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Michigan Ethics Opinions 10/88-6/07 Index
This Index
includes:
- All ethics opinions released from October 2, 1988,
through June 2007.
- Formal ethics opinions interpreting the former Michigan
Code of Professional Responsibility.
- Judicial Tenure Commission Advisory
Opinions.
- Michigan Supreme Court cases involving lawyer and judicial
discipline.
- Essays and Articles from the Michigan Bar Journal
Opinions interpreting the Michigan Rules of Professional
Conduct are denoted "R" for formal opinions and "RI" for
informal opinions. Opinions interpreting the Michigan Code of Judicial
Conduct are denoted "J" for formal opinions and "JI" for
informal opinions. Formal opinions interpreting the former Michigan
Code of Professional Responsibility are denoted "C". Advisory
Opinions of the Judicial Tenure Commission are denoted "A/O".
Articles published in the Michigan Bar Journal are cited "[volume]
MBJ [page] (date)".
Copyright held by State Bar of Michigan
All Rights Reserved
Notice to Lawyers:
State Bar of Michigan ethics opinions are advisory and non-binding in nature.
This index is a complete historical catalog. Some of the listed ethics opinions,
though not expressly superseded in subsequent ethics opinions, may be nonetheless
outmoded or no longer sound due to subsequent changes in case law, statutes,
or court rules. Practitioners are urged to thoroughly research all sources
to determine the current validity of any given ethics opinion.
The following citation
abbreviations are used in this Index.
| "A/O"
|
Opinions
issued by the Judicial Tenure Commission interpreting the Michigan
Code of Judicial Conduct |
| "C"
|
Formal
ethics opinions interpreting the Michigan Code of Professional Responsibility |
| "CI"
|
Informal
ethics opinions interpreting the Michigan Code of Professional Responsibility |
| "J"
|
Formal
ethics opinions interpreting the Michigan Code of Judicial Conduct |
| "JI" |
Informal
ethics opinions interpreting the Michigan Code of Judicial Conduct |
| "MBJ" |
The
Michigan Bar Journal, monthly publication of the State Bar |
| "R"
|
Formal
ethics opinions interpreting the Michigan Rules of Professional
Conduct |
| "RI" |
Informal
ethics opinions interpreting the Michigan Rules of Professional
Conduct |
| "Op"
|
Opinions
interpreting the former Canons of Professional Ethics or the former
Canons of Judicial Ethics. |
Click
here to use the "quickfind" by opinion number or to search
the full text of our ethics opinion collection
For the researcher's
convenience, this list is provided to show the topics used for indexing
authorities in this volume.
INDEX
Abuse
of Judicial Office
See also Misconduct back
to list
Abuse
of contempt power
|
In
the Matter of Hague, 412 Mich 532 (1982)
In re Seitz, 441 Mich 590 (1993) |
| Advancing
business interests of others |
JI-48,JI-52,JI-55,JI-64,JI-65
A/O 47,A/O 97
|
|
Advancing personal interests of others |
JI-15,JI-41,JI-47 |
| Family
relationships influencing judicial judgment |
In
the Matter of Tschirhart, 420 Mich 1201 (1984) |
| Humiliating
Chief Judge Pro Tem and other court personnel |
In
re Seitz, 441 Mich 590 (1993) |
|
Improper termination of public defender contract |
In
the Matter of Bennett, 403 Mich 178 (1978) |
| Jury
records used for judge's election mailings |
JI-104 |
| Perpetual
recusal due to animosity toward advocate |
JI-44 |
| Vulgar
and discourteous behavior while serving as judge |
In
the Matter of Frankel, 414 Mich 1109 (1982)
In re Seitz, 441 Mich 590 (1993) |
Administration
of Justice, Conduct Prejudicial to
See also Appearance of Impropriety, Bias back
to list
--Judicial Conduct
| Abuse
of contempt power |
In
the Matter of Hague, 412 Mich 532 (1982)
In re Seitz, 441 Mich 590 (1993) |
|
Accepting and soliciting bribes |
In re Jenkins, 457 Mich 15 (1991) |
| Disobeying
orders of higher court |
