Residual or cy pres funds from class actions provide critical financial support to the Massachusetts IOLTA Committee and the legal aid organizations and access to justice projects it funds.

(e) Where residual funds may remain, no judgment may enter or compromise be approved unless the plaintiff has given notice to the Massachusetts IOLTA Committee for the limited purpose of allowing the committee to be heard on whether it ought to be a recipient of any or all residual funds. The plaintiff shall provide such notice no later than 30 days prior to the entry of judgment or any hearing approving any compromise that creates residual funds. If no later than 10 days prior to the entry of judgment or such hearing, the court does not receive a certification by the plaintiff that the required notice has been provided to the Massachusetts IOLTA Committee, no judgment shall enter and any such hearing shall be continued to a date at least 30 days after the required notice has been provided and certification of such is submitted to the court.

The Reporter’s Notes clarify that the pre-hearing notice requirement is “intended also to include any hearing preliminarily approving any compromise that creates residual funds.” (Emphasis added). See the IOLTA Committee’s Cy Pres Fact Sheet for more information.

The IOLTA Committee funds non-profit organizations all over Massachusetts that provide civil legal services to residents who cannot afford an attorney. The IOLTA Committee also funds projects to improve the administration of justice, such as courthouse lawyer-for-the-day programs. Unlike criminal defendants, people facing serious civil legal problems—such as domestic violence, housing, health care, employment, government benefits, bankruptcy, and elder issues—do not typically have the right to an attorney if they cannot afford one.

Due to insufficient funding, legal aid organizations in Massachusetts that offer free legal representation are forced to turn away nearly half of eligible people seeking help. Since 2012, the IOLTA Committee has received more than $9 million in cy pres and other residual funds. These funds help shrink the justice gap by providing significant funding to nearly 100 legal organizations and projects across the Commonwealth every year

To learn more about how you can make an impact by directing cy pres and other residual awards to the Massachusetts IOLTA Committee, please contact executive director Jenna Miara at This email address is being protected from spambots. You need JavaScript enabled to view it. or 617-963-9093.