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2 UNITED STATES DISTRICT COURT
3 DISTRICT OF NEVADA
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IN THE MATTER OF: General Order 2014-01
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PRO BONO PILOT PROGRAM
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8 WHEREAS, attorneys admitted to practice in this District have a strong tradition of providing
pro bono representation to indigent litigants in civil cases in the Courts of the State of Nevada;
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WHEREAS, the Federal Bar Association, William S. Boyd School of Law, Washoe Legal
10 Services, and Legal Aid Center of Southern Nevada are willing to support and coordinate providing
qualified volunteer lawyers to represent indigent pro se litigants in this District;
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WHEREAS, volunteer lawyers provide an extremely valuable service, which enhances our legal
12 system;
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WHEREAS, volunteer lawyers who provide their time and resources to preserve access to justice
14 for those unable to afford a lawyer greatly assist this Court in the performance of its mission;
15 WHEREAS, the Judges of this District have authorized the implementation of the attached Pilot
Program for the Representation of Pro Se Litigants;
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IT IS HEREBY ORDERED that:
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1. The Pilot Program for the Representation of Pro Se Litigants in the United States District
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Court for the District of Nevada, attached hereto, will commence on October 1, 2014.
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2. The Court’s Pro Bono Committee is directed to maintain statistics measuring program activity
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and submit annual reports to the Judges of this District.
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3. Mark Woolf is designated as the Court’s initial Pro Bono Liaison.
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Dated this 30th day of September, 2014.
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Gloria M. Navarro, Chief Judge
25 United States District Judge
1 PILOT PROGRAM FOR THE REPRESENTATION OF
PRO SE LITIGANTS IN THE UNITED STATES
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DISTRICT COURT FOR THE DISTRICT OF NEVADA
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The United States District Court for the District of Nevada (“Court”) adopts the following Pro
4 Bono Pilot Program (“Program”) for furnishing representation to pro se litigants in matters where the
Court exercises its discretion to provide such representation. See 42 U.S.C. § 2000e, et seq. and 28
5 U.S.C. § 1915. This Program shall govern the appointment of attorneys to represent pro se litigants.
For each civil action commenced by such a litigant, any District Judge or Magistrate Judge to whom the
6 action is assigned may issue an order of appointment and other orders relating to representation by the
appointed attorney in accordance with this Program. The Court, through a Pro Bono Committee and
7 designated Pro Bono Liaison, will work in conjunction with the Legal Aid Center of Southern Nevada,
Washoe Legal Services, and the Federal Bar Association of the District of Nevada to administer the
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Program. The designated Pro Bono Liaison (“Liaison”) for the District of Nevada is:
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Mark E. Woolf
10 Pro Bono Liaison
333 Las Vegas Boulevard South, Suite 3014
11 Las Vegas, Nevada 89101
702.464.5584
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Volunteer lawyers provide an extremely valuable service, which enhances our legal system. Pro
13 bono representation can be a rewarding and enlightening experience. The Court is grateful to the
volunteer lawyers who provide their time and resources to preserve access to justice for those unable to
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afford an attorney.
15 SECTION 1. APPOINTMENT
16 (a) Referral to the Program.
