Pro Bono Reporting Requirements - Attorney Registration

Effective May 1, 2015
Anonymous Report of Voluntary Pro Bono Services and Contributions

Part 118 of the Rules of the Chief Administrator (22 NYCRR Part 118) requires all New York attorneys to report law-related pro bono services and charitable contributions on their biennial registrations.

Effective May 1, 2015, the rule has been amended to make this mandatory reporting anonymous and to broaden the categories of pro bono services and financial contributions that may be reported. 

Pursuant to this amendment (22 NYCRR §118.1[e][14]), attorneys shall provide in a separate statement, filed anonymously in a manner directed by the Chief Administrator, (a) a mandatory report of pro bono services and contributions, as defined in Rule 6.1 of the attorney Rules of Professional Conduct, performed or contributed by the attorney in the previous two calendar years, and (b) a report of such other pro bono service and contributions over the same period as the attorney may choose to describe.

Please familiarize yourself with these changes so that you can comply with the new reporting obligations.

IMPORTANT: While pro bono service by attorneys is not mandatory in New York State, New York’s attorneys have a long tradition of public and charitable service and contribution – of both a legal and non-legal nature – to their communities. In addition, Rule 6.1 of the Rules of Professional Conduct (22 NYCRR Part 1200, Rule 6.1)  strongly encourages attorneys to perform pro bono legal services to benefit poor persons, and to contribute financially to organizations that provide legal services to poor persons. The reporting requirement set forth below is intended to recognize these broad accomplishments, as well as to provide empirical data by which the Administrative Board of the Courts may assess the full extent of the legal services and contributions to legal assistance to the poor made by the New York bar. 

IMPORTANT: While all attorneys admitted to practice law in New York must report their voluntary pro bono services or financial contributions, there is no mandatory requirement to perform pro bono or make financial contributions. The goals as outlined in Rule 6.1 are aspirational. 

NOTE: Pro Bono opportunities for NY attorneys can be found here while additional mandatory reporting questions are answered in the FAQs

 

Anonymous Report Of Voluntary Pro Bono Services and Contributions

  • General Instructions: 

    • Mandatory Filing – Anonymous Format: The filing of this pro bono information is required of all attorneys, whether resident or non-resident, active or retired, in order to complete the online biennial registration for the New York bar. However, the filing is anonymous: the information does not identify the filer, is maintained separately from data reported in the principal attorney registration form, and is used for purposes of aggregate descriptive statistical analysis.
    • Estimates and Record keeping: If at any time you are uncertain of the exact figure to report, use your best estimate (if none, enter 0). Court rules do not require attorneys to keep contemporaneous records of pro bono service or contributions, and attorneys will not be required to provide proof of such information.
    • Maintaining Copies of this Report: Although the pro bono service report is filed anonymously, its filing is mandatory. Consequently, it is highly recommended that attorneys maintain a copy of the receipt of their filing in their files, in the event that the issue of filing is ever called into question.
  • Anonymous Reporting:
    • An electronic Anonymous Report of Voluntary Pro Bono Services and Contributions form (“Anonymous Report”) must be submitted online separately at the time each biennial registration is filed.
      • When filing the online registration, attorneys are linked to an electronic version of the Anonymous Report to complete as part of the online registration process, which is then submitted online and stored anonymously. Because of the anonymous nature of the filing, once submitted, all pro bono reporting filings cannot be retrieved by OCA and are not made part of any registration records.
    • The information in the Anonymous Report does not identify the filer, is maintained separately from data reported in the principal attorney registration filing, and is used solely for purposes of aggregate descriptive statistical analysis.

Information Collected:

  • Reporting Period – Preceding Two Calendar Years (Section I):

    • All questions concerning pro bono services or charitable contributions should be answered for the two-year period ending on December 31 of the year preceding the filing of the registration statement. For example, if the registration statement is filed at any time during 2015, filers should report information for the period January 2013 through December 2014.
  • Reporting Requirement (Section II):

    • Required to Report - ALL attorneys admitted to practice law in New York, whether resident or non-resident, or active or retired, (including exempt filers described below), MUST file the Anonymous Report to complete their registration. 
    • EXEMPT FILERS (i.e., attorneys who are retired from the practice of law under §118.1(g)), must submit an Anonymous Report affirming their exempt status.  Exempt filers are not required to complete any other questions on the Anonymous Report.  However, at their option, they may voluntarily complete some or all of the remainder of the Report.  
    • FILERS NOT EXEMPT from detailed reporting must complete several questions on the Anonymous Report about their provision of pro bono legal services and contributions to the poor and undeserved.  At their option, they may also provide information about other legal and non-legal pro bono services and contributions.
    • NOTE: As of 2018, The Administrative Board of the Courts has determined that attorneys employed by an organization primarily engaged in the provision of pro bono legal services (for example, a legal services agency, legal aid society, defenders organization, or similar group), are no longer exempt from this mandatory reporting requirement.
       
