Pro bono lawyers use a formal screening process to decide which cases match their resources and expertise
When you contact a pro bono legal organization, your case does not automatically get assigned to a lawyer. Instead, intake staff or volunteer attorneys review your situation against specific criteria: whether the organization handles your type of legal problem, whether you meet their income limits, whether the case fits their current capacity, and whether they have a lawyer with the right expertise. Some organizations can give you an answer in days. Others have waiting lists that stretch months. Understanding how this process works helps you know what to expect and what information to have ready.
Pro bono programs are not first-come, first-served. They prioritize cases based on urgency, harm, and likelihood of success. A family facing eviction next week will move ahead of someone in a contract dispute. A case involving domestic violence or child custody typically ranks higher than a debt collection matter. Organizations also consider whether taking your case serves their mission — a legal aid office focused on housing will turn down a trademark question, even if you cannot pay.
Key Takeaways
- Pro bono organizations screen cases using income limits, case type, urgency, and lawyer availability, not just whether you need help.
- Intake staff will ask detailed questions about your income, assets, the legal problem itself, and the timeline — have documents ready to verify these facts.
- Organizations prioritize cases involving immediate harm (eviction, custody, domestic violence) over disputes that can wait, and cases they are equipped to handle over those outside their focus.
- If one organization declines your case, ask them to refer you to another program that handles your type of problem, because different organizations have different specialties.
- You may be asked to sign a retainer agreement or fee-sharing clause that limits what you can recover in settlement, because pro bono work is funded by grants and donations, not client fees.
The intake screening: what they ask and why
The first step is always an intake interview. This can happen over the phone, by email, or in person at a legal aid office. The person conducting the intake is usually a paralegal, social worker, or junior attorney, not the lawyer who would handle your case. Their job is to gather facts quickly and determine whether your case fits the organization's criteria.
They will ask about your household income, assets, and family size — this determines whether you fall below the income threshold. Most pro bono organizations use the federal poverty line or a percentage above it (often 125% to 200% of poverty). If you own a home, have significant savings, or earn above the limit, you will likely be declined, even if you cannot afford a lawyer right now. They will also ask whether you are already receiving legal help from another organization, because they do not want to duplicate effort.
Next, they will ask you to describe the legal problem in detail: what happened, when it happened, who is involved, and what outcome you are seeking. They need enough information to categorize the case — housing, family law, immigration, consumer debt, employment — and to spot red flags. If you are being sued and the deadline to respond has already passed, that changes the urgency. If you are in the middle of a criminal case, most civil legal aid organizations will decline because criminal defense is handled separately.
How organizations prioritize cases
After intake, your case enters a prioritization queue. Organizations rank cases using a system that usually weighs several factors. Immediate risk of harm — eviction, loss of custody, domestic violence — sits at the top. Cases with a clear legal remedy and a reasonable chance of success rank higher than cases that are legally complicated or unlikely to win. Cases that serve the organization's stated mission rank higher than cases outside their focus.
Many organizations also consider systemic impact. A case that affects only one person ranks lower than a case that, if won, could change how a landlord or employer treats many people. A legal aid office might take a housing discrimination case that affects one tenant because winning it could establish a precedent or force a landlord to change practices. They might decline a straightforward eviction case for the same tenant because it helps only that one person.
Lawyer availability and expertise matter too. If your case requires immigration law and the organization has no immigration attorneys, you will be referred elsewhere. If all the housing lawyers are at capacity, your housing case may be put on a waiting list. Some organizations will decline a case outright if they lack the expertise, rather than assign it to a lawyer learning on the job.
Income limits and financial may be able to access
Pro bono organizations have strict income cutoffs because their funding is limited and their mission is to serve people with the fewest resources. The threshold varies by organization and by state. Legal aid societies often use 125% of the federal poverty line. Some use 200%. A few use a sliding scale where you might be asked to pay a small fee if you are above the poverty line but below 200%.
Income includes wages, benefits, child support, and Social Security. It does not usually include one-time payments like tax refunds or insurance settlements. Assets are counted separately — if you have significant savings or own property, you may be over the limit even if your monthly income is low. Some organizations will waive the asset limit if you are facing an emergency like eviction, but this is discretionary.
If you are declined for income reasons, ask whether the organization offers a sliding-fee service or can refer you to a lawyer who does. Some legal aid offices have a separate program for people just above the poverty line. Others will refer you to a law school clinic or a bar association referral service where you might find a lawyer willing to work at reduced cost.
Case type and organizational focus
Pro bono organizations specialize. A housing legal clinic will not take employment cases. An immigration nonprofit will not take family law cases. This is not arbitrary — it reflects where their lawyers' expertise lies and where their funding comes from. A grant to fight housing discrimination cannot legally be used to defend someone in a wage theft case, even though both are important.
