The Tennessee Supreme Court will add a voluntary funding mechanism for attorneys to contribute to access to justice programs, but will not require attorneys to report pro bono hours under changes adopted today.
In an order filed on Tuesday, the Court “continues to encourage strongly voluntary reporting of pro bono participation.” Pro bono service refers to attorneys volunteering their services at free or substantially reduced rates to those that are otherwise unable to afford them for non-criminal cases.
The changes to Supreme Court Rule 9, which governs the practice of law in Tennessee, come about after the Supreme Court’s Access to Justice Commission petitioned for amendments that would, among other things, have required attorneys to report pro bono hours and whether any financial contributions were made. The Commission did not ask the Court to mandate pro bono service or monetary donations, and asked only for mandatory reporting of those activities. The Court declined to mandate such reporting.
The Court also added an option for attorneys to make financial donations as part of their annual registration process. Any funds donated will go to access to justice programs. The Commission had sought a donation mechanism whereby attorneys would be required to opt out of an annual $50 donation.
The Supreme Court has for years made access to justice a focus of its strategic initiatives to address a growing legal needs gap in Tennessee as indigent and working-poor families face more legal problems caused by unemployment, predatory loans, uninsured medical bills, domestic violence, evictions, and foreclosures. While public funds provide attorneys to the criminally accused, no such option exists for those that may find themselves dealing with civil legal issues, such as landlord-tenant disputes, bankruptcy, discrimination, or employer problems.
The Court’s Tennessee Access to Justice Commission, which is made up of ten members from across the state, was formed in 2009 to help develop plans to address that gap. As noted in the Commission’s petition, Tennessee is recognized as a national leader in access to justice efforts.