Can a group of local lawyers form a nonprofit corporation to give free legal help to people who cannot afford a lawyer but do not qualify for Legal Aid?

Plain-English summary

A member of the Orange County Bar Association reported that a group of county lawyers had opened a staffed office, operated as the "Neighborhood Law Office," to provide legal assistance to people who could not afford counsel but did not qualify for Legal Aid. Volunteer attorneys served part-time and accepted no fees, and the program described itself as supplementary to the existing Legal Aid Society run under the county bar's auspices. The lawyers wanted to form a nonprofit corporation under Florida Statutes so they could solicit and receive charitable contributions to keep the office running, and asked whether doing so would violate the Canons of Ethics.

The committee said it had exhaustively considered the safeguards and standards required of any program providing legal services to the needy, and referred to Florida Opinion 66-56 (since withdrawn). Subject to compliance with the admonitions in that prior opinion, a majority approved the Orange County proposal and found it permissible under DR 2-103(D) of the Code of Professional Responsibility. Two members would have disapproved the supplemental program, concluding that the Neighborhood Law Office was neither a bona fide nonprofit community organization, because it lacked a broad base, nor a project operated, sponsored, or approved by a representative bar association.

Currency note

This opinion was issued in 1972, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility, which has since been replaced. Treat this page as historical context, not current guidance. Verify against current Rules 4-6.1 and 4-7.22 before relying on any specific requirement mentioned here.

Common questions

Q: Could volunteer lawyers organize a free legal-help office as a nonprofit corporation?

A: Under this opinion, yes. A majority found the Orange County "Neighborhood Law Office" proposal permissible under DR 2-103(D), subject to the safeguards in the committee's prior opinion.

Q: Who was the program meant to serve?

A: The opinion described the program as serving people who were unable to employ counsel but did not qualify for Legal Aid, with participating attorneys accepting no fees.

Q: Did the committee agree unanimously?

A: No. Two members would have disapproved, viewing the office as neither a bona fide broad-based nonprofit community organization nor a project sponsored or approved by a representative bar association.

Background and rules framework

The opinion applied DR 2-103(D) of the former Code of Professional Responsibility, governing the rendering of legal services through legal aid and similar charitable arrangements. In current Florida practice pro bono and volunteer legal services are addressed in Rule 4-6.1 and the approval of referral and similar services in Rule 4-7.22; the Model Rule analogues are Rules 6.1 and 7.2.

Citations and references

Rules of Professional Conduct:

• CPR DR 2-103(D) (legal services through legal aid and charitable arrangements)

Other opinions cited:

• Florida Opinion 66-56 (since withdrawn)

See also

• FL Bar Ethics Op. 72-31: A County Bar Referral Service and Legal Aid Screening
• FL Bar Ethics Op. 72-45: Refusing Court Appointments to Defend Indigents
• FL Bar Ethics Op. 73-11: Office Letterhead for a Charity Appeal

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-71-69/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-71-69-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 71-69
March 14, 1972
Advisory ethics opinions are not binding.
It is permissible for a group of local lawyers to form a nonprofit corporation to provide free legal assistance to persons who, although unable to employ counsel, do not qualify for Legal Aid.
CPR: DR 2-103(D)
Opinion: 66-56
Chairman Clarkson stated the opinion of the committee:
A member of the Orange County Bar Association advises as follows:
Several months ago, a group of Orange County lawyers banded together for the purpose of providing legal assistance to persons, who, although unable to employ counsel, do not qualify for Legal Aid. We have opened an office which is staffed five days a week and is operated under the name of "Neighborhood Law Office." Volunteer attorneys are called upon from time to time and offer their services on a part-time basis. The purpose of our existence and guidelines under which we operate is set forth in a statement of policy which I enclose for your information.1
At the present time, the cost of our operation is funded from private sources. However, in order to solicit and receive charitable contributions for the continued operation of the NLO, we would like to form a non-profit corporation under the Florida Statutes. Will the formation of such a corporation and participation therein violate our Canons of Ethics?
We are also advised that the Neighborhood Law Office program is supplementary to an existing Legal Aid Society operated under auspices of the Orange County Bar Association.
This Committee has exhaustively considered and discussed the safeguards and standards which must be included within the framework of any program providing legal services to the needy.
1 "The Neighborhood Law Office is a voluntary association of members of the Orange County Bar who feel it appropriate to volunteer a portion of their time and professional skills in an effort to make legal assistance available to those in our community who are otherwise unable to secure the services of an attorney. The Neighborhood Law Office and its participating attorneys do not accept fees for any services rendered and does (sic) not seek to compete with either the private attorney or existing forms of legal assistance. However, because there do exist persons who are not able to secure the benefits of counsel through existing institutions and because the Neighborhood Law Office and its participants believe that it is the responsibility of those who are part of the legal system to make it accessible to all persons regardless of their finances or the nature of their cause, the Neighborhood Law Office has been established and will seek within its limitations of manpower and finances to provide such legal assistance to those who require it."
See Florida Opinion 66-56 [since withdrawn]. Subject to compliance with the admonitions set forth in our prior opinion, a majority of the Committee approves the Orange County proposal and finds it permissible under the provisions of DR 2-103(D), CPR.
Two committeemen would disapprove establishment of the supplemental program as proposed. They have concluded that the "Neighborhood Law Office" is neither a bona fide non-profit community organization (because it lacks a broad base) nor a project operated, sponsored or approved by a representative bar association.