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Michigan Ethics Opinions Index
Page 1   2   3   4   5   6

Negotiation
See Alternate Dispute Resolution
See Settlements
back to list

Nonlawyers
State Bar Membership Services has a compilation of material on this subject.
See also Division of Fees
See also Employees
See also Legal Assistant
See also Unauthorized Practice of Law
back to list

Communication with clients on lawyer's behalf RI-349
Confidentiality of communications to lobbyist employee RI-187
Disciplined lawyer, law firm interest RI-238
Drafting deeds for review by lawyers RI-298, RI-349
Intermediary for trust kit sales RI-325
Lobbyist employee of law firm RI-187
Ownership of law firm interest RI-225, RI-238
Nonlawyer transferring after becoming lawyer RI-285
Payments to estate of deceased lawyer RI-216
Payment to lawyer for referring business RI-231
Screening of transfers between firms RI-115, RI-284, RI-285
Trust kit salespeople RI-325

—Scope of Activity

Advocate in administrative proceedings C-239, RI-103, RI-125, State Bar of MI v. Galloway, 422 Mich 188 (1985)
Agents of other persons Cobb v. Judge Superior Court of Grand Rapids, 43 Mich 289 (1880), Marquette Prison Warden v. Meadows, 114 Mich App 121 (1982), Bay County Bar Ass'n v. Finance System, Inc., 345 Mich 434 (1956)
Consulting arrangement with nonlawyer tax appeals expert RI-104
Corporate officers representing corporation 69 MBJ 1007 (Oct 1990), Peters Prod., Inc. v. Desnick Broad. Co., 171 Mich App 283 (1988)
Delegation of duties to RI-191, 71 MBJ 826 (Aug 1992)
Determining when legal services are needed RI-186
Document preparation service RI-186, State Bar v. Cramer, 399 Mich 116 (1976)
Initial interview done by RI-123, RI-191
Letterhead, included on law firm RI-34, RI-105, RI-323
Ownership of law firm interest RI-225
Referring customers to lawyers RI-186
Reviewing disputes between lawyers and clients RI-7, RI-15
Transferring between firms RI-115, RI-284

—Supervision by Lawyer

Administrative agency proceedings RI-125
Changing firms requires imputed disqualification RI-115, RI-284
Delegation of duties to RI-191, RI-349, 71 MBJ 826 (Aug 1992)
Door-to-door contacts with prospective clients RI-191
Dual practice with medical personnel RI-212
Duty to supervise R-1, RI-103, RI-125, RI-191, RI-349, 71 MBJ 826 (Aug 1992)
Graduates not yet licensed 71 MBJ 1061 (Oct 1992)
Location of nonlawyers too remote R-1
Prison legal services program R-1
Ratio of nonlawyers to lawyers too high R-1
Referral service participation 70 MBJ 146 (Feb 1991)
Transferring between firms R-4, RI-115, RI-284, RI-285
Trust kit operation RI-191
Unlicensed law graduates 71 MBJ 1061 (Oct 1992)

Nonpayment of Fees
See Fees
back to list

"Of Counsel"

Advertising RI-102, A/O 80
Affiliations of lawyers RI-90, RI-102, RI-110, A/O 80
Conflicts of interest 74 MBJ 1060 (Oct 1995)
Firm name RI-90
Generally 74 MBJ 1060 (Oct 1995)
Imputed disqualification RI-102, RI-237, A/O 80
Relationship between advocate and presiding judge's former firm A/O 80
Lawyer acting as fiduciary disqualifies firm from representation RI-237
Letterhead RI-102, RI-110
Multi-jurisdictional practice RI-102
Public official associated with firm practicing before agency RI-236
Relationship defined 74 MBJ 1060 (Oct 1995)

