UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Plan for Pro Bono Representation by Appointment in Civil Cases
I. Overview
Recognizing there are exceptional civil cases that warrant the appointment of
counsel for pro se litigants with limited financial resources, the Court establishes
this plan governing those appointments. The Court encourages all members
admitted to practice in the Middle District to accept pro bono appointment in
civil cases.
II. Appointment of Counsel
Role of Bar Organizations. To assist the Court with implementing this
plan, the voluntary federal bar organizations in each division are
encouraged to: (1) maintain a list of members of the bar of the Court
willing to accept appointments; or (2) establish a process for publishing
appointment opportunities to their membership.
Procedure. If a judge finds that the appointment of pro bono counsel in
a civil case is warranted, the judge may: (1) request that the Clerk of
Court publish the pro bono opportunity on the Court’s website; and (2)
request that the Clerk of Court contact the voluntary federal bar
organization in any division to request that the organization identify an
attorney willing to accept the appointment or publish the appointment
opportunity to its membership. If an attorney accepts the appointment,
the judge will enter an order of appointment with reference to this plan.
An order appointing counsel must direct appointed counsel to submit a
proposed expense budget to the Clerk of Court no later than sixty days
from the date of the order if counsel anticipates seeking reimbursement
of expenses incurred in the representation. The Court will review the
proposed expense budget in accordance with Section III of this plan.
Scope. A judge may appoint an attorney generally or for a limited
purpose (for example, to represent a litigant during a settlement
conference or trial, to file a response to a dispositive motion, or to appear
at a deposition). An appointment is limited to the case for which
appointment is made and the issues before the Court in that case. An
appointment does not extend to a proceeding related or collateral to the
case or that may ensue upon an order of dismissal or remand to state
court.
Duration. Unless the Court grants a motion to withdraw, appointed
counsel must represent the party until final judgment, final resolution on
a designated issue, or conclusion of a designated proceeding.
Withdrawal. An attorney who wants relief from an appointment must
move to withdraw under Local Rule 2.02(c).
Appeal. Appointed counsel may, but is not required to, represent the
client in any appeal. If appointed counsel decides not to represent the
client on appeal, he or she must notify the client of the requirements of
filing a notice of appeal or cross-appeal in time for such a notice to be
filed.
Settlement. Appointed counsel may not reject a settlement offer because
the offer does not include attorney’s fees if the pro bono client is willing
to accept the offer to resolve the case.
III. Reimbursement and Budgeting of Expenses
Availability. While appointed counsel is encouraged to pay any
expenses he or she wishes, counsel may seek reimbursement for certain
litigation expenses under this plan. As outlined below, the
reimbursement process is accomplished in two phases. First, counsel
submits a Proposed Expense Budget form, which the Court must approve
before expenses are incurred. Second, at the conclusion of the case,
counsel submits a Petition for Reimbursement of Civil Pro Bono
Expenses form, which the Court also must approve before any
reimbursement.
Other Sources. Appointed counsel should first pursue any expenses
recoverable under the United States Code, the Federal Rules of Civil
Procedure, any contractual provision, or the like, before requesting
reimbursement under this plan.
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Standard. The Court will reimburse expenses for the preparation and
presentation of the case to the extent they are reasonable, necessary, and
otherwise recoverable under this plan. The Court will determine the
reasonableness and necessity of expenses on a case-by-case basis.
Limit. Total reimbursements in any case will not exceed $30,000 absent
demonstrated exceptional circumstances.
Reimbursable Expenses. The Court may reimburse the following
expenses:
Fees for the attendance of court reporters.
Subpoena fees.
Witness fees.
Expenses for hearing or deposition transcripts.
Expenses for an investigator up to $100 an hour.
Expenses for an expert.
Expenses for travel (limited to lodging expenses and transportation
expenses with mileage at the rate for official government travel in
effect during the travel).
Expenses for an interpreter.
Expenses for copying and printing unless electronic submission of
documents would have sufficed.
Expenses for delivery service unless electronic submission of
documents would have sufficed.
Mediation fees.
Non-Reimbursable Expenses. The Court will not reimburse for the
following expenses:
Expenses for office overhead, including long-distance telephone
calls, facsimile transmissions, and secretarial expenses.
Computer-assisted research.
Expenses not ordinarily billed to a fee-paying client.
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Expenses recovered through settlement.
Expenses not properly documented.