In
the Matter of Hague, 412 Mich 532 (1982) |
| Humiliating
another judge and other court personnel |
In re Seitz, 441 Mich 590 (1993) |
| Improper
disqualification of advocates |
In
the Matter of Hague, 412 Mich 532 (1982) |
| Irascibility
and irrational behavior |
In re Crowell,
379 So2d 107 (Fla 1979)
In re Seitz, 441 Mich 590 (1993)
|
| Public
comment by judge about arrest and acquittal |
In
the Matter of Tschirhart, 420 Mich 1201 (1984) |
| Recusal
in order to negotiate employment |
RI-11 |
|
Unauthorized practice of law, duty to prevent |
JI-26 |
--Lawyer Conduct
|
Administrative
proceedings, lawyer's truthfulness concerning
professional status
|
RI-55,RI-283 |
| Agreement
not to report misconduct |
RI-88,RI-220,RI-232 |
|
Appearance of collusion between parties |
RI-66 |
|
Contacts with presiding judge off the record |
RI-243 |
|
Copying presiding judge on substantive matters |
RI-243 |
|
Inconsistent testimony of client |
RI-33 |
|
Negotiating settlement with represented party |
RI-145 |
|
Pretrial
discovery proceedings, lawyer's duty to reveal false nature
of evidence
|
RI-56 |
|
Rejecting court appointment |
C-210 |
| Substantive
contacts with presiding judge off the record |
RI-243 |
| Withdrawal
as next friend when sued by ward |
RI-170 |
Administrative
Agency Practice
See also Administrative Hearing Officer back
to list
| City
attorney acting as hearing officer |
RI-129 |
| Confidentiality
of consultation under agency program |
RI-103 |
|
Contacting
employees and former employees of opposing party in
workers' compensation case
|
RI-120 |
| Duties
of nonlawyer advocates |
RI-103 |
| File
data not in official record |
RI-166 |
| Government
program advocate |
RI-103 |
| Interference
with advocate's independent professional judgment |
RI-103 |
| Judge
representing or consulting for party |
A/O
10 |
| Lawyer
appearing as nonlawyer representative of party |
RI-55 |
|
Lawyer's duties
when employee legal assistant appears
on behalf of parties
|
RI-125 |
| Lawyer's
spouse elected to municipality |
RI-289 |
|
Lawyer's truthfulness as to professional status |
RI-55 |
| Legal
assistant appearing on behalf of party |
RI-125 |
| Nonlawyer
advocates held to lawyer ethics rules |
RI-103 |
|
Nonlawyer assistance to party |
C-239,RI-103
State Bar v Galloway, 124 Mich App 271 (1983), 422 Mich
188 (1985) |
| Nonlawyer
representative before agency |
C-239,RI-103
State Bar v Galloway, 124 Mich App 271 (1983), 422 Mich 188
(1985) |
| Person
appearing on behalf of party disclosing lawyer status |
RI-55 |
|
Prejudice
to case when hearing officer exposed to data outside
the official record
|
RI-166 |
Administrative
Duties of Judicial Officers
See Supervisory Duties back
to list
Administrative
Hearing Officer
| File
data not in official record, effect on disqualification |
RI-166 |
| Grievance
filing necessitates recusal |
JI-123 |
| "Issuing
support order - subsequent representation" |
RI-288 |
| Law
practice by |
RI-110,RI-129 |
| Letterhead
showing public office |
RI-129 |
| "Matters" affecting ability to
negotiate employment |
RI-11 |
|
Negotiating
employment with firm which is a party before
hearing officer
|
RI-11 |
|
"Personal
and substantial" participation in matter limits
private practice
|
RI-11 |
|
"Personal
and substantial" participation in matter results
in disqualification
|
RI-11 |
|
Presiding
in cases in which employee of law firm's client appear
|
In
re Schlossberg v State Bar Grievance Board, 388 Mich 389 (1972) |
|
Preventing unauthorized practice of law |
C-239 |
| Recusal
when officer files grievance against lawyer |
JI-123 |
| "Representing
client - issued support order" |
RI-288 |
| Tainted
by access to data outside the record |
RI-166 |
| Withdrawal
from case to negotiate employment |
RI-11 |
Admission
to the Bar
State
Bar Membership Services offers a compilation of materials on this subject.
