When a lawyer takes on a case for free, there’s more at stake than just a missed paycheck. Behind every pro bono engagement lies a quiet tension between public duty and private practice—and for many attorneys, that balance is harder to strike than the Latin sounds easy. This guide unpacks what “pro bono” actually means, why law firms invest in it despite the cost, and what keeps some lawyers from ever getting started.
Origin: Latin pro bono publico · Primary Field: Law · Payment Status: Voluntary, unpaid · Example Hours: 120 per attorney (some firms) · Goal: Public good
Quick snapshot
- Unpaid legal services for those who cannot afford them (Cornell LII Wex)
- ABA recommends 50 hours per year, but it’s aspirational—not mandatory (Cornell LII Wex)
- Universal hour expectations across jurisdictions remain vague
- Non-legal professional contexts lack consistent definitions
- 1993: ABA raised suggested hours from 40 to 50 (Martindale-Avvo)
- 2023 PBI report shows total hours up, but per-attorney participation down (Martindale-Avvo)
- Declining participation rates threaten access to justice amid funding cuts (Maryland Access to Justice)
- Some states moving toward stricter requirements for bar admission (Maryland Access to Justice)
Four key data points, one pattern: pro bono rests on aspiration, not obligation, leaving participation rates to fluctuate with individual and firm priorities.
| Field | Value |
|---|---|
| Full Latin Term | Pro bono publico |
| Meaning | For the public good |
| Typical Use | Legal aid |
| Payment | None |
What is the meaning of pro bono?
Pro bono refers to professional work undertaken voluntarily and without payment, typically in legal contexts where clients cannot afford representation. The phrase comes from the Latin pro bono publico, meaning “for the public good.”
Understanding this distinction matters because it separates genuine public-interest service from reduced-fee or sliding-scale arrangements that still charge clients something. The term carries specific expectations in professional ethics rules that vary by jurisdiction.
Origin of the phrase
English law provides counsel for the poor on an as-needed basis dating to the 15th century (Martindale-Avvo). The formalized American approach emerged later, shaped by bar associations seeking ways to bridge the justice gap for low-income clients.
Pro bono publico explained
The full Latin term emphasizes that lawyers operate within a licensed monopoly on certain services. In exchange for that privilege, professional codes encourage them to give back through unpaid representation. According to Cornell LII Wex, pro bono work provides access to justice for low-income people and serves the public interest.
Over 80% of civil legal needs of low-income people are unmet, per the Legal Services Corporation estimate (UVA School of Law). That gap defines why pro bono exists—not as charity, but as structural compensation for professional privilege.
The implication: recognizing pro bono as a professional obligation rather than optional charity shapes how law schools, firms, and bar associations approach access-to-justice challenges.
Are you paid for pro bono?
No. Pro bono legal work means services rendered entirely without compensation. Attorneys receive no fees, no reimbursement for expenses, and no barter arrangement like “quid pro quo”—which is a different concept entirely meaning “something for something.”
This unpaid nature creates the fundamental tension that drives both participation and resistance to pro bono work across the legal profession.
How pro bono lawyers get compensated
They don’t. Unlike reduced-fee arrangements or sliding-scale billing, pro bono means zero payment. Some firms absorb costs internally, and malpractice insurance sometimes covers these cases—but the work itself is donated time.
Differences from paid work
One structural difference: billable hours generate revenue, while pro bono hours represent pure cost to a firm. This creates an inherent tension, especially for smaller practices where every billed hour matters to the bottom line.
Malpractice insurance often does not cover pro bono, deterring solo and small firm attorneys from participating (GRBF). The same lawyers most likely to serve underserved communities often face the greatest structural barriers.
What this means: the financial sacrifice required for pro bono service disproportionately falls on those least equipped to absorb it, potentially limiting who can participate in access-to-justice work.
Why would a lawyer do something pro bono?
Despite the opportunity cost, lawyers pursue pro bono work for multiple reasons—ethical duty, professional growth, and occasionally, pure passion for the work.
The motivations extend beyond altruism, with firm leaders and individual practitioners finding strategic value in pro bono programs that benefit their practices as much as their clients.
Benefits for law firms
Big Law firms have discovered that pro bono serves strategic interests beyond altruism. According to Thomson Reuters Legal Blog, benefits to lawyers include skill stretching, recruiting and retention advantages, career connections, and re-energizing their love of the law. Jenner & Block committed $250 million to pro bono over five years in 2021 (Maryland Access to Justice), demonstrating how top firms integrate pro bono into their value proposition for talent.
Personal and professional reasons
Pro bono reminds attorneys that law serves everyone regardless of financial circumstances (Thomson Reuters). It offers a break from academics, real-world problem-solving, and skill enhancement outside their specialty (UVA School of Law). As Justice Ruth Bader Ginsburg put it: “Lawyers have a license to practice law, a monopoly on certain services. But for that privilege and status, lawyers have an obligation to provide legal services to those without the wherewithal to pay.”
“Lawyers have a license to practice law, a monopoly on certain services. But for that privilege and status, lawyers have an obligation to provide legal services to those without the wherewithal to pay.”
— Ruth Bader Ginsburg, former U.S. Supreme Court Associate Justice (UVA School of Law)
The pattern: firms that treat pro bono as core to their culture attract talent seeking meaning beyond billable targets, creating a recruiting advantage that pays dividends in retention.
What are the disadvantages of pro bono?
