frequently asked questions
Why is there an Access to Justice Campaign:
What funding sources do civil legal aid organizations receive?
Funding for civil legal aid in Michigan comes from a variety of sources, including federal funding from the Legal Services Corporation, local, state, and federal government grants, filing fees, Interest on Lawyers’ Trust Accounts (IOLTA), United Ways, foundations, and the Access to Justice Campaign (ATJ Campaign).
Why is private funding important?
Private funding for civil legal aid is extremely important for two key reasons; flexibility and unlimited potential. Funding from the ATJ Campaign has fewer administrative restrictions and a less bureaucratic process for fulfillment than the other legal aid funding sources. This allows the 14 participating programs to have more flexibility and control over how they utilize the funding. ATJ Campaign dollars tend to go towards legal aid staff salaries, which are typically below the legal community’s average market value. The programs can also use ATJ Campaign funding for unexpected expenses that might impact their work.
Additionally, private funding for civil legal aid has limitless boundaries. Currently, ATJ Campaign funding helps to fill the gaps left by the other funding sources, however, there is no cap on how much private donors can give. This gives limitless potential for growth and a true pathway to bridging the justice gap.
Michigan has a voluntary pro bono standard. Can’t attorneys do pro bono work OR donate to satisfy the standard?
As adopted by the Michigan State Bar Representative Assembly, the Voluntary Pro Bono Standard suggests that lawyers can provide pro bono work or contribute a minimum of $300, or $500 for those lawyers whose incomes allow. The efforts of attorneys who take on pro bono work is very much appreciated. However, it does not have the power to independently resolve the great need for civil legal aid services by low-income people in Michigan. Financial assistance from the Michigan legal community increases the capacity of legal aid offices including the capacity to provide pro bono opportunities, and can thus help more families in need of legal assistance.
How do gifts to the Access to Justice Campaign make a difference:
Why should Michigan attorneys support civil legal aid and the ATJ Campaign?
Access to legal assistance is a critical element of a successful justice system. Legal aid levels the playing field and ensures fairness in the process. Without access to civil legal aid, low-income individuals and families would be unable to assert or defend their rights in court. Civil legal aid levels the playing field when individuals face life-altering challenges, such as the threat of losing their home, income, or protection from domestic violence. The foundation of our legal system is equal justice under the law, and all Michigan attorneys can promote this principle by supporting the ATJ Campaign and increasing resources for civil legal aid.
How are the funds given through the Campaign used?
ATJ Campaign funding is unrestricted money that can be used by the programs in accordance with standards and guidelines set forth in the ATJ Campaign Policies. All participating programs have the primary mission of providing civil legal services to indigent clients or to benefit indigent clients. Funds are used to further this mission.
Why should I give directly to the Access to Justice Campaign to support civil legal aid?
There are three main reasons Michigan attorneys and law firms should give directly to the ATJ Campaign.
- Equitable access to justice for low-income Michigan individuals should not be reliant on geography. The ATJ Campaign is a centralized fundraising effort that distributes funds based on regional poverty populations and statewide services provided. When you give to the ATJ Campaign, you can be certain that your gift will go towards the needs of all qualifying individuals and families throughout the state.
- The statewide centralized model of the ATJ Campaign makes substantive gains possible by increasing support for all the participating programs at the same rate. Historically, there have been different regional philanthropic landscapes and programs serving statewide needs competed against the regional programs for donations. The participating programs all benefit from donations to the campaign.
- Successful fundraising from the legal community will not be a competitive distraction for the individual programs. The ATJ Campaign takes on the fundraising effort of requests for support from the legal community. The programs no longer need to compete for firm and individual attorney giving.
I am a Fellow of the Michigan State Bar Foundation. How is my gift to the Access to Justice Campaign different than my contribution to the Fellows Program?
Fellows contributions support the Michigan State Bar Foundation. Fellows commit to a specific pledge amount and either pay that in full or pay over a period of time. Gifts to the ATJ Campaign are solicited annually and provide unrestricted support to 14 participating programs. The Michigan State Bar Foundation does not take any administrative costs from ATJ Campaign donations.
How do programs qualify to be a part of the Access to Justice Campaign:
How are the participating programs chosen?
As of 2024, 14 programs participate in the ATJ Campaign: six regional programs and eight statewide programs. To be chosen as a participating program a two-prong test was applied; (1) is civil legal services to indigent clients or to benefit indigent clients the primary mission; and (2) is the quality and quantity of the work being done in line with the purpose and goals of the Michigan State Bar Foundation. Chosen programs were given the option to participate. Programs not invited to participate are eligible to apply for project grants from the Michigan State Bar Foundation.
No new programs will be considered until all current programs are receiving more than their hold harmless amounts, the amount they were raising prior to the centralized campaign.
