Case Status:

Case Filed: April 2017

Main Concern

Ensuring reasonable attorney fees awards for prevailing parties represented on a pro bono basis in Michigan courts.

Summary

DRM represented itself, the State Bar of Michigan, the Michigan State Planning Body, and the Legal Services Association of Michigan in an amicus brief in the Michigan Supreme Court asserting that the pro bono nature of an attorney’s representation in fee-shifting cases should never be a basis to reduce an otherwise reasonable attorney fees award. Amici also sought to clarify and expand the attorney fees standard in Michigan’s Freedom of Information Act (“FOIA”).

Outcome

Plaintiffs received a favorable decision from the Michigan Supreme Court in July 2023. In a 5-2 decision, the Court held that the pro bono nature of an attorney’s representation is never a basis to reduce an attorney fees award. The Court also clarified the FOIA’s “prevailing parties” standard.