Alaska Pro Bono

Rule 43.2 of the Alaska Bar Rules allows retired Alaska attorneys not otherwise engaged in the active practice of law to provide pro bono/emeritus services to persons who cannot afford private legal services.

Eligibility

An “emeritus attorney” is an inactive or retired member of the Alaska Bar Association who is not otherwise engaged in the practice of law in Alaska.   The attorney must:

  • Provide free legal services in Alaska under the supervision of a qualified legal services provider.
  • Be a member in good standing of the Alaska Bar Association with no record of public discipline for professional misconduct imposed at any time within the past 15 years in any jurisdiction.
  • Neither asks for nor receives personal compensation of any kind for the provided legal services.

Qualified Legal Services Provider

A “qualified legal services provider” is a non-profit legal assistance organization that is approved by the Board of Governors. Legal assistance organizations seeking approval from the Board to use an emeritus attorney must file a petition certifying that it is a not-for-profit organization. The petition must explain with specificity:

  • The structure of the organization and whether it accepts funds from its clients.
  • The major sources of funds used by the organization.
  • The criteria used to determine eligibility for legal services performed by the organization.
  • The types of legal and non-legal services provided by the organization.
  • The names of all Alaska Bar Association members who are employed by the organization and who regularly perform legal work for the organization.
  • The extent of malpractice insurance that will cover the emeritus attorney.

Practice and Restrictions

Approved attorneys may practice as if they are members of the Alaska Bar Association.   The qualified legal services provider cannot pay emeritus attorneys. The qualified legal services provider may reimburse the emeritus attorney for actual expenses incurred while rendering services. Emeritus attorneys may seek attorney’s fees allowed by law but may not personally retain those fees. Emeritus attorneys and their clients must enter into written fee agreements for the disposition of such fees. Collection of any money from the client, including but not limited to reimbursement for expenses incurred, must be handled exclusively by the qualified legal services provider.

Attorneys serving as an emeritus attorney at any time during the year will have the bar dues for the following year waived.

Application and Certification

Attorneys seeking to perform pro bono work as an emeritus attorney are required to file a sworn statement with the Alaska Bar Association. The sworn statement includes:

  • The name of the emeritus attorney and the name of the qualified legal services provider for whom the emeritus attorney will provide pro bono services.
  • That the emeritus attorney will no be paid compensation.
  • That the emeritus attorney will be covered by the legal services provider’s malpractice insurance.
  • That the emeritus attorney has read and is familiar with the Alaska Rules of Professional Conduct.
  • That the emeritus attorney has not been publicly disciplined within the past 15 years in any jurisdiction.