Article XIII - NEW OPPORTUNITIES VOLUNTEER ATTORNEY PRO BONO PROGRAM

As amended through August 27, 2024
Article XIII - NEW OPPORTUNITIES VOLUNTEER ATTORNEY PRO BONO PROGRAM
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.