Columns

Access to justice is worth more than $300 per year — but let’s start there

 
 

by Daniel D. Quick   |   Michigan Bar Journal

 

There is so much about practicing law that is a privilege. Yes, it is also sometimes a dreary, exhausting job. But whether it is our distinct status as officers of the court, the ability to pass the bar and advocate for our clients, or the general stature our professioFrom the Presidentn holds in society, I feel blessed to call myself an attorney and to have made it a rewarding career these past decades.

Having been at my firm since graduating, I am well aware that (by and large) my clientele is not the average client group of my fellow attorneys. I have always been active in various bars and have seen regular articles about legal aid funding, issues surrounding access to the civil legal system, and the seemingly constant need for more resources and volunteers. And while I’ve handled many pro bono matters, the reality is that the vast majority of my time is in my own legal bubble.

Several years ago, I was appointed to a committee of the Justice for All Commission established by the Michigan Supreme Court. That task force focused on the “justice gap” and the many challenges facing citizens who lack practical access to the civil legal system.1

Through our work on the commission, I heard firsthand from lawyers, social workers, domestic violence advocates, community leaders, and others of the challenges their clients face in receiving justice. Equal justice under the law does not equate to equal access to justice. The Supreme Court — and the Bar — believe it can be fixed.

A critical partner in this mission is your Michigan State Bar Foundation. A key component of its work is a basic request: that all Michigan attorneys be more involved in the Access to Justice Campaign. The ATJ Campaign is a centralized fundraising campaign administered by the foundation in partnership with the State Bar of Michigan to raise money for the Michigan legal aid community. Essentially, it is the arm of the foundation that collects annual donations and distributes them to 15 civil legal aid programs throughout the state.

The need in Michigan is great. It can be broken down by the following numbers:

  • In 2023, 1.69 million people in Michigan qualified for civil legal aid because their household income was below 125% of the federal poverty level ($39,000 for a family of four.)2
  • In 2022, civil legal aid programs closed 57,351 cases. These cases affected 111,455 people, including 45,594 children.3
  • In 2022, 98% of housing cases with attorney representation had a positive outcome for the client. These are cases of eviction and foreclosure — those on the verge of homelessness.4
  • In 2022, 92% of family stability cases with attorney representation had a positive outcome. These cases secure personal protection, child and spousal support, and the safety of families.5

While civil legal aid produces extraordinary positive outcomes, the justice gap is a chasm. Legal Services Corporation regularly compiles nationwide data in a report aptly named “The Justice Gap:

The Unmet Civil Legal Needs of Low-Income Americans.”6 Legal aid offices throughout Michigan face this need each day, with individuals requesting assistance and organizations unable to help. The numbers speak for themselves:

  • 74% of low-income households experience one or more civil legal problems a year.
  • The most common issues include consumer law, health care, housing, and income maintenance.
  • Half of the requests legal aid organizations receive must be turned away due to limited resources.

These statistics can seem daunting, however, a recent economic study done in Michigan had eye-opening results and clearly shows the immense positive societal impact that can result from funding civil legal aid.

Every $1 invested in Michigan’s civil legal aid services delivered $6.69 in immediate and long-term consequential net financial benefits for services delivered in 2019 and 2020.7

I don’t know about you, but I definitely do not know any other investment that yields a 669% return.

Most of us are not intimately engaged with the practices found in civil legal aid offices. Legal aid attorneys serve low-income clients in crisis. Their clients come to them on the verge of homelessness, under the threat of domestic violence, and faced with mountains of paperwork they do not understand. Their attorney is their last line of defense and, quite frankly, their saving grace. They need an attorney to solve their issues in a finite, succinct, and timely manner. Isn’t this what all our clients need?

The Voluntary Pro Bono Standard adopted by the State Bar of Michigan Representative Assembly encourages Michigan attorneys to provide 30 or more hours of pro bono legal services each year or contribute a minimum of $300 to support civil legal services to low-income individuals. Yet only approximately 12% of Michigan lawyers donated to the ATJ Campaign in 2023. Imagine what could be accomplished if just half of us met this goal – a massive step forward for justice in our state.

I’ve asked Jennifer Bentley, executive director of the Michigan State Bar Foundation, to weigh in on how we can help.

Prior to becoming executive director of the Michigan State Bar Foundation, I was a legal aid lawyer for 20 years. I saw firsthand the tremendous need for help and the impact we had on families each day. We have fantastic legal aid programs throughout Michigan and the foundation is proud to administer the Access to Justice Campaign to raise money for their important work.

We are grateful for the individuals and firms who give substantial annual donations to the ATJ Campaign. We are steadily increasing the campaign but have significant room for growth.

Several Michigan firms qualified for recognition as leadership firms by giving the equivalent of at least $300 per attorney.8 Firms give in a variety of ways depending on their internal culture. Some firms commit to multiplying their number of attorneys by the suggested pro bono standard levels of giving ($300 and $500) and make an annual gift, some internally encourage their attorneys to donate, and some do a combination of both. Each leadership firm has had one or more champions who lead the effort and encourage participation.

The ATJ Campaign recognizes attorneys and firms who prioritize the support of legal aid annually. This issue of the Bar Journal includes campaign results and recognition lists from 2023 starting at $500 for individual donations. A full recognition list is included on the ATJ Campaign website.9 I encourage you to learn more about civil legal aid in Michigan and make access to justice a personal and professional priority.


 

The views expressed in From the President, as well as other expressions of opinions published in the Bar Journal from time to time, do not necessarily state or reflect the official position of the State Bar of Michigan, nor does their publication constitute an endorsement of the views expressed. They are the opinions of the authors and are intended not to end discussion, but to stimulate thought about significant issues affecting the legal profession, the making of laws, and the adjudication of disputes.


ENDNOTES

1. Michigan Courts, Justice for All Commission [https://perma.cc/93Y7-TJWU] (all websites accessed March 29, 2024).

2. Legal Services Corporation, Income Level for Individuals Eligible for Assistance, 45 CFR Part 1611 (2024). [https://perma.cc/H8FW-CEAF].

3. Michigan State Bar Foundation, Civil Legal Aid in Michigan 2022 Report of Services [https://perma.cc/EWV4-Y5TJ].

4. Id.

5. Id.

6. Legal Services Corporation, The Justice Gap: The Unmet Civil Legal Needs of Low-Income Americans [https://perma.cc/UZ6G-MSX6].

7. Michigan Courts, Social Economic Impact and Social Return on Funding Investment [https://perma.cc/5H25-XSZ9].

8. Access to Justice Campaign, Leadership Firms https://atjfund.org/leadershipfirms/.

9. Access to Justice Campaign, Our Supporters https://atjfund.org/supporters/.