State Bar of Michigan
home member area contact us


ethics



 print this page


for members
SBM general information

member directory

admissions, ethics, and
   regulation


diversity & inclusion

justice initiatives

member services

practice management
   resource center


public policy resource
   center


publications and
   advertising


research and links

sections & committees


ethics for members
ethics developments
ethics opinions
TAON (trust accounts)


from the courts
opinion searching
virtual court


for the public
public resources
media resources


giving opportunities
a lawyer helps
access to justice
   campaign

Michigan Ethics Opinions Index
Page 1   2   3   4   5   6

Decision-Making Authority of Client
See also Scope of Representation
back to list

Accepting arbitration of attorney fees RI-2, RI-196
Advance waiver of future conflicts of interest invalid RI-183
Advancing costs through venture capital company RI-321
Arrangement to refer clients to particular real estate broker RI-145
Choice of counsel when case transferred JI-89
Choice of counsel when lawyer changes firms RI-86, RI-245
Consent to negotiating settlement without counsel present RI-145
Consent to representation by spouse of opposing counsel R-3
Consent to multiple representation RI-98
Consent to withdrawal in event of conflict RI-183
Costs advanced by venture capital company RI-321
Decision to seek legal representation after solicitation RI-99
Disabled client RI-76, RI-213
Discharge of lawyer RI-86, RI-98
Distribution of estate assets R-10, RI-85, RI-350
Fees paid by third party RI-293
Fiduciary as client R-10, RI-350
Guardian serving as lawyer for ward RI-213
Independent counsel on arbitration of fees RI-2, RI-196
Independent judgment—fees paid by third party RI-293
Insurance representation RI-89
Minor child as client RI-140
Multiple clients, consent to representation RI-98
Naming lawyer as personal representative in will RI-291
Parent's role when lawyer represents minor child RI-140
Personal representative exercising fiduciary duties R-10, RI-85
Real estate referrals RI-146
Settlement offers RI-76
Trust kit—use of intermediary with client RI-325
Using intermediary to meet with clients RI-325
Wrongful death case proceeds distribution R-10

Depositions
See Discovery
back to list

Disability
See also Guardianship
back to list

—Disabled Client
See Representing the Incompetent or Disabled Client, 77 MBJ 1320 (Dec 1998)

Attorney duties toward RI-213
Compensation when filing protective order against client RI-76
Conservator duties toward RI-213, RI-304, RI-342
Decisions about representation RI-51, RI-176
Decisions about settlement RI-76
Discharge of lawyer RI-51
Disclosing medical file to client RI-63
Dual capacity of guardian and lawyer for ward RI-213
Duties of lawyer toward 69 MBJ 943 (Sep 1990)
Guardian duties toward RI-213, RI-227
Independent corroboration of condition RI-51
Minor child as client RI-140
Petition for guardianship RI-176
Representing ward and conservator RI-176, RI-304, RI-342
Scope of representation RI-213
Seeking protective order for RI-76

—Disabled Judge

Physical problem, unable to perform judicial duties Matter of Lawrence, 417 Mich 248 (1983)

—Disabled Lawyer

Confidentiality 69 MBJ 943 (Sep 1990)
Receiver 69 MBJ 241 (Mar 1990)
Notices 69 MBJ 241 (Mar 1990)

Discharge of Lawyer by Client
See also Decision-Making Authority of Client
See also Termination of Lawyer-Client Relationship
See also Winding Up Law Practice
See also Withdrawal
back to list

Charging fees for withdrawal RI-296
Disabled client RI-51
Discretion of client RI-51
Effect on duty to rectify client perjury RI-13
Frivolous or tactical discharge by client RI-51
Grievance filed by current client RI-84, 70 MBJ 698 (Jul 1991)
Lawyer changing firms RI-86, RI-245
Motion for withdrawal RI-51
Multiple clients, discharged from representing some RI-98
Parent's attempt to discharge lawyer for minor child RI-140
Restriction on client's right to discharge RI-86, RI-245

Discipline, Judicial
See also Cooperation with Discipline Authorities
See also Discipline Proceedings
See also Ethics Committee
See also Judicial Officer
See also Misconduct
back to list

—Conduct as lawyer

Conditional removal from bench In re Moes, 389 Mich 258 (1973)
Conduct before becoming judge Matter of Loyd, 424 Mich 514 (1986), Matter of Waterman, 433 Mich 1207 (1989)
Jurisdiction over misconduct occurring before becoming judge Matter of Ryman, 394 Mich 637 (1975), Leitman v. State Bar Grievance Bd., 387 Mich 596 (1972)
Misappropriation Matter of Loyd, 424 Mich 514 (1986)
Neglect of legal matters Matter of Hammons, 426 Mich 1225 (1986)
Review required before removal from bench In re Kapcia, 389 Mich 306 (1973), Matter of Loyd, 424 Mich 514 (1986)

Discipline, Lawyer
See also Cooperation with Discipline Authorities
See also Discipline Proceedings
See also Ethics Committee
See also Judicial Officer
See also Misconduct
back to list

Adult Attention Deficit Disorder Doe v. Attorney Discipline Bd., 1996 WL 78312, 1996 US App Lexis 5727 (unpublished CA6 2/22/1996)
Charging fees to client for grievance defense RI-296
Court-appointed receiver charging to defend grievance RI-330
Deposition taken by suspended lawyer RI-101
Disciplined lawyers, scope of permitted activity C-211, 68 MBJ 1108 (Nov 1989)
Failure to file income tax returns Matter of Gillis, 402 Mich 286 (1978), In re Lewis, 389 Mich 668 (1973)
Failure to perform when not paid In re Daggs, 384 Mich 729 (1971)
Fees for disciplined lawyer determined by quantum meruit RI-19, RI-30, RI-270
Forgery In re Ryman, 394 Mich 167 (1975)
Judge who formerly participated on discipline panel subsequently presiding in matter in which respondent appears as party or advocate JI-24
Law firm interest held by disciplined lawyer RI-238
Lien enforcement against client without notice 73 MBJ 690 (Jul 1994), Matte of Geralds, 402 Mich 387 (1978)
Partnership or shareholder interest held by disciplined lawyer RI-238
Receiver charging fees to defend grievance RI-330
Solicitation of clients through agents Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979)
Suspended lawyer right to expenses RI-19, RI-30
Suspended lawyer sharing legal fee RI-19, RI-30, RI-270
Unauthorized practice of law by disciplined lawyer RI-101

Discipline Proceedings
See also Cooperation with Discipline Authorities
See also Due Process in Discipline Proceedings
See also Ethics Committee
See also Judicial Officer
See also Misconduct
See also Reinstatement & Readmission
back to list

Abstention, federal Fieger v. Thomas, 74 F3d 740 (CA6 1996), Dunchock v. Higle, US Dis Ct EDMi, No 95-CV-60255-AA (unpublished 4/26/1996), Hodari v. Michigan Attorney Grievance Comm'n, 1996 US Dist Lexis 6631 (EDMi unpublished 4/22/1996), MacDonald v. Gaskin, US Dist Ct EDMi, No 95-CV-73632-DT (unpublished 3/22/1996)

—Hearing

Absence of one panel member during portion of testimony State Bar Grievance Adm'r v. Roth, 400 Mich 484 (1977), Grievance Adm'r v. Grubbs, 396 Mich 275 (1976)
Authority to dismiss complaint without prejudice Grievance Adm'r v. Woll, 401 Mich 155 (1977)
Charging fees to client for grievance defense RI-296
Conflict of interest of member of grievance prosecutorial staff RI-119, RI-121
Conflict of interest of panel member RI-119, RI-121, RI-131
Criminal procedure rules do not apply Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979)
Cross-examination of witnesses State Bar v. Murphy, 387 Mich 632 (1972)
Delay in issuing decision Grievance Adm'r v. Donigan, 403 Mich 172 (1978)
Delay in scheduling hearing State Bar v. Albert, 390 Mich 234 (1973)
Discovery by respondent Matter of Mikesell, 396 Mich 517 (1976)
Disqualification of panel members based on judicial disqualification rules RI-119
Disqualification of panel members employed by member of discipline prosecuting authority RI-121
Disqualification of panel members under current investigation RI-131
Disqualification of panel members within third degree of advocate's law firm RI-119
"Due diligence" of prosecutor required to support dismissal without prejudice Grievance Adm'r v. Woll, 401 Mich 155 (1977)
Examination of respondent by panelist to clarify facts State Bar Grievance Adm'r v. Roth, 400 Mich 484 (1977)
Examination of witnesses Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979), State Bar v. Murphy, 387 Mich 632 (1972)
Exculpatory information, access to Grievance Adm'r v. Attorney Discipline Bd., No 97692 MI Sup Ct (2/19/1994)
Ex parte discussions with panel members Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979)
Failure to respond or appear In re Moes, 389 Mich 258 (1973), State Bar Grievance Adm'r v. Williams, 394 Mich 5 (1975)
Findings based on edited transcript of previous proceeding Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979)
Hostility of panel members as prejudicial Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979), Grievance Adm'r v. Del Rio, 407 Mich 336 (1979)
Judge who reports party's lawyer to discipline board may preside at party's trial JI-24
Lawyer serving as discipline hearing panel member JI-24, RI-119, RI-121, RI-131
Panel member concurrently under discipline investigation RI-131
Panel member is employee of Grievance Commission member RI-121
Panel member related to advocate RI-119
Panel member related to member of advocate's firm RI-119
Rehearing based on new evidence In the Matter of Daggs, 411 Mich 304 (1981)
Respondent's Check List 74 MBJ 692 (Jul 1995)
Sanction term defined by occurrence of event Grievance Adm'r v. Ruebelman, 402 Mich 501 (1978)
Sufficiency of complaint Grievance Adm'r v. Jackson, 390 Mich 147 (1973)
Transcript used as substantive evidence Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979)
Weight to be given charges dropped from complaint Matter of Mikesell, 396 Mich 517 (1976)