See also
Unauthorized Practice of Law back
to list
| Character
and fitness determinations |
75
MBJ 682 (Jul 1996) |
|
Discipline
imposed when admission misconduct discovered
|
State
Bar Grievance Administrator v Del Rio, 407 Mich 336 (1979) |
| Duty
to report law student misconduct |
RI-29 |
| False
information submitted to admission authority |
State
Bar Grievance Administrator v Del Rio, 407 Mich 336 (1979) |
|
Imputed disqualification
of hiring firm when transferring from
nonlaw employment
|
RI-285 |
| Pro
hac vice admission for a particular matter |
*70
MBJ 1074 (Oct 1991) |
| Recertification |
Yashinsky
v Board of Law Examiners, 539 NW2d 378 (1995) |
| Reporting
law student activity |
RI-29 |
| Representing
bar applicants while serving on admissions committee |
RI-194 |
| Unlicensed
graduates |
*71
MBJ 1061 (Oct 1992) |
Advancing
Funds to Client
| Advancing
client proceeds from operating account |
RI-189 |
| Advancing court-imposed fines and costs |
RI-333 |
| Agreement
with venture capital company |
RI-321 |
| Allocating
attorney fees to class action clients |
RI-324 |
|
Attorney fees allocated to class action clients |
RI-324 |
| By
lawyers employed in legal service organizations |
RI-14 |
| Charging
lien |
RI-86 |
| Departing
lawyer's responsibility for |
RI-86 |
| Disbursement
from operating account to avoid trust account |
RI-189 |
| Financing costs via loan |
RI-336 |
| Fines and costs advanced by law |
RI-333 |
| Indigent
client |
RI-14 |
| Living
and medical expenses to indigent client |
RI-14 |
| Loan from third-party vendor |
RI-336 |
| Security
for court costs for indigent client |
RI-91 |
| Venture
capital company advancing funds |
RI-321 |
Adverse
Parties
See also
Contact with Represented Persons, Discovery back
to list
| Client
contact with opposing party |
RI-171 |
| Complaining
witness in criminal case contacted by defense attorneys |
RI-302 |
| Contact
with former corporate employees |
R-2,RI-120 |
| Contact
with lower level corporate employees |
R-2,RI-120 |
| Contacting
by letter with copy to lawyer |
RI-322 |
| Copy
of letter to lawyer |
RI-322 |
| Counseling
client to contact opposing party |
RI-171 |
| Defense
attorney contacting complaining witness |
RI-302 |
| Interviewing
employees of corporate party |
R-2 |
|
Judge presiding
in unrelated matter in which party opponent
appears as advocate
|
R-15 |
| Lawyer
as witness for |
RI-21 |
|
Prosecutor
not allowing complaining witness to talk with
defense attorneys
|
RI-302 |
| Scope
of corporation "party" |
R-2 |
| Settlement
discussions between parties |
RI-171 |
Advertising
See also Business Interests, Dual Practice, Firm Names, Letterhead,
Solicitation, Trade Name back
to list
--Judicial Campaigns
| City
employees displaying campaign signs |
A/O
57 |
| Criticism
of sitting judges |
C-219,JI-4 |
| Criticism
of existing law |
C-227 |
| Discussing position on political or
legal issues |
JI-131 |
| Endorsement
from sitting judge |
JI-95 |
| Incumbency,
inference when not fact |
A/O
51,A/O 104 |
| In
political party ad book |
JI-36 |
| Listing
in non-approved directories |
C-209 |
| Literature
at political candidate's event |
JI-93 |
| Misleading
campaign ad placing decision-making blame |
JI-4 |
| Name
recognition |
JI-74 |
| Picture
in robes when not incumbent |
A/O
51 |
| Placing
advertisement in nonjudicial candidate's literature |
A/O 20 |
| Pledges
in judicial campaign |
JI-131 |
| Political
candidate's literature at judicial candidate event |
JI-93 |
| Political
endorsement of judge's candidacy |
JI-11 |
| Space
donated in nonjudicial candidate's literature |
A/O
20 |
| Sponsorship
of youth sports team |
JI-58 |
| "Strict
sentencing philosophy" slogan |
C-219 |
--Lawyer
| Academic credentials
|
RI-212 |
| "Affiliation" must be defined for clarity |
RI-200 |
| "Affordable" services |
RI-244 |
| Ancillary services |
RI-105,RI-135 |
|
Announcements
sent to former firm's clients
|
RI-49, *76
MBJ 84 (Jan 1997),69 MBJ 154 (Feb 1990) |
| Areas of practice
|
C-232,R-18,RI-142,*70
MBJ 72 (Jan 1991) |
| Bankruptcy
specialty designation |
