed fifty hours of qualifying pro bono work. Since New York’s emerging guidelines are continually changing we urge you to utilize this information in conjunction with the resources by the State of New York.
See: 520.16 of the Rules of the Court of Appeals; www.nycourts.gov/ctapps.
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Every person who is seeking admission to the NYS bar on or after January 1, 2015 – except for applicants for admission without examination --will have to complete 50 hours of requisite pro bono service. This means that current students will have to meet this mandate requirement. Additionally, anyone who delays seeking admission, by delaying taking the bar exam, or by having to re-take the exam, will have to complete the mandate hours prior to being admitted if they would be admitted on or after January 1, 2015 as a result of the delay.
Please note that the pro bono mandate does not apply to attorneys who seek admission to the New York bar on motion pursuant to Rule 520.10 or those who are admitted pro hac vice pursuant to Rule 520.11.
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To qualify, you must complete your pro bono work before your complete your application for admission to the appropriate Appellate Division of the New York Supreme Court. In the First Department, your application may be filed after you have received your bar examination results and your certification of bar passage has been issued. In the Second, Third and Fourth Departments, your application may be filed after you have taken the bar examination, regardless whether your examination results have been announced.
Be advised that the application and any further materials required by the Appellate Division and its Committee on Character and Fitness must be filed within three years from the date that you are notified by the New York State Board of Law Examiners that you have passed the bar examination (see 22 NYCRR 520.12). The three-year period will not be extended if an applicant has delayed satisfying the Pro Bono Requirement. After three years your bar examination score will be deemed stale, and you must retake the bar examination.
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In general, qualifying pro bono work should be performed in the service of low-income or disadvantaged individuals who cannot afford counsel and whose unmet legal needs prevent their access to justice; involves the use of legal skills for an organization that qualifies as tax-exempt under Internal Revenue Code §501(c) (3); or involves the use of legal skills for the court system or federal, state or local government agencies or legislative bodies.
Please note that receiving a stipend or academic credit in connection with a law school sponsored internship or externship does not disqualify the work. Therefore, law school sponsored clinics that provide legal assistance to those who cannot afford representation count. In addition, internships and externships count if they meet the following conditions: they are with a not-for-profit provider of legal services for the poor and low-income individuals; law firm, only if the work is performed for a pro bono matter being handled by that firm and the pro bono client is not paying a fee; not-for-profit organization, only if the work is related to a legal matter for which no fee is being paid; judge or a court system; Legal Aid, a civil or criminal legal services organization that serves low-income clients, a Public Defender, a Conflict Defender, a U.S. Attorney, a District Attorney or a State Attorney General; or federal, state or local government agency or a legislative body.
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All pre-admission pro bono work must be performed under the supervision of a law school faculty, adjunct faculty, or instructor employed by the law school; an attorney admitted to practice, and in good standing in the jurisdiction where the work is performed; or, in the case of clerkships or externships in a court system, by a judge or attorney employed by the court system.
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You will have to submit a record of the dates, number of hours, and the nature of your service for each block of time to the Appellate Division department when you file for admission to the N.Y.S. bar. Therefore, you should keep track of your hours using this same formula.
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Briefly describe the nature of your service when you submit your hours, and should keep your records current throughout our legal studies career to save you a lot of headaches when you are filing for admission to the NYS bar.
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The attorney, judge, or faculty member who supervised your work must certify your service as part of your Affidavit of Compliance. Each separate position you completed pro bono service hours for will need its own Affidavit, and its own attorney certification. In other words, the attorney who certifies your field placement can only also certify your internship service if they were your supervisor for both, but you will still need a separate Affidavit for each position and attorney certification.
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You will have to submit a record of your service, an attorney certification of your service, and an Affidavit of Compliance for each of the position you served in to complete your hours.
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You will have to submit a record of your service, an attorney certification of your service, and an Affidavit of Compliance, with your admission packet to the appropriate Appellate Division department.
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The Affidavit of Compliance is available at www.nycourts.gov/attorneys/probono/baradmissionreqs
The websites of the four Appellate Divisions: www.nycourts.gov/courts/appellatedivisions
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If you have additional questions, the best way to communicate them is by email to ProBonoRule@nycourts.gov. Include your telephone contact information in the event that a personal conversation is necessary.
FAQs
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Law students are often unclear about the precise definition of pro bono and what it encompasses. The term comes from the Latin ―Pro Bono Publico, which means ―for the public good. The American Bar Association has described the parameters of pro bono for practicing lawyers in the Model Rules of Professional Conduct. Model Rule 6.1 states that lawyers should aspire to render – without fee—at least 50 hours per year of pro bono legal services, with an emphasis that these services be provided to people of limited means or nonprofit organizations that serve the poor. Model Rule 6.1 also allows for free or substantially reduced service on behalf of a variety of professional, governmental, educational, and civic organizations.
