“The Presence of Justice”: A Call to Expand the Humanitarian Exception in ABA Model Rule of Professional Conduct 1.8(e). This summer the American Bar Association amended Model Rule of Professional Conduct 1.8(e) to allow attorneys to give gifts to indigent pro bono clients. Although an important step that increases access to justice for the most vulnerable, it is too restrictive. People with meritorious claims but modest means are often forced out of the judicial system because they cannot afford basic necessities during protracted litigation. As states begin contemplating whether to adopt the new ABA amendment, this paper urges them to consider a broader humanitarian exception. Specifically, states should adopt a rule that allows attorneys to give or loan money to any existing litigation client in a financial emergency for basic necessities so that the client can withstand litigation. In support of this broader humanitarian exception, the paper initially establishes that it is the law profession’s responsibility to provide meaningful access to justice, and that this ideal is not being met. It then chronicles the history of Rule 1.8(e), pointing out that lawyer financial assistance for living expenses was allowed until the ABA ended the practice. It also categorizes the varying amendments to Rule 1.8(e) that a few states have adopted that allow attorneys to help clients stay in the system. It then highlights the problem of corporate defendants, mainly insurance companies, that draw out litigation because they have a financial incentive to do so, and why third-party consumer finance with its exorbitant interest rates and high fees is not a viable substitute for attorney financial assistance. Throughout the paper comparisons are made to other model rules of professional conduct that address similar, and often more severe, conflict concerns. These rules, which often benefit lawyers, regulate as opposed to ban the situation that could lead to a conflict. Thus, the proposed broader humanitarian exception regulates attorney financial assistance to clients for living expenses. It is based on state variations to Rule 1.8(e) and previous proposals by the drafters of the Restatement and Model Rules. It is limited to address conflict concerns but broad enough to allow practicing lawyers to follow their natural humanitarian instincts, fulfill their roles as protectors of all clients’ interests and of an equitable legal system, and not risk disciplinary action as many have, and would be willing to do, to help a client in need.