RI-142 |
| Booth outside
co-sponsored seminar |
RI-99 |
| Computer technology
|
RI-276 |
| Consultation
charges |
RI-244 |
| Credentials
of lawyers |
R-18 |
| Direct mail
|
C-218 |
| Discounts for
special services |
RI-164,RI-229 |
| Donation of
fee for charitable service |
RI-163 |
| Dual professions
|
RI-212 |
| Duty to review
referral service marketing plan |
R-6,R-8,RI-7,RI-24,RI-31 |
|
Failure to
remove lawyer listings from phone directory after discipline
|
State Bar
Grievance Administrator v Freedman, 406 Mich 256 (1979) |
| Fee information
|
RI-244 |
| Firm name as
part of franchise |
RI-130 |
| Firm name including
historical building where firm located |
RI-173 |
| Firm name including
out-of-state lawyer |
RI-144 |
| Firm name including
retired shareholder |
RI-90 |
| Firm name inferring
multiple offices |
RI-246 |
| Firm name,
PLLC designation |
R-17 |
| Free legal
seminar |
RI-81 |
| Group advertising
plan |
R-18,RI-9,RI-200 |
| Internet use
|
RI-276 |
| "Law Offices" inferring more than one office |
RI-246 |
| Lawyer communications
regarding "specialties" |
*70 MBJ 72
(Jan 1991) |
| Lawyer Referral Services vs. Adversing Service |
RI-340 |
| Lawyer's name
not required in ad |
RI-221 |
| Letter regarding
lawyer's services in "newcomer" packets |
RI-169 |
| Marketing by
independent contractor |
R-6,R-8,R-18,RI-9 |
| Misleading
ads |
R-18,RI-9,RI-221,RI-246 |
| Misleading
ads, inferring more than one lawyer |
RI-221,RI-246 |
| Name of lawyer
in group ad |
RI-9 |
| "No fee unless
recovery" |
C-238,RI-9 |
| "Of counsel" relationships |
RI-102,RI-236,A/O
80 |
| Office presence
without staffing |
RI-246 |
| Patent law
practice |
RI-144,RI-167 |
| Prosecutor's
appearance as public official in pro bono case |
RI-283 |
| Public official
in law firm |
RI-236 |
| Referral service
participation |
70 MBJ 146
(Feb 1991) |
|
"Specialties"
|
C-232,RI-142,RI-167,*70
MBJ 72 (Jan 1991); Peel v Ill Atty Reg and Dis Comm, 496
US 91 (1990) |
|
SuperLawyer
|
RI-341 |
|
Telephone
directory listings after discipline imposed
|
State Bar
Grievance Administrator v Freedman, 406 Mich 256 (1979) |
| Television
ads |
R-18 |
| Third party
advertising lawyer's services as incentive to members |
RI-147 |
| Trade name
|
C-231,R-18,RI-16,RI-130,RI-221 |
| Welcome Wagon
participation |
C-221 |
| Unassociated
lawyers |
C-230 |
--Nonlawyers
| Advertising
lawyer discount as incentive for membership |
RI-147 |
| Ancillary
services |
RI-105,RI-135 |
| Announcement
of nonlawyer appraiser joining law firm |
RI-105 |
| Appraiser
employed at law firm |
RI-105 |
| Chamber
of Commerce advertising lawyer discount |
RI-147 |
| Church
advertising lawyer discount |
RI-229 |
| Duty
to review advertising |
R-6,R-8 |
| Lawyer
discount used as membership incentive |
RI-147 |
| Insurance
customers |
RI-135 |
| Recommending
services of particular lawyer |
R-18,RI-147 |
| Telephone
listing separate from law firm prohibited |
RI-105 |
Advice
to Client
See also
Decision-Making of Client, Scope of Representation back
to list
| Alternate
dispute resolution options |
RI-262 |
| Arbitration
clause in fee agreement |
RI-2 |
| Asking
for appointment as personal representative |
RI-291 |
| Discharge
of lawyer |
*74
MBJ 822 (Aug 1995) |
| Duty
to advise on ADR options |
RI-262 |
| Initial
consultation triggering disqualification |
RI-048 |
| Lawyer
fiduciary making legal decisions for ward |
RI-213 |
| Lawyer's
nonlaw business agent |
RI-190,RI-191,RI-275 |
| Legal
services staff reduction |
RI-252 |
| Limited
by lawyer's contract with presiding court |
JI-50 |
| Limited
by third party payor of fee |
RI-132 |
|
"Living will" and health care directive information
presented at seminar
|
RI-141 |
| Not
to discuss litigation with adverse party |
R-2 |
| On
advisability of arbitration clause in fee agreement |
RI-2 |
|
Pursuit of
cause of action for minor
|
RI-140 |
| Representing
client on unrelated matters when client is fugitive |
RI-160 |
| Successor
counsel's conduct |
RI-202 |
Advice
to Third Person
| Advising
interested persons to seek independent counsel |
R-10 |
