CBA Record September-October 2025

PRO BONO WEEK 2025 – JUSTICE CAN’T WAIT

In Defense of True Pro Bono Publico By James Morsch and Bob Glaves

I f you had told us when we started practicing law that the President of the United States would persuade some of the country’s largest law firms to donate hundreds of millions of dollars in pro bono work, we would have cheered. If true access to justice for persons of limited means is to be achieved, firms (and corporate legal departments) must lead by example and pro vide those services free of charge. Having the bully pulpit of the presidency to trumpet pro bono work could, one would assume, only help. Unfortunately, the White House, many in the media, and others have distorted—and in some cases weaponized—the true meaning of pro bono legal work. Defining Pro Bono The definition of pro bono legal services has evolved over time but is now well established. A strong consensus exists today in the legal community about what does and does not constitute pro bono work. This consensus is reflected in Illinois Supreme Court Rule 756 and similar rules around the country.

First, the services provided by the lawyer must be legal in nature. In other words, while service on a charitable board or contributions to a not-for-profit organization are important, they do not qualify as pro bono work unless the lawyer is providing legal advice or representation to such organizations. Second, if the lawyer charges for their legal services, even on a discounted basis, that work does not qualify as pro bono. Third, the services must be provided either to persons of lim ited means, to organizations whose purpose is to address the needs of such persons, or to further the organizational purposes of nonprofit or charitable organizations. Fourth, the pro bono work has to be undertaken voluntarily by the lawyer. It cannot be part of the lawyer’s paid job duties or have been assigned to them against their will. Fifth, the definition of pro bono work does not have a politi cal component. In other words, pro bono is not defined by the beliefs of the person or organization being served; whether the free legal services provided are intended to vindicate the rights of criminal defendants, immigrants, or protestors; or to assist orga nizations espousing any particular political point of view.

Illinois Supreme Court Rule 756(f) defines pro bono as legal services to persons of limited means; legal services to charitable, religious, civic, community, governmental, or educational organizations in matters designed to address the needs of persons of limited means; legal services to charitable, religious, civic, or community organizations in furtherance of their organizational purpose; or training intended to benefit legal aid organizations or lawyers who provide pro bono services. Under the Rule, attorneys are also encouraged to make monetary contributions “to an organization that provides legal services to persons of limited means or which contributes financial support to such an organization.”

20 September/October 2025