The Court has cases available year-round for attorneys who are willing to take on pro bono representation. Attorneys can choose to take on representation for the entire case or simply a discrete piece of the litigation (e.g., assisting on a response to a motion to dismiss only). See Local Rule 83.25(c). The cases involve a wide range of legal issues, including but not limited to civil rights, immigration, disability rights, prison conditions, and constitutional law.

Participating attorneys are notified by email whenever the Court is requesting pro bono counsel and can choose when they wish to accept an appointment for a case. Once accepted, the attorney is provided all necessary case information. Litigation expenses up to $2,000 can be automatically reimbursed and additional costs beyond that simply requires pre-approval.

The Court, sometimes in conjunction with the EDMI Chapter of the Federal Bar Association, often provides training on topics that frequently arise in pro bono cases. (Visit https://fbamich.org/ and view the Events Section.)

Attorneys interested in taking on full or limited pro bono representation in a case must first complete a Pro Bono Application.

Once accepted, the attorney is added to the Court's pro bono panel email list. Each time a judge refers a case for appointment of counsel, the Court sends an email to the pro bono panel, letting them know that counsel is being requested for the case and providing a summary of the case. If interested, the attorney can respond to the email to accept an appointment for the case or to ask any questions.

Attorneys can review pending available cases anytime and click a link to accept appointment. (See above)

Through either route, once accepted, the attorney will receive an email from the Court including necessary case information and previously filed documents.

The time commitment can vary depending on the case, as well as the scope of the representation. For representation of an entire case, the average time spent per case is roughly 60 hours, whereas limited scope representation is roughly 20 hours.

The Court has a Non-Appropriated Fund, which is used to reimburse attorneys acting in connection with the Pro Bono Civil Assignment Panel for certain expenses associated with the evaluation, preparation, or presentation of civil actions in our Court. Attorneys can request reimbursement of up to $2,000 in expenses without seeking prior approval. Requests for reimbursement exceeding $2,000 require completing and submitting a Preauthorization of Pro Bono Civil Expenses form.

In addition to reimbursement for expenses, Pro Bono counsel may be entitled to attorney fees if they are prevailing party in the case. See 42 U.S.C.§ 1988(b). In the event of an award of attorney's fees or costs to pro bono counsel in the course of litigation, the Court may order return to the fund of any payments made from the fund to counsel for fees and expenses in an amount equal to the award.

Preauthorization of Pro Bono Civil Expenses form

Instructions for Completing Non-Appropriated Fund Voucher: Request for Reimbursement of Pro Bono Attorney Expenses in Civil Cases:

1. Reimbursement of Pro Bono Attorney Expenses in Civil Cases

   1. Subject to the availability of funds, the Non-Appropriated Fund (Fund) will be used to reimburse attorneys who are acting in connection with the Pro Bono Civil Assignment Panel for certain expenses associated with the evaluation, preparation or presentation of civil actions in the Eastern District of Michigan.

   2. Applications for reimbursement of pro bono attorney expenses by the Fund are submitted to the Court Administrator for review and recommendation to the judicial officer to whom the case was assigned for approval. Forms requesting reimbursement are available on the Court's website and at all Clerk's Office locations in the Eastern District of Michigan.

   3. The Fund may not be used to reimburse attorneys for expenses associated with the preparation or presentation of an appeal to the United States Court of Appeals or the United States Supreme Court, however the Fund may be used to reimburse attorneys for expenses associated with the preparation and argument of interlocutory appeals. A pro bono attorney's responsibility to a client continues through entry of judgment and the filing of notice of appeal if the client wishes to appeal.

   4. The maximum amount that may be disbursed from the Fund in any case is $2,000, unless substantial documentation is provided indicating that additional reimbursement is warranted. Requests for reimbursement that exceed $2,000 require the completion and submission of a "Preauthorization of Pro Bono Civil Expenses" form. This authorization requires the approval of both the assigned judge and Chief Judge. Failure to secure preauthorization will result in the denial of a request for reimbursement that exceeds $2,000.

   5. The list of presumptive hourly rates (Sixth Circuit presumptive rates as adopted by the Eastern District of Michigan eVoucher Ad Hoc Committee) for expert services apply to civil pro bono cases unless special qualifications or circumstances necessitate an hourly rate in excess of those listed. In such instances, an ex parte memorandum detailing the reasons to justify the higher rate must accompany the "Preauthorization of Pro Bono Civil Expenses" form. Such memoranda does not guarantee the approval of the request. Attorneys must refer to the list of presumptive hourly rates located on the Court's website.

   6. Requests for reimbursement from the Fund may be made ex parte.

   7. Reimbursement from the Fund is limited to the following allowable expenses. Failure to provide receipts or other written documentation as proof may result in a request being returned for additional information or not being approved.

      1. Depositions and Transcripts. Attorneys may order transcripts of depositions necessary in the preparation of the case. Cost of transcripts may not exceed the page rate for ordinary transcript established in the Eastern District of Michigan. Attorneys may be required to show that they first attempted to obtain pro bono court reporting services from a member of the Michigan Association of Professional Court Reporters.