| Corporate
employees not to discuss litigation |
R-2 |
| Duty
to convey offer to resolve through |
ADR
RI-255 |
| Negotiating
settlement with opposing party |
RI-145 |
| Parent
consulted when representing minor child |
RI-140 |
| Requesting
employees not to discuss litigation |
R-2 |
Alcohol
Abuse
| By
judicial officer |
In
re Somers, 384 Mich 320 (1971), In the Matter of Sobotka,
421 Mich 1201 (1985) |
Alternate
Dispute Resoultion
--Adjudicators
| Adjudicators
representing former parties in matter |
RI-235 |
| Advising
unrepresented party |
RI-256 |
| Advocacy
by adjudicator |
RI-274 |
| Arbitrator
is retired judge |
JI-28 |
| Conciliation
proceedings handled by judge |
JI-69 |
| Conflicts
of arbitrators |
JI-28,RI-268,RI-271 |
| Disclosures
to parties |
RI-268,RI-271 |
| Ex
parte contacts with adjudicators |
RI-274 |
| Judge
participating |
JI-28,JI-69,A/O
28,A/O 34,A/O 73,A/O 91,A/O 94 |
| Judge
serving on "Commission to Take Testimony" |
A/O
2 |
| Mediator
drafting parties' agreement |
RI-278 |
| Mediator
subsequently representing party |
RI-235 |
| Mediator
subsequently serving as arbitrator in same matter |
RI-265 |
| Party-nominated
adjudicator |
RI-271,RI-274 |
| Retired
judge serving as arbitrator |
JI-28 |
--Advocates
| Duty
to advise on ADR option |
RI-262 |
|
Duty to convey offer to resolve through ADR |
RI-255 |
| Limiting
liability of lawyer |
RI-2 |
| Party
represented by matter's former mediator |
RI-235 |
| Testimony
from |
RI-264 |
| Withdrawal
when clients dispute acceptance of mediation award |
RI-134 |
--Decisions
| Calculation
of mediation sanctions |
Bennett,
et al v Weitz et al (Dec 1996)
Vol 73 MBJ 1085 (Oct 1994) |
| Coercing
civil settlements |
RI-78 |
| Decisions
about settlement |
RI-76 |
| Forcing
settlement on disabled client |
RI-76 |
| Mediation
award, multiple clients |
RI-134 |
| Multiple
clients, accepting mediation award |
RI-134 |
|
Negotiating settlement of merits and attorney fee concurrently |
C-235 |
|
Plea bargain, defense counsel duty to remind prosecutor |
RI-165 |
| Settlement
offers, client decision on |
RI-76 |
--Establishing
Business
| Independent
of law practice |
RI-275 |
| Materially
limiting service to law clients |
RI-275 |
| Nonlaw
business owned by lawyer |
RI-263,RI-275 |
| Servicing
clients of lawyer/owner |
RI-275 |
| Servicing
clients of opponents of lawyer/owner |
RI-275 |
| Waiver
of liability clause |
RI-263 |
--Ethics Rule
Application
| Eligibility
of adjudicators |
RI-265 |
| Ex
parte contacts with adjudicators |
RI-274 |
| Record
retention of arbitrator not governed by ethics rules |
RI-188 |
--Procedures
| Advocacy
by adjudicator |
RI-274 |
| Disclosures
of adjudicator outside interest |
RI-268,RI-271 |
| Duty
to convey offer to resolve through ADR |
RI-255 |
| Ex
parte contacts with adjudicators |
RI-274 |
| Recordkeeping
|
RI-188 |
--Terms
| Agreement
requiring client/lawyer dispute arbitration |
RI-257 |
| Agreement
requiring fee arbitration |
RI-2,RI-196,RI-257 |
| Arbitration
of attorney fees |
RI-2,RI-196 |
| Duty
to advise on ADR options |
RI-262 |
| Fee
arbitration as condition of representation |
RI-2,RI-196 |
| Fees,
negotiating as part of settlement |
C-235 |
| Independent
advice on accepting arbitration clause |
RI-2,RI-196 |
| Limiting
advice to specific settlement proposal |
RI-132 |
| Requirement
in attorney/client fee agreement |
RI-2,RI-196 |
| Statutory
attorney fees |
C-235 |
--Types of Matters
| Client/lawyer
disputes |
RI-257 |
| Fees
|
RI-2,RI-196 |
| Environmental
law class action matter |
RI-132 |
Ancillary
Services
See also Business Interests, Dual Practice, Office Sharing
back to list
| Advertising
|
RI-105,RI-135 |
| Alternate
dispute resolution services |
RI-263,RI-275 |
|
Confidentiality
of communications from users of law firm nonlaw
services
|
RI-187 |
| Consulting
arrangement with nonlawyer tax appeals expert |
RI-104 |
| Document
preparation service |
RI-191 |
| Financial
services |
RI-73 |
| Insurance
sales |
RI-135 |
| Lobbyist
employee of law firm |
RI-187 |
| Psychology
and law practice |
RI-212 |
