Lawyers in Michigan now have the ability to provide impoverished pro bono clients with certain forms of financial aid, following a revision to the state’s professional conduct code. The change in the Michigan Rules of Professional Conduct has been described as a “humanitarian exception” to the general prohibition against lawyers providing financial assistance to clients.
With these amendments, attorneys representing indigent clients on a pro bono basis can cover expenses related to the client’s transportation, housing, food, and clothing to facilitate their access to the justice system. However, to assure ethical standards, attorneys are prohibited from advertising the availability of financial assistance to potential clients or leveraging the promise of financial aid in client retention.
These amendments align Michigan with a number of other states, including Alaska, Colorado, Connecticut, Massachusetts, Missouri, New York, and New Jersey, which allow attorneys to provide such financial aid to impoverished clients.
Michigan Supreme Court Justice Megan K. Cavanagh affirmed the decision as a necessary move to remove barriers to legal access for low-income individuals. Drawing from a previous version of the rules, Justice Cavanagh emphasized the crucial role attorneys play in their clients’ successful participation in the justice system.
Some dissenting voices have raised concerns about attorneys becoming financially entangled with their clients and cited a recent opinion from the state’s high court where attorneys working on a pro bono basis were entitled to collect attorney fee awards. Critics argue that such a rule can taint attorney-client relationships and may motivate advice for gain, potentially jeopardizing the clients’ best interests.
The rule change introduced by the State Bar of Michigan is inspired by amendments to the American Bar Association‘s Model Rules of Professional Conduct. Michigan’s rule restricts the permissible forms of support to specific expenses directly related to the client’s court case. These refined rules are set to go into effect on May 1.