Pro bono lawyers use a formal process to decide which cases fit their practice, resources, and mission
A pro bono lawyer does not take every case that walks through the door. Most work through a case intake process — a structured set of steps that filters cases based on legal merit, the client's financial situation, the lawyer's informed, and whether the firm or organization has the capacity to handle the work. The process looks different depending on whether you're approaching a solo practitioner, a law firm's pro bono program, or a nonprofit legal aid organization, but the underlying logic is the same: match the right case to the right lawyer.
Understanding how this process works helps you know what to expect when you contact a pro bono provider, what information to have ready, and why you might be turned down even if your case has merit.
Key Takeaways
- Pro bono intake typically starts with a financial screen to confirm you cannot afford a lawyer, followed by a legal screen to assess whether the case is within the lawyer's area of practice.
- Lawyers prioritize cases based on urgency (eviction, custody, criminal sentencing), the strength of the legal claim, and whether the outcome will affect multiple people or set a precedent.
- A lawyer may decline a case because they lack informed in that area of law, the firm is at capacity, or the case does not meet the organization's mission or priorities.
- Nonprofit legal aid organizations often have published case acceptance criteria and waiting lists, while law firm pro bono programs may have narrower focus areas tied to their main practice.
- If one pro bono provider declines your case, other organizations in your area may have different priorities and may be willing to take it.
The financial screen comes first
Before a lawyer evaluates the legal merits of your case, they confirm that you cannot afford to pay for representation. This is the threshold question for pro bono work. The financial screen typically asks for your household income, assets, and current expenses. The threshold varies by organization and by area of law — a nonprofit handling housing cases may have a different income cutoff than a law firm's pro bono program handling appellate work.
Some organizations use federal poverty guidelines as a baseline. Others set their threshold at 125 percent or 150 percent of the poverty line, or they calculate it case by case based on your specific costs. A few ask only whether you have a lawyer already; if you do not and cannot pay for one, you pass the financial screen. If you fail the financial screen — your income is above the threshold — the intake process typically stops there, and you will be referred to find a lawyer through other means.
This step protects the limited pro bono resources for people who truly have no other option. It also protects the lawyer from ethical violations: a lawyer cannot take a case pro bono if the client can afford to pay, because that would constitute fee-splitting or improper fee arrangements.
The legal screen assesses whether the lawyer can handle the work
Once you pass the financial screen, the intake person or lawyer asks whether the case falls within their area of practice. A lawyer who handles housing law may not take a family law case, even if the client is low-income and the case has merit. A law firm's pro bono program focused on immigration may decline a bankruptcy case. This is not a judgment on the quality of your case — it is a practical boundary.
The legal screen also looks at the complexity of the case and the lawyer's current workload. A solo practitioner handling pro bono work alongside paying clients may take only cases they can resolve quickly. A nonprofit legal aid organization with staff attorneys may have capacity for longer, more complex litigation. If the lawyer does not have the informed or the time, they will decline and often refer you to another provider who does.
Some organizations ask you to describe your case in writing before the intake interview. Others conduct a phone or in-person intake where the lawyer asks questions to understand the facts, the legal issues, and what outcome you are seeking. Either way, this is where the lawyer determines whether the case is a fit for their practice.
Lawyers prioritize cases based on urgency and impact
If your case passes both screens, it enters a prioritization step. Pro bono providers receive far more requests than they can handle, so they rank cases by urgency and potential impact. A case with an imminent important date — an eviction hearing in two weeks, a custody hearing next month, a criminal sentencing date — moves higher in the queue than a case with no important date. The logic is straightforward: if the lawyer does not act now, the harm is irreversible.
Impact also matters. A case that affects only you ranks lower than a case that could set a precedent or affect a group of people. A nonprofit legal aid organization might prioritize a housing discrimination case that could change how a landlord treats all tenants over a single eviction defense, because the precedent protects more people. A law firm's pro bono program might prioritize a case that aligns with the firm's stated mission or values.
The strength of the legal claim factors in as well. A case with a clear legal violation and a good chance of winning ranks higher than a case where the law is unclear or the facts are weak. Lawyers know that pro bono work is a limited resource, so they focus on cases where they can actually help.
