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Pro Bono Project Guidelines (And Exhibits) - California
| Pro Bono Project Guidelines (And Exhibits) Form. This is a California form and can be used in General USDC Northern Federal . |
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Federal Pro Bono Project of the United States District Court Northern District of California with The Bar Association of San Francisco Volunteer Legal Services Program and Santa Clara County Bar Association GUIDELINES 1. Selection of Cases. The Federal Pro Bono Project has been established to attempt to secure pro bono representation for litigants meeting the following criteria: a. b. c. The litigant must be in propria persona. The litigant must have been granted leave to file in forma pauperis. The litigant must have used reasonable (but unsuccessful) efforts to retain private counsel including, but not limited to, attempting to locate counsel through a California State Bar-approved lawyer referral service. The Court must determine the case is one which warrants pro bono representation. d. 2. Referral of Cases to the Project. The Court may refer litigants to The Volunteer Legal Services Program of the Bar Association of San Francisco ("BASF") or Santa Clara County Bar Association ("SCCBA") on its own motion or upon granting the litigant's motion. A sample "Order Referring Litigant to Federal Pro Bono Project and Staying Proceedings Pending Appointment of Counsel" is attached to these Guidelines as Exhibit A. The Court may appoint counsel for limited purposes such as: representation on a dispositive motion, conduct of a single deposition or addressing particular claims. The following procedure will be observed once a litigant has been selected by the Court for referral to the Project: a. The Court will notify the administrator or staff of the BASF/SCCBA of the referral by completing and mailing the appropriate referral form. (Exhibit B). The Court will give the litigant a copy of the attached "Instructions to Litigant" Information Sheet (attached as Exhibit C). This sheet explains the Project to the litigant. The litigant should be admonished by the Court to follow the instructions on the sheet carefully and that failure to do so may result in the litigant being removed from the program. The Court will arrange for one copy of the court file to be forwarded to the BASF/SCCBA with the referral form or as soon thereafter as the file is available. b. c. American LegalNet, Inc. www.FormsWorkflow.com d. The BASF/SCCBA staff will attempt to locate within thirty (30) days counsel willing to be appointed by the Court to represent the litigant on a pro bono basis. The Project staff will interview the litigant to insure suitability for representation. Should the staff find representation is not suitable or available, he/she will notify the Court by letter. Once a volunteer attorney is located, the Judge will be notified of the identity of the volunteer attorney. Upon entering an appearance in the action, the appointed attorney shall communicate promptly with the litigant and shall diligently and competently represent that party's interests consistent with the scope of appointment. e. 3. Stay of Proceedings Until Four Weeks After Appointment of Counsel. At the time a litigant is referred to the program, the Court will stay all proceedings in the action for a period to and including four weeks from the date a volunteer attorney is appointed by the Court to represent the litigant. The purpose of the stay is to permit the volunteer attorney sufficient time to meet and interview the client, review the case file and conduct preliminary investigation and legal research. Project Contact Persons: Tiela Chalmers (415) 782-9000, ext 8117; fax (415)477-2390 Executive Director Volunteer Legal Services Program of BASF 301 Battery Street, 3rd Floor San Francisco, CA 94111 Tchalmers@sfbar.org Christine A. Burdick (408) 287-2557; fax (408)850-1506 Executive Director Santa Clara County Bar Association 4 North 2nd Street, #400 San Jose, CA 95113 ChrisB@sccba.com 4. 5. Request for Reconsideration of Referral. If the BASF/SCCBA contacts the referring judge or magistrate judge indicating that efforts to place a case have been or are likely to be unsuccessful, and the referring judge or magistrate judge continues to be of the opinion that the case should be referred, then the BASF/SCCBA staff will continue efforts to place the case with a volunteer attorney. Appointment of Counsel. Once a volunteer attorney has been located, the Court shall issue an order appointing that attorney to represent the litigant. A sample order is attached to these guidelines as Exhibit D. Status Conference at Expiration of Stay. As near a time as is practical after the expiration of the stay of proceedings in any referred case, the Court shall conduct a status conference with all parties represented. One purpose of the status conference shall be to consider whether expedited discovery and/or other proceedings are appropriate to facilitate efficient resolution of the case. Recruitment of Volunteer Attorneys. Volunteer attorneys will be selected from a panel recruited by BASF/SCCBA. All volunteers are required to be experienced litigators or to have attended a training program which may be offered by the BASF/SCCBA. Nothing in these guidelines shall be construed to preclude an attorney from recovering 2 American LegalNet, Inc. www.FormsWorkflow.com 6. 7. 8. attorneys' fees awarded to the plaintiff as the prevailing party or as part of a negotiated settlement of the case. 9. Supervision of Volunteer Attorneys. Any volunteer attorney who wishes to consult with an expert on a case referred through the Project may be assigned by BASF/SCCBA an "advisor attorney" from among a panel who are experienced in the substantive area and who have litigated in federal court. The identity of the advisor shall not be revealed to the client, nor will the advisor have direct contact with the client. Attorney Withdrawal from Case. An appointed attorney considering withdrawing from a case must consult with the administrator of the BASF/SCCBA prior to filing a motion to withdraw. Cost and Fee Reimbursement. The Court will order reimbursement for all out of pocket costs to any appointed attorney accepting clients through the Project under the following conditions: a. The trial judge shall determine whether the expenses claimed are reasonable and necessary and may authorize reimbursement of costs up to $10,000. More than $10,000 will be available from the Court in any one case if good cause therefor is found by the trial judge, subject to approval of the Non-Appropriated Fund Committee of the Court. Any single expense in excess of $1,000 must be approved by
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