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Under American Bar Association Standard 302 (b) (2) law students must offer substantial opportunities for students participating in pro bono activities. Under the rule, law schools are not precluded from including credit-granting activities, but law school are requires to have law-related non-credit bearing initiatives as part of their program. In addition, the Preamble to the Standards mandates that law schools "must provide an educational program that ensures that its graduates…understand the law as a public profession calling for the performance of pro bono legal services."
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The Rutgers pro bono program provides unique opportunities for students to engage in law-related service under the supervision of a lawyer. Those students who perform 50 or more hours of service are recognized at graduation. The program works with select organizations and partners in developing structured service-learning opportunities.
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Attorneys, faculty members, and others seeks students through the pro bono program, must complete an on-line application. In addition, all community partners must adhere to the guidelines set forth in the Pro Bono Community Partner Manual.
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The Rutgers pro bono program has cultivated and sustained relationships with hundreds of public interest organizations and worked in collaboration with law school faculty, alumni, and the broader community in creating meaningful opportunities for our students. These innovative, collaborative projects enable Rutgers students to gain meaningful service-learning experience, while also providing invaluable support to the community.
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Yes. The program works with faculty, centers, and in-house clinics, in developing a variety of service-learning projects. Our current University partners include the Center for Gender Sexuality, and Law and Policy; Rutgers Associates; Constitutional Rights and International Human Rights Clinics.
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The Rutgers pro bono program is aligned with the university’s goals of promoting service-learning; integrating existing resources to create innovative collaborative programs; and to promote publicly engaged scholarship.
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Pro bono work during law school assists law students in develops professionalism and an understanding of a lawyer's responsibility to the community. In general, our pro bono projects offer all participants an opportunity to service the community and increase the availability of legal services to needy populations. Both students and attorneys enhance their knowledge and marketability, gaining practical experience, developing skills, enhancing their reputations and exploring alternative career opportunities.
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Our pro bono program provides students with limited scope opportunities to gain hands on legal experience. The focus of our pro bono program is on ensuring that students are sensitized to the needs of the poor and can gain meaningful experience. While we encourage students to gain service-learning experience, this experience is *not* a substitute for the rigorous and academic training students receive through our in-house clinical programs.
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The Rutgers Law School Pro Bono Program is a diverse and expanding program designed to help provide legal services to traditionally underserved populations locally and globally. In an era of decreasing resources and increasing community needs, the Program is playing a crucial role in creating innovative pro bono partnerships and in bridging the gap between legal needs and resources. Rutgers’ program will help you gain practical legal experience and use your skills and knowledge outside the classroom to serve real legal needs. This guide will familiarize you with the Pro Bono Program, including the eligibility requirements and sign-up procedures. It is important for you to understand the intricacies of and responsibilities related to providing pro bono legal service as a student; it is our hope that this guide will provide the basis of that understanding.
1. Time Requirement: Rutgers Law School does not require pro bono legal service to graduate; however, we encourage each student to participate in 50 hours of pro bono service in the community during his or her three years at the law school. Students who perform 50 or more hours are recognized at Commencement and receive a notation on their transcript. Additionally, students who complete 75 hours or more will receive a special distinction at the pro bono ceremony and at the graduation ceremony at the end of their third year. Additional hours are encouraged and can be completed in one or more programs as well as over breaks during the academic year. We ask each student to sign a Pro Bono Placement Preference & Commitment Form, indicating that s/he will commit to his/her placement(s), barring extraordinary and unforeseen circumstances, for the academic year.
2. Program Requirement and Eligibility: Satisfactory performance of law-related pro bono work means that:
- The work is uncompensated;
- The work is provided through an eligible assignment;
- The work is performed under the supervision of an attorney, faculty member, or other approved supervisor.
The program coordinates a variety of structured pro bono placements through which students can fulfill their requirements. Our structured placements are strategic partnerships with organizations that are committed to the Rutgers pro bono program and offer strong training, ongoing supervision, and feedback to the program.
3. Placement: Students must follow the Placement Procedure as outlined below to ensure placement in the project that most fits their needs and interests. All students new to the Pro Bono Program shall complete the following steps.
- Complete a Pro Bono Placement Preference & Commitment Form for each program into which the student wishes to participate.
- Attend all mandatory trainings as described for the project or projects into which a student is placed. Training requirements are described in the Pro Bono Program Summary included in your Pro Bono Program Information Folder.
- To receive recognition, student must submit log and survey.
4. Professionalism and Ethics: Rutgers Law is committed to providing quality pro bono service to the community. As such, the Pro Bono Program expects students to perform all assignments in a professionally responsible manner and in accordance with the relevant rules of professional conduct. These rules require competence, diligence and promptness, and confidentiality. With respect, specifically, to the rules on competence and diligence, the Program asks students to pay particular attention to thoroughness, preparation, and the avoidance of procrastination, undue delay, over-emphasis on personal convenience, and prejudicial failure to carry a matter through to conclusion. Students should also bear in mind that the rule on confidentiality applies to the disclosure of information to anyone, even law school colleagues outside the purview of the specific project, faculty, or staff. Students will be provided greater instruction on ethics and professional responsibility during training in the fall semester.
