By Judge Catherine Peek McEwen
The Florida Bar’s Pro Bono Legal Services Committee is mounting a campaign called “The Year of the Emeritus Attorney” to grow the ranks of Emeritus lawyers who can provide free legal services to low-income clients in Florida. The Emeritus Lawyers Pro Bono Participation Program was created to expand access to justice by leveraging the experience of inactive or retired lawyers who were once barred in Florida. The program is also open to professors and in-house counsel in Florida who are not barred in Florida.
The program operates under Chapter 12 of the Rules Regulating The Florida Bar (RRTFB), which can be found at this link. Chapter 12 prescribes special rules that authorize pro bono service by lawyers who would not otherwise be permitted to practice, so long as they register and obtain approval from the Florida Supreme Court to work under the supervision of one of the many legal aid organizations approved by the Court to provide legal service to poor individuals and entities that serve the poor.
While there are almost 17,000 Emeritus-eligible lawyers — not counting law professors, at last count only 40 have qualified by going through the user-friendly registration process the rules provide. Think about that: 40 out of about 17,000 in eligible inventory. The gap between those eligible and those actually serving is striking! Will you meet the call for help and become Emeritus No. 41 (or, hopefully, get in line for a bigger number)?
Thanks to widespread acceptability of meetings and court proceedings by Zoom — what some may consider the miracle of COVID-19, out-of-state lawyers formerly licensed by The Florida Bar and who are now inactive and retired can serve poor clients from afar through the Emeritus Program. So, distance is no excuse. Nor is malpractice insurance a concern because the approved providers that supervise Emeritus lawyers provide that. So, malpractice coverage is no excuse. You may say that you didn’t handle the kinds of matters that are prevalent in the underserved populations represented by approved providers. But the approved providers assign mentors and, more importantly, supply training. So, lack of familiarity with the relevant law is no excuse, either.
Now you are probably thinking to yourself, “yeah, lady, but why would I want to do that? I kinda like retirement.” Lots of reasons:
- This work is pro bono publico, meaning “for the public good.” That should make you feel good, too.
- You can continue using your legal skills without the burden of full licensure, required CLE, and Florida Bar membership fees. That means practicing without red tape or bureaucracy.
- The engagement is flexible based on your wants and needs: remote work, limited hours, and tailored assignments. That means it’s convenient and involves no “heavy lifting” unless you want that kind of experience.
- You can stay connected to the legal community through meaningful service. Social connectedness helps improve mental health (google it!).
- You can stay intellectually engaged. That’s good for brain health.
- You can leave a legacy of service that you didn’t have the time to do in past practice that reflects your values. That’s another way to feel good.
- You can reignite your passion for justice in a new season of life. That can give you something to look forward to and break you out of a mundane retirement routine.
- You can extend the time of honoring your Oath of Admission to represent the “defenseless and oppressed.” Yet another way to make you feel good.
Hopefully by now you are sold on the Emeritus Program and wondering which approved provider you should align with. For starters, you can browse the list of approved providers here. What are the kinds of clients you might be passionate about? Poor kids in dependency? Immigrants? Elderly? Veterans? Some of the approved providers specialize in those populations. What issues would you like to work on? Housing? Family law? Real estate? Landlord–tenant? The approved providers’ websites describe what services they offer to prospective clients in need.1
Now that you are ready to become Emeritus No. 41 (or higher), let’s get you started. First, double check the Chapter 12 rules to confirm your eligibility.2 Next, call the approved providers of your choice to explore affiliation as an Emeritus lawyer. The last step is the paperwork phase. These forms are what you and the approved provider need to fill out and submit to the Florida Supreme Court.
Welcome, Emeritus No. 41 (or higher), we can’t wait to have you share your decades of wisdom with young attorneys and law students who are helping on your pro bono assignments!
1 An example is one of the approved providers in my town, Bay Area Legal Services, Free Legal Help in Tampa Bay | Bay Area Legal Services. Scroll down to see the list of services provided as well as a sampling of upcoming clinics.
2 The eligibility requirements for Emeritus Lawyers under Rule 12-1.2(a)(2) are summarized as follows: Not be actively practicing law (unless certified house counsel under Ch. 17 of the Rules of Professional Conduct of the RRTFB); at least 10 of the 15 years preceding your application, you must have been engaged in active legal practice (waived for certified house counsel); be in good standing with no discipline for professional misconduct in the past 15 years; must not have failed The Florida Bar exam three or more times (waived for retirees); must agree to abide by the Rules of Professional Conduct and submit to the jurisdiction of the Florida Supreme Court for disciplinary purposes; provide legal services for free (cannot ask nor receive compensation for any services given under the rule); and be certified by an approved provider under Rule 12-1.5.
Judge Catherine Peek McEwen is a U.S. bankruptcy judge for the Middle District of Florida. She is currently co-chair of The Florida Bar’s Pro Bono Legal Services Committee. This column originally appeared in The Florida Bar Out-of-State Division’s Spring 2026 State-to-State newsletter.
