Emeritus Attorney Status: How retired attorneys can continue to provide pro bono legal services

By Sara Planthaber, Esquire

Attorneys acquire a unique collection of knowledge and experience over their years of practice. When attorneys decide to retire from active practice, those years of experience can now be used to serve those who otherwise cannot afford counsel.

In an effort to support pro bono work and to bridge the gap in accessing justice for those experiencing poverty, the Supreme Court of Pennsylvania adopted Pennsylvania Rule of Disciplinary Enforcement 403 in 2018, creating “emeritus” attorney status. Rule 403 allows attorneys who are on retired status to continue to practice law by volunteering with a legal aid organization without the cost of maintaining an active status.

As of March 2023, Pennsylvania has 36 emeritus attorneys enrolled in the program, according to Dana Belella, Assistant Director of the Disciplinary Board of the Supreme Court of PA.

To qualify for emeritus status, the attorney must be on retired status and have completed at least six hours of continuing legal education the year prior to applying for emeritus status. When completing the application, a qualifying legal aid organization (including Legal Aid of Southeastern PA) submits a form in support of hosting the attorney. The only fee to maintain emeritus status is the application fee of $35. LASP staff can assist attorneys’ access to continuing legal education to satisfy the requirement and with completing the application. Emeritus attorneys do not need malpractice insurance; they are covered under the legal aid organization’s professional liability insurance.

Staff at legal aid organizations struggle to meet the growing demand of people in our community who cannot afford legal services. Attorneys with emeritus status can assist by providing essential civil legal services to victims of domestic violence, families facing eviction, seniors, and many other vulnerable people. Whether retired attorneys want to continue with their same practice area or use their foundation to try something new, they can leverage their years of knowledge and experience into giving back to their community by providing this much needed service.

To read more about Emeritus Status, visit padisciplinaryboard.org/for-attorneys/resources and scroll to EMERITUS ATTORNEYS, or visit lasp.org/pro-bono.

If you are interested in volunteering with Legal Aid of Southeastern PA and applying for Emeritus status, please contact Brian Doyle, LASP Staff Attorney and Chester County Pro Bono Coordinator, at bdoyle@lasp.org or 610-436-4510.