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(1) Timing. At any time during the course of litigation, an assigned Judge may refer the
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case to the Program for the appointment of pro bono counsel. Referral to the Program is not an
19 endorsement of the merits of the case. Whether to refer a case for appointment is discretionary
and generally based on a number of factors, including but not limited to:
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21 (A) the inability of the pro se party to retain counsel by other means;
22 (B) the potential merit of the claims as set forth in the pleadings;
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(C) the nature and complexity of the action, both factual and legal, including the
1 need for factual investigation, the need for expert/s, and the overall needs of
discovery;
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(D) the presence of conflicting testimony calling for a lawyer's presentation of
evidence and cross-examination;
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(E) whether the pro se party has another case pending before the Court and, if so,
5 whether counsel has been appointed in such case;
6 (F) the capability of the pro se party to present the case;
7 (G) the degree to which the interests of justice will be served by appointment of
counsel, including the benefit the Court may derive from the assistance of
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appointed counsel;
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(H) whether reasonable costs and attorney's fees may be recoverable by the
10 prevailing party in the action;
11 (I) the degree to which it appears an early ADR procedure, such as a settlement
conference or early neutral evaluation under Local Rule 16, may bring about an
12 early, inexpensive and consensual resolution of the litigation by:
13 (i) facilitating or improving communications between the parties;
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(ii) providing the parties an opportunity to be heard regarding their
respective grievances, positions, concerns, goals and interests;
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16 (iii) promoting the parties' understanding of the strengths and weaknesses
of their respective cases;
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(iv) limiting, narrowing or simplifying the issues in dispute;
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(v) restoring or preserving personal or business relations;
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(vi) otherwise creating an atmosphere conducive to settlement;
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(vii) achieving settlement on terms not available through litigation; or
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22 (viii) achieving settlement of some or all issues as between some or all
parties; and
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(J) any other factors deemed appropriate by the referring Judge.
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(2) Scope of Appointment. Cases may be referred to the Program for either general
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purpose or limited purpose representation. Limited purpose representation will normally, though
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not necessarily, correlate to representation for purposes of participating in an Alternative Dispute
Resolution proceeding under Local Rule 16, including early mediation conferences in Section
4 1983 prisoner litigation.
5 (b) Appointment. Upon referral by a Judge to the Program, the case will be sent to the Pro
Bono Liaison. The Liaison will gather pertinent materials, including copies of all necessary filings in
6 the case, and forward them to Legal Aid Center of Nevada or Washoe Legal Services who, in turn, will
screen the litigant for financial eligibility and will locate counsel willing to take on the pro bono
7 representation.
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(c) Appointment Response Form. Within thirty (30) days after pro bono counsel accepts an
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appointment, counsel shall complete and return to the Liaison the Pro Bono Response Form, indicating:
“Representation of [pro se litigant's name] for [type of appointment (i.e. "the limited purpose of" or "All
10 Purposes")] is accepted.” Pro bono counsel shall also indicate that he/she has conferred with the litigant
and that the litigant agrees to the representation. Should a pro se litigant determine not to accept
11 representation by pro bono counsel, the Response Form shall so indicate. The decision by a pro se
litigant not to participate in the Program may preclude further participation in the Program on the
12 specific case for which representation was refused. It does not preclude the possibility of future
participation in the Program in a different case.
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(d) Order of Appointment. Upon receipt of the Appointment Response Form, the Liaison will
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forward the form along with a proposed order appointing pro bono counsel to the referring Judge.
Absent unusual circumstances, pro bono counsel is expected to remain as counsel for the duration of the
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purpose of the appointment. Docketing of the order appointing pro bono counsel shall result in the
16 setting of a public PROBONO case flag. Appointment under this Program does not extend to the
appeal, if any, of a final decision, which shall be the responsibility of the client.
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(e) Notice of Completion of Pro Bono Appointment. The Notice of Completion Form is
18 critical to the Program’s success, the accuracy of case records, and the quality of service to pro se
litigants. The Form shall be submitted within fourteen (14) days after completion of legal services
19 rendered by pro bono counsel to the Liaison.
(f) Record of Attorney Appointments. The Liaison, in conjunction with Legal Aid Center of
20 Southern Nevada and Washoe Legal Services, will maintain a record of appointments and provide an
annual written report to the Pro Bono Committee and Chief District Judge.
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22 (g) Waiver of CM/ECF Fees. Attorneys who have taken on the pro bono representation shall
not be charged fees for use of the Court’s electronic filing system (PACER) in the case on which they
23 are serving as pro bono counsel.
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1 (h) Liability Insurance. Participating attorneys will be eligible for professional errors and
omissions insurance coverage provided by Legal Aid Center of Southern Nevada or Washoe Legal
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Services, to the extent such coverage is available.