Expenses recovered after an award under the United States Code,
the Federal Rules of Civil Procedure, any contractual provision, or
the like.
Expenses awarded against appointed counsel or the party
represented by appointed counsel.
Any filing fee, service-of-process fee, or other expense paid by the
represented party before appointment of pro bono counsel.
Any expense associated with an appeal to the United States Court
of Appeals for the Eleventh Circuit.
Attorney’s fees.
Any expense that was not included in an approved proposed
expense budget.
For any single expense, any amount greater than what was
approved in a proposed expense budget.
Budgeting.
Requirement. Appointed counsel who anticipates seeking
reimbursement of expenses under this plan must submit a
completed Proposed Expense Budget form to the Clerk’s Office
following the instructions provided on the Court’s website no later
than sixty days after the date of the order of appointment. A
proposed expense budget will not be made part of the docket or
otherwise shared with opposing counsel.
Content. A proposed expense budget must be commensurate with
the full scope of the appointment and itemize all reimbursable
expenses appointed counsel reasonably anticipates will be incurred
in connection with the appointment. Appointed counsel must
make every effort to ensure that the amount estimated for any
itemized expense in the budget is reasonable, realistic, and
adequate. The Court will not reimburse any expense that was not
included in the proposed expense budget and approved under this
plan. Additionally, the Court will only reimburse any single
expense up to the amount reflected in the proposed expense budget
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approved under this plan, even if the actual incurred cost for that
expense is greater than the budgeted amount.
Amendment. Appointed counsel may submit an amended
proposed expense budget at any time during the appointment if
the circumstances of the case necessitate incurring additional
reasonable expenses that were not anticipated or expenses in
higher amounts than were anticipated at the time an earlier
proposed expense budget was approved. An amended proposed
expense budget must be approved under this plan before the Court
will reimburse any new or greater expenses that were not
previously approved.
Effect of Approval. When a proposed expense budget is approved
under this plan, reimbursement for any itemized expense included
in the approved budget will not subsequently be denied up to the
approved budgeted amount so long as appointed counsel has
actually paid the expense.
Approval Authority. Approval of a proposed expense budget and a
petition for reimbursement may be obtained as follows:
A presiding judge must approve a proposed expense budget and a
petition for reimbursement for total expenses up to $20,000.
A presiding judge and the Bench Bar Fund Committee must
approve a proposed expense budget and a petition for
reimbursement for total expenses that exceed $20,000.
Reconsideration. If a proposed expense budget or a petition for
reimbursement is denied, appointed counsel may, within thirty days of
the denial: (1) request reconsideration from the same level of review or,
if there is one, from the next highest level of review; or (2) request
reconsideration from the Board of Judges.
Routing. The Clerk of Court will route a proposed expense budget and a
request for reimbursement to obtain approvals or, if requested,
reconsideration in the following order: first to the presiding judge; then,
if necessary, to the Bench Bar Fund Committee; then, if necessary, to the
Board of Judges.
Consideration. At each level of review, the request will be considered as
expeditiously as possible.
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Petition Form. Appointed counsel may request reimbursement of
expenses by submitting a completed Petition for Reimbursement of Civil
Pro Bono Expenses form following the instructions provided on the
Court’s website.
A petition will not be made part of the docket or otherwise shared
with opposing counsel.
Appointed counsel must submit supporting documentation with a
petition.
A petition ordinarily must include all reimbursement requests in a
single submission.
Appointed counsel may not request reimbursement for an expense
that was not included in an approved proposed expense budget.
Appointed counsel may not request reimbursement for any
itemized expense in an amount greater than the amount included
in an approved proposed expense budget for that expense.
Appointed counsel must first pay any expense before seeking
reimbursement from the Court and may not submit unpaid
invoices to the Court for direct payment to any provider. The Court
will not issue payment directly to a provider.
Timing. Appointed counsel may not request reimbursement before the
case is closed or the representation has otherwise ended and must request
reimbursement no later than forty-five days after the earlier of either.
Upon demonstrated exceptional circumstances, however, appointed
counsel may request interim reimbursement for incurred expenses
exceeding $10,000 before the case is closed or the representation has
ended.
Apportionment. If appointed counsel has withdrawn or been dismissed
before the end of the case, the Court may withhold reimbursement of
expenses until the end of the case to properly apportion expenses between
counsel.
Later Recovery. If the Court reimburses any expense later recovered, the
attorney must return the amount to the Court.
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