Can a program become unqualified to participate in the Access to Justice Campaign, and if so, what happens to their distribution?
Participating programs execute an Assurance of Compliance certifying that they meet the eligibility criteria outlined by the Michigan State Bar Foundation. Meeting the criterion is a condition precedent to the receipt of each ATJ Fund distribution. Participating programs remain eligible for the Campaign unless it is determined that there are quality issues, or the program does not demonstrate a commitment to collaborative fund development.
If a program is no longer eligible to participate, the lapsed program’s distribution amount is reallocated as follows:
- For a statewide program, the amount is redistributed within the pool of statewide programs.
- For a regional program, the amount remains within that region and is stewarded by a participating program within that region.
If all programs do not reach agreement about distribution for statewide programs and within regions with more than one participating program, the MSBF Board will make a decision about the distribution amounts.
What metrics are used to measure the success of the participating programs, and how often are the programs vetted?
The majority of the Participating programs are annual grantees of the Michigan State Bar Foundation and provide annual grantee reports to the MSBF. The Participating Program that is not an annual grantee provides an annual report of services that includes information about services provided, client stories, and an annual financial audit. In addition, MSBF evaluates grantee performance through peer reviews, a process where objective experts review the program.
How does the Access to Justice Campaign decide where and how the funds are distributed:
How much do each of the programs receive annually?
Distribution of ATJ Campaign funds is designed to create a legal services delivery system throughout the state that addresses regional services for low-income individuals and statewide needs for distinct communities.
ATJ Campaign distribution is allocated into two portions; 70% of the annual Campaign is designated to six regional programs, and 30% of the annual Campaign supports eight statewide programs.
Is there an amount guaranteed annually to each program?
Each program is guaranteed a hold harmless amount annually. A hold harmless amount is a minimum amount that a particular program can receive based on historical fundraising efforts by the program prior to fully participating in the Campaign. Each program will receive the greater of the program’s hold harmless amount or the amount pursuant to the distribution formula.
The hold harmless feature will remain in effect until the Campaign has raised more than the hold harmless provisions, not taking into account unique gifts such as cy pres awards, for each Participating Program for three consecutive years.
How often is the distribution plan calculated?
The regional distribution percentages are based on 125% of the federal poverty population, based on the American Community Survey 5-year Estimate at 125% of poverty level as available January 1 of the year in which the reassessment is made. It is reassessed every three years and has an upcoming reassessment schedule of:
- 2025, 2028, 2031
Statewide distribution is also reviewed every three years. The distribution percentages are reviewed by the ATJ Campaign Steering Committee and the Michigan State Bar Foundation. Statewide distribution has an upcoming reassessment schedule of:
- 2027, 2030, 2033
Reporting, Tax-Deductibility, and Donor Acknowledgement
Is my contribution tax-deductible?
The Michigan State Bar Foundation is a 501(c)(3) organization. If no goods or services were provided to you in exchange for your gift, your donation is tax deductible to the full extent allowed under the law.
Will I receive a formal acknowledgement and/or gift receipt for my contribution?
Yes, all donors receive a formal acknowledgement letter or a gift receipt, depending on the nature of the transaction. Gifts made online receive an automatically generated receipt. Gifts made online through annual license renewal and gifts mailed in receive a receipt delivered either by email if available or via USPS. Gifts given through means that preclude the necessity of a tax receipt receive gift acknowledgement letters.
How are donors recognized?
The Access to Justice Campaign has five recognition lists that are published annually in March, and donors are recognized on a calendar year basis. The lists are published in several online and print publications. The lists are as follows:
- Leadership Firm List – Recognizes firms of two or more attorneys at tiered levels beginning at $300 per attorney;
- Law Firm and Corporate Counsel List – Recognizes firms and corporate legal departments at tiered levels between $1,000 and $100,000+ based on total amount given to the Campaign;
- Individual List – Recognizes individual donors at tiered levels starting at $300;
- Gifts made in honor of or in memory of someone
- Firms directing cy pres awards to the Michigan State Bar Foundation
Other Types of Gifts and Awards
Other than cash, what types of gifts does the ATJ campaign accept?
The ATJ Campaign accepts gifts through various planned giving strategies as outlined on the How to Give page on the atjfund.org website.
Can cy pres be directed to the Access to Justice Campaign?
In 2019, the Michigan Supreme Court amended MCR 3.501 and stated that unless the judgement provided otherwise unclaimed funds shall be disbursed to the Michigan State Bar Foundation. Some cy pres awards that name the Michigan State Bar Foundation specify the Access to Justice Campaign by name. Additionally, cy Pres awards that name just the Michigan State Bar Foundation can be distributed through the Access to Justice Campaign.