Pro bono isn’t without costs. The same system that enables access to justice can impose real burdens on attorneys willing to serve.
The structural barriers to participation deserve scrutiny because they determine whether the justice gap narrows or widens over time.
Barriers for average attorneys
The top barriers to pro bono are lack of time, family commitments, lack of skills or experience, and malpractice insurance concerns (GRBF). One in five attorneys has never done pro bono service (GRBF), suggesting these barriers deter participation beyond occasional participation.
Time and resource challenges
Pro bono can disadvantage attorneys via the opportunity cost of billable hours (Thomson Reuters). For associates at firms where billable-hour targets exceed 2,000 annually, adding unpaid work creates genuine stress. Declining pro bono participation threatens access to justice amid funding cuts to legal aid organizations (Maryland Access to Justice). Short-term pro bono needs include no-fault divorces, wills, and eviction diversion programs.
The 2023 PBI report found that while total pro bono hours increased in 2022, per-attorney hours and participation rates both declined (Maryland Access to Justice). More hours concentration among fewer attorneys may actually widen the justice gap rather than close it.
The catch: aggregate statistics can mask growing inequality within the profession, where a dedicated minority carries increasingly heavy workloads while the majority opts out entirely.
How many hours of pro bono are expected?
Expectations vary dramatically by jurisdiction, firm size, and professional standing.
The gap between aspirational standards and actual practice reveals how much depends on individual initiative rather than enforceable requirements.
Reporting requirements
Most states have ethical rules encouraging minimum pro bono hours, but as of 2022, no state mandates them for maintaining good standing (Martindale-Avvo). Pro bono is not mandated by the ABA but is strongly encouraged under Model Rule 6.1 (Thomson Reuters), which states lawyers should aspire to at least 50 hours per year.
Typical commitments
The ABA amended Rule 6.1 in 1993 to increase suggested hours from 40 to 50 (Martindale-Avvo). New York requires 50 hours for bar admission applicants from 2015 onward (Wikipedia). South Korea mandates 30 hours annually, reducible to 20 by bar associations (Wikipedia). Maryland aspires to 50 pro bono hours per attorney annually (Maryland Access to Justice).
Jenner & Block reported that 97% of its attorneys completed more than 50 pro bono hours in 2024, totaling 90,993 hours (Maryland Access to Justice). That elite performance—nearly double the ABA recommendation—demonstrates what institutional commitment can achieve, though it remains an outlier rather than the norm.
What this means: the gap between what elite firms achieve and what most attorneys accomplish highlights how much pro bono participation depends on firm culture and leadership priority.
Upsides
- Provides access to justice for low-income individuals who would otherwise go unrepresented
- Builds practical skills outside an attorney’s regular practice area (Georgetown Law)
- Serves as a recruiting and retention tool for top legal talent
- Re-energizes attorneys’ professional purpose and love of the law
- Creates career connections and expands professional networks
- Levels the playing field for underserved litigants in court (Maryland Access to Justice)
Downsides
- Opportunity cost of billable hours affects firm revenue and individual compensation
- Malpractice insurance gaps discourage solo and small firm participation (GRBF)
- Time and family commitments create real barriers for many attorneys
- Participation rates declining despite aggregate hour increases
- Skills and experience gaps make some attorneys hesitant to volunteer
- Funding cuts to legal aid organizations compound the problem (Maryland Access to Justice)
“Every lawyer, regardless of professional prominence or professional workload, has a responsibility to provide legal services to those unable to pay.”
— ABA Model Rule 6.1, Comment 1 (UVA School of Law)
“Most pro bono cases are about passion for the attorney… The work comes from the heart, and often an attorney just might work as hard or harder in these cases than in others where he or she is making billable hours.”
— Aaron Wade, TrialLawyerMoney.org contributor (Thomson Reuters)
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Frequently asked questions
What does pro bono mean in law?
Pro bono means legal services provided voluntarily without monetary compensation, derived from the Latin phrase “pro bono publico” meaning “for the public good.” It typically refers to free representation for clients who cannot afford legal fees.
Is pro bono required?
No. The ABA Model Rule 6.1 encourages lawyers to aspire to at least 50 hours of pro bono per year, but it’s not mandatory. New York requires 50 hours for bar admission applicants from 2015 onward, but no U.S. state mandates pro bono hours for maintaining good standing.
Who can receive pro bono services?
Pro bono services typically target low-income individuals who cannot afford legal representation. The Legal Services Corporation estimates that over 80% of civil legal needs of low-income people go unmet, creating substantial demand for pro bono assistance.
What is pro bono publico?
Pro bono publico is the full Latin phrase meaning “for the public good.” It’s the origin of the shortened term “pro bono” and reflects the underlying rationale that professional privileges come with social obligations.
How does pro bono differ from volunteer work?
Pro bono specifically refers to professional services donated by licensed professionals—primarily lawyers—where the expertise itself is the contribution. General volunteer work may involve any task, while pro bono requires professional skill.
What are examples of pro bono cases?
Short-term pro bono needs include no-fault divorces, wills, and eviction diversion programs. Many firms also handle asylum cases, civil rights matters, and community development work on a pro bono basis.
Does pro bono apply outside law?
While pro bono originates in legal contexts, the concept has expanded to other professions. Medical professionals, accountants, and architects sometimes donate services using similar terminology, though standards and expectations vary widely outside law.
Priya Mitchell leads fact-checking, source verification and corrections at Oz Monitorly.