  • Background Questions (Section III) (REQUIRED UNLESS EXEMPT)

    • This section requires the anonymous reporting of background information - such as age range, employment category and geographic location (see NYS Judicial Districts) - for use in aggregate data analysis.
  • Rule 6.1 Pro Bono Legal Services and Charitable Contributions (Section IV) (REQUIRED UNLESS EXEMPT)

    • This section requires the reporting of voluntary pro bono services or contributions described in Rule 6.1 of the Rules of Professional Conduct, that is, legal services provided to the poor and contributions to legal service organizations serving the poor.
    • Unless “exempt”, filers MUST complete this section.  (If there are no hours or contributions to report, simply enter 0.)
    • Legal Services: You should report hours of pro bono services if they were performed without charge and were:
      • legal services, in civil matters, and in those criminal matters for which the government is not obliged to provide funds for legal representation, provided directly to persons who were financially unable to compensate counsel; or
      • legal services related to improving the administration of justice by simplifying the legal process for, or increasing the availability and quality of legal services to, poor persons; or
      • legal services provided to charitable, religious, civic, and educational organizations in matters designed primarily to address the needs of poor persons.
    • Financial Contributions: You should report financial contributions if they were made to organizations
      • primarily engaged in legal services to the poor; or
      • substantially engaged in the provision of legal services to the poor, provided that the donated funds were to be used for the provision of such legal services.
  • Other Pro Bono Services and Charitable Contributions – Legal and Non-Legal (Section V)  (Not Required) 
    • Filers may report any pro bono legal or non-legal services and charitable contributions not reported in response to Section IV of the form, without categorical limitation.
    • Such service might include, without limitation, hours of voluntary or unpaid public, community or charitable services such as not-for-profit boards, bar associations or soup kitchens, religious organizations, or arts groups, as well as financial contributions to any charitable cause or enterprise.
    • Filers may also report hours of legal services provided at a rate substantially below normal billing rates.
    • This section is not mandatory.  Filers may, at their option, decline to report some or all of the information requested.
    • The section has three parts.
      1. Voluntary Services: You may report the total number of hours of voluntary and unpaid public, community, or charitable service provided to any person, institution, or cause (excluding service already reported in Section IV). Such service may be legal or non-legal in nature. Voluntary legal services include, but are not limited to, unpaid volunteer work of a legal nature on not-for-profit boards and for bar associations, and voluntary mediation or arbitration. Voluntary non-legal services include, but are not limited to, service on not-for-profit boards and for bar associations, voluntary work for charitable organizations such as soup kitchens, and similar activities.
      2. Legal Services at a reduced rate: You may report the total number of hours of legal services that you provided at a rate substantially below your normal billing rate, pro bono publico. For these purposes, “substantially below” means a rate at least 40% below a usual billing rate: but individual filers may apply a more or less restrictive definition. Fees that were intended to be billed and collected, but were written off as uncollectible, should not be included.
      3. Financial Contributions: You may report the total of all charitable contributions made to any institution, person or cause (excluding those reported in Section IV)
  • Comments and Further Details (Section VI) (Not Required) 
    • Filers may provide additional details relating to the service or contributions reported in
      Sections IV and V.
    • This section is not mandatory. 

 

 

Additional information on the anonymous pro bono reporting requirement & the May 2015 revisions can be found in the FAQs.

NOTE: Pro Bono Requirements for Newly Admitted Attorneys: Prior to admission, an applicant’s report of compliance with the 50-hour pro bono service requirement must be made to the appropriate Appellate Division for review with the application for admission. These hours are not required to be reported on the initial attorney registration form filed prior to taking the oath of office.  For more information on these requirements and form affidavits, see: Pro Bono Requirements for Bar Admission.

 

Further Inquiries:
If you have questions, please submit them by email to: [email protected]