| Telephone
listing separate from law firm |
RI-105 |
| Title
insurance business |
RI-5 |
Appeals
| Charging
For |
R-11 |
|
Client refuses
to pay for appeal or accept settlement, seeking
protective order for client
|
RI-76 |
| Client's
untruthful trial testimony |
RI-273 |
| Consolidation
of conflicting cases on appeal |
RI-108 |
| Continuing
representation - now employed by prosecutor's office |
RI-295 |
| Criminal
representation - lawyer now at prosecutor's office |
RI-295 |
| Disclosure
of client's fraudulent acts to retrial counsel |
RI-209 |
| Duty
to take appeal when agreement silent |
R-11 |
Appearance
of Impropriety
See also
Administration of Justice, Conflicts of Interest, Disqualification back
to list
|
Advancing
business interests of particular company
|
A/O
47 |
|
Appearance
by judge's personal lawyer in unrelated matter
|
J-5,J-6,
JI-39,JI-43,R-14 |
|
Bias in assignment
of indigent cases
|
In the
Matter of Lawrence, 417 Mich 248 (1983)
|
| Campaign
contributions, unusually large |
JI-2 |
| Character
reference from judge |
JI-41,A/O
67 |
| Disqualification
of part-time domestic relations referee |
RI-1 |
| Disqualification
of judge - firm purchasing judge's former practice |
JI-118 |
|
Disqualification
of judge when cohabiting with or dating advocate
or party
|
J-6,R-3 |
|
Disqualification
of judge for personal acquaintance with advocate
or party
|
JI-44 |
|
Disqualification
of judge who was former prosecutor
|
People
v Hampton, 184 Mich App 434 (1990) |
|
Favoritism
by judge in remitting bail bond money
|
In the
Matter of Laster, 404 Mich 449 (1979)
|
|
Financial
interest between presiding judge and advocate
|
C-228,J-4,J-6,JI-6,JI-13,People
v Perkins, 193 Mich App 209 (1992)
|
|
Free legal
services, judge accepting
|
In the
Matter of Lawrence, 417 Mich 248 (1983)
|
| Investment
club membership by judge |
JI-119
|
| Judge
present in courtroom as moral support for party |
JI-15 |
| Judge
as member of investment club with lawyers |
JI-119 |
| Judge
attending political party fundraiser |
JI-115 |
| Judge
encouraging pro bono activities |
J-7 |
| Judge
participating in "lockup for charity" |
JI-125 |
| Judge
serving as moderator at debate |
JI-121 |
| Judge
setting "bail for charity" |
JI-125 |
| Law
firm buying judge's former practice appearing before judge |
JI-118 |
| Lawyer
who could be called as witness |
RI-297 |
| Lawyers
asked to participate in pro bono activities |
J-7 |
| Leasing
space to lawyers, judge as landlord |
JI-6 |
|
Liquor license,
interest held by judge
|
In the
Matter of Lawrence, 417 Mich 248 (1983)
|
| Negotiating
employment with advocate's firm |
JI-35 |
| Part-time
referee engaging in law practice |
JI-126 |
| Part-time
referee hearing matters presented by former law firm |
RI-1 |
| "Perpetual
recusal" of judge for personal dislike of advocate |
JI-44 |
| Personal
acquaintance of judge requiring disqualification |
JI-44 |
| Political
party inviting judge to attend dinner |
JI-115 |
| Pro
bono solicitation by judge |
J-7 |
| Potential
of lawyer as witness |
RI-297 |
| Presiding
over matters presented by appointee |
JI-29 |
| Referee
who also practices law before own court |
JI-126 |
| Referrals
to organization of which judge is board member |
JI-64,A/O
59 |
| Representing
client - issued support order as magistrate |
RI-288 |
| Solicitation
of funds by judge for charity |
J-1,JI-3,JI-33 |
| Soliciting
pro bono participation |
J-7 |
| Spouse of judge is assistant prosecutor |
JI-101, JI-132, JI-133 |
| Spouse
of judge leasing space to lawyers |
JI-13 |
|
Spouse of
judge preparing income tax returns for others in
judge's former office
|
A/O
5 |
|
Under the
influence of alcohol on the bench
|
In re Somers,
384 Mich 320 (1971)
|
| Unusually
large campaign contributions |
JI-2 |
| Using
office to benefit friends |
In
the Matter of Del Rio, 400 Mich 665 (1977) |
| Vulgar
and obscene language used by judge |
In
the Matter of Bennett, 403 Mich 178 (1978) |
Appointments
See also
Guardianship back to
list
|
Commissioner
representing indigent defendants in courts within
budget control
|
