Rule 6.1.Voluntary Pro Bono Public 
 Service 
 A lawyer should aspire to render at least fifty (50) 
 hours of pro bono public legal services per year. In 
 fulfilling this responsibility, the lawyer should: 
  
 (a)provide a substantial majority of the fifty (50) hours 
 of legal services without fee or expectation of fee to: 
  
 (1)persons of limited means or 
  
 (2)charitable, religious, civic, community, 
 governmental and educational organizations in matters which 
 are designed primarily to address the needs of persons of 
 limited means; and 
  
 (b)provide any additional legal or public service 
 through: 
  
 (1)delivery of legal services at no fee or a 
 substantially reduced fee to individuals, groups or 
 organizations seeking to secure or protect civil rights, 
 civil liberties or public rights, or charitable, religious, 
 civic, community, governmental and educational organizations 
 in matters in furtherance of their organizational purposes, 
 where the payment of standard legal fees would significantly 
 deplete the organization's economic resources or would be 
 otherwise inappropriate; 
  
 (2)delivery of legal services at a substantially 
 reduced fee to persons of limited means; or 
  
 (3)participation in activities for improving the law, 
 the legal system or the legal profession. 
  
 In addition, a lawyer should voluntarily contribute 
 financial support to organizations that provide legal 
 services to persons of limited means. 
  
 Where constitutional, statutory or regulatory 
 restrictions prohibit government and public sector lawyers 
 or judges from performing the pro bono services outlined in 
 paragraphs (a)(1) and (2), those individuals should fulfill 
 their pro bono responsibility by performing services or 
 participating in activities outlined in paragraph (b). 
  
 Source: 
 Entire rule repealed and readopted November 2, 1999, effective January 1, 2000. 
  
 

                                                                
ANNOTATIONSCOMMENT 
 Every lawyer, regardless of professional prominence or 
 professional work load, has a responsibility to provide 
 legal services to those unable to pay. Indeed, the oath 
 that Colorado lawyers take upon admittance to the Bar 
 requires that a lawyer will never "reject, from any 
 consideration personal to myself, the cause of the 
 defenseless or oppressed." In some years a lawyer may 
 render greater or fewer hours than the annual standard 
 specified, but during the course of his or her legal career, 
 each lawyer should render on average per year, the number of 
 hours set forth in this Rule. Services can be performed in 
 civil matters or in criminal or quasi-criminal matters for 
 which there is no government obligation to provide funds for 
 legal representation, such as post-conviction death penalty 
 appeal cases. 
  
 Paragraphs (a)(1) and (2) recognize the critical need 
 for legal services that exists among persons of limited 
 means by providing that a substantial majority of the legal 
 services rendered annually to the disadvantaged be furnished 
 without fee or expectation of fee. Legal services under 
 these paragraphs consist of a full range of activities, 
 including individual and class representation, the provision 
 of legal advice, legislative lobbying, administrative rule 
 making and the provision of free training or mentoring to 
 those who represent persons of limited means. 
  
 Persons eligible for legal services under paragraphs 
 (a)(1) and (2) are those who qualify for participation in 
 programs funded by the Legal Services Corporation and those 
 whose incomes and financial resources are slightly above the 
 guidelines utilized by such programs but nevertheless, 
 cannot afford counsel. Legal services can be rendered to 
 individuals or to organizations such as homeless shelters, 
 battered women's centers and food pantries that serve those 
 of limited means. The term "governmental organizations" 
 includes, but is not limited to, public protection programs 
 and sections of governmental or public sector agencies. 
  
 Because service must be provided without fee or 
 expectation of fee, the intent of the lawyer to render free 
 legal services is essential for the work performed to fall 
 within the meaning of paragraphs (a)(1) and (2). 
 Accordingly, services rendered cannot be considered pro bono 
 under paragraph (a) if an anticipated fee is uncollected, 
 but the award of statutory lawyers' fees in a case 
 originally accepted as pro bono would not disqualify such 
 services from inclusion under this section. Lawyers who do 
 receive fees in such cases are encouraged to contribute an 
 appropriate portion of such fees to organizations or 
 projects that benefit persons of limited means. 
  
 While it is possible for a lawyer to fulfill the annual 
 responsibility to perform pro bono services exclusively 
 through activities described in paragraphs (a)(1) and (2), 
 to the extent that any hours of service remain unfulfilled, 
 the lawyer may satisfy the remaining commitment in a 
 variety of ways as set forth in paragraph (b). 
  
 Paragraph (b)(1) includes the provision of certain 
 types of legal services to those whose incomes and financial 
 resources place them above limited means. It also permits 
 the pro bono lawyer to accept a substantially reduced fee 
 for services. Examples of the types of issues that may be 
 addressed under this paragraph include First Amendment 
 claims, Title VII claims and environmental protection 
 claims. Additionally, a wide range of organizations may be 
 represented, including social service, medical research, 
 cultural and religious groups. 
  
 Paragraph (b)(2) covers instances in which lawyers 
 agree to and receive a modest fee for furnishing legal 
 services to persons of limited means. Acceptance of court 
 appointments in which the fee is substantially below a 
 lawyer's usual rate are encouraged under this section. 
  
 Paragraph (b)(3) recognizes the value of lawyers 
 engaging in activities that improve the law, the legal 
 system or the legal profession. Serving on bar association 
 committees, serving on boards of pro bono or legal services 
 programs, taking part in Law Day activities, acting as a 
 continuing legal education instructor, a mediator or an 
 arbitrator and engaging in legislative lobbying to improve 
 the law, the legal system or the profession are a few 
 examples of the many activities that fall within this paragraph. 
  
 Because the provision of pro bono services is a 
 professional responsibility, it is the individual ethical 
 commitment of each lawyer. However, in special 
 circumstances, such as death penalty cases and class action 
 cases, it is appropriate to allow collective satisfaction by 
 a law firm of the pro bono responsibility. 
  
 There may be times when it is not feasible for a lawyer 
 to engage in pro bono services. At such times a lawyer may 
 discharge the pro bono responsibility by providing financial 
 support to organizations providing free legal services to 
 persons of limited means. Such financial support should be 
 reasonably equivalent to the value of the hours of service 
 that would have otherwise been provided. Because the efforts 
 of individual lawyers are not enough to meet the need for 
 free legal services that exists among persons of limited 
 means, the government and the profession have instituted 
 additional programs to provide those services. Every lawyer 
 should financially support such programs, in addition to 
 either providing direct pro bono services or making 
 financial contributions when pro bono service is not feasible. 
  
 The responsibility set forth in this Rule is not 
 intended to be enforced through disciplinary process. 
  
 MODEL CODE COMPARISON 
 There was no counterpart of this Rule in the 
 Disciplinary Rules of the Model Code. EC 2-25 stated that 
 the "basic responsibility for providing legal services for 
 those unable to pay ultimately rests upon the individual 
 lawyer . . . . Every lawyer, regardless of professional 
 prominence or professional work load, should find time to 
 participate in serving the disadvantaged." EC 8-9 stated 
 that "[t]he advancement of our legal system is of vital 
 importance in maintaining the rule of law . . . [and] 
 lawyers should encourage, and should aid in making, needed 
 changes and improvements." EC 8-3 stated that "[t]hose 
 persons unable to pay for legal services should be provided 
 needed services." 
  
  
  
 ANNOTATION 
  
 Law reviews.  For article, "Like It or Not, Colorado Already Has 
 'Mandatory' Pro Bono", see 29 Colo. Law. 35 (April 2000).