SRLN Brief: Rule 6.5 - A Powerful Tool to Diversify Pro Bono and Transform Court Services
Ethics rule 6.5 is a powerful tool to diversify pro bono programs and to transform court services because it allows unbundled lawyers to perform real time services in court-annexed programs without the onerous clerical burdens and limitations under the traditional conflicts analysis. Specifically the model rule states:
(a) A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited legal services to a client without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter:
(1) is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the representation of the client involves a conflict of interest; and
(2) is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter.
(b) Except as provided in paragraph (a)(2), Rule 1.10 is inapplicable to a representation governed by this Rule.