Resources for Federal Government Volunteers

“Pro bono activities” refers to all legal work performed without compensation. Examples include, but are not limited to, services to persons of limited means or other disadvantaged persons; assistance to charitable, religious, civic, community, governmental, health, and educational organizations; services to individuals or groups seeking to protect civil rights, civil liberties or public rights; and activities seeking to improve the law or legal system.

Any activity that would conflict with your official duties is prohibited. 5 C.F.R. § 2635.802. For example, in most cases, you are prohibited from representing parties before the federal government. 18 U.S.C. § 205. For more information, see Conflicts of Interest, below.

In addition, each federal agency has its own regulatory standards of conduct that its employees must follow. For example, Department of Justice attorneys may not provide services that involve criminal or habeas corpus matters, whether federal, state, or local. 5 C.F.R. § 3801.106.

Generally, yes, provided the services you are providing fall within the definition of pro bono legal services, and you are not receiving compensation.

Note: There are limited exceptions to this rule that permit you to represent family members and friends in non-pro bono matters as long as the United States is not a party, and the matter is not criminal in nature. If you would like to represent a family member or friend in a matter that does not fall within the definition of pro bono activity, you should contact your Deputy Designated Agency Ethics Official (DDAEO).

Yes, in limited ways. You may not represent a third party before any government agency. However, you may provide non-representational assistance, such as filling out forms for a person seeking government benefits. But you should be mindful that you may not contact a federal agency, with the intent to influence, on behalf of another person except those persons permitted by 18 U.S.C. § 205I.

No. Title 18, section 205 of the U.S. Code prohibits you from representing another person before any court or agency of the United States in a matter in which the United States is a party or has a direct and substantial interest. However, there are limited exceptions for representing your immediate family (spouse, child, and parents), fellow employees in personnel administration proceedings, and certain employee organizations in limited circumstances.

Yes. However, you are prohibited from representing another person before the IRS in connection with a tax return.

No. You may not indicate or represent in any way that you are acting on behalf of your agency, or in your official capacity, when providing pro bono or volunteer services.

No. You may not use office letterhead, business cards, fax cover sheets, or otherwise identify yourself as a federal government employee in any communication, correspondence, or pleading.

Maybe. Each agency has its own policy on the use of its resources and property. Some agencies allow for the personal use of government equipment and facilities if there is only a negligible cost to the government (such as electricity, ink, small amounts of paper, and ordinary wear and tear). To learn about your agency’s policy, contact your agency pro bono coordinator or ethics officer.

No. Pro bono activities are not official duties and may not be assigned to or required of support staff. The Federal Government Pro Bono Program maintains a Support Staff Resource Pool, where paralegals, legal assistants, and other support staff may volunteer to be matched with federal government attorneys who need assistance. Attorneys and support staff should contact the Pro Bono Program Staff at AccesstoJustice@usdoj.gov to request assistance or to be added to the Pool.

Maybe. Each agency has its own policy on this issue. To learn about your agency’s policy, contact your agency pro bono coordinator or ethics officer.

Generally, no. We encourage you to seek pro bono opportunities that can be accomplished outside of your scheduled working hours. However, activities may sometimes occur during the workday. Your agency’s policy may allow you to be granted annual leave or leave without pay, or to be permitted to make up time you are away from the office. To learn about your agency’s policy, contact your agency pro bono coordinator or ethics officer.

Maybe. Generally, it is inappropriate to pay an employee for time engaged in pro bono activity. However, in limited circumstances, it may be appropriate to excuse an employee from duty for brief periods of time without loss of pay or charge of leave. Excused absence should be limited to those situations in which the employee's services meet one or more of the following criteria: are directly related to the agency’s mission; are officially sponsored or sanctioned by the agency; or will enhance the professional development or skills of the employee in their current position. See 5 C.F.R. 630.1403. Further, some agencies have issued policies specifically permitting the granting and use of administrative leave for pro bono activities. Examples include the Department of Justice, the Department of Labor, the Department of Energy, the Department of Homeland Security, the Department of Interior, the National Labor Relations Board, and the Pension Benefit Guaranty Corporation. To find out if your agency has such a policy, check with your agency pro bono coordinator or ethics officer.

Your Deputy Designated Agency Ethics Official (DDAEO).

Any activity that would:

1. violate any federal statute, rule, or regulation, including for example, 18 U.S.C. § 201 et seq. and the Standards of Conduct at 5 C.F.R. § 2635;
2. interfere with the proper and effective performance of your official duties, including time availability;
3. cause a reasonable person to question the integrity of your agency's programs or operations;
4. require your recusal from significant aspects of your official duties;
5. create an appearance that your official duties are being performed in a biased or less-than-impartial manner; or
6. create an appearance of official sanction or endorsement.

Yes. Each agency has its own policy regarding its employees’ outside activities. An employee seeking to engage in any pro bono legal work must follow their agency’s procedures for outside activities. To learn about your agency’s approval requirements, consult with your agency pro bono coordinator or ethics officer.

The federal government does not provide malpractice insurance coverage. Generally, pro bono opportunities organized by the local bar or more established nonprofit legal services organizations provide malpractice insurance coverage to volunteers. The Federal Government Pro Bono Program only publicizes organizations and opportunities that provide malpractice insurance coverage to volunteers. If you find an opportunity on your own, you should ask the organization through which you will be providing pro bono services whether it will provide malpractice coverage for you.

Maybe. For guidance, see the Learn About Out-of-State Practice Rules section in Resources for Federal Government Volunteers

Absolutely! Government attorneys regularly staff brief advice clinics. At these clinics, attorneys provide brief advice and referral for clients and do not take on the cases. You can also work with students as a judge or coach a moot court or mock trial for local high school programs, help clients to fill out tax forms, and much more.

It is never too late to start doing pro bono work. There are lots of resources and support to help you. First, you can start by taking a training. Many legal services organizations provide trainings on substantive areas of law that are designed for attorneys who are new to the subject area. Many trainings are available online as well. Second, most legal services organizations assign mentors to government attorneys to advise you throughout your pro bono work. Third, most local legal service organizations offer terrific resource banks, which might include manuals, sample forms, and sample pleadings. Many attorneys start by co-counseling their first pro bono case. And you don’t have to start by taking a case – you can participate in a brief advice clinic, volunteer at an intake site, or do a range of other activities.

Yes. Twenty-two states currently offer some CLE credit for pro bono work. Additionally, some organizations provide CLE credit for their trainings to prepare attorneys to volunteer. Contact the Pro Bono Program Staff at AccesstoJustice@usdoj.gov for details.

Yes. The Interagency Pro Bono Working Group (IAWG) has been established to assist federal agencies in developing pro bono policies and programs. The IAWG also organizes events to encourage more government attorneys to participate in pro bono work. The IAWG is chaired by the Department of Justice Pro Bono Program Manager and includes representatives from over 60 agencies.

If you would like get your federal agency involved in the Federal Government Pro Bono Program, please contact the Pro Bono Program Staff at probono@usdoj.gov.