      2. Investigative or Expert Services. Attorneys may request investigative or expert services necessary in the preparation of the case. Such services require prior approval of the judicial officer to whom the case is assigned.

      3. Travel. Reimbursement may be claimed for travel at the most recent prescribed rate set by the Director of the Administrative Office of the United States Courts. Distances shown by a standard highway mileage guide may be used as the basis for such claims, or actual mileage may be shown. The reimbursement request must show the points between which official travel was performed, the total mileage claimed if by private automobile, and the dates of travel. For further guidance, relevant portions of the Guide to Judiciary Policy, Vol. 19, Ch. 4 may be provided upon request.

      4. Fees for Service of Process. Attorneys may request reimbursement for fees for service of papers and the appearance of witnesses.

      5. Interpreter Services. Attorneys may request reimbursement for costs of interpreter services.

      6. Photocopying, Telephone Calls. Attorneys may request reimbursement for out-of-pocket expenses incurred for photocopying, photographs used in the case, toll calls, etc., only if costs were incurred outside the attorney's office and necessary to the preparation of the case.

   8. The Fund may not be used to reimburse attorneys for general office expenses, including office overhead, payroll, equipment depreciation, basic telephone service, etc.

   9. The Fund may not be used to reimburse expenses that may be statutorily recovered or costs or fees taxed against the party or attorney.

2. Requests for Reimbursement

   1. Requests for reimbursement from the Fund must be filed within 60 days of entry of judgment. If the attorney has withdrawn or been dismissed prior to the entry of judgment, the request for reimbursement must be filed within 60 days of withdrawal or dismissal.

   2. Requests for reimbursement from the Fund must be made on a form available on the Court's website and at all Clerk's Office locations in the Eastern District of Michigan. (Link to Reimbursement Form)

   3. Request for reimbursement must include a completed Preauthorization of Pro Bono Civil Expenses form, if applicable, and all documentation (e.g. receipts, invoices, travel documents, etc.).

Pro Bono Civil Expenses Reimbursement form

Presumptive Rates for Pro Bono Cases:

* Special qualifications or circumstances necessitating hourly rates in excess of those listed require the submission of an ex parte memorandum detailing the reasons justifying the higher rate. Such a memorandum does not guarantee the approval of the request.

Limited Scope Representation (LSR) is a legal arrangement under the Court's Local Rule 83.25(c) in which an attorney assists a pro se litigant with a specific portion or aspect of their case rather than representing them for the entire case.

• Appearance to Provide Limited Scope Representation

  After filing an ex parte motion for limited scope representation and obtaining leave of court, an attorney may appear on behalf of a litigant in a civil action for limited purposes. This is done by the attorney e-filing a Notice of Limited Appearance. The notice must specifically identify the components of the action in which the attorney will appear.

  Attorneys who are only assisting a litigant in preparing pleadings as authorized in the Michigan Rules of Professional Conduct 1.2(b)(1) and (2), do not need to file an appearance and need not sign the pleadings or other papers.

• Termination of Limited Scope Representation

  An attorney who has completed the LSR must file an ex parte motion certifying that the representation has been completed and seeking the termination of their appearance in the case. An attorney's representation continues until the court enters an order terminating the limited appearance.

• Examples of Limited Scope Legal Services

  Attorneys providing LSR might offer some or all these services:

  • Represent a litigant in court at a specific hearing or for only a certain motion

  • Research the litigant's legal issue and give legal advice

  • Prepare legal documents for litigant

  • Serve court papers on the other party

  • Negotiate or review a settlement agreement

  • Participate in depositions

  • Conduct discovery

• Time Commitment Involved

  The time commitment depends on the limited scope of your representation of the litigant. On average, the time commitment is about 20 hours.

Do I have to take on an entire case?

No. Although many attorneys do agree to represent the client for the entire case, attorneys may select to be involved in a more limited scope - such as assisting on a discrete motion, or for trial only.

Will the Court know if I decline to take a case?

No. Pro bono representation is completely voluntary, and attorneys can choose to take a case (or part of a case) entirely at their own convenience. Once signed up as a participant in the pro bono program, all attorneys are alerted to specific pro bono opportunities by periodic emails from the Court or can view a list of available opportunities on the website.

Will my expenses be reimbursed, even though my services are being provided for free?

The Court has a Non-Appropriated Fund, which is used to reimburse attorneys acting in connection with the Pro Bono Civil Assignment Panel for certain expenses associated with the evaluation, preparation, or presentation of civil actions in our Court. Attorneys can request reimbursement of up to $2,000 in expenses without seeking prior approval. Requests for reimbursement exceeding $2,000 require completing and submitting a Preauthorization of Pro Bono Civil Expenses form, which is located on the Court's website.

Is there any kind of training or mentoring that is provided to attorneys who handle pro bono cases?

The Court, sometimes in conjunction with the EDMI Chapter of the Federal Bar Association, often provides training on topics that frequently arise in pro bono cases. (Visit https://fbamich.org/ to view Events.)

For more information:

For more information, please email the program coordinator at probono@mied.uscourts.gov.