Resources for Legal Services Organizations

Pro bono legal work and volunteer services may be broadly defined to include many different types of activities 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 service that would conflict with the volunteer’s official duties is prohibited. 5 C.F.R. § 2635.802. For example, federal employees, in most cases, are prohibited from representing parties before the federal government. 18 U.S.C. § 205. (See questions below on conflicts of interest.) In addition, each federal agency has its own regulatory standards of conduct which 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.

No. 18 U.S.C. § 205 prohibits federal employees 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.

The Federal Government Pro Bono Program does not promote opportunities where the volunteers will be asked to give advice on any federal issue regardless of whether representation is involved. For example, at brief advice clinics, we advise federal government attorneys to refrain from providing advice on federal issues.

Yes, in limited ways. They may provide non-representational assistance which does not qualify as the practice of law, such as filling out forms for a person seeking government benefits. However, they 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. § 205(e), which provides a very limited exception for certain family members and other federal employees. They may not represent a third party before any federal government agency. Certain applications for government benefits may require the person assisting with filling out the application to note whether they are an attorney. Federal government attorneys are advised to avoid assisting with those applications.

Yes, however, they are prohibited from representing another person before the IRS in connection with a tax return. Federal government volunteers have participated in the Volunteer Income Tax Assistance Program (VITA).

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

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

Each agency has its own policy on the use of its resources and property. Some agencies will allow for the personal use of government equipment and facilities provided there is only a negligible cost to the government (such as electricity, ink, small amounts of paper, and ordinary wear and tear). 

No. Pro bono and volunteer services are not official duties and may not be assigned to or required of support staff.  Interested support staff may contact the DOJ Pro Bono Program Manager to be included in a list of staff who want to volunteer. The DOJ Pro Bono Program Manager can match legal staff with pro bono attorneys who request assistance.

Each agency has its own policy on this issue.

Federal government employees are encouraged to seek pro bono and volunteer opportunities that can be accomplished outside of their scheduled working hours. However, activities may sometimes occur during the work day. They may be granted annual leave, leave without pay, or may be permitted to make up any time they are away from the office.

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. Some agencies have issued policies specifically permitting the use of administrative leave for pro bono activities, such as the Department of Justice, the Department of Labor, the Department of Energy, the Department of Homeland Security, the Department of Housing and Urban Development, the National Labor Relations Board, the Pension Benefit Guaranty Corporation, and others.

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 their official duties, including time availability;
3. cause a reasonable person to question the integrity of their agency's programs or operations;
4. require their recusal from significant aspects of their official duties;
5. create an appearance that their official duties are being performed in a biased or less than impartial manner; or
6. create an appearance of official sanction or endorsement.

Each agency has its own policy regarding its employees’ outside activities. Most agencies do require advance approval of pro bono activities. An employee seeking to engage in any pro bono legal work must follow their agency's procedures for outside activities.

The federal government does not provide malpractice coverage and most federal government attorneys do not carry their own insurance because their official work is protected by their agency. Therefore, the Federal Government Pro Bono Program only publicizes pro bono opportunities where malpractice insurance will be provided by the legal services organization.

Federal government attorneys do not need to be licensed in the state where they are practicing on behalf of the United States. Many federal government attorneys are therefore not licensed in the jurisdiction where they live. In states where there is an exception to the unauthorized practice of law rules which allows out-of-state attorneys to do pro bono work, federal government attorneys are able to participate fully. In states without such an exception, federal government attorneys are limited to work which is not the practice of law.

Yes. The Federal Government Pro Bono Program, which is housed in the Department of Justice Office for Access to Justice, has been established to assist federal agencies in promoting pro bono activity. It assists with policy development, review of ethics concerns, and coordinating with the legal services community. It also organizes events to encourage more government volunteers to participate in pro bono work. Over 60 federal agencies participate in the Program.

If you work for a legal services organization interested in learning more about the Federal Government Pro Bono Program or working with federal government volunteers, please contact the Pro Bono Program Staff at probono@usdoj.gov.