—Immunity

Eleventh Amendment Tucker v. Michigan Attorney Discipline Bd., (EDMI 9/30/1996)
Prosecutorial MCR 9.125, Dunchock v. Higle, US Dis Ct EDMi, No 95-CV-60255-AA (unpublished 4/26/1996)
Quasi-judicial Doe v. Attorney Discipline Bd., 1996 WL 78312, 1996 US App Lexis 5727, (unpublished CA6 2/22/1996), Berger v. Cuyahoga County Bar Ass'n, 983 F2d 718 (CA6 1993), cert den 113 S Ct 2416 (1993), Eston v. Van Bolt, 728 F Supp 1336 (ED Mich 1990)

—Investigation

Complainant's withdrawal of complaint Grievance Adm'r v. Jackson, 390 Mich 147 (1973), Grievance Adm'r v. McWhorter, 405 Mich 563 (1979), reh 407 Mich 278 (1979)
Failure to contact complainant Grievance Adm'r v. Kopp, 402 Mich 74 (1977)
Rehearing based on new evidence In the Matter of Daggs, 411 Mich 304 (1981)
Respondent's Check List 74 MBJ 692 (Jul 1995)
Respondents right to copy of complainant's mandamus petition State Bar Grievance Adm'r v. Giltner, 406 Mich 511 (1979)
Selective prosecution Grievance Adm'r v. Del Rio, 407 Mich 336 (1979)

—Jurisdiction

Americans With Disabilities Act application Doe v. Attorney Discipline Bd., 1996 WL 78312, 1996 US App Lexis 5727 (unpublished CA6 2/22/1996)
Due process in judicial discipline proceedings Matter of Mikesell, 396 Mich 517 (1976)
Federal court review of state proceedings Doe v. Attorney Discipline Bd., 1996 WL 78312, 1996 US App Lexis 5727 (unpublished CA6 2/22/1996), Ginger v. Wayne County Circuit Court, 372 F2d 612 (CA6 1967), cert den 387 US 935 (1967)
Jurisdiction over misconduct occurring after becoming judge In re Kapcia, 389 Mich 306 (1973)

"Disinterested Lawyer" Standard

Allocation issues prevent multiple representation of major and de minimis PRPs at environmental clean up site R-16
Allocation issues prevent multiple representation of owner and generator at environmental clean up site R-16
Assignment of collection case while still representing client RI-159
Balancing issues between clients RI-239
Client suing lawyer for malpractice RI-25
Collusion to collect insurance RI-66
Consolidation of conflicting cases on appeal RI-108
Determining whether client would be competently represented with scope of limitation in place RI-348
Dispute among clients on acceptance of mediation award RI-134
Employment situation affects lawyer's ability to pursue client's matter RI-80
Lawyer's prior advice at stake RI-47
Liability of lawyer's partner RI-37
Limitation of scope in bankruptcy proceeding RI-348
Limitation of scope to obtain waiver of client conflict of interest RI-358
Medical provider client disputing bill with unrelated client RI-215
Multiple clients, criminal activity of one RI-111
Personal injury victim and owner in unrelated matters RI-66
Screening does not cure RI-139, RI-172
Suing current client for fees RI-159
Testimony inconsistent with clients interests RI-21
Withdrawal required upon discovery RI-139

Discovery
See also Attorney-Client Privilege
See also Contact with Represented Persons
See also Contact with Unrepresented Persons
See also Testimony
See also Trial Practice
See also Witnesses
back to list

Attorney charging hourly rate to submit to deposition RI-3
Charge for lawyer being deposed RI-3
"Confidential" documents, duty to return RI-179
Contacting party employees pursuant to court order RI-42
Cross-examination of client for unrelated matter RI-218
Deposing lawyer, charge for RI-3
Deposition of judicial officer JI-57
Documents disclosed in error RI-179
Former client suspected of illegal activity RI-106
Home addresses of corporate employees R-2
Inaccurate, truthful testimony of client RI-272
Inconsistent testimony of client RI-13, RI-33
Judge present in courtroom as moral support for party JI-15
Judge testifying on representation of former client JI-32
Medical records of witness obtained through client fraud RI-209
Lawyer testifying on privileged matters 69 MBJ 551 (Jun 1990)
Subpoena for client information JI-32, RI-106, 69 MBJ 551 (Jun 1990)
Subpoena to nonparty 74 MBJ 564 (Jun 1995)

Disposition of Judicial Campaign Funds
See also Campaign Funding, Judicial
back to list

Carry-over of funds to another election prohibited Matter of Lawrence, 417 Mich 248 (1983)
Distribution to government committee A/O 14
Expenditures prior to announcing candidacy JI-81
Expenditures prior to 180-day fund raising period JI-74, JI-78, JI-81
Family compensation for campaign work A/O 66
Loan from previous election A/O 56
Investiture celebration JI-60, A/O 71
"Office holder expense fund" improper Matter of Lawrence, 417 Mich 248 (1983)
Refund of campaign expense JI-63
Reimbursing candidate from campaign funds JI-81
Repaying loans to campaign JI-7, JI-63
Retiring campaign debts JI-7, JI-63
Return of excess funds Matter of Lawrence, 417 Mich 248 (1983)
Sponsoring athletic team JI-58

Disqualification, Judicial
See also Conflicts of Interest
See also Divestiture
See also Former Client
See also Imputed Disqualification
See also Judicial Officer
back to list

—Acquaintance with Witness

Colleague judge testifying JI-57
Employer of judge's spouse testifying JI-61
Nephew of presiding judge testifying A/O 36
Parole officer testifying as police officer JI-62
Sheriff who has shared business interest JI-86
Staff of board on which judge sits JI-66

—Bias

Personal acquaintance insufficient for judicial disqualification JI-44
Actual bias mandates disqualification of judge Adams v. Adams, 100 Mich App 1 (1980)
Actual bias generally required People v. Houston, 179 Mich App 753 (1989), Inmates v. Wayne County Executive, 178 Mich App 634 (1989)
Animosity toward advocate JI-44
Appearance of bias J-5, JI-43, JI-44, R-20, Crampton v. Department of State, 395 Mich 347 (1975)
Appointee as advocate before appointing judge JI-29
Campaign opponent appearing before judge J-6, JI-23, JI-96, RI-52, A/O 103
Campaign opponent's firm appearing before judge J-6, JI-23, JI-96, RI-52, A/O 103
Discipline panel member currently under discipline investigation RI-131
Employee reviewing decisions of employer RI-121
Filing grievance against lawyer appearing before hearing officer JI-123
Grievance filed by hearing officer JI-123
Judge former prosecutor People v. Hampton, 184 Mich App 434 (1990)
Judge or judge's former firm represented party as attorney within last two years Michigan Ass'n of Policy v. City of Pontiac, 177 Mich App 752 (1989)
Law clerk whom "personally and substantially" participated RI-43
Law firm of part-time magistrate RI-114
Malpractice action pending against judge and former firm J-6, JI-39, A/O 41
Part-time magistrate with court funding unit as client JI-97
Part-time referee engaging in law practice JI-126
Party opponent appearing in unrelated matter as advocate R-15
Perpetual recusal of judge for animosity toward advocate JI-44
Personal acquaintance insufficient for judicial disqualification JI-44
"Personal and substantial" participation JI-34, JI-97, RI-1
Personal lawyer of judge appearing as advocate J-5, JI-43, R-20
Presiding in cases in which employee of law firm's client appear In re Schlossberg v. State Bar Grievance Bd., 388 Mich 389 (1972)
Probability of actual bias too high Crampton v. Department of State, 395 Mich 347 (1975)
Referee who also practices law before own court JI-126
Sentences, Judge's disapproval of mandatory life sentence People v. Houston, 179 Mich App 753 (1989)
Spouse is assistant prosecutor JI-101, JI-133
Taint from exposure to data not in official record RI-166

—Conflicts

Advocate is personal lawyer of judge J-6, JI-39, JI-43
Advocate represents judge in unrelated malpractice action J-6, JI-39
Advocate formerly represented member of judge's family J-6, JI-102
Bonus from former firm for work done prior to assuming office JI-37
Business participation J-3, J-6
City commissioner becomes judge J-4, J-6
Employment negotiations with advocate's firm JI-35
Financial impact of case on law firm of part-time judge JI-97
Grievance filed by party against judge Clemens v. Bruce, 122 Mich App 35 (1982), Autoworkers Flint Federal Credit Union v. Rogler, 32 Mich App 257 (1971)
Investment club membership by judge JI-119
Judge as member of investment club with lawyers JI-119
Malpractice action pending against judge and former firm J-6, JI-39, A/O 41
Presiding in cases in which employee of law firm's client appear In re Schlossberg v. State Bar Grievance Bd., 388 Mich 389 (1972)
Prosecutor becomes judge JI-34
Retired judge's business interests J-3, J-6
Spouse is assistant prosecutor JI-101, JI-133
Witness acquainted with judge JI-62, JI-66, A/O 36