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(i) Business Entities Not Eligible. Business entities are not eligible for participation in the
4 Program.
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SECTION 2. EXPENSES
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(a) Reimbursement of Reasonable Expenses. Pro bono counsel must seek reimbursement
7 from the pro se litigant for the costs incurred in litigating the action to the extent feasible. Pro bono
counsel may also apply for reimbursement of reasonable expenses from the Attorney Admissions Fund
8 or other Non-Appropriated Funds account ("Court Fund") as specified in this Section. Reimbursement
from the Court fund is based on availability and, if necessary, reimbursement requests will be reconciled
9 on a pro rata basis, as determined by the Pro Bono Committee Chairperson/s, with other reimbursement
requests made under the Program. All requests for reimbursement shall be submitted through the
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Liaison and must be approved by an assigned Judge. If reimbursement is not available from the pro se
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litigant or the Court Fund, the appointed attorney may be required to bear the costs of the litigation.
12 (b) Reimbursement from Court Fund. To the extent the pro se litigant is unable to bear all or
part of the costs of litigation; pro bono counsel may be reimbursed from the Court Fund as follows:
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14 (1) Pretrial Expenses. Except upon a showing of exceptional circumstances, requests for
prepayments or reimbursement of pretrial expenses are limited to $1,500. Pretrial expenses are
15 those expenses and costs incurred through the dispositive motion deadline set in the scheduling
order.
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(2) Trial Related Expenses. Except upon a showing of exceptional circumstances,
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requests for prepayments or reimbursement of trial related expenses are limited to $1,000. Trial
related expenses are those costs incurred after the dispositive motion deadline through the end of
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trial.
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20 (c) Reimbursement of the Court Fund. To the extent the pro se litigant obtains a monetary
award through settlement, final judgment, or an award of taxable costs or attorney fees; the litigant shall
21 reimburse the Court Fund as follows:
22 (1) Reimbursement Limits in case of Settlement or Judgment. If a party settles or
obtains a judgment in excess of the reimbursement from the Court Fund, full reimbursement to
23 the Court Fund is required. If a party settles or obtains judgment in an amount that is less than
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the approved reimbursement, the Court Fund shall be reimbursed at a rate of 50 cents on the
1 dollar in an amount not to exceed fifty percent (50%) of the total settlement or judgment.
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(2) Amounts to be Reimbursed from Cost Award. Where a party prevails and an award
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of taxable costs or attorney fees is made to an appointed attorney, the Court Fund shall be
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reimbursed in full.
5 SECTION 3. COMPENSATION FOR SERVICES
6 (a) Upon appropriate application, the Judge may award attorney fees against an opposing party
for services rendered in the action as authorized under applicable statutes, regulations, rules, or other
7 provisions of law, and as the Judge deems just and proper considering the applicable legal standards.
8 (b) If, after appointment, the appointed attorney discovers the party, due to changed
circumstances, is no longer financially eligible as originally determined pursuant to Section 1(b), the
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attorney shall bring this information to the attention of the assigned Judge, who may thereupon (i)
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approve a fee arrangement, including a contingency fee arrangement, between the party and the
appointed attorney, or (ii) relieve the attorney from the responsibilities of the order of appointment and
11 permit the party to retain an attorney or proceed pro se.
12 (c) Nothing in these rules shall preclude or limit appointed counsel and the pro se litigant from
entering into a contingency fee agreement, subject to any legal and ethical obligations, at the outset of
13 the appointment. Except as provided in subsection (b) of this section, any such agreement shall be made
within the time frame for submitting the Appointment Response Form, which shall indicate that a
14 contingency fee agreement is in place. In the case of a contingency agreement or other arrangement
made under this subsection or subsection (b), appointed pro bono counsel is not eligible for prepayment
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or reimbursement of costs or expenses from the Court Fund.
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