Mandating disclosure of pro bono hours and how much money lawyers pay to pro bono providers on the biennial registration statement (NYLJ, May 1, 2013) is unlikely to serve its intended purpose of increasing free legal services to those needing them, for the simple reason that most firms in New York are small operations or solo practitioners, who are already stretched to the limit and depend on clients to pay their bills to keep their doors open and the lights on.
Providing free legal services to clients who cannot afford to pay is actually a quite familiar refrain to most practicing lawyers, who do it already. In reality, once a client exceeds their retainer, the lawyer begins to work against monies that no longer exist and, with every billable hour, become less likely to be ever paid. Still, most, if not all practitioners make every effort to work with clients who do not or cannot pay, including cutting down on their bill as a courtesy, or offering discounted retainers.