—Duty to Disclose

Board member of a nonprofit legal aid organization appearing JI-38, JI-51, A/O 45
Business interest with advocate J-4, J-6, JI-6, People v. Perkins, 193 Mich App 209 (1992)
Business interest with lower court judge JI-86
Campaign committee member appearing as advocate before candidate JI-79
Firm buying judge's former practice JI-118
Investment club membership by judge JI-119
Judge as member of investment club with lawyers JI-119
Spouse is assistant prosecutor JI-101, JI-133
Witness acquainted with or related to presiding judge JI-62, JI-66, A/O 36
Witness with financial relationship to judge JI-86

—Duty to Raise Disqualification Issue

Advocate from legal service organization where judge serves on board JI-38, JI-51, A/O 45
Advocate is judge's personal lawyer J-5, R-20
Financial interest between judge and advocate J-4, J-6, People v. Perkins, 193 Mich App 209 (1992)
Judge dating party appearing before judge J-6, R-3, Matter of Templin, 432 Mich 1220 (1989)
Judge's spouse is assistant prosecutor JI-101, JI-133
Notice and recusal unless asked to preside J-4, J-6, JI-35
Witness from organization where judge sits on board JI-66
Ex parte approach by advocate for recusal JI-83

—Extrajudicial Activities

Board member of a nonprofit legal aid organization appearing JI-38, JI-51, A/O 45
Charitable board resignation J-1
Disclosure of tenancy with lawyer advocate JI-6
Divestiture J-3, J-6
Investment club membership by judge JI-119
Judge as host of commercially-sponsored program JI-137
Judge as member on investment club with lawyers JI-119
Leasing space to lawyers JI-6
Retired judge's business participation J-3, J-6
Seminar related to case pending before judge JI-84

—Financial Interest

Bonus from former firm for work done prior to assuming office JI-37
Business participation J-3, J-6
Buy-out payments for law firm interest J-4, J-6
Disclosure of business interest JI-6, People v. Perkins, 193 Mich App 209 (1992)
Disqualification of judge—firm purchasing judge's former practice JI-118
Financial interest of law firm of part-time judge JI-97
Financial interest with advocate J-4, J-6, JI-6, JI-35, People v. Perkins, 193 Mich App 209 (1992)
Financial interest with lower court judge JI-86
Financial interest with witness JI-86
Financial interest in outcome Crampton v. Department of State, 395 Mich 347 (1975)
Investment club membership by judge JI-119
Judge as member of investment club with lawyers JI-119
Landlord to advocate JI-6, A/O 37, A/O 39, A/O 40, A/O 62, A/O 84
Landlord assigned to hear landlord/tenant matters A/O 38
Law firm buying judge's former practice appearing before judge JI-118
Notice and recusal unless asked to preside J-4, J-6, JI-35
Partnership interest in law firm A/O 81
Pension benefits from former firm JI-20
Real estate partners with advocate J-4, J-6, JI-35
Real estate partners with possible party A/O 110
Receiving pension payments under independently administered plan JI-20
Sale of law books to advocate JI-40

—Personal Relationships

Acquaintance of judge appearing as advocate or party JI-44
"Affinity" Bliss v. Cuille Brothers Co., 149 Mich 601 (1907), Boyer v. Backus, 282 Mich 701 (1938), Van Cleve v. Van Fossen, 73 Mich 342 (1889)
Animosity toward advocate JI-44
Discipline counsel related to hearing panelist RI-119
Party in matter dates presiding judge J-6, R-3, Matter of Templin, 432 Mich 1220 (1989)
Firm of judge's family members C-216, J-4, J-6, R-3
Judge hearing case prosecuted by spouse J-6, R-3
Judge hearing case prosecuted by spouse's firm J-6 , R-3
Lawyer appearing is personal lawyer of judge J-6, JI-39
Lawyer appearing was lawyer for judge's family member J-6, JI-102
Nonlawyer employee of advocate related to judge C-216
Paralegal relative of judge worked on case presented C-216, J-6
Perpetual recusal due to animosity toward advocate JI-44
Receiving payments from independently administered pension plan JI-20
Related to advocate J-4, J-6, A/O 60
Relative of judge is member or employee of law firm appearing in the matter C-216, J-4, J-6
Reviewing decisions of spouse JI-31
Son-in-law as advocate J-4, J-6
Spouse is assistant prosecutor JI-101, JI-133
Spouse of defense lawyer testifying on behalf of prosecution RI-242
Supervising performance of spouse JI-31

—Procedure

Conditions meriting disqualification J-6, 75 MBJ 934 (Sep 1996)
Exclusive disqualification procedure found in MCR 2.003 Stockler v. Rose, 174 Mich App 14 (1989)
Motions for disqualification 75 MBJ 934 (Sep 1996)
Remittal of disqualification J-6

—Relationship with Advocate or Advocate's Firm

Advocate not a member while judge was member J-4, J-6
Advocate from firm that merged with judge's former firm J-4, J-6
Advocate is lawyer of judge's party opponent in unrelated matter R-15
Advocate represented judge's family member J-6, JI-102
Associate of former firm who joined after judge departed J-4, J-6
Cases involving judge's former partners and clients J-6, JI-39
Codefendants with judge in unrelated matter appear as advocates J-6, JI-39
Financial interest with advocate J-4, J-6, JI-6, JI-35, People v. Perkins, 193 Mich App 209 (1992)
Former firm appearing before judge J-4, J-6, JI-39
Former firm associates appearing before judge J-4, J-6
Members of predecessor firm who joined after judge departed J-4, J-6
Members of former firm arriving after judge departed J-4, J-6
"Of counsel" relationship between advocate and former firm A/O 80
Part-time referee disqualified from hearing matters presented by referee's law firm JI-29
Part-time referee engaging in law practice JI-126
Referee who also practices law before own court JI-126
Spouse is assistant prosecutor JI-101, JI-133
Two-year disqualification from cases in which former firm members appear J-4, J-6, A/O 80

—Relationship with Party or Matter

Case where judge has been consulted as lawyer J-4, J-6, JI-34
Discipline complaint filed by party against judge Clemens v. Bruce, 122 Mich App 35 (1982), Autoworkers Flint Federal Credit Union v. Rogler, 32 Mich App 257 (1971)
Discipline respondent as party or advocate in hearing before judge who was discipline panel member JI-24
Enmeshed in other matters involving party Crampton v. Department of State, 395 Mich 347 (1975)
Part-time referee, participated in matter as lawyer JI-29, RI-1
Part-time magistrate, participated in matter as lawyer JI-97
Part-time magistrate representing court funding unit JI-97
Party is former client of firm not appearing JI-100
Presiding in earlier case involving same party insufficient alone to disqualify In re Schmeltzer, 175 Mich App 666 (1989)
Prior participation as accuser, investigator, fact finder or decision-maker Crampton v. Department of State, 395 Mich 347 (1975)
"Substantial participation" in case as lawyer JI-34, JI-97, RI-1, RI-249
Target of personal abuse or criticism from party JI-44, Crampton v. Department of State, 395 Mich 347 (1975)
Will offered for probate was drafted by presiding judge A/O 17

Disqualification, Lawyer
See also Conflicts of Interest
See also Divestiture
See also Former Client
See also Imputed Disqualification
See also Judicial Officer
See also "Substantially Related" Representation
back to list

—Current Client

Client as adverse witness in unrelated case RI-239
Co-counsel as pretext to effect recusal of judge JI-44
Divorce consultation triggering disqualification RI-48
Firm disqualification if lawyer testifies regarding fees RI-299
Firm of commissioner representing clients before commission C-241, RI-22, RI-180, RI-236
Firm of public official appearing before C-241, RI-22, RI-180, RI-236
Firms of lawyer spouses R-3
Initial consultation triggering disqualification RI-48
Inside counsel of government entity RI-267
Lawyer spouses R-3
"Of counsel" as fiduciary in matter RI-237
Opposing lawyers cohabitating R-3
Opposing lawyers dating R-3
Part-time magistrate representing court funding unit JI-97
Prosecutor's office employees RI-43, RI-112
Referral as pretext to effect recusal of judge JI-44
Representing municipality when mayor is a sibling RI-94
Subject matter same as current representation RI-46
"Substantially related" representation RI-46
US Army Legal Assistance providing legal assistance to soldiers and spouses RI-172

—Former Client

Criminal defense lawyer becomes prosecutor RI-152
Declining representation against RI-46
Divorce and land foreclosures "related" RI-46
Initial consultation triggering disqualification RI-48, RI-154
Initial interview by nonlawyer employee RI-123
Imputed disqualification after initial consultation RI-48
Lawyer's duty to prove no conflict RI-48
Likelihood that confidential information is relevant RI-46
Overlap of factual or legal issues with current representation RI-46
Possibility of using confidential information RI-46
Representing will beneficiaries against former client, personal representative RI-87
Screening new employees to prevent RI-43, RI-115, RI-284, RI-285, 70 MBJ 440 (May 1991)

—Lawyer as Witness

Firm of adverse lawyer-witness RI-21
Firm of lawyer's witness RI-299

—Lawyer's Interests

Campaign opponent is presiding judge J-6, JI-23, JI-96, RI-52, A/O 103
Financial impact on firm of part-time magistrate JI-97
Spouse of defense lawyer testifying on behalf of prosecution RI-242

