Rule 20 - PRO BONO PUBLICUS ATTORNEY(a) Purpose. The purpose of this rule is to encourage attorneys who do not engage in the active practice of law to provide legal representation to members of our community who cannot afford private legal services.(b) Waiver of active fees, dues and charges. Active fees, dues and charges required by Rule 17(d)(3) of the Rules of the Supreme Court of Hawai'i are waived for any member acting exclusively as a pro bono publicus attorney under this rule. The pro bono publicus attorney is obligated to pay inactive fees, dues, and charges required by Rule 17(d)(8) of the Rules of the Supreme Court of Hawai'i. Active fees paid before becoming a pro bono publicus attorney shall not be refunded.(c) Definitions. (1) A "pro bono publicus attorney" is an inactive member of the Hawai'i State Bar who is not otherwise engaged in the practice of law and (i) provides free civil legal services under the supervision of a qualified legal services provider as defined in this rule; (ii) is a member in good standing of the Hawai'i State Bar and has no record of discipline for professional misconduct imposed at any time within the past fifteen years and who did not resign or retire from the practice of law with disciplinary charges pending or in lieu of discipline; and (iii) neither asks for nor receives personal compensation of any kind for the legal services rendered hereunder.(2) A "qualified legal services provider" for the purposes of this rule is a not-for-profit legal services organization that receives or is eligible to receive funds from the Indigent Legal Assistance Fund and has an actively licensed Hawai'i attorney who supervises pro bono publicus attorneys.(d) Limitations. (1) Except for the acts and services performed in association with a qualified legal services provider, a pro bono publicus attorney shall not otherwise engage in the practice of law.(2) The pro bono publicus attorney shall not be paid by the qualified legal services provider, but the qualified legal services provider may reimburse the pro bono publicus attorney for actual expenses incurred while rendering services. The qualified legal services provider shall be entitled to receive any court-awarded attorney's fees for representation rendered by the pro bono publicus attorney. Collection of any money from the client, including but not limited to reimbursements for expenses incurred, shall be handled exclusively by and through the qualified legal services agency.(e) Duties of qualified legal services provider. A qualified legal services provider who engages the services of a pro bono publicus attorney shall file a sworn statement with the Hawai'i State Bar that: (1) Provides the name of the pro bono publicus attorney; and (2) States that the pro bono publicus attorney will not be paid compensation, that the pro bono publicus attorney will be covered by the provider's malpractice insurance, agrees to notify the Hawai'i State Bar, within ten days, when association with the pro bono publicus attorney has ceased, states that the pro bono publicus attorney has read and is familiar with the Hawai'i Rules of Professional Conduct, and states that the qualified legal services provider has verified that the pro bono publicus attorney has not been disciplined within the last fifteen (15) years in any jurisdiction.Added June 27, 2002, effective 7/1/2002; amended October 16, 2007, effective 12/1/2007