We strongly encourage you to take a look at the entire Rules of Professional Conduct before you begin your placement. The following elaborates on certain aspects of professionalism and ethics that students should particularly take note of and adhere to in their Pro Bono placements.1
5. Professionalism: Professionalism involves the way you behave and conduct yourself with others in the profession. This includes other lawyers, office staff, court staff, judges, and clients.
Your placement is like an extended interview. While you may not be offered a position, you may continue to network with the people with whom you volunteered. They may be a great resource for job leads in the future. In addition, if you apply for admission to the New York State Bar, the Board of Law Examiners will contact your supervisor. This is true of many other state bars as well. Moreover, you may need a letter of recommendation from your supervisor or use him or her as a reference. You may even need them for a security clearance examination before you can begin particular government positions.
6. Confidentiality: During your participation with the Pro Bono Program, please pay particular attention to issues concerning the preservation of client confidences. Pro Bono participants must protect client information and maintain confidentiality. The contents of client files and communications with clients are privileged material. You should discuss cases only with your supervising attorney and other appropriate staff in your organization. You should not discuss cases with other students, employers, family, or friends.
Everyone likes to tell work stories, but for lawyers and law students alike, this can be a serious matter when you divulge personal information about a client’s case. The Pro Bono Program considers student violations of confidentiality rules to be as serious as attorney violations. The Program reserves the right to report such violations to your school and to the appropriate Board of Law Examiners.
Sometimes, it is not clear what kind of circumstance might reveal a confidence. For example, if you are in a case acceptance meeting in your office, there may be a loose exchange of client information. This can facilitate discussion of how to proceed with a case. If you have concerns about confidentiality in these circumstances, discuss them with your supervisor. You may not contact other agencies or offices without the express permission of the client. While the client may have signed an Authorization Form for a particular office, you still may not contact a third party without their consent (i.e. attempts to arrange counseling or other assistance).
7. Conflict Checks: Just as practicing lawyers can face conflict of interest, so can law student interns. Below is a true story illustrating a law student who faced a conflict of interest through her two separate internships.
Before you start a pro bono position, enroll in a law school clinic, or begin a paid position, you should complete a conflict check. Pay attention to the client base of the organization you’ll be working for, make a list of the organizations you have worked for in the past, regardless of whether or not they were paid positions, and describe the kinds of clients you worked with (were they petitioners in family court, criminal defendants, tenants in housing court, etc). Then ask your supervisor before you begin working whether any of your contact with past clients would constitute a conflict of interest.
8. Law Student Liability: The Rules of Professional Conduct prohibits the unauthorized practice of law; as summer associates, this section of the Rules will govern your work activities. Always be aware of how clients may perceive you. Are you doing something that may lead them to believe you are their “attorney”? If so, step back and make clear to the client that you are a student, not an attorney. This may become your mantra this summer, but it is extremely important. Then seek the assistance of your supervisor.
9. How to distinguish between Legal Information and Legal Advice: The line between legal information and legal advice can sometimes be blurry. Even if you are working under a practice order, you must be careful not to create the impression that you are dispensing legal advice – only your supervisor can do that. When in doubt, always check with your supervisor. In fact, this should be an area of discussion when you first begin your internship. In general, however, the following applies:
10. Legal information is just that: general information about what the law says or how the court works. If the person seeking assistance from you is asking “how to” questions, they are seeking legal information. You can answer these questions with information about how to fill out forms, general procedures, etc. Be careful when answering questions about forms, however. Make sure that you are not advising the client as to what words to write down, how they should answer the question based on their facts, or whether a particular answer would be more appropriate in a different section of the form. Those answers amount to legal advice.
11. Legal advice consists of advising a client to take a particular course of action based on the facts of his or her case. If the person is asking about what will happen in his or her particular case or what he or she should do, the client is seeking legal advice, and you cannot answer those questions. Make sure to reiterate that you are not a lawyer and therefore cannot provide legal advice. You can tell them generally what the law is, but not how it will play out in their case. You should also not be advising them on what they should do. Even if you have a practice order, do not tell any client whether or not they should accept a particular offer, plea deal, etc. Providing such advice puts you in an attorney-client relationship.
The professionalism and ethical considerations apply when working with any client. However, students should be aware of different standards and considerations when working with clients with particular needs. Such clients include clients with disabilities, clients who are victims of domestic violence, and clients for whom English is a second language.
12. Conclusion: Rutgers Pro Bono Program gives students a unique opportunity to gain invaluable legal experience, enhance their marketability, and fulfill their professional obligation to do service. Newark provides fertile ground for our new program to foster in ways that are mutually beneficial for our students and the legal community. Engaging in pro bono services will not only compliment your legal education, it will also allow you to give back to those most in need locally and globally.
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