—Motion for Disqualification

Judicial discretion in granting motions RI-51, RI-287
Tactical motions RI-287

Divestiture

Business participation of judge J-3, J-6
Irrevocable trust establishment A/O 26
Landlord to former firm JI-6
Officer of business J-3, J-6
Outside activities by new judge 75 MBJ 1071 (Oct 1996)
Stock holdings A/O 87

Division of Fees

—Payment for Services

Consulting arrangement with nonlawyer tax appeals expert RI-104
Expert witness fee based on percentage C-240
Government contract holder RI-68
Independent contractor RI-104
Representing new client against firm giving referral fees RI-294

—Payment for Lawyer-to-Lawyer Referral

Accounting required to referring lawyer RI-224
Advising client of division RI-234
Agreement for referral fee RI-158
Calculation based on percentage of client billings RI-124
Calculation based on percentage of hourly rates RI-124
Calculation based on percentage of referred cases RI-201
Calculation based on percentage of successor lawyer fee RI-124, RI-234
Client consent to referral fee RI-32, RI-158, RI-234
Competence of receiving lawyer to handle case referred RI-158
Computing as percentage of hourly billings RI-124
Conditioning referral on payment of referral fee RI-158
Conflict of interest that prevents lawyer from taking case prohibits acceptance of referral fee RI-116
Consent of client for division of fee RI-32, RI-158
Contract with receiving lawyer RI-158
Declining representation for conflict of interest prohibits acceptance of referral fee RI-116
Disqualification not merited upon refusal to pay RI-224
Duties when making a referral RI-158
Duty to provide referral even without fee RI-158
Incentive for more referrals RI-124
Listing on out-of-state firm website for referrals as advertising RI-340
Out-of-state lawyer referring to Michigan lawyer RI-122, RI-199
Probate counsel referring wrongful death action for referral fee RI-114
Qualifications of lawyer receiving referral RI-158
Reasonableness of total fee RI-234
Receiving lawyer responsible for advising client RI-234
Referral agreement—new client against firm RI-294
Referral agreement with suspended lawyer RI-30
Referral fee based on percentage of yearly referrals RI-124
Referring lawyer entitled to accounting RI-224
Referring lawyer is witness for client RI-211
Referring lawyer responsible for advising client RI-234
Refusal to provide referral without fee is improper RI-158
Responsibility to advise client RI-234
Scope of notice to client about division RI-234
Suspended lawyer's right to fee RI-19, RI-30, RI-270
With out-of-state attorney RI-122, RI-199

—With Judge

Cases referred when becoming judge C-228, J-4, J-6
Referral fees after becoming judge JI-45
Referee accepting referral fee JI-45

—With Lawyer

Apportioning trust account interest among successive lawyers RI-64
Between law firms RI-32, RI-114, RI-124
Contingent fee divided with predecessor lawyer R-11
Contingent fee divided with successor lawyer R-11
Contingent fee divided with suspended lawyer RI-19, RI-30
Coupons for legal services RI-366
Disciplined lawyer RI-19, RI-30, RI-270
Disqualification not merited upon refusal to pay RI-224
Fee division with law firm RI-32, RI-114, RI-122, RI-124, RI-305
Lawyer departing firm RI-305
Lawyers in different firms RI-305
Out-of-state attorney RI-122
Partnership agreement RI-305
"Quantum meruit" defined RI-30
Percentage of yearly client billings RI-124
Pretext to recuse presiding judge JI-44
Receiving lawyer leaves firm RI-224
Referring lawyer is witness for client RI-211
Rent calculated as percentage of gross income RI-133

—With Nonlawyer

Accepting referral from investment firm RI-317
Agent of lawyer RI-143, RI-191
Allocating attorney fees to class action clients RI-324
Attorney fees allocated to class action clients RI-324
Commission from real estate broker for referring business RI-146
Court awarded sanctions RI-303
Deceased lawyer, payment of fees to estate RI-216
Disputed fees—court awarded sanctions RI-303
Document preparation agent RI-191
Door-to-door salespeople of trust kits RI-325
Fee division with referral service R-6, R-8, RI-36, RI-75
Nonprofit lawyer referral service RI-32
Out-of-state attorney RI-122
Referral fee from insurance agent RI-339
Referral fee from investment firm RI-317
Referral service R-6, RI-32, RI-75, 70 MBJ 146 (Feb 1991)
Payment for referral In re Woll, 387 Mich 154 (1972)
Real estate customer referred to broker for fee RI-146
Senior Citizen's Hotline RI-32
Sanctions ordered by court—division with client RI-303
Suspended lawyer RI-19, RI-30, RI-270
Trade exchange of services between professionals C-220
Trust kit salespeople RI-325
Using intermediary to meet with clients RI-325
Written fee agreement—court awarded sanctions RI-303

Domestic Relations Matters

Adjusting fee after work performed RI-150, RI-241
Advertising under trade name RI-221
Assault and battery between spouses on contingent fee RI-181
Assets allegedly concealed from client RI-217
Assignment of unpaid bill for collection RI-159
Charging multiple clients for same time period RI-150
Child custody representation against spouse of former client RI-161
Child support collections business owned by lawyer RI-198
Cohabitant claiming property awarded to former client RI-174
Conflict with client in unrelated case RI-239
Conflict with spouse of former client RI-161
Contingent fees for child support arrearages RI-198
Contingent fees for collecting past due alimony RI-28
Contingent fees to set aside property settlement RI-127, RI-204
Contingent fees for post-judgment matters RI-221
Contingent fee for spouse assault and battery RI-181
Deed to marital home as collateral for fees RI-354
Delinquency matters handled by prosecutor RI-183
Divorce case, "results obtained" or "value added" provision RI-346
Divorce "kit" services State Bar v. Cramer, 399 Mich 116 (1976) 68 MBJ 469 (Jun 1989)
Divorce client possible witness in unrelated representation RI-239
Divorce consultation triggering disqualification RI-48
Divorce representation against former divorce client RI-282
Domestic assault fees RI-204
Fixed rates for court appearances RI-150
Former client's interest in property dispute RI-174
Fraud perpetrated against former client RI-217
Initial consultation triggering disqualification RI-48
Issuing support order as magistrate—subsequent representation RI-288
Law firm with nonlawyer consultants RI-104
Lawyer as witness in invalidating post-nuptial agreement RI-281
Legal services agency conducting pro se clinic RI-301
"Loan" purportedly concealing marital assets RI-217
Marital counseling service operated by lawyer's spouse RI-206
Marital property dispute adverse to former client's recovery RI-174
Mediator drafting parties' agreement RI-278
Negotiating settlement with represented party RI-145
Post-nuptial agreement dispute, lawyer as witness RI-281
Practice by part-time domestic relations referee JI-29, RI-1
Pro se clinic conducted by legal services agency RI-301
"Reasonableness" of fee RI-150
Real estate claim against former client's property settlement RI-248
Referrals from marital counseling service RI-206
Representing client against spouse of former client RI-161
Representing client—issued support order as magistrate RI-288
Self help clinics conducted by legal services agency RI-301
"Substantially related" divorce representation RI-282
Substitute counsel when lawyer is witness RI-281
Suit for unpaid fees while representing client RI-159
Trade name for law firm RI-221

Dual Practice
See also Business Interests
See also Forwarding Business
See also Part-Time Practice
back to list

—Lawyer/alternate dispute resolution business

Ancillary ADR business RI-263, RI-275
Serving client of opposing counsel in nonlaw business RI-275
Serving law clients RI-275
Waiver of liability in nonlaw business RI-263

—Lawyer/collections business

Setting fees for nonlegal services RI-198
Soliciting law clients from collections customers RI-198

—Lawyer/financial planner

Accepting law clients referred by lawyers nonlaw business RI-190
Disclosure of lawyer's interest in nonlaw business RI-190
Disputes concerning nonlaw services may not be handled by law firm of lawyer/owner of nonlaw business RI-190
Referring law clients to lawyer's nonlaw business RI-190

—Lawyer/insurance agent

Office sharing RI-135
Selling insurance to law clients RI-135
Soliciting law clients from insurance customers RI-135

—Lawyer/medical practitioner

Advertising RI-212
Referrals between law and nonlaw services RI-212
Supervisory lawyer designation RI-212
Trade name RI-212

—Lawyer/member of client's board

Clarifying lawyer's role RI-136
Lawyer as witness in dispute against client board RI-136
Lawyer's participation affecting disqualification of firm RI-136

—Lawyer/public official

Appointment as special prosecutor C-225, RI-152, RI-177
Appointment to represent indigent clients R-15
Budget control over participants in private representation matter RI-126
Commissioner appearing as counsel opposite city attorney RI-126
Commissioner appearing before courts within budget control R-15
Commissioner representing clients against housing authority RI-126
Commissioner serving as township attorney C-214
Commissioner's private practice before local courts R-15
Direction and control over participants in private representation matter R-15, RI-126
Examining witness deputy sheriff in unrelated matter R-15
Lawyer/administrative hearing officer RI-110
Personal and substantial participation R-15, JI-34
Police commissioner taking criminal cases RI-180
Prosecutor may not serve concurrently as magistrate JI-56
Public attorney acting as referee RI-129
Public attorney handling defense cases C-212, R-13
Referee acting as assistant city attorney RI-129
Special prosecutor appointments C-225, RI-152, RI-177

—Lawyer/title office owner

Representing customer of own nonlaw business RI-5
Reviewing title issued by own company RI-5
Title company ownership RI-5

—Lawyer/trust kit operation

Conflict screening mechanism RI-191
Delegating judgment regarding customer need for legal service RI-191
Document preparation service RI-191
Door-to-door contacts of prospective clients RI-191
Supervision of agents RI-191

