07-016
AMENDED PRO BONO PLAN OF THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF MICHIGAN IN COOPERATION WITH THE
WESTERN MICHIGAN CHAPTER OF THE FEDERAL BAR ASSOCIATION
GUIDELINES
1. Exclusive method of appointment: Appointment of counsel in pro se civil actions filed
in the United States District court for the Western District of Michigan shall be
accomplished pursuant to these guidelines.
2. Selection of Cases: The Pro Bono Plan has been established to attempt to secure pro
bono representation for litigants meeting the following criteria:
a. The litigant must be a party, in propria persona, in a civil action filed in the
United States District Court for the Western District of Michigan. Civil action
includes general civil and prisoner civil rights proceedings.
b. The litigant must have been granted leave to proceed in forma pauperis.
c. In deciding whether to appoint counsel, the Court is to consider the viability of the
litigant’s position. Before counsel is appointed, a district judge or magistrate
judge of this Court must determine that the best interests of justice would be
served by the appointment of counsel.
3. Referral of cases to the Pro Bono Plan: When a district judge or magistrate judge has
determined that appointment of an attorney pursuant to this program is warranted, the
matter will be referred to the designated Magistrate Judge pursuant to an administrative
order (form order attached). The designated Magistrate Judge, or his or her staff, will
attempt to appoint an attorney suitable for the case. Every effort will be made to appoint
an attorney who is located in the area where the case is to be tried.
a. Once an attorney has been identified to take the appointment, an order will be
issued by the designated Magistrate Judge appointing the attorney in that case
(form order attached).
b. Counsel shall have access to the court file and, at counsel’s request, shall be
provided with reasonable copies at no cost. Upon entry of the order appointing
the attorney, the attorney shall communicate promptly with the party and shall file
an appearance of counsel of record. The appointed attorney may withdraw from
the case only by leave of court.
Revised 12/06
4. Stay of proceedings until four weeks after appointment of counsel: At the time a litigant
is referred to the program, the Court will stay all proceedings in the action for a period of
four (4) weeks from the date a panel attorney is appointed by the Court to represent the
litigant. The purpose of this stay is to permit the panel attorney sufficient time to meet
and interview the client, review the case file, and conduct preliminary investigation and
legal research.
5. Status conference at the expiration of stay: Shortly before the expiration of the stay of
proceedings in a referred case, the Court shall conduct a status conference with all parties
represented. One purpose of the status conference shall be to consider whether expedited
discovery and/or proceedings are appropriate to facilitate efficient resolution of the case.
6. Advisory attorneys: Any panel attorney who wishes to consult with an attorney more
experienced in the type of litigation of the case referred through this program may be
assigned an “advisory attorney” from among a panel who are experienced in the
substantive area and who have litigated in federal court. The identity of the advisory
attorney shall not be revealed to the client, nor will the advisory attorney have direct
contact with, duty to, or an attorney-client relationship with the client, absent written
consent of the advisory attorney.
7. Cost reimbursement: Appropriate costs may be reimbursed from a fund administered by
the Grand Rapids Bar Association with the approval of a committee made up of two
designated members of the Federal Bar Association, Western Michigan Chapter, and the
designated Magistrate Judge, pursuant to the following conditions:
a. The committee shall be known as the Cost Reimbursement Fund Committee. The
Committee shall, in its sole discretion, determine whether costs and expenses
claimed are reasonable and necessary, and may authorize reimbursement of costs
and expenses, or a portion thereof. No more than Five Thousand Dollars
($5,000.00) will be available for reimbursement from the fund in any one case,
absent the unanimous approval from the committee for good cause shown. The
Committee shall not approve reimbursement for any amount not presently
available in the fund.
b. Reimbursable costs may include, but shall not be limited to, amounts reasonably
and necessarily spent on:
i. depositions
ii. copying
iii. service of process and delivery service
iv. expert consultant and witness fees, if any
v. long distance telephone calls
vi. reasonable investigation expenses
vii. mileage
viii. filing fees.
Revised 12/06
c. Nothing shall prevent the party from seeking an award of fees, expenses and costs
as provided by law. If costs and/or expenses are reimbursed by court order, or by
a settlement agreement, the party will be required to reimburse costs and expenses
paid from the cost reimbursement fund. Priority will be given to reimbursing
costs and expenses paid from the cost reimbursement fund.
d. The panel attorney is encouraged to seek prior approval from the Cost
Reimbursement Fund Committee for costs and expenses. In addition, the party
may seek payment in advance for costs upon approval from the Cost
Reimbursement Fund Committee.
8. Training: The Federal Bar Association, Western Michigan Chapter, may conduct
periodic training for members of the pro bono panel.
9. The designated Magistrate Judge shall be responsible for providing to the Federal Bar
Association, Western Michigan Chapter, and the judges of the United States District
Court for the Western District of Michigan quarterly reports indicating the number of
attorneys appointed pursuant to the plan, the types of cases being referred, the judges who
have utilized the plan, and the costs and expenses which have been reimbursed.
10. Attorney’s Fees: Counsel may be compensated with an award of attorney’s fees as
allowed by law. Any proposed judgment or settlement agreement is to be approved by
the Court and shall provide that first priority shall be given to reimbursement of the cost
reimbursement fund. Any award of attorney’s fees pursuant to judgment or settlement
must be approved by the Court. The Court may provide that a portion of the attorney’s
fees awarded shall be contributed to the cost reimbursement fund.
11. Nothing in these guidelines shall be deemed to create any rights on behalf of any litigant
to legal representation, or any rights on behalf of any litigant or attorney to
reimbursement for costs, fees or expenses connected with the litigation.
Revised 12/06
