Section 1(a) of Amended General Order 2019-07 (10/18/21 version) lists the factors a judge may consider in deciding whether a referral is warranted. Cases that have been referred since the program commenced have included cases arising under Section 1983, Title VII, Hague Convention, and the Social Security Act, as well as cases presenting constitutional issues.

Yes. Legal Aid Center of Southern Nevada administers the program, which provides free attorney malpractice coverage. The coverage is primary and extends both to representation and all counsel and advice. Volunteers also benefit from being assigned an attorney mentor with federal practice experience who can provide guidance and support to help ensure quality representation.

Mentors
Experienced mentors may be assigned to any pro bono attorney upon request. Legal Aid Center works with the volunteer attorney at the outset of the representation to ensure he or she has sufficient guidance and/or supervision to competently handle the case.

Reimbursement of Reasonable Expenses
Pro bono counsel must seek reimbursement from the pro se litigant for the costs incurred in litigating the action to the extent feasible. Pro bono counsel may also apply for reimbursement of reasonable expenses from the Attorney Admissions Fund or other Non-Appropriated Funds account (“Court Fund”). See Section 2 of the Amended General Order 2019-07 Establishing the Pro Bono Program for additional details.

Waiver of CM/ECF Fees
Attorneys who have taken on pro bono representation shall not be charged fees for use of the court’s electronic filing system (PACER) in the case on which they are serving as pro bono counsel.

Within 30 days after pro bono counsel accepts an appointment, counsel shall complete and return to the Pro Bono Liaison the Appointment Response Form. Pro bono counsel shall also indicate that he or she has conferred with the litigant and that the litigant agrees to representation. Upon receipt of the Appointment Response Form, the Liaison will forward the form along with a proposed order appointing pro bono counsel to the referring judge. Pro bono counsel is expected to remain as counsel for the duration of the purpose of the appointment. Appointment under this program does not extend to an appeal of the final decision. For more information on getting started, please review this note that is intended to give some basic guidance on the basic steps to get things going.

Pro bono counsel should complete the Notice of Completion Form and submit it within 14 days after completion of legal services to the Pro Bono Liaison. Pro bono counsel should also complete the online final disposition form to close the case with Legal Aid Center.

Virtual visits are available at most Nevada state prisons. For information to set up a virtual visit, please contact the pro bono department. It is wise to visit the client in order to establish an attorney-client relationship and as necessary during the pendency of the case. Please review this note that is intended to give some basic guidance on the basic steps to get things going.

First, check the Department of Corrections website to confirm the location of the client. Then call the warden’s secretary at the institution. You should advise him or her that you want an attorney contact visit. Have your client’s Inmate Number available. Be sure to use the words “contact visit” or you will be seeing the client behind glass and you might as well be on the telephone. Find out from the secretary what days and times are available and determine whether you need to set a specific time to visit the client. Days and times vary from institution to institution. You should arrive 20-30 minutes prior to the visit.

You can bring in one redwell (expandable file folder) of documents at most institutions. You cannot give any documents to the client and he or she cannot give any to you. Those exchanges must be done by mail. You can have documents signed and you can go over the documents you have with you.

No. Books must be sent directly from the publisher/distributor. CDs of a hearing, for instance, must be sent from the court.

These rules vary by institution and are not applied consistently. Just ask when you check in. Some wardens think that this is not appropriate for a legal visit. You are certainly not required to purchase anything for a client but if you want to, you must bring quarters in a plastic bag. You should leave wallets and purses in the car (except for your ID and bar card).

Generally you should not wear any denim or blue clothing, no open-toed shoes, and no sleeveless tops. At least one institution prohibits visitors from wearing orange as well. Women must wear a bra and all visitors must wear underwear.

Your letters to your client should have “Attorney-Client Correspondence-Privileged” written clearly on the envelope and your name with “Attorney at Law” and “Firm Name” should be in the return address. Correspondence marked in this manner should be signed by an attorney and not by a non-attorney staff member. Do not include anything other than case-related documents in the envelope.

Access to phones for the client is unpredictable and inconsistent. In other words, you may set a time for a phone call from the client, but he or she may not be able to access a phone at that time. You cannot call into an inmate at the institution. Usually the client will be calling you collect and the prison telephone contractors charge exorbitant rates for collect calls from prisons. If the client is overusing collect calls, it is reasonable to limit the number of calls and the length. Third-party calls are prohibited so if it sounds as if the client is calling a third-party and patching you in, not only is confidentiality lost (although the phone call is probably being monitored anyway) but it is a rule violation.

There will be a guard nearby in the visiting room. In fact, if there is no attorney visiting room, you may ask to be moved far enough away from the guard and other visitors in order to have a private conversation. Your client will be grateful for your assistance. Incidents between inmates and attorneys are extremely rare.

View our general Volunteer FAQ for more information on representing clients through the Pro Bono Project.

In the legal field, the term pro bono refers to legal work that is performed voluntarily and free of charge. A lawyer may take on a case for free because he or she believes the case has merit or is important, or simply to help the court and the individual. The phrase “pro bono” comes from the Latin term “pro bono publico,” which means “for the public good.” When a lawyer works pro bono, he or she is said to be working for the public good.

The federal judge decides if he or she wants to refer your case for the appointment of a pro bono lawyer through the Federal Pro Bono Program. The judges look at a variety of factors before selecting the cases to be considered for pro bono counsel, including the pro se (unrepresented) litigant’s ability to obtain counsel, the merits of the case, and the type or complexity of the case. Section 1(a) of Amended General Order 2019-07 lists the factors a judge may consider in deciding whether a referral is warranted.

No. Legal Aid Center of Southern Nevada will coordinate assignment of pro bono attorneys to pro se litigants. You must cooperate with the pro bono attorney assigned to your case. You are not required to participate in the program.

Yes. To be eligible for participation in the program, your income must conform to certain financial guidelines established for the program. Legal Aid Center of Southern Nevada will need you to provide documentation to verify your income eligibility.

No. Pro bono attorneys are performing a service on a pro bono basis and do not charge fees for the services provided. However, if there are litigation costs that cannot be waived, the client may be responsible for those costs.

You may visit the Pro Se Assistance page of the United States District Court, District of Nevada website for resources. Pro Se Forms are also available.

No. The federal judge decides if he or she wants to refer your case for the appointment of a pro bono lawyer through the Federal Pro Bono Program. You cannot apply for the referral yourself; the judge will determine if a referral is appropriate once your case has started. If you are looking for more information on representing yourself, visit the District of Nevada’s Pro Se page, review the Pro Se Assistance Packet, visit Legal Aid Center of Southern Nevada to get more information on the Federal Ask-A-Lawyer Program.

If you are having an issue with the lawyer assigned to your case, you may contact Legal Aid Center’s Pro Bono Project staff at probono@lacsn.org or 702-386-1422, to discuss the matter. They will work with you and your pro bono attorney to resolve the issue and improve your working relationship. If the attorney-client relationship breaks down and cannot be restored, your attorney may request to withdraw from the case, or you may choose to terminate his or her representation. In most situations, clients accepted into the program will not be provided with another pro bono attorney.