—Part-time judicial officer

City attorney/referee RI-129
Disqualification RI-1, RI-129, RI-249
Domestic relations referee and liaison attorney JI-29
Government contract holder/private practice RI-68
Hearing matters in which participated as lawyer RI-1, RI-129, RI-249
Hearing matters presented by former law firm RI-1
Office sharing RI-249
Part-time probate judge/private practice JI-42
Representing clients in matter formerly before as referee JI-29, RI-1, RI-129, RI-249

Due Process in Discipline Proceedings
See also Discipline Proceedings
back to list

—Decision-making

Advocate present during deliberations State Bar Grievance Adm'r v. Beck, 400 Mich 40 (1977)

Bias in connection between prosecuting agency and hearing panel

Matter of Mikesell, 396 Mich 517 (1976), In re Smeekens, 396 Mich 719 (1976), State Bar Grievance Adm'r v. Baun, 395 Mich 28 (1975), Withrow v. Larkin, 421 US 35, 95 S Ct 1456, 43 L Ed 2d 712 (1975)
Delay in issuing decision State Bar Grievance Adm'r v. Donigan, 403 Mich 172 (1978)
Delay in scheduling hearing State Bar v. Albert, 390 Mich 234 (1973)
Dismissal when court evenly divided Matter of Szymanski, 400 Mich 469 (1977)
Reasons for discipline must be stated State Bar Grievance Adm'r v. Williams, 394 Mich 5 (1975)

—Effect of other proceedings

Civil verdict, effect on discipline proceedings arising from same facts In the Matter of Bessman, 401 Mich 45 (1977)
Criminal verdict, effect on discipline proceedings Matter of Gillis, 402 Mich 286 (1978)
Discipline proceedings not moot when judge respondent not re-elected In the Matter of Probert, 411 Mich 210 (1981)
Double jeopardy inapplicable In the Matter of Probert, 411 Mich 210 (1981), Matter of Jenkins, 437 Mich 15 (1991), People v. Artman, 218 Mich App 236 (1996)
Effect of failure to win reelection on pending proceedings In the Matter of Probert, 411 Mich 210 (1981), In re Bayles, 427 Mich 1201 (1986)
Effect of lawyer discipline on sitting judge In re Moes, 389 Mich 258 (1973), In re Kapcia, 389 Mich 306 (1973)
Effect of suspension of law license on sitting judge Leitman v. State Bar Grievance Bd., 387 Mich 596 (1972)
Exhaustion of criminal appeals before imposition of discipline State Bar Grievance Adm'r v. Sauer, 390 Mich 449 (1973)
Res judicata, prior civil action In the Matter of Bessman, 401 Mich 45 (1977)
Res judicata, prior criminal action Matter of Gillis, 402 Mich 286 (1978)
Res judicata, prior Judicial Tenure Commission proceeding Matter of Del Rio, 407 Mich 336 (1979)
Self-incrimination Spevak v. Klein, 385 US 511 (1967) State Bar of MI v. Block, 383 Mich 384 (1970), In re Woll, 387 Mich 154 (1972), Sternberg v. State Bar, 384 Mich 588 (1971)

—Evidence

Collateral review of arguments in criminal appeal Matter of Gillis, 402 Mich 286 (1978)
Comparing discipline imposed in other cases In the Matter of Grimes, 414 Mich 483 (1982), Matter of Del Rio, 407 Mich 336 (1979)
Cross-examination of witnesses State Bar v. Murphy, 387 Mich 632 (1972)
Discovery by respondent Matter of Mikesell, 396 Mich 517 (1976)
Exculpatory evidence held by discipline agency Grievance Adm'r v. Attorney Discipline Bd., No 97692 MI Sup Ct (2/19/1994)
Failure to obtain documents or witness list requested from prosecutor State Bar Grievance Adm'r v. Roth, 400 Mich 484 (1977)
Inference drawn from exercise of right against self-incrimination In re Woll, 387 Mich 154 (1972)
Nolo contendere plea, effect on discipline In re Lewis, 389 Mich 668 (1973), Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979)
Prior charges or prior discipline referenced in complaint In the Matter of Daggs, 411 Mich 304 (1981)
Standard of proof, preponderance Matter of Loyd, 424 Mich 514 (1986) Matter of Jenkins, 437 Mich 15 (1991), State Bar Grievance Adm'r v. Posler, 390 Mich 581 (1973)

—Nature of Proceedings

Characterization of judicial discipline proceedings Matter of Mikesell, 396 Mich 517 (1976)
Characterization of lawyer discipline proceedings State Bar Grievance Adm'r v. Woll, 401 Mich 155 (1977)
Purpose of discipline proceedings State Bar Grievance Adm'r v. Trombly, 398 Mich 377 (1976)

—Pleadings

Answer, opportunity to amend In the Matter of Crane, 400 Mich 484 (1977), State Bar Grievance Adm'r v. Kopp, 402 Mich 74 (1977)
Discipline may be imposed only on counts charged in complaint In the Matter of McWhorter, 407 Mich 278 (1979), State Bar Grievance Adm'r v. Corace, 390 Mich 419 (1973)
Notice of charges In re Ruffalo, 390 US 544 (1968), State Bar Grievance Adm'r v. Corace, 390 Mich 419 (1973), State Bar Grievance Adm'r v. Fried, 388 Mich 711 (1972), State Bar Grievance Adm'r v. Jackson, 390 Mich 147 (1973), Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979), State Bar Grievance Adm'r v. Roth, 400 Mich 484 (1977)

—Review

Authority of Supreme Court to regulate bar State Bar Grievance Adm'r v. August, 438 Mich 296 (1991)
Comparing discipline imposed in other cases In the Matter of Grimes, 414 Mich 483 (1982), Matter of Del Rio, 407 Mich 336 (1979)
Complainant's right to hearing on dismissal of complaint Leitman v. State Bar Grievance Bd., 387 Mich 596 (1972)
Facts reviewed de novo in judicial discipline proceedings In re Somers, 384 Mich 320 (1971), Matter of Jenkins, 437 Mich 15 (1991)
Errors of fact in panel ruling State Bar Grievance Adm'r v. Beck, 400 Mich 40 (1977)
Factors for increasing recommended discipline State Bar Grievance Adm'r v. Ruebelman, 402 Mich 501 (1978), State Bar Grievance Adm'r v. Williams, 394 Mich 5 (1975)
Factors for reducing recommended discipline In the Matter of Daggs, 411 Mich 304 (1981), State Bar Grievance Adm'r v. Estes, 390 Mich 585 (1973), State Bar Grievance Adm'r v. Roth, 400 Mich 484 (1977)
Increasing discipline recommended by board Grievance Adm'r v. Hatchett, 440 Mich 1210 (1992)
Reasons for discipline must be stated in order State Bar Grievance Adm'r v. Williams, 394 Mich 5 (1975)
Rehearing based on new evidence In the Matter of Daggs, 411 Mich 304 (1981)
Reopening final orders State Bar Grievance Adm'r v. Lane, 406 Mich 638 (1979)
Right to Supreme Court review Tucker v. Michigan Attorney Discipline Bd., 95-CV-70048-DT (EDMI 9/30/1996)
Sanction term defined by occurrence of event State Bar Grievance Adm'r v. Ruebelman, 402 Mich 501 (1978)
Standard of review State Bar Grievance Adm'r v. Estes, 390 Mich 585 (1973)

Duties of Office

Administrative hearing officer negotiating employment with firm of party RI-11
Appointing counsel for criminal defendant C-210
Commissioner/lawyer handling private practice R-15
Failing to keep accurate record of proceeding In re Heideman, 387 Mich 630 (1972)
Presiding over appeals from court handling unrelated personal matter JI-43
Preventing unauthorized practice JI-26
Sentencing practices involving designated charities JI-48, JI-55, JI-64
Sentencing practices involving judicial campaigns JI-107

Elections
See Political Activity
back to list

Employees
See also Legal Assistant
See also Nonlawyers
back to list

Acting as intermediary between lawyer and client RI-128, RI-191, 74 MBJ 438 (May 1995)
Appraiser RI-105
Changing firms results in imputed disqualification RI-115, RI-284
Compensation plans RI-143
Confidentiality of communications from customers or clients RI-187, RI-285
Court administrator spouse of prosecutor RI-12
District court administrator spouse of prosecutor RI-12
Duty to follow lawyer ethics rules R-1, RI-103, RI-104, RI-125
Duty to protect confidences from transferring employees R-4, RI-115, RI-284, RI-285
Duty to report misconduct of employees RI-29
Imputed disqualification of hiring firm RI-115, RI-284, RI-285
In house counsel giving recommendations to CEO RI-300
Intake information protected by privilege RI-123
Intermediary between lawyer and client RI-123, RI-191, 74 MBJ 438 (May 1995)
Judicial employees related to advocates before judge RI-12
Law firm "leasing" lawyer employees RI-310
Lawyer as court employee handling juvenile matters JI-50
Lawyer's duty to instruct R-4
"Leased" lawyer working for law firm RI-310
Legal assistant handling administrative proceeding RI-125
Legal assistant screening clients RI-128
Lobbyist employee of law firm RI-187
Nonlawyer employee of firm related to presiding judge C-216, J-6
Nonlawyer listed on firm letterhead RI-34, RI-105
Part-time referee engaging in law practice JI-126
Probate court appointed lawyers JI-50
Referee who also practices law before own court JI-126
Signatories on trust accounts RI-107
Subordinate lawyer disclosing information to supervising lawyer RI-300
Subordinate lawyers, duty to report misconduct of RI-149
Supervising lawyer who is subject to review by subordinate lawyer RI-300
Supervision of RI-149, 71 MBJ 826 (Aug 1992)
Temporary employees listed on letterhead RI-290
Temporary lawyers working for law firm RI-310
Transferring lawyers R-4, RI-285
Transferring nonlawyers RI-115, RI-284
Union for employees conflicts with client RI-60
Witness where supervisory lawyer is advocate RI-26, RI-233

