Use the ABA Model Rules as a Guide
The American Bar Association (ABA) Model Rules for Professional Conduct emphasize the importance of pro bono service and encourage legal professionals to dedicate time to those in need. If you are a government lawyer, consider your jurisdiction’s adoption of the Model Rules, paying particular attention to those rules regarding pro bono services.
Rule 6.1 of the Model Rules for Professional Conduct prescribes that every lawyer has a professional responsibility to provide legal services to those unable to pay. It states that a lawyer should aspire to render at least 50 hours of pro bono legal services per year, and meeting that aspirational goal is not a requirement in every jurisdiction.
For example, New York requires 50 hours of pro bono service before receiving a law license. Other jurisdictions, such as Hawaii, Illinois, Indiana, Mississippi, Nevada, and New Mexico, require attorneys to report pro bono hours with their annual bar dues.
Other jurisdictions, such as Tennessee, Utah, West Virginia, Wisconsin, and Wyoming, offer CLE credits for pro bono work. Maryland and the District of Columbia merely encourage providing 50 hours of pro bono services.
Even though you practice at the federal level as a government attorney, you’re still subject to the specific requirements of the jurisdiction you’re licensed in. Make sure you stay up to date on license requirements and are cognizant of how pro bono services impact those requirements.
Obligations of Federal Lawyers
If you are a government lawyer in the federal civil service, the opportunity to engage in pro bono work and external activities such as publishing or public speaking can be a rewarding way to give back to your community and share your expertise. However, these activities must align with the standards of conduct set by federal regulations to avoid potential conflicts of interest and maintain public trust. Understanding these rules is crucial for those looking to make an impact beyond government roles while staying within the bounds of ethical compliance.
As a general rule, if you’re a federal government lawyer, you’re required to conduct yourself in a manner that does not conflict with your official duties, on and off the clock—including pro bono work. For example, Internal Revenue Service attorneys are prohibited from representing clients before the Internal Revenue Service. They may even be prohibited from representing clients in tax matters that are not before the Internal Revenue Service.
Under 5 C.F.R. §2635.802, if you’re a federal employee, you’re prohibited from engaging in outside activities that would conflict with your official duties. An activity conflicts with an employee’s official duties when it is prohibited by statute or an agency’s supplemental regulations or would require you as the employee to recuse yourself because of how central or critical your role is in implementing the government’s position.
Similarly, Rule 1.7, Conflicts of Interest, specifies that a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.
Know the Limits of Allowed Partisan Activity
Government attorneys must also be mindful of restrictions against partisan activity under the Hatch Act when engaging in external activities. The Hatch Act prohibits government employees from participating in activities directed toward the success or failure of a partisan candidate or political party. The Hatch Act does not apply to issue-based advocacy, even if those issues are commonly associated with certain partisan candidates or parties. The law distinguishes its restrictions for partisan activity based on whether an employee’s categorization is “less restricted” or “further restricted.”
Most federal employees are less restricted. Government attorneys under less restricted status may provide pro bono legal services to political organizations so long as it does not violate Hatch Act prohibitions.
However, a select group of federal employees fall under the further restricted designation. If you fall under this category, additional prohibitions exist against providing pro bono legal services to political organizations. Employees under the more constrained designation include employees at the Federal Election Commission, Election Assistance Commission, Federal Bureau of Investigation, and other offices, as well as persons employed in Senior Executive Service, Administrative Law Judge, Contract Appeals Board, and Administrative Appeals Judge positions.
For example, a less restricted government attorney could volunteer for a partisan campaign and provide pro bono legal services. A further restricted government attorney would neither be able to volunteer for the campaign nor provide pro bono legal services for that campaign. Both attorneys in this example could attend partisan fundraising events, but the further restricted attorney is prevented from actively soliciting contributions from others.
Make Use of the Federal Pro Bono Program
If you’re a government attorney looking to participate in pro bono activities, consult the Department of Justice’s Federal Pro Bono Program. The Federal Pro Bono program encourages pro bono participation by government employees and helps agencies establish policies and guidelines for such participation. The Federal Pro Bono program also provides a list of opportunities and suggestions for how federal attorneys can get involved.
Educate and Advocate: Publishing Articles and Speaking Engagements
Pro bono work is not the only avenue for growth and participation in the larger professional world. Other outside activities, such as publishing articles and participating in speaking engagements, are permissible within parameters set by an employer agency and statute. However, some common guidelines generally apply.
These general guidelines apply when government attorneys want to publish or speak on an area that “relates to” your official duties. This can include whether the employing agency would regulate the subject matter or would be an interested party in the matter in which you, as the attorney-employee, are speaking or writing.
For articles, pre-publication requirements may include reviews by a public affairs office or an attorney-employee’s supervisor. Speaking engagements may include requirements to share a disclaimer with the audience about the representation of views and whether you, as the attorney-employee, are speaking in your official or personal capacity.
You should not be deterred by the process of participating in pro bono and other extensions of your professional work outside of federal employment. These activities are worth doing to give back to local communities.
Use Pro Bono Work to Become a Better Lawyer
Pro bono work was a powerful tool in expanding the reach of my legal skills and supplementing my legal education. My involvement impacted every aspect of my legal career, expanding my network, deepening my skills, and exposing me to different areas of the law.
While in law school and before being a government attorney, I maintained an active pro bono practice and student practice license through the Volunteer Lawyers Project of Onondaga County’s Landlord-Tenant Program. Through the program, I defended local Syracuse residents from eviction and negotiated agreements allowing them to get back on their feet and maintain their residences. And in some situations, I was able to help tenants move on from substandard living situations.
With each case, my confidence and core legal skills grew, and I became more familiar with other attorneys in the area as they joined the program or acted as opposing counsel. Those experiences propelled me through other internships and gave me the confidence to dive head-first into new areas of the law. I look forward to opportunities to engage in pro bono and hope other government attorneys do the same!
