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MRPC 1.8 Amendment: Attorneys May Now Provide Limited Financial Assistance to Indigent Pro Bono Clients (Effective May 1, 2024)

What Changed

Effective May 1, 2024, Michigan Rule of Professional Conduct 1.8(e) allows attorneys representing indigent clients on a pro bono basis to provide limited financial assistance beyond traditional litigation costs. The amendment creates a humanitarian exception to the longstanding prohibition against lawyers providing financial support to clients in connection with pending or contemplated litigation.

The Rule Before and After

Previously, MRPC 1.8(e) permitted only two forms of financial assistance: (1) advancing court costs and expenses of litigation with the client ultimately responsible for repayment, and (2) paying court costs and expenses on behalf of indigent clients. Personal financial assistance—even modest help with transportation, meals, or clothing—was strictly prohibited.

The amended rule adds subsections (3) and (4), which now permit attorneys to pay for or provide four specific types of assistance to indigent clients:

  • Transportation
  • Lodging (if less costly than providing transportation for multiple days)
  • Meals
  • Clothing

This assistance is permitted only when it “facilitate[s] the client’s access to the justice system in the matter” for which representation was undertaken.

Who Can Provide This Assistance

The exception applies only to attorneys who represent indigent clients:

  • Pro bono
  • Pro bono through a nonprofit legal services or public interest organization, or
  • Pro bono through a law school clinical or pro bono program

Notably, assistance may be provided even if the representation is eligible for a fee under a fee-shifting statute.

Strict Limitations Apply

Subrule (4) imposes important restrictions. Assistance must be delivered at no fee to the client, and attorneys may not:

  • Promise, assure, or imply the availability of such assistance before retention or as an inducement to continue representation
  • Seek or accept reimbursement from the client, the client’s relatives, or anyone affiliated with the client
  • Publicize or advertise a willingness to provide such assistance to prospective clients

Practical Impact

This change addresses a real barrier to justice: indigent clients who cannot afford transportation to court, appropriate courtroom attire, or meals during lengthy proceedings. The amendment does not authorize open-ended financial support. The comment explains that assistance must address “needs that frustrate the client’s access to the justice system in the specific matter for which the representation was undertaken.” General financial support remains prohibited.

The Debate

Justice Cavanagh’s concurrence emphasizes that this “narrow, but meaningful” change advances the Michigan Justice for All Commission’s goal of improving access to justice for low-income residents. She notes that civil legal aid organizations handled 8,400 divorce, separation, or annulment cases, 25,000 housing cases, and 5,300 public-benefits cases in 2019-2020 alone.

Justice Zahra’s dissent, joined by Justice Viviano, warns that the amendment “deregulates attorney ethics” and risks creating dependency and conflicts of interest. He argues the final version removes critical safeguards from the proposal, including express limits on creating financial dependency and restrictions on using funds raised specifically for legal services. The dissent contends that social services should be provided through established charitable systems, not through the attorney-client relationship.

What Attorneys Need to Know

Attorneys considering providing assistance under the new rule should:

  1. Document that representation is truly pro bono
  2. Ensure any assistance directly relates to the client’s participation in the legal matter
  3. Avoid any promise or implication of assistance during client intake
  4. Keep assistance modest and tied to specific litigation-related needs
  5. Never seek reimbursement or publicize the availability of assistance

The Staff Comment notes this amendment allows attorneys to assist clients “they are serving on a pro bono basis,” reinforcing the limited scope of the exception.

Find the Full Text

The complete amended text of MRPC 1.8 appears in Michigan Legal Publishing’s Michigan Court Rules. The volume includes all Michigan Rules of Professional Conduct with staff comments and is available at michlp.com.

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