Employment

Administrative hearing officer negotiating employment RI-11
Disciplined lawyer working in law firm Matter of Chappell, SC #72823 (1984)
In contemplation of leaving judicial office JI-35
Job hunting with firm representing party RI-11
Law firm "leasing" lawyer employees RI-310
Lawyer leaving firm 77 MBJ 1078 (Oct 1998)
"Leased" lawyers working for law firm RI-310
Nonlawyer transferring after becoming lawyer RI-285
Temporary lawyers working for law firm RI-310
Transferring lawyers R-4, RI-285
Transferring nonlawyers between law firms RI-115, RI-284

Environmental Practice

Allocation impact affecting multiple clients differently R-16
Client consent impact on multiple representation conflicts R-16
Condemnation representation of government by outside counsel RI-267
Disputes concerning divisions of PRPs R-16
Duty to review potential conflicts after undertaking representation R-16
Mistaken disclosure of documents RI-179
Potential conflicts of interest R-16
Representing multiple PRPs R-16
Representing owners and generators R-16
Representing major and de minimis PRPs R-16
Restricting lawyer's representation RI-132
Undertaking multiple representation R-16

Ethics Committee

Amendments to ethics rules 70 MBJ 184 (Jan 1991)
Authority to answer judicial ethics inquiries JI-8
Composition of committee 70 MBJ 184 (Jan 1991)
Ethics consultation 74 MBJ 192 (Feb 1995)
Ethics opinions in pending matters JI-8
Jurisdiction 70 MBJ 184 (Jan 1991)
Matters pending before a tribunal JI-8
Opinion requests 70 MBJ 184 (Jan 1991)
Pending matters JI-8
Procedures of committee 70 MBJ 184 (Jan 1991)
Requests for ethics opinions from judges JI-8
Rules of committee 70 MBJ 184 (Jan 1991)

Ethics Rules

Applicability to administrative hearing officers R-12, RI-11
Applicability to alternate dispute resolution RI-188, RI-265, RI-269, RI-274
Applicability to assisting pro se litigant by delivering unbundled legal services RI-347
Applicability to federal practice RI-162
Applicability to lawyer's nonlaw business RI-198
Applicability to legal assistants R-1, RI-103, RI-125
Applicability to magistrates JI-10, JI-19, JI-29, JI-56, A/O 50
Applicability to nonlawyers R-1, RI-103, RI-125
Applicability to referees JI-10, JI-19, JI-29, A/O 111
Applicability to superseded rules RI-270

Ex Parte Contacts
See Contact with Adjudicators
See Contact with Represented Persons
See Contact with Unrepresented Persons
See Witnesses
back to list

Expenses
See Costs and Expenses of Litigation
back to list

Extrajudicial Activities
See also Business Interests
See also Charitable/Civic Activities of Judges
See also Disqualification
See also Political Activity
See also Statements of Position
back to list

Advancing personal interests of others JI-15, JI-41, JI-47, JI-135, JI-137
Attending court proceeding as moral support for party JI-14
Attorneys asked to participate in pro bono activities J-7
Authoring publications JI-76, A/O 97
Bingo participation for political party JI-73
Business participation J-3, J-6, JI-70
Character reference from judge JI-41, A/O 67
Co-ownership of business with sheriff and magistrate JI-86
Conciliation participation by judge JI-69
Continuing relationship with judge's former law practice JI-89
Corporate officer J-3, J-6, A/O 6
Discipline hearing panel member JI-24
Discrimination protest rally JI-109
Display of attorney’s for-profit educational courses and materials JI-135
Golf course board JI-70
Handling funds for judicial association JI-136
Health maintenance organization board service JI-72
Honorarium for hosting cable television show JI-137
Investigative work performed without charge A/O 10
Investment club membership by judge JI-119
Judge Advocate Corps service A/O 21
Judge as member of honorary committee of charitable organization JI-139, J-8
Judge as member of investment club with lawyers JI-119
Judge as officer, director, trustee, or nonlegal advisor of charitable or non-profit organization JI-139, J-8
Judge encouraging pro bono activities J-7
Legal advisor A/O 6
Negotiating for employment in contemplation of leaving judicial office JI-35
Police commissioner JI-94
Political party inviting judge to attend dinner JI-115
Politically endorsed committee, judge as member JI-12, JI-140
Pro bono solicitation by judge J-7
Public protest participation, discrimination JI-109
Referrals to organization of which judge is board member JI-64, A/O 59
Selling law books JI-40
Seminar related to case pending before judge JI-84
Soliciting pro bono participation J-7
Solicitation of funds J-1, JI-3, JI-33, JI-48, JI-73, JI-136, JI-139, J-8
Speech at private company seminar JI-80
Title examination services prohibited A/O 1
Track steward services performed by judge JI-110
Witness to will A/O 8

—Charitable activity

Academic advisory committee A/O 35
AIDS awareness ribbon worn on judicial robes JI-68
Board member of a nonprofit legal aid organization JI-38, JI-51, A/O 45
Judge participating in "lockup for charity" JI-125
Legal aid organization board member JI-38, JI-51, A/O 45
Non-judge director of judge's organization soliciting funds for charitable purpose JI-33
Not for profit board memberships J-1, J-3, J-6, JI-42, JI-139, JI-140, J-8
Setting "bail" for charity event JI-125
Soliciting funds for charity J-1, JI-33, JI-139, J-8
Sports participation of judges funded by lawyers JI-54
Testimonial dinner for nonjudicial officer JI-49, J-8

—Civic activity

Census committee board JI-18
Millage participation by judge JI-116
Police commissioner JI-94
School millage participation JI-116

—Educational activity

Academic advisory committee A/O 35
Compensation JI-75, JI-76, JI-80
Divorce pamphlet for nonlawyers JI-76
Editing political journal JI-99
Newspaper column C-217
Scholarship to seminar for women leaders JI-75
Seminar related to case pending before judge JI-84
Speech at private company seminar JI-80
Teaching at private educational institution JI-99

—Improvement of law or legal system

Adult education elimination proposal JI-108
Alternate dispute resolution center A/O 91
"Commission to Take Testimony" A/O 2
County reform committee A/O 19
Court revision committee A/O 90
Crime legislation implementation committee A/O 68
Debate moderator A/O 23, A/O 63
Debate sponsored by political party—judge as moderator JI-121
Development authority for municipality A/O 96
Fund granting activities JI-12, JI-140
Government board JI-12, JI-140
Judge serving as moderator at debate JI-121
Law Revision Commission membership JI-67
Millage campaign participation JI-46
"One House Legislature" committee A/O 46
Police commissioner JI-94
Political party-sponsored debate—judge as moderator JI-121

Extrajudicial Communications
See Contact with Adjudicators
See Contact with Represented Persons
See Contact with Unrepresented Persons
See Contact with Witnesses

back to list

Federal Practice

Applicability of ethics rules RI-162

Fees
See also Contingent Fee
See also Decision-Making Authority of Client
See also Division of Fees
See also Referral Fees
See also Trust Accounts
back to list

See Legal Fees and Ethics, 78 MBJ 712 (July 1999)

—Advertising

Consultation fees RI-244
Discounts RI-164, RI-229
Donations RI-163
Fee schedule RI-244
"No fee unless recovery" C-238, RI-9

—Calculation of Fee

Accounting to client R-7
Adjustments in fee agreement after work performed RI-150, RI-241
Ambiguous in fee agreement RI-162
Apportionment among third parties benefited by services RI-155
Assisting client to proceed pro se C-223
Billing multiple clients for work during same time period RI-150
Charging fee for grievance defense RI-296
Charging for withdrawal RI-296
Court-awarded sanctions 73 MBJ 1085 (Oct 1994)
Disciplined lawyer RI-19, RI-30, RI-270
Division of fee with out-of-state attorney RI-122
Divorce case, "results obtained" or "value added" provision RI-346
Duty to review reasonableness of fee before collection RI-150, RI-162
"Earned" portions of fixed fee RI-69
Fixed fee refund RI-69
Installment recovery RI-162
Interest on past due accounts 70 MBJ 948 (Sep 1991), 76 MBJ 986 (Sep 1997)
Interrupted representation 75 MBJ 294 (Mar 1996)
Mixed fee, hourly/percentage/fixed RI-6
No-fault insurance representation C-223, C-226, RI-155
"Nonrefundable" retainer refund RI-10, RI-69
Out-of-state attorney, division of fee RI-122
PIP claims C-223, RI-155, 71 MBJ 195 (Feb 1992)
Present value of pension benefits RI-162
Property execution against client exceeds fee owed RI-277
"Quantum meruit" calculated R-11, RI-30, 68 MBJ 856 (Sep 1989)
"Reasonableness" of fee RI-150, RI-162
Reviewability by court RI-162
Scope of representation affects calculation RI-175
Setting aside settlement RI-175
Settlement negotiation on merits C-235
Surcharges RI-241