Office Sharing

See, generally "Lawyers Sharing Office Space" 77 MBJ 194 (Feb 1998)
Advertising RI-9, 68 MBJ 245 (Mar 1989)
Captured counsel sharing office space with employer insurance company RI-338
Confidentiality protected RI-118, RI-135, RI-206, RI-249
Conflicts of interest RI-249
Disqualification of office-sharers when lawyer testifies RI-299
Document preparation service of lawyer RI-191
Financial planner and lawyer RI-118
Friend of the Court referee sharing with family law practitioner RI-249
Imputed disqualification RI-249
Insurance business of lawyer RI-135
Lawyers for insureds can be housed in insurance company offices RI-338
Letterhead 68 MBJ 245 (Mar 1989)
Liability when using joint name American Casualty Co. v. Costello, 174 Mich App 1 (1989)
Marital counseling service RI-206
Nonlaw business RI-118, RI-135, RI-206, 68 MBJ 948 (Oct 1989)
Rent calculated as percentage of gross income RI-133, RI-201
Residence of lawyer RI-118
Segregation of businesses RI-68, RI-118, RI-206
Sharing facsimile machines prohibited RI-249
Sharing letterhead prohibited C-230, RI-59, 71 MBJ 510 (Jun 1992)
Sharing space with non-law business RI-314
Sharing phone lines prohibited RI-249
Sharing receptionist  
Signatories on trust account RI-107
Spouses RI-118, RI-206
Unassociated lawyers 68 MBJ 948 (Oct 1989), 71 MBJ 510 (Jun 1992)

Opposing Counsel

Duty to reveal assistance to pro se litigant with appearance is limited RI-347
Employees discussing litigation with R-2
Negotiating settlement with presence of RI-145
Permission to contact current lower level employees R-2, RI-120
Permission to contact former employees R-2, RI-120
Threatening to call opposing counsel as witness RI-297

Paralegals
See Employees
See Legal Assistant
See Nonlawyers
back to list

Part-Time Practice
See also Dual Practice
back to list

—Judicial Officer

Appealing decisions from own court A/O 105
Appearing before court that employs referee JI-126
Director, officer of bank J-3, J-6
Domestic relations referee RI-1, RI-249
Magistrate JI-77, JI-97
Officer or director of business J-3, J-6
Office sharing RI-249
Personal and substantial participation as judge in matter JI-42, JI-97, RI-249
Probate judge JI-42
Prosecutor prohibited from serving as magistrate JI-56
Referee JI-77, RI-1, RI-249
Referee practicing before employer court JI-126
Reporting extrajudicial income JI-77
Representing clients in which referee participated RI-1, RI-249
Representing clients in same court where serving A/O 93
Resignation before nonjudicial candidacy A/O 111
Retired judge business participation J-3, J-6

—Lawyer

Domestic relations referee RI-1, RI-249
Government attorney handling defense cases C-212, R-13
Part-time probate judge JI-42
Prosecutor prohibited from serving as magistrate JI-56
Office sharing RI-249
Representing clients in which referee participated RI-1, RI-249
Retired judge serving on board of business J-3, J-6

Patent/Trademark

Advertising with organization assisting inventors RI-167
Firm name with registered patent agent RI-144
Recommending lawyers for patent work RI-167
Representing party against client of former firm R-4
Screening firm from client brought by new lawyer RI-97
Unlicensed patent agent, association with RI-144

Perjury
See Candor to Court
See Misconduct
back to list

"Personal and Substantial" Participation
See also Conflicts of Interest
See also Disqualification
See also Dual Practice
See also Part-Time Practice
See also Public Official
back to list

Attorney general divisions RI-177
By administrative hearing officer RI-11
City attorney/referee RI-129
Commissioner/lawyer R-15
Former client conflict because of RI-11
Former prosecutor performing defense work RI-253
Former defense counsel as prosecutor RI-152
Meaning of "personal and substantial" participation JI-34
Participation in matter of public officer limits private practice RI-11, JI-97
Participation in matter of public officer results in disqualification RI-11, JI-97
Participation in prior employment affects public duties RI-43
Part-time judge practicing law JI-42, JI-97
Prosecutor formerly defense lawyer RI-152
Prosecutor providing services for Department of Social Services RI-183
Prosecutor who formerly participated as law clerk RI-43
Prosecutor's duties to state and other government agency RI-183
Referee who "personally and substantially" participated as private lawyer RI-1
Special assistant attorneys general RI-177
Withdrawal from case to negotiate employment RI-11

Personal Relationships
See also Conflicts of Interest
See also Disqualification
back to list

