Pro bono legal services are services that are provided to a person or entity without requirement or expectation of payment to the attorney for the services. These volunteer legal services are provided by lawyers—often through state bar associations—and are usually available only to persons who are unable to pay for the services, and qualify as indigent based on their income. In contrast, legal aid services are often provided at no cost or reduced cost by attorneys who work for nonprofit entities, and the attorneys are paid a modest salary by the nonprofit entity.
In New Mexico, pro bono legal services are an important aspect of the legal system, designed to ensure access to justice for individuals who cannot afford legal representation. Attorneys in New Mexico, as in many states, are encouraged by the New Mexico State Bar to provide a certain amount of pro bono legal services annually. These services are typically offered to those who qualify as indigent, meaning their income is below a certain threshold. Legal aid, on the other hand, is provided by attorneys who are employed by nonprofit organizations. These organizations often receive funding from various sources, including government grants, private donations, and sometimes client fees on a sliding scale based on the client's ability to pay. The attorneys are compensated for their work, albeit at a lower rate than the market rate for legal services. Both pro bono services and legal aid aim to bridge the gap in legal services for underprivileged and low-income individuals.