—Collection of

Assignment of receivables while representing debtor RI-159
Bypassing trust account RI-189
Court-appointed receiver charging to defend grievance RI-330
Court-awarded fees RI-247
Court awarded sanctions RI-303
Credit card arrangement for client fees RI-168, RI-344
Disciplined lawyer RI-19, RI-30, RI-270
Disputed fees—court awarded sanctions execution against client property RI-277
Hospital charged for no-fault representation C-226, RI-155
Insufficient funds to pay client judgment and fee award RI-247
Litigation while still representing client prohibited RI-159
Pursuing fee award when client judgment unsatisfied RI-247
Receiver charging fees to defend grievance RI-330
Sanctions ordered by court—division with client RI-303
Written fee agreement—court awarded sanctions RI-303

—Confidentiality of

Accounts receivable information disclosed to bank RI-77
Fee arrangement 75 MBJ 822 (Aug 1996)
Reporting cash transactions over $10,000 RI-54
Revealing amount to opposing party as part of settlement negotiation of client's matter C-235

—Conflicts of Interest

Attorney fee as part of negotiated settlement on merits C-235
Commission from real estate broker for referring customers RI-146
Court awarded sanctions RI-303
Disputed fees—court awarded sanctions RI-303
Forwarding client to nonlawyer for services, collecting fee RI-231
No-fault claim and medical providers C-223, RI-155
Sanctions ordered by court—division with client RI-303
Screening disqualified lawyer from participation in fee R-4
Segregating transferred lawyer from fee R-4
Transferring lawyer screened R-4
Use of subsidiary firm to limit fees RI-326
Written fee agreement—court awarded sanctions RI-303

—Disputes Concerning Fees

Appeal, no extra charge R-11
Arbitration clause as part of agreement RI-2, RI-196
Client consent to referral service portion RI-32
Contested referral fee RI-224
Contingent fee agreement, portion for successor lawyer R-11
Deposit in interest-bearing trust account until earned R-7
Disbursing trust funds R-7
Failure to perform when not paid In re Daggs, 384 Mich 729 (1971)
Judicial objection to attorney fee RI-162
Lawyer testifying; firm disqualification RI-299
Liens, charging 68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994)
Liens, retaining 68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994)
Liens, security interest RI-40, 68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994)
Notice to medical providers on no-fault claim C-226, RI-155
Property execution exceeds fee owed RI-277
Stipulation for withdrawal when not paid RI-20
Unearned fees deposit in trust account R-7
When available only on percentage basis RI-15

—Nonpayment of Fees

Assignments of receivables RI-159
Calculation dispute R-7, RI-84
Court award against client real estate RI-277
Credit card arrangement for clients RI-168
Disbursement dispute R-7, RI-61, RI-64, RI-69
Failure to perform when lawyer not paid In re Daggs, 384 Mich 729 (1971)
Insurance policy on life of client to secure fee RI-27
Interest on unpaid accounts 76 MBJ 986 (Sep 1997)
Liens, charging 68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994)
Liens, judgment RI-277
Liens, retaining 68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994)
Liens, security interest RI-40, RI-277, RI-357, 68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994)
Mortgage interest to secure RI-40, RI-354
Remedies 68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994)
Reporting unpaid bills to credit reporting agency permissible only under certain conditions RI-335
Security interest RI-40, RI-357, 73 MBJ 690 (Jul 1994)
Stipulation for withdrawal when not paid RI-20
Suit for unpaid fees against current client RI-159

—Terms of Agreement

Appeal, no provision for taking R-11
Arbitration clause in attorney/client fee agreement RI-2, RI-196
Bequest to particular beneficiary RI-229
Bypassing trust account RI-189
Client agreeing to pay lawyer's malpractice premium RI-319
Consent of client for division of fee RI-32
Conservator as client/contingent fee RI-304, RI-342
Contingency fee re-negotiating with client RI-308
Contingent fee agreement silent concerning appeal R-11
Contingent fee divided with out-of-state attorney RI-122
Contingent fee divided with suspended lawyer RI-30
Contingent fee for independent contractor RI-104
Contingent fee for insurance benefits owed fiduciary client RI-340, RI-342, RI-350
Disclosure of details of fixed fee for representing insured not required RI-343
Discounts for special clients RI-32, RI-147, RI-229
Discounts for specific services RI-164, RI-229
Discounts as incentives for membership in organization RI-147
Divorce case, "results obtained" or "value added" provision RI-346
Donation of fee to charitable purpose RI-163
Escheated funds RI-193, RI-359
Fee division with law firm RI-305
Fees paid by third party RI-293
Fixed fees RI-50, RI-69
Flat fee, insufficient for adequate representation RI-337
Hourly/percentage rate, greater of RI-6
Hourly/percentage rate, lesser of RI-6
Independent judgment—fees paid by third party RI-293
Insurance policy on life of client to secure fee RI-27
Installment recovery RI-162
Insurer paying fixed fee cannot require lawyer not to disclose fee basis to client RI-343
Interest charged on unpaid client accounts 70 MBJ 948 (Sep 1991)
Lawyer departing firm RI-305
Lawyers in different firms RI-305
Limited to specific advice RI-132
Limiting liability in retainer agreement RI-319
Mixed fee, client pays greater of two calculations RI-6
Mixed hourly/percentage rate RI-6, RI-114
Mortgage on client property to secure fee RI-40
Parent paying for representation of minor child RI-140
Partnership agreement RI-305
Probate and wrongful death action charged at different rates RI-114
"Reasonableness" of fee agreement RI-150, RI-162, RI-168, RI-193
Reduced billing for limiting liability of lawyer RI-319
Re-negotiating contingency fee agreement RI-308
Reviewable by court RI-162
Set by contract with referral agency RI-17
Stipulation for withdrawal if fee not paid RI-20
Third party limiting advice or services RI-132
Transportation time to and from court RI-150

—Terms of Payment

Accepting credit card payments for advance legal fees RI-344
Advising client of available fee options RI-17
Allocating attorney fees to class action clients RI-324
Attorney fees allocated to class action clients RI-324
Costs, client responsible for court costs RI-104
Conflict of interest and acceptance of referral fee RI-116
Foreclosure exceeds fee owed RI-277
Installment recovery, how fee paid RI-162, RI-175
Insurance policy, lawyer beneficiary on client life RI-27
Interest on unpaid client accounts 70 MBJ 948 (Sep 1991)
Limited to specific advice RI-132
Mortgage on client property to secure fee RI-40, RI-354
Set by contract with referral agency RI-17
Third party limiting advice or services RI-132
Witness fees C-240, RI-104

—Types of Fees

Alimony, collection of RI-28
Collection cases taken on percentage basis RI-15
Commission from nonlawyer for referring business RI-146
Contingency fee—re-negotiating with client RI-308
Consultant contract with law firm RI-104
Contingent fee agreement, portion for successor lawyer R-11
Contingent fee for renegotiating settlement RI-175
Contingent fee in collection case RI-15
Contingent fee in domestic relations cases RI-28, RI-127, RI-198, RI-204, RI-346
Court-awarded sanctions 73 MBJ 1085 (Oct 1994)
Divorce case, "results obtained" or "value added" provision RI-346
"Earned" portions of fixed fee RI-69
Fixed fee, refunds RI-69
Fixed fee arrangement terminated RI-69
Fixed fee for subsidiary firm RI-326
Hourly rate to submit to deposition RI-3
Interest on unpaid client account 70 MBJ 948 (Sep 1991)
Late fees RI-241
Mixed fees consisting of hourly/percentage/referral RI-6, RI-114, RI-150
Nonrefundable retainers, criteria RI-10, RI-69
Nonrefundable retainers deposited in operating account R-7
Referral fee RI-224
Referral fee from insurance agent RI-339
Referral service participation 70 MBJ 146 (Feb 1991)
Re-negotiating contingency fee agreement RI-308
Retainer, accepting without instruction concerning work RI-58
Retainer, nonrefundable R-7, RI-69
Retainers deposited in trust account R-7, R-21
Statutory attorney fees C-235
Subsidiary firm charging fixed fee RI-326
Surcharges RI-241
Transferred lawyer, screened from fee R-4
Transportation time charged to client RI-150
Witness fees C-240, RI-104, RI-138

—Written agreement

Ambiguity interpreted for client RI-184
Appeal not covered in trial contract R-11
Arbitration of fee disputes RI-2, RI-196
Client agreeing to pay lawyer's malpractice premium RI-319
Contingent fee based upon future recovery RI-175
Interest charges 70 MBJ 948 (Sep 1991)
Lawyer departing firm RI-305
Lawyers in different firms RI-305
Limiting liability in retainer agreement RI-319
Mixed fee arrangements RI-6
Nonrefundable retainer RI-10
Partnership agreement—division of fees RI-305
Reduced billing for limiting liability of lawyer RI-319
Security interest to secure fee RI-40

Fee Splitting
See Division of Fees
See Lawyer Referral Services
back to list

Files of Client
See also Liens
See also Record Retention
See also Safekeeping Client Property
back to list

