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Legal Aid and Bar Groups Urge Michigan Supreme Court to Adopt Updated Pro Bono Rule
Summary
Speakers from the Michigan State Bar Foundation, large and small law firms, and legal aid programs urged the court to adopt the State Bar's proposed revision to MRPC 6.1, which would set aspirational pro bono hours and allow the State Bar Foundation to publish suggested donation amounts rather than fixing a dollar figure in the rule.
Multiple legal-aid leaders, pro bono coordinators and former justices urged the Michigan Supreme Court to adopt the State Bar of Michigan's proposed revision of Michigan Rule of Professional Conduct 6.1 to expand and clarify attorneys' pro bono responsibilities.
Jennifer Bentley, executive director of the Michigan State Bar Foundation, said the State Bar's proposal — supported by the foundation, the Legal Services Association of Michigan (LSAM), and the State Planning Body — would both encourage pro bono service and channel donations to the Access to Justice (ATJ) statewide campaign. Bentley said the foundation would be responsible for periodically publishing suggested annual donation amounts so the guidance could adapt to changing economic conditions.
"The court has an opportunity to adopt a rule that will further access to justice throughout Michigan, and I really encourage you to do so," Bentley told the justices.
Heidi Nasco, partner in charge of pro bono at a national law firm, backed the State Bar's proposal and stressed that many jurisdictions already count services to nonprofit organizations when those organizations serve people of limited means. "Just because you're a nonprofit does not mean you are eligible for pro bono services," she said, noting established guidance and practices used by large-firm pro bono programs.
Jennifer Grieco, a small-firm lawyer who serves on the board of Lakeshore Legal Aid, said her firm donates $500 per lawyer annually to the ATJ campaign and that the proposal would encourage more lawyers to both donate and volunteer. Former Michigan Supreme Court Justice Marilyn Kelly said the changes would help close the "justice gap" by steering pro bono hours and donations toward people who cannot afford counsel.
Ashley Lowe, CEO of Lakeshore Legal Aid and cochair of the State Planning Body, outlined three key differences between the court's published proposal and the State Bar's recommended approach: recognizing both pro bono service and financial contribution, measuring service by hours (50 hours is a common benchmark) rather than cases, and avoiding a fixed dollar figure in the rule so the State Bar Foundation can set recommended donation amounts on a periodic basis.
Lowe said the State Bar, LSAM and the State Planning Body are united in support of a balanced, flexible rule that focuses on service to people of limited means and allows system-improving activities as part of pro bono work. The court did not issue a decision during the hearing; these remarks were entered into the public comment record for ADM file 2023-22.