When you contact an organization, one of the first questions will be whether they handle your type of case. If they do not, ask for a referral. Most organizations maintain a list of other nonprofits and clinics in your area, organized by practice area. If you are declined, you should leave the conversation with the name of at least one other organization to contact. If the intake person does not offer a referral, ask directly: "Who else in this area handles [your type of case]?"
Urgency and timeline
Cases with imminent deadlines move faster through the queue. If you have an eviction hearing in two weeks, your case will be reviewed before someone facing eviction in three months. If you are in danger of losing custody in a court hearing, that ranks higher than a custody modification you want to pursue when you have time.
This does not mean you should lie about your timeline to jump the queue — intake staff can usually tell when dates are inflated, and dishonesty can get you declined. But it does mean you should be clear and specific about your actual deadline. If you have a court date, bring the notice. If you have a letter from a landlord or creditor, bring that. Concrete dates matter more than vague urgency.
Likelihood of success and case strength
Pro bono organizations have limited resources, so they tend to take cases they believe they can win or resolve favorably. A case with clear liability and documented damages ranks higher than a case where the facts are disputed or the law is unclear. A tenant with a signed lease and proof of payment ranks higher than a tenant with an oral agreement and no documentation.
This does not mean they will only take slam-dunk cases. Many organizations take cases they believe in even if the odds are uncertain, especially if the stakes are high — a custody case or a deportation defense, for example. But they will ask hard questions about evidence, witnesses, and documentation. If you cannot produce a lease, pay stubs, or other proof, be honest about that in intake. The lawyer will decide whether to proceed anyway.
Retainer agreements and fee-sharing clauses
If a pro bono organization agrees to take your case, you may be asked to sign a retainer agreement. This is a contract between you and the organization that outlines what they will do, what you must do, and what happens if the case settles or wins. Some retainer agreements include a fee-sharing clause, which means if you recover money in a settlement or judgment, the organization takes a percentage to cover their costs.
This is legal and common. Pro bono organizations are not charities that work for free — they are funded by grants, donations, and sometimes by recovering fees from cases they win. A typical fee-sharing clause might say the organization takes 25% of any recovery, or takes enough to cover their costs up to a certain amount. You should read this carefully and ask questions before signing. If you do not understand a clause, ask the lawyer to explain it.
Some organizations do not use fee-sharing and instead ask you to sign a statement that you will not hire another lawyer or settle the case without their permission. This protects their investment of time. Either way, the agreement is meant to be clear about expectations on both sides.
What happens if you are declined
If an organization declines your case, ask why. The answer tells you where to look next. If they say it is outside their practice area, they should refer you to an organization that handles it. If they say you are over the income limit, ask about sliding-fee options or law school clinics. If they say they are at capacity, ask whether you can be put on a waiting list or referred to another organization with availability.
Do not assume one decline means you cannot get help. Different organizations have different priorities, funding, and capacity. A case declined by one legal aid office might be accepted by a nonprofit focused on that specific issue. A case declined for income reasons might be taken by a law school clinic that has different may be able to access rules. Keep calling until you find someone who can help or until you understand clearly why the case cannot be taken.
Frequently Asked Questions
How long does the intake process take?
Most organizations can complete an intake interview in 30 minutes to an hour. They may give you an answer the same day or within a few days. If they accept your case, assignment to a specific lawyer can take weeks or months depending on their caseload. If they decline, they should tell you immediately and provide referrals.
What documents should I bring to an intake interview?
Bring proof of income (pay stubs, tax returns, benefit statements), proof of identity, and any documents related to your legal problem (lease, court notices, letters from the other party, contracts). If you have already been to court or received a demand letter, bring those. The more documentation you have, the faster intake can move.
Can I appeal if a pro bono organization declines my case?
Most organizations do not have a formal appeal process, but you can ask to speak with a supervisor if you believe the decision was wrong. More often, the right move is to contact a different organization. If you were declined for income reasons, ask about their sliding-fee program or other options. If you were declined for case type, get a referral to an organization that handles your issue.
What if I cannot afford to pay a fee-sharing percentage if I win?
Fee-sharing is only triggered if you recover money. If your case is dismissed or you lose, you owe nothing. If you do recover money and the fee-sharing percentage feels too high, negotiate before you sign. Some organizations will reduce the percentage for cases involving vulnerable populations or cases with lower recovery amounts.
How do I find pro bono organizations in my area?
Start with your state bar association's website — most maintain a referral list. Call 211 (a national helpline) and ask for legal aid in your area. Search "legal aid" plus your county name. If you are facing a specific issue like housing or immigration, search for nonprofits focused on that issue in your state.