Access to information about client of former firm R-5
"Client property" RI-240
Copying costs RI-203
Damaged client files RI-109
Declined representation RI-240
Departing lawyer RI-86
File is property of lawyer R-19
Held by discharged lawyer until costs paid RI-86, RI-245
Microfilm in lieu of paper file R-12
Lien 68 MBJ 856 (Sep 1989), 70 MBJ 1196 (Nov 1991), 73 MBJ 690 (Jul 1994)
Notice regarding disposition of closed representation files R-12, RI-109, RI-240
Ownership of representation file R-19
Record retention plan R-5, RI-178, RI-240, 70 MBJ 1018 (Oct 1991)
Referral agreement—new client against firm RI-294
Retaining lien RI-203, 68 MBJ 856 (Sep 1989)
Retiring lawyer RI-100
Returning file to client RI-203, RI-240, R-19, 70 MBJ 1196 (Nov 1991), 68 MBJ 856 (Sep 1989), 68 MBJ 360 (May 1989)
Successor counsel not responsible for client's arrearages RI-203
Withholding file until fee is paid RI-203, 70 MBJ 1196 (Nov 1991), 68 MBJ 856 (Sep 1989), 68 MBJ 360 (May 1989)

Financial Interests
See also Business Interests
See also Disqualification
See also Dual Practice
back to list

Accepting referral from investment firm RI-317
Alternate dispute resolution business, waiver of liability RI-263
Attorney advocate in matter C-228, J-4, J-6, JI-39, People v. Perkins, 193 Mich App 209 (1992)
Collateral for law firm bank loan RI-77
Disclosure by judge JI-13
Disqualification of judge—firm purchasing judge's former practice JI-118
Divestiture by judge JI-13
Financial connection between judge and advocate C-228, J-4, J-6, People v. Perkins, 193 Mich App 209 (1992)
Judge as landlord to lawyers J-4, J-6, JI-6
Judge failing to report outside income Matter of Jenkins, 437 Mich 15 (1991)
Judge negotiating personal loan from estate In re Graham, 366 Mich 268 (1962)
Judge receiving pro bono legal services JI-106
Law firm buying judge's former practice appearing before judge JI-118
Lawyer named as personal representative without bond RI-291
Loan for law firm, revealing accounts receivable RI-77
Pension plan of judge JI-20
Referral fee from investment firm RI-317
Regular or one-time disbursements to judge J-4, J-6
Spouse of judge as landlord to lawyers JI-13
Waiver of liability, nonlaw business RI-263

Firm Name

Common name not previously affiliated with firm RI-173
"Continuing succession" RI-45
Deceased lawyer RI-45
Employee of firm in name of firm RI-59
Former shareholder remaining with firm as employee RI-59
Franchising firm name as trade name RI-130
Inferring multiple offices RI-246
Historical landmark in firm name RI-173
"Honorable" being used by former judge RI-327
Lawyer and medical professionals RI-212
Lawyer no longer associated with firm RI-45
Lawyer not in fact partner or shareholder RI-45
Liability when office-sharers use joint name American Casualty Co. v. Costello, 174 Mich App 1 (1989)
Limited Liability Company R-17
Misleading ads, inferring more than one lawyer RI-221, RI-246
"Of counsel" RI-90
Professional corporation held out as partnership RI-144
Professional corporation with name of out-of-state lawyer RI-144, RI-353
Retaining title "Honorable" when entering private practice RI-327
Retired shareholder RI-90
Shareholder name in PC name RI-59
Subsidiary firm RI-326
Trade names C-231, RI-130, RI-173, RI-212, RI-221, RI-326
Unassociated lawyers C-230, RI-130
Using "Honorable" in letterhead RI-327

Forgery
See also Fraud
See also Misconduct
back to list

Client fraud RI-209
Conduct as lawyer results in removal Matter of Loyd, 424 Mich 514 (1986)
Misconduct as attorney resulting in removal from office Matter of Ryman, 394 Mich 637 (1975)

Former Client
See also Conflicts of Interest
See also Disqualification
See also Dual Practice
See also "Personal and Substantial" Participation
See also Record Retention
See also Winding Up Law Practice
back to list

—Changing Firms

Former defense counsel becomes prosecutor RI-152
Insurance defense counsel transfers to plaintiff firm R-4
Screening R-4

—Confidentiality

Address of former client RI-207
Collection of judgment affected by prospective case RI-137
Consultation not resulting in representation RI-154
Current client's alleged fraud against former client RI-217
Disqualified prosecutor may not select special prosecutor RI-152
Joint client privilege vis-a-vis each other RI-287
Likelihood that confidential information will be used or disclosed RI-192, RI-282
Nonpublic information relevant to subsequent case RI-248

—Materially Adverse

Adverse to former client's recovery under judgment RI-137, RI-174
Real estate claim against former client's property settlement RI-248

—Motion for Disqualification

Judicial discretion in granting motions RI-51, RI-287
Tactical motions RI-287

—"Substantially Related"

Access to information about client of former firm R-4
Adversary of R-4, RI-8
Arising out of same incident with same parties RI-287
Assisting prospective client against RI-106
Changed circumstances as affecting RI-282
Child custody dispute with former client as interested person RI-161
City attorney presiding as hearing officer in matters related to city client's insurer RI-129
Confidentiality breach inevitable, disqualification RI-35
Confidentiality breach possible RI-46
Confidentiality duties to prospective client RI-48, RI-154
Conflict screening R-4, 70 MBJ 72 (Jan 1991)
Consent to related representation RI-35
Corporation objecting to former counsel's representation RI-35
Custody dispute, spouse of former client RI-161
Defending client against R-4, RI-4
Disclosure of illegal activity RI-72, RI-106, RI-111, RI-138
Discrimination suit against company lawyer formerly represented in discrimination matter RI-192
Divorce and land foreclosures RI-46
Divorce matter against same opponent RI-137
Divorce representation against former divorce client RI-282
Firm of transferring lawyer R-4
Former prosecutor serving as judge JI-34
Hearing matter as referee RI-1
Illegal conduct of RI-138
Imputed disqualification after initial consultation RI-48
Initial consultation triggering disqualification RI-48, RI-154
Initial interview by nonlawyer employee RI-123
Insured's claim against insurer formerly represented with insured RI-287
Insurer which regularly forwards business as adverse party in unrelated matter C-234
Interference with ability of client to collect judgment RI-137
Joint clients in new dispute RI-248
Judgment for former client affected in current representation RI-137, RI-174
Lawyer changing firms R-4
Lawyer's duty to prove no conflict RI-48
Likelihood that confidential information is relevant RI-35, RI-46, RI-174, RI-282
Of former firm R-4
Of former firm, representing adversary R-4, RI-8
Overlap of factual or legal issues with current representation RI-46, RI-282
Property dispute awarded to former client RI-174
Prospective client causing later disqualification RI-48, RI-154
Real estate claim against former client's property settlement RI-248
Representing unrelated client against insurer who regularly forwards business C-234
Scope of representation makes unintentional breach of confidences inevitable RI-35
Shareholder against former client corporation RI-95
Subject matter same as current representation RI-46
Subsequent representation depleting assets available to satisfy client's judgment RI-137
Time passage as affecting RI-282
Transferring lawyer R-4, RI-8, RI-285
Transferring nonlawyers RI-115, RI-284
Will beneficiaries against former client personal representative RI-87
Witness in former client's proceeding RI-41

—Screening

Adequacy R-4
Imputation to assistant prosecutors RI-43, RI-152
Not acceptable once conflict arises RI-139

—Withdrawal

Consultation not resulting in representation RI-154
Screening does not avoid duty RI-139
Timeliness RI-139
Unavailability of substitute counsel not an excuse RI-139

Forwarding Business
See also Ancillary Services
See also Division of Fees
See also Lawyer Referral Services
See also Office Sharing
back to list

—Referral to law firm

From independent document preparation service RI-186
From lawyer's document preparation service RI-191
From lawyer's financial planning business RI-190
From lawyer's insurance business RI-135
From nonlaw business 74 MBJ 438 (May 1995)
From lawyer's title insurance company RI-5
From marital counseling service RI-206
From physician RI-205

—Referral to nonlaw business

Financial planning business owned by lawyer RI-190
Insurance business owned by lawyer RI-135
Lawyer's total fee in contingency matter limited to 1/3 RI-231
Payment to lawyer RI-231
Percentage of nonlawyer's fee charged to client RI-231
Real estate brokerage RI-146
Title insurance company owned by lawyer RI-5

Former Law Firm
See Law Firm
See Winding Up Law Practice
back to list

Fraud

Assisting client's illegal or fraudulent act RI-160
Bankruptcy fraud RI-184
Client's fraudulent acts RI-209
Fraudulent alteration of deeds before becoming judge Matter of Ryman, 394 Mich 637 (1975)
Fraudulent conveyance, duty to rectify RI-151, RI-156
Investment fraud, identifying victims RI-81
Set aside divorce judgment for fraud RI-127
Submitting applications in name of deceased person Matter of Hotchkiss, 411 Mich 1135 (1981)
Suspicion of client fraud insufficient to allow disclosure RI-156
Tax fraud of parties, judge's reporting duty A/O 89

Frivolous Suits

Duty to dismiss R-9
Duty to investigate R-9
"Reasonable investigation" R-9
Relying on client's version of facts R-9
Page 1   2   3   4   5   6

 

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.

     

 

follow us
Follow Us on Facebook Follow Us on LinkedIn Follow Us on Twitter Follow the SBM Blog

 

©Copyright 2014

website links
Contact Us
Site Map
Website Privacy Statement PDF
Staff Links

SBM on the Mapcontact information
State Bar of Michigan
306 Townsend St
Lansing, MI 48933-2012
Phone: (517) 346-6300
Toll Free: (800) 968-1442
Fax: (517) 482-6248