R-15 |
| Contract
for defense services |
RI-253 |
| Contract
for public guardian or conservator |
RI-213 |
| County establishing two public defender
offices |
RI-334 |
| Court
appointments of lawyer/tenants of judge |
A/O
40 |
| Court
appointment of former prosecutor for defense services |
RI-253 |
| Defense
contract bid by former prosecutor |
RI-253 |
| Guardian
ad litem related to public employees |
RI-250 |
| Guardian
ad litem subsequent representation in matter |
RI-227 |
| Public defender-county establishing
two groups |
RI-334
|
| Recommendation
to governor on judicial appointment |
A/O 55 |
| Rejecting
court appointment to represent client |
C-210 |
| Relatives
of guardian ad litem in justice system |
RI-250 |
| Withdrawing
from court appointed case |
C-210 |
Arbitration
See Alternate
Dispute Resolution back
to list
Association
with Nonlawyer
See Ancillary Services, Division of Fees, Dual Practice, Law Firms,
Nonlawyers, Unauthorized Practice of Law back
to list
Attorney-Client
Privilege
See also Confidences, Misconduct, Secrets back
to list
--Disclosure
| Access
to computer records by technical support personnel |
RI-328 |
| Accounts
receivable of law firm for bank loan |
RI-77 |
| By
corporate employees to corporate counsel |
R-2 |
| Client
behavior |
RI-261 |
| Client
fee information |
RI-54,RI-73;75
MBJ 822 (Aug 1996) |
| Client
identity |
RI-54 |
| Client
location |
RI-160 |
| Computer-stored
information access by technical support |
RI-328 |
| Corporate
employee home addresses |
R-2 |
| Death
of client, survival of privilege |
77
MBJ 1222 (Nov. 98) |
| Disclosure
of client information to credit reporting agency |
RI-335 |
| Disclosure
of client information to legal services corporation |
RI-311 |
| Disclosure
of information to regulatory authorities |
RI-111 |
| Disclosure
to successor counsel of client's fraudulent acts |
RI-209 |
| Duty
to rectify suspected client perjury |
RI-13,RI-33,RI-151,RI-272 |
| Employee
home addresses |
R-2 |
| Fee
information |
RI-54,RI-73,75
MBJ 822 (Aug 1996) |
| False
pleadings prepared from client information |
RI-184 |
| Former
client information |
JI-32,RI-106,RI-207 |
| Fraud
or illegal act |
RI-106,RI-184,RI-209 |
| Guardian
ad litem report to court |
RI-318 |
| Identity
of former client |
RI-207 |
| Illegal
act of client |
RI-72,RI-111,RI-151,RI-160 |
| Illegal
act of former client |
RI-106,RI-138 |
| Inaccurate,
truthful testimony of client |
RI-272 |
| Inadvertent
disclosure |
75
MBJ 418 (May 1996) |
| Inconsistent
testimony of client |
RI-33 |
| Information
in settlement negotiations |
RI-217,RI-220,RI-232 |
| In
house counsel giving recommendations to CEO |
RI-300 |
| Legal
services corporation-disclosing client information |
RI-311 |
| Misconduct
by lawyer, duty to report |
C-229,RI-88,RI-220 |
| Misconduct
of lawyer obtained in client relationship |
RI-232 |
| Observations
of client conduct |
RI-261 |
| Perjury
of client |
RI-13,RI-33,RI-138,RI-151 |
| Perjury,
suspicion insufficient for disclosure |
RI-13,RI-33 |
| Preparing
written guardian ad litem report to court |
RI-318 |
| Privileged
information concerning former client |
JI-32 |
| Privileged
information concerning lawyer misconduct |
RI-314 |
| Reporting
client information to legal services corporation |
RI-311 |
|
Reporting
lawyer misconduct
|
C-229,RI-88,RI-101,RI-220,RI-232,
RI-314, *70 MBJ 698 (Jul 1991) |
| Reporting
to court on representation as guardian ad litem |
RI-318 |
| Security
interest in firm's accounts receivable |
RI-77 |
| Subordinate
lawyer disclosing information to supervising lawyer |
RI-300 |
| Supervising
lawyer who is subject to review by subordinate lawyer |
RI-300 |
| Survival
of privilege after death of client |
77
MBJ 1222 (Nov. 98) |
| Suspicion
of client perjury insufficient |
RI-13,RI-33 |
| Suspicion
of client fraud insufficient |
RI-156 |
| Technical
support personnel access to computer records |
RI-328 |
| Title
defects when drafting quitclaim deeds |
RI-157 |
| Truthful,
inaccurate testimony of client |
RI-272 |
| Volunteering
information about former client |
