Also known as:deplete · depletes · depleted · depleting · depletions · depletion allowance · depletion deduction
Written by attorneys · grounded in primary & secondary sources — see below
A reduction in an organization's financial resources that would render payment of standard legal fees inappropriate. The reduction occurs when fees would exhaust funds needed for the organization's core activities or mission.
Sources & Authorities
How it applies
Common Examples
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Grassroots Group Seeks Permit Challenge
Allied Green maintains a small fund from local donations for air filters and health screenings. The group asks Camila to challenge a proposed incinerator permit on environmental justice grounds. Standard fees would exhaust the fund and halt the group's workshops for residents.
Nonprofit Arts Center Faces Funding Dispute
Pinnacle Heritage operates on grants and donor support but holds no dedicated legal defense funds. Its director asks Brandon to contest new state restrictions on programming about racial justice and voting rights. Payment of full fees would force closure of free community classes.
Parent Group Seeks School District Complaint
Alpha Scholar collects under five thousand dollars yearly in dues and donations. Its leaders ask Nelson to file a systemic complaint about services for students with disabilities and to assist with incorporation. Standard fees would eliminate funds for workshops serving low-income families.
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Model Codes
Restatements
Study Supplements
Dictionaries
Common questions
Frequently Asked
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When does payment of standard legal fees significantly deplete an organization's resources under Rule 6.1(b)(1)?+
Payment significantly depletes resources when it would exhaust the modest funds an organization uses for its core mission activities. The rule applies when those funds come from local donations and support direct services such as workshops or health screenings for low-income communities.
Supporting sources
Does an organization's pursuit of future grants prevent a finding of resource depletion?+
Expressions of interest in future grants do not negate depletion when the funds remain uncommitted and the organization currently lacks resources for legal fees. The rule focuses on the immediate impact of standard fees on existing economic resources.
Supporting sources
Must an organization have formal nonprofit status to qualify for reduced-fee representation based on depletion?+
Formal corporate structure is not required. The rule covers loosely organized civic and community groups whose activities advance civil rights or public rights and whose limited local funds would be exhausted by standard fees.
Supporting sources
454 U.S. 516 (1982)Property
…to which they might have turned their powers of observation; nothing has been directly attacked, seized, possessed, used, or depleted. The only "caretaker" who could have guarded the interest of appellants from the silent actions of the legislature and the surface owner, is a caretaker charged with the responsibility of…