Organizations decline cases for specific, documented reasons
If your case does not move forward, the pro bono provider should tell you why. The most common reasons are: the lawyer lacks informed in that area of law; the organization is at capacity and cannot take new cases; the case does not fit the organization's mission or priorities; or the financial or legal screen eliminated it. Some organizations publish their case acceptance criteria on their website so you know in advance what they will and will not take.
A nonprofit legal aid organization might decline a case because it focuses only on housing and family law, and your case is a contract dispute. A law firm's pro bono program might decline because all the attorneys with relevant informed are already at capacity. A solo practitioner might decline because the case requires litigation and they only do settlement work. None of these is a reflection on your case — it is a boundary around what that particular provider can do.
If you are declined, ask whether the provider can refer you to another organization that might take the case. Many pro bono providers maintain networks and know which organizations focus on which areas of law. A referral from one provider to another can save you time and increase your chances of finding representation.
Different types of pro bono providers have different processes
A nonprofit legal aid organization typically has a formal intake department, published may be able to access criteria, and a waiting list. You may call a central intake line, submit an online form, or visit in person. The intake staff screen cases and assign them to attorneys based on informed and availability. The process is standardized because the organization handles hundreds of cases per year.
A law firm's pro bono program works differently. The firm may have a pro bono coordinator who manages cases, or individual attorneys may take pro bono work independently. Some firms partner with a nonprofit legal aid organization and handle cases referred by that organization. Others accept cases directly from the community. The intake process may be less formal, and the criteria may be narrower — the firm might focus only on cases that align with its main practice areas or its stated pro bono mission.
A solo practitioner who does pro bono work typically has no formal intake process. You may contact them directly, and they decide whether to take your case based on their informed, availability, and interest. The decision is more personal and less standardized than at a larger organization.
What to have ready when you contact a pro bono provider
When you reach out to a pro bono lawyer or organization, have the following information available: your household income and assets; a brief description of your legal issue and what you want to happen; the timeline or important date, if any; and any documents related to your case (a lease, a court notice, a contract, correspondence with the other party). The more specific you can be, the faster the intake process moves.
Be prepared to answer questions about why you cannot afford a lawyer and whether you have already contacted other providers. If you have been declined elsewhere, mention it — the intake person may know why and can tell you whether this organization has different criteria. If your case has an urgent important date, say so when ready. Urgency can move your case higher in the queue.
If you are declined, ask for a referral and ask what criteria led to the decline. That information helps you target other providers who may be a better fit. Some areas have legal aid hotlines or bar association referral services that can point you to multiple pro bono providers at once, which is faster than calling each one individually.
Frequently Asked Questions
Can a pro bono lawyer drop my case after they take it?
Yes, but only under specific circumstances and with notice. A lawyer can withdraw if the client lies or withholds material facts, if the client refuses to follow the lawyer's information, if the case becomes too complex or time-consuming, or if the lawyer's firm changes its pro bono priorities. The lawyer must give you notice and, in most cases, must help you find another lawyer before withdrawing.
What if I was declined by one pro bono organization but my case seems like it should may have access to?
Different organizations have different priorities and capacity. A case declined by one nonprofit legal aid organization might fit perfectly within another organization's mission. Contact other pro bono providers in your area — your local bar association can provide a list. Each organization uses its own intake criteria, so a second or third contact may result in representation.
How long does the pro bono intake process take?
It depends on the organization and the complexity of your case. A straightforward financial and legal screen might take a few days. A more detailed intake at a nonprofit legal aid organization might take one to three weeks. If the organization has a waiting list, you may wait longer before a lawyer is assigned. Ask the intake person for a timeline when you first contact them.
Do pro bono lawyers have to take cases in any particular order?
No. Pro bono providers prioritize based on urgency, impact, and fit with their mission, not on a first-come, first-served basis. A case with an imminent court date may move ahead of a case that came in earlier but has no important date. This prioritization system is designed to protect people facing the most when ready harm.
What happens if I do not meet the income threshold but still cannot afford a lawyer?
Some organizations have a sliding scale fee arrangement where you pay what you can afford. Others may refer you to a lawyer who offers payment plans. Your local bar association may also have a referral service for reduced-fee representation. If pro bono is not an option, these alternatives are worth exploring.