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Do Pro Bono Lawyers Get Paid If They Win? What You Should Know

Jun 17, 2025

Before diving into whether pro bono lawyers get paid if they win, it’s important to understand what “pro bono” really means. The term comes from the Latin phrase “pro bono publico,” meaning “for the public good.” In legal practice, it refers to work done voluntarily and without payment for individuals who cannot afford legal representation.

Lawyers may take on pro bono cases to serve the community, support justice access, or fulfill professional responsibility requirements. But just because they’re not charging the client doesn’t mean there’s never any compensation involved—especially in specific legal circumstances.

2. Do Pro Bono Lawyers Get Paid If They Win?

The short answer is: not usually, but sometimes they can. In a traditional pro bono case, the lawyer does not charge their client and does not expect compensation regardless of the case’s outcome. However, certain outcomes—like winning a case with a statutory fee-shifting provision—can open a path to compensation.

For example, in civil rights or employment discrimination lawsuits, courts may order the losing party to pay the winner’s legal fees. If the lawyer worked the case pro bono, they might still receive attorney’s fees paid by the opposing side—not the client. This doesn’t happen automatically and often requires a motion filed after the case concludes.

It’s important to distinguish this from contingency cases, where payment depends on a win and comes from the awarded damages. Pro bono work, by contrast, is not typically tied to financial outcomes, unless statutes allow fee recovery.

3. Understanding the Exceptions: When Payment Might Occur

There are three common ways a pro bono lawyer might get compensated without charging the client:

1. Statutory fee awards: In certain types of cases, like civil rights litigation, a win may result in a court-ordered fee paid by the losing party. The lawyer must document hours worked to justify the amount.

2. Settlements with fee provisions: Sometimes, a negotiated settlement includes legal fees paid by the opposing party, even when the client didn’t pay out-of-pocket.

3. Third-party or organizational support: Some nonprofits or legal aid groups fund pro bono cases by paying stipends to private attorneys who donate their time for public interest cases.

None of these situations make the work less “pro bono”—they simply reflect the legal system’s mechanisms to support fair representation without burdening clients who can't afford legal help.

4. Real Case Examples of Pro Bono Victories

Consider the 2019 case in Michigan where a team of attorneys represented low-income residents facing water shutoffs. The lawyers volunteered their time under a pro bono arrangement. After winning on constitutional grounds, the court ordered the city to pay attorney’s fees—compensating the legal team without charging the plaintiffs.

In another case, a domestic violence survivor in Texas received pro bono representation through a legal aid partnership. Her attorney won the custody dispute and secured a fee payment from the opposing party’s counsel—a relief that helped the law firm continue offering free legal services to others.

These cases demonstrate that while the client isn’t paying, a win might still bring financial recognition for the lawyer’s hard work.

Legal questions—especially those involving finances—can feel overwhelming. That’s where ESPLawyers can help. Whether you're seeking a pro bono attorney or need guidance on whether your case qualifies for statutory fee recovery, ESPLawyers connects individuals with experienced legal professionals who understand how to work within your budget—or lack thereof.

We work with attorneys across various practice areas who are passionate about justice and willing to take on meaningful cases. Even if you’re unsure where to start, ESPLawyers can help you find legal guidance that makes sense for your situation.