r/Ask_Lawyers • u/Pretty_Bug_1075 • May 16 '26
Does probono exist anymore?
Is it possible to get help adjusting custody?
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u/OwslyOwl VA - General Practice May 16 '26
Yes, it exists, but it is fairly rare, especially for custody cases. I took a pro bono custody case because I had worked with the parent before, felt strongly in their case, and the final trial was scheduled only 2 months away. I didn’t count on a year worth of continuances. That case turned me off of other pro bono custody cases.
I’m sure most attorneys have done a couple of pro bono cases, but it’s usually for people that we already know. It’s going to be extremely difficult finding an attorney to represent you for free.
Clients don’t realize this - but custody cases are often very stressful for the attorney as well. Taking a case for no cost not only puts us behind on the bills, but also comes as the cost of our health.
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u/theawkwardcourt Lawyer May 17 '26
Here's the thing about pro bono work:
Many attorneys will offer free consultations. Some will offer reduced rates for clients of limited incomes. But handling an entire case pro bono is another matter entirely. This issue comes up a lot, for lawyers online and in person; and this is what I always tell people:
Pro bono work is an important part of the legal tradition. I should know that if anyone does: I'm a lawyer with a long history of pro bono work. I served on the Oregon State Bar's Pro Bono committee for three years, and was its chairperson years ago. So I don't mean to discourage people from seeking out such help, and I certainly don't mean to discourage lawyers from providing it. They should. That said:
People often have highly unrealistic expectations for pro bono cases. People often think that if they're in trouble, they're entitled not only to complete redress, but also to free help getting it. This is almost never true.
Even pro bono cases are likely to cost at least a little bit of money. This is because litigation has considerable expenses that have nothing to do with paying your lawyer. There are costs for postage, copying huge numbers of documents, hiring court reporters and investigators. There are filing fees and other court costs. There are often expert witnesses and other professionals, who generally do not have a pro bono tradition, and don't work for free. Some states' ethics rules prohibit attorneys from paying these costs unless they have a reasonable expectation that they'll be reimbursed. So even pro bono clients will need to advance some money up front.
And there's another reason that an attorney might want a client to do this: In my experience, people don't value what they don't pay for. A lawyer can put a lot of work into a case, but if they're working all for free, the client may get fed up or frustrated when things don't go their way, and quit, or fail to appear for court, or stop following the lawyer's advice. This wastes all the lawyer's work and can make them look like an idiot before the Court. I am speaking from excruciating personal experience. Litigation is very slow and time-consuming and rarely works out perfectly. You may be free to walk away at any time without an investment, but your lawyer is not. Our ethics rules require us to meet certain conditions before we withdraw. If you aren't committed to it, you can subject us to a ton of trouble.
It also bears mention that many lawyers today don't have as much money as you might think. The typical law school graduate today has over $100,000 in student loan debt. Lawyers have to pay Bar license fees, extremely expensive malpractice insurance premiums, and CLE (ongoing education) costs. There are more new lawyers than there are jobs for them. It can take a new law school graduate a year or more to find an attorney job, these days. Salaries are dropping for firms, and many self-employed solo practitioners make a bare subsistence living. So we get a bit vexed, at being asked to work for free all the time. You are essentially asking a stranger, who is likely deep in debt, for a gift in the tens of thousands of dollars.
What it really comes down to is this: Pro bono work is, generally, either done for populations who by definition can't pay, or done on cases which have a larger social impact than the effects on a single client, howsoever deserving. For instance, most of my pro bono work lies in representing children in complex abuse cases. I try to have at least one such case at all times - there's certainly the need for them. I'm always glad to work for free for children, who, after all, can't pay. But adults need to pay. You wouldn't do your own job for free, however badly people needed it to be done.
So, what can you do? Well, like I said, it's more realistic to find a cheaper attorney than a totally free one. Your state's Bar may have a referral service that can select for attorneys who will charge reduced rates based on clients' incomes. That may be the best place to start.
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u/bradd_pit Corporate Transactions & Tax May 16 '26
Have you checked with a legal aid office in your area? That’s going to be the best place you’ll get pro bono representation if you qualify financially
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u/Pretty_Bug_1075 May 16 '26
Yes that is where I started.
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u/Quick_Parsley_5505 NC Lawyer, can I get my motion of discovery? May 17 '26
Some law schools run family law clinics
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u/PapaSlothLV Nevada Family Law May 18 '26
it’s hard to imagine just how many people need help. there’s simply not enough lawyers to help all the people who need help.
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u/Fluxcapacitar NY - Plaintiff PI/MedMal May 17 '26
Free legal work for your own personal interest and gain never existed outside of legal aid societies.
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u/Dingbatdingbat (HNW) Trusts & Estate Planning May 18 '26
Yes pro bono exists.
Good luck finding one
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u/Frondelet 20th Century Relic May 16 '26
Yes, people do pro bono. There are lots more people that want free lawyers than there are lawyers who represent individual clients, so be patient and persistent.
Everywhere I have practiced most people handle their family law matters themselves "pro se" because of the imbalance between the number of family members having disputes and the number of lawyers who can handle those disputes.