RPC RULE 6.1
                        PRO BONO PUBLICO SERVICE


  Every lawyer has a professional responsibility to assist in the provision
of legal services to those unable to pay.  A lawyer should aspire to render
at least thirty (30) hours of pro bono publico service per year.  In
fulfilling this responsibility, the lawyers should:

  (a) provide legal services without fee or expectation of fee 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; and

  (b) provide pro bono publico service through:

     (1) delivery of legal services at no fee or substantially reduced fee
to individuals, groups or organizations seeking to secure or protect civil
rights, civil liberties or public rights, or charitable, religious, civil,
community, governmental and educational organizations in matters in
furtherance of their organizational purposes, where the payment of standard
legal fees would significantly deplete the organization's economic
resources or would be otherwise inappropriate:

     (2) delivery of legal services at a substantially reduced fee to
persons of limited means; or

     (3) participation in activities for improving the law, the legal
system or the legal profession.

Pro bono publico service may be reported annually on a form provided by the
WSBA.  A lawyer rendering a minimum of fifty (50) hours of pro bono publico
service shall receive commendation for such service from the WSBA.

Comment

  [1] [Washington revision] Every lawyer, regardless of professional
prominence or professional work load, has a responsibility to provide legal
services to those unable to pay, and personal involvement in the problems
of the disadvantaged can be one of the most rewarding experiences in the
life of a lawyer. It is recognized that in some years a lawyer may render
greater or fewer hours than the annual standard specified, but during the
course of his or her legal career, each lawyer should render on average per
year, at a minimum, the number of hours set forth in this Rule. Services
can be performed in civil matters or in criminal or quasi-criminal matters
for which there is no government obligation to provide funds for legal
representation, such as post-conviction death penalty appeal cases.

  [2] [Washington revision] Paragraphs (a)(1) and (2) recognize the
critical need for legal services that exists among persons of limited
means. Legal services under these paragraphs consist of a full range of
activities, including individual and class representation, the provision of
legal advice, legislative lobbying, administrative rule making and the
provision of free training or mentoring to those who represent persons of
limited means or organizations primarily representing such persons. The
variety of these activities should facilitate participation by government
lawyers, even when restrictions may exist on their engaging in the outside
practice of law.

  [3] [Washington revision] Persons eligible for legal services under
paragraphs (a)(1) are those who qualify for services provided by a
qualified legal services provider (see Washington Comment [14]) and those
whose incomes and financial resources are slightly above the guidelines
utilized by such programs but nevertheless, cannot afford counsel. Legal
services under paragraphs (a)(1) and (2) include those rendered to
individuals or to organizations such as homeless shelters, battered women's
centers and food pantries that serve those of limited means. The term
"governmental organizations" includes, but is not limited to, public
protection programs and sections of governmental or public sector agencies.

  [4] Because service must be provided without fee or expectation of fee,
the intent of the lawyer to render free legal services is essential for the
work performed to fall within the meaning of paragraphs (a)(1) and (2).
Accordingly, services rendered cannot be considered pro bono if an
anticipated fee is uncollected, but the award of statutory attorneys' fees
in a case originally accepted as pro bono would not disqualify such
services from inclusion under this section. Lawyers who do receive fees in
such cases are encouraged to contribute an appropriate portion of such fees
to organizations or projects that benefit persons of limited means.

  [5] [Washington revision] A lawyer's responsibility under this Rule can
be fulfilled either through the activities described in paragraph (a)(1)
and (2) or in a variety of ways as set forth in paragraph (b).

  [6] Paragraph (b)(1) includes the provision of certain types of legal
services to those whose incomes and financial resources place them above
limited means. It also permits the pro bono lawyer to accept a
substantially reduced fee for services. Examples of the types of issues
that may be addressed under this paragraph include First Amendment claims,
Title VII claims and environmental protection claims. Additionally, a wide
range of organizations may be represented, including social service,
medical research, cultural and religious groups.

  [7] Paragraph (b)(2) covers instances in which lawyers agree to and
receive a modest fee for furnishing legal services to persons of limited
means. Participation in judicare programs and acceptance of court
appointments in which the fee is substantially below a lawyer's usual rate
are encouraged under this section.

  [8] [Washington revision] Paragraph (b)(3) recognizes the value of
lawyers engaging in activities that improve the law, the legal system or
the legal profession. Serving in a volunteer capacity on bar association
committees or on boards of pro bono or legal services programs, taking part
in Law Week activities, acting as an uncompensated continuing legal
education instructor, an uncompensated mediator or arbitrator and engaging
in uncompensated legislative lobbying to improve the law, the legal system
or the profession are a few examples of the many activities that fall
within this paragraph.

  [9] Because the provision of pro bono services is a professional
responsibility, it is the individual ethical commitment of each lawyer.
Nevertheless, there may be times when it is not feasible for a lawyer to
engage in pro bono services. At such times a lawyer may discharge the pro
bono responsibility by providing financial support to organizations
providing free legal services to persons of limited means. Such financial
support should be reasonably equivalent to the value of the hours of
service that would have otherwise been provided. In addition, at times it
may be more feasible to satisfy the pro bono responsibility collectively,
as by a firm's aggregate pro bono activities.

  [10] [Reserved.]

  [11] Law firms should act reasonably to enable and encourage all lawyers
in the firm to provide the pro bono legal services called for by this Rule.

  [12] The responsibility set forth in this Rule is not intended to be
enforced through disciplinary process.

Additional Washington Comments (13 - 16)

  [13] Washington's version of this Rule differs from the Model Rule.
Washington's Rule 6.1 specifies an aspirational minimum of thirty hours of
pro bono publico legal services per year rather than fifty, but provides
for presentation of a service recognition award to those lawyers reporting
to the WSBA a minimum of fifty hours. Unlike the Model Rule, paragraph (a)
of Washington's Rule does not specify that the majority of the pro bono
publico legal service hours should be provided without fee or expectation
of fee. And Washington's Rule does not include the final paragraph of the
Model Rule relating to voluntary contributions of financial support to
legal services organizations. The provisions of Rule 6.1 were taken from
former Washington RPC 6.1 (as amended in 2003).

  [14]  For purposes of this Rule, a "qualified legal services provider" is
a not-for-profit legal services organization whose primary purpose is to
provide legal services to low-income clients.

  [15] Pro bono publico service does not include services rendered for
wages or other compensation by lawyers employed by qualified legal services
providers (as that term is defined in Washington Comment [14]), government
agencies, or other organizations as part of their employment.

   [16] The amount of time spent rendering pro bono publico services should
be  calculated  on  the  same basis that lawyers calculate  their  time  on
billable matters. For example, if time spent traveling to a client  meeting
or  to  a  court hearing is considered to be part of the time for  which  a
paying  client would be billed, it is appropriate to include such  time  in
calculating  the  number of pro bono publico service hours  rendered  under
this Rule.


[Amended effective September 1, 2003; September 1, 2006.]