RI-106 |
| Wrongful
discharge suit, lawyer employee |
*74
MBJ 54 (Jan 1995) |
--Nature of Duties
| Corporate
employees and inside counsel |
R-2 |
| Death
of client Ð survival of privilege |
MBJ
___ (Nov 98) |
| Deposition
response |
JI-32 |
| Effect
of discharge of lawyer on client perjury |
RI-13 |
| Firm
of transferring lawyer, duty to protect |
R-4 |
| Initial
interview conducted by nonlawyer employee |
RI-123 |
| Judge
asked for privileged information concerning former client |
JI-32 |
| Rectifying
client misconduct |
RI-13,RI-33,RI-151,RI-272,RI-273 |
| Services
used in furtherance of client illegal act |
RI-273 |
| Subpoena
for client information |
RI-106 |
|
Survival of privilege after death of client |
MBJ
____ (Nov 98) |
| Transferring
lawyer's duty to protect |
R-4 |
| Waiver
to defend lawyer in grievance proceedings |
RI-84 |
Attorney-Client
Relationship
See also
Winding Up Law Practice back
to list
| Accepting
fee but not performing services |
RI-58 |
| Appeal
included in agreement to represent at trial |
R-11 |
| Appointment
as personal representative when preparing will |
RI-291 |
| Charging
fees for withdrawal |
RI-296 |
| Charging fees to answer grievance from
debtor |
RI-330 |
| Client
agreeing to pay lawyer's malpractice premium |
RI-319 |
| Client
naming lawyer drafting will as personal representative |
RI-291 |
| Contingency
fee - re-negotiating with client |
RI-308 |
| Contingent
fee - sharing with health care provider |
RI-304 |
| Corporate
entity as "client" |
RI-95 |
|
County as
client of prosecuting attorney/county corporation counsel
|
RI-112 |
| Court-appointed receiver charging to
defend grievance |
RI-330 |
| Created
by activities of legal assistant |
RI-125 |
| Created
at initial conference |
RI-48,RI-57,RI-154,RI-185 |
| Divorce
consultation triggering disqualification |
RI-048 |
| Drafting
documents without direct client contact |
RI-128 |
| Drafting
lawyer named as personal representative without bond |
RI-291 |
|
Employee legal
assistant providing assistance in
administrative agency proceedings
|
RI-125 |
| Established
to raise privilege |
R-2 |
| Failure
to personally contact client |
RI-128 |
| Fees
paid by third party |
RI-293 |
| File
is property of lawyer |
R-19 |
| Group
legal services plan |
C-233 |
| Inadvertent
disclosure |
75
MBJ 418 (May 1996) |
| Independent
judgment - fees paid by third party |
RI-293 |
| Initial
consultation triggering disqualification |
RI-048 |
| Insurer
retaining lawyer for insured |
RI-009 |
| Insurance
benefits of client shared with nonlawyer |
RI-304 |
| Law
firm "leasing" lawyer employees |
RI-310 |
| "Leased" lawyers working
for law firm |
RI-310 |
| Legal
services agency conducting pro se clinic |
RI-301 |
| Limited
by conditions imposed by payor of attorney fee |
RI-132 |
| Limiting
liability in retainer agreement |
RI-319
|
| Minor
child as client |
RI-140 |
| Negotiating
settlement with represented party |
RI-145 |
| No-fault
representation, duties to medical providers |
C-226,RI-155 |
| Ownership
of representation file |
R-19 |
| Personal
representative of estate as "client" |
R-10,RI-156 |
|
Personal representative
retaining lawyer for wrongful death
action
|
R-10,RI-114 |
| Probate
court-appointed lawyers |
JI-50 |
| Pro
se clinic conducted by legal services agency |
RI-301 |
| Prospective
client's case not undertaken |
RI-48,RI-154 |
| Receiver charging fees to defend grievance |
RI-330 |
| Recording
conversations with client |
RI-309 |
| Reduced
billing for limiting liability of lawyer |
RI-319 |
| Re-negotiating
contingency fee agreement |
RI-308 |
| Scope
of corporation "party" |
R-2 |
| Secretly
recording conversations |
RI-309 |
| Self
help clinics conducted by legal services agency |
RI-301 |
| Temporary
lawyers working for law firm |
RI-310 |
| Termination
of a fixed fee arrangement |
RI-69 |
| Testifying
concerning client's fees |
RI-299 |
| Trust
kit sales |
RI-325 |
| Using
door-to-door salespeople as agents |
RI-325 |
| Using
employee as intermediary |
RI-128 |
|
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