2024 NLADA Annual Conference

Public defenders, Legal Aid lawyers and pro bono attorneys have long faced the reality of trying to help clients with a legal problem while the client also struggles to secure housing, food, clothing, transportation, medical care and other necessities. Advocates are acutely aware that these life challenges often create barriers to effective legal representation. Nonetheless, Rule of Professional Conduct 1.8(e) in most jurisdictions prohibits attorneys from providing financial assistance to clients in connection with pending or contemplated litigation. In 2020, the ABA adopted a new model rule 1.8(e), also known as “the humanitarian exception,” allowing public interest lawyers to provide such assistance in certain circumstances and a few states have followed suit. This session will discuss Rule 1.8(e), its application in the context of legal aid and public defender work, and the benefits and challenges related to implementing the humanitarian exception.