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A client agreed to pay a fee and then failed to pay it. Is the case or matter then considered pro bono?

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A client agreed to pay a fee and then failed to pay it. Is the case or matter then considered pro bono?

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If a lawyer undertakes a representation intending to be paid, then the matter cannot be considered a pro bono case. However, if a lawyer undertakes a representation intending to be paid, and determines at some point to waive the fee based upon the clients inability to pay it, then the amount of uncompensated time may be considered to be pro bono legal services.

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