Article XIII - NEW OPPORTUNITIES VOLUNTEER ATTORNEY PRO BONO PROGRAM

As amended through June 28, 2024

Section 1.Definitions

A. "Program" is the New Opportunities Volunteer Attorney Pro Bono Program established by this article.

B. A "New Opportunities Volunteer Attorney" or "NOVA" is a person of any age who:

1. is an inactive or emeritus member of the State Bar or is licensed to practice law in another U.S. jurisdiction, even if inactive or retired; and

2. meets the following conditions:

* is in good standing with the State Bar or the entity that governs the practice of law in the jurisdiction where the attorney is licensed;

* is in good standing with all courts and jurisdictions in which the attorney is admitted to practice;

* agrees to abide by the Texas Disciplinary Rules of Professional Conduct and to submit to the disciplinary jurisdiction of the Supreme Court of Texas and the State Bar;

* provides legal services under the supervision of an approved legal service organization;

* is not compensated for legal services rendered under the Program; and

* complies with the policies and procedures of the Program.

C. An "approved legal assistance organization" must:

1. provide free legal services;

2. maintain malpractice insurance for its NOVAs; and

3. be either:

a. a nonprofit that:

* is funded in part by the Texas Access to Justice Foundation;

* is funded in part by the Legal Services Corporation;

* is a current participant in the State Bar of Texas Malpractice Insurance Network Exchange; or

* provides at least 50% of its legal services at no cost to Texans living at or below 200% of the federal poverty guidelines published annually by the U.S. Department of Health and Human Services;

b. a clinic or pro bono program of a Texas law school; or

c. a pro bono project or program of the State Bar or of a local or specialty bar association within Texas.

Section 2.Scope of Authority

A NOVA may engage in any activity necessary to resolve a legal matter for a client, including giving legal advice, preparing pleadings or other documents, and appearing before a court or tribunal. A NOVA need not be admitted pro hac vice to appear before a court while providing legal services under the Program. A NOVA may not represent himself or herself to be an active member of the State Bar.

Section 3.Compensation and Fees

A. A NOVA may not receive compensation for providing legal services under the Program, but an approved legal serviced organization may reimburse a NOVA for actual expenses incurred by the attorney.

B. A NOVA is exempt from paying the legal services fee mandated by Section 81.054(j), Government Code.

C. An approved legal service organization may charge the client for services provided by a NOVA and collect attorneys' or other fees awarded by a court or tribunal or as a part of a settlement.

Section 4.Administration

The State Bar may develop policies and procedures for the Program and is responsible for its administration.

Section 5.Discipline

A NOVA may be sanctioned or disciplined by a court or the State Bar in the same manner as an active member of the State Bar.

Section 6.MCLE Requirement

A NOVA must complete at least three hours of CLE annually.

Section 7.Authority of Approved Legal Service Organizations

An approved legal service organization is not required to:

A. accept any particular NOVA;

B. refer any case, a particular type of case, or a particular number of cases to any NOVA; or

C. take any action inconsistent with the rules, laws, regulations, policies, or procedures governing the organization's pro bono programs.