1.1 - Representation

Competent and professional pro bono representation can benefit immigration proceedings. As a general rule, a “pro bono representative” is an attorney or other representative specified in 8 C.F.R. § 1292.1 who provides legal representation without any present or future expectation of remuneration from the respondent (other than filing fees and nominal costs). Uncompensated initial consultations or initial court appearances, with the ultimate intention or goal of compensation by the respondent, are contrary to the spirit of pro bono representation. While an attorney or representative may be regularly compensated by an employing firm or organization, representation should be provided solely and honestly for the public good. See American Bar Association Model Rules of Professional Conduct Rule 6.1-6.2. Further, using the cover of potential pro bono representation as a means of soliciting clients when a significant motive for the solicitation is pecuniary gain is both contrary to the purpose of pro bono representation and a potential violation of EOIR’s rules of professional conduct. See 8 C.F.R. § 1003.102(d).

EOIR’s Office of Policy oversees the following programs related to representation:

• Recognition & Accreditation (R&A) Program
• National Qualified Representative Program (NQRP)
• List of Pro Bono Legal Service Providers
• Model Hearing Program