Acquaintance of judge appearing as advocate or party JI-44
Advocate is judge's personal lawyer in unrelated matters J-5, J-6, JI-39, R-20
Advocate related to presiding adjudicator J-4, J-6, R-3
Advocate represented judge's family J-6, JI-102, Grievance Adm'r v. Lopatin, Attorney Discipline Bd. 92-224-GA (2/23/1996)
"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 (1989)
Animosity between judge and advocate JI-44
Business interests of judge's spouse JI-13
Cases involving former partners and clients J-6, JI-39
Codefendants with judge in unrelated matter J-6, JI-39
Cohabitation, effect on disqualification J-6, R-3
Consent of clients where attorney spouses appear J-6, R-3
Court administrator's spouse acting as prosecutor RI-12
Dating party or advocate J-6, R-3, Matter of Templin, 432 Mich 1220 (1989)
Discipline counsel related to hearing panelist RI-119
Disclosing client confidences to spouse RI-62
Firm of family members C-216, J-4, J-6, R-3
Firms of lawyer spouses J-6, R-3
Lawyer spouses J-6, R-3
Judicial candidate related to campaign treasurer JI-90, A/O 15
Judge reviewing decisions of spouse JI-31
Judge's spouse is assistant prosecutor JI-101, JI-132, JI-133
Member of advocate's firm related to presiding adjudicator J-6, R-3, RI-119
Nonlawyer employee of advocate related to judge C-216, J-6
Opposing lawyers cohabiting J-6, R-3
Opposing lawyers dating J-6, R-3
Opposing lawyer is neighbor of client, has unauthorized access RI-145
Opposing party represented by spouse's firm C-213, J-6, R-3
Paralegal relative of judge worked on case presented C-216, J-6
Party dating presiding adjudicator Matter of Templin, 432 Mich 1220 (1989)
Prosecutor handling spouse's insurance dispute RI-280
Prosecutor's spouse serving as district court administrator RI-12
Prosecutor's spouse as defense lawyer RI-228
Relatives appearing before judge as advocates J-4, J-6, R-3
Relative of judicial candidate serving as campaign treasurer JI-90, A/O 15
Representing municipality when mayor is a sibling RI-94
Spouse of judge serving on campaign committee of nonjudicial candidate JI-47
Spouse of presiding judge representing party R-3, J-6
Spouse's firm representing opposing party R-3, J-6
Spouse's insurance claim conflicting with prosecutor's duties RI-280
Spouses representing opposing parties R-3, J-6
Supervising performance of spouse JI-31
US Army Legal Assistance providing legal assistance to soldiers and spouses RI-172
Witness's employee related to presiding judge JI-62

Personal Representative
See Probate and Estate Practice
back to list

Political Activity
See also Campaign Practices
See also Candidates
See also Statements of Position
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—Judicial Officer

Ad books of political party, buying space in JI-36
Adult education, stating opinion on governor's proposal JI-108
Applicability of Judicial Code JI-10, A/O 50
Ballot proposals C-237, A/O 14
Bar association office JI-53
Bingo announcing JI-73
Campaign committee service A/O 74, A/O 86
Candidate for judicial office included in literature with nonjudicial candidates JI-11
Candidate ratings by local bar association JI-120
Candidate resigning from governmental board JI-91
Census committee board participation JI-18
Chamber of Commerce PAC JI-65
Charitable board organized under political party JI-22
Client naming lawyer drafting will as personal representative RI-291
Contribution to political action committee JI-105
Debate sponsored by political party-judge as moderator JI-121
Discrimination protest participation JI-109
Discussing position on political issues JI-131
Drafting lawyer named as personal representative without bond RI-291
Endorsement before announcing candidacy JI-81
Endorsement of judicial candidate JI-11, JI-81, A/O 13, A/O 24, A/O 52, A/O 53, A/O 55, A/O 57, A/O 108
Endorsement of judicial candidate by political party JI-11
Endorsement of millage proposal JI-46
Endorsement of nonjudicial candidate JI-11, JI-30, A/0 25, A/O 60, A/O 102
Endorsement of pro-business candidates JI-65
Endorsement of union resolution concerning plant closings JI-52
Fund granting activities JI-12
Fund raising for political party JI-73
Government board service JI-12, JI-91, A/O 96
Holding nonjudicial partisan office JI-10, A/O 50
Hosting event A/O 32
Injunction to prevent Blackwell v. Bayles, 141 Mich App 151 (1984)
Judge attending political party fundraiser JI-115
Judge serving as moderator at debate JI-121
Judicial candidate's literature distributed JI-93
Jury records used for judge's election mailings JI-104
Legislative committee of Chamber of Commerce JI-65
Magistrate holding partisan office A/O 50
Millage proposal, judge's endorsement of JI-46
Misleading publication of candidate's rating JI-120
Nominating petitions, nonjudicial candidates A/O 25
Nonjudicial candidate, judge's participation in campaign JI-30
Opinions on ballot proposals C-237
Partisan political activity JI-10, JI-30, Matter of Bennett, 403 Mich 178 (1978)
Party affiliation Op 206
Party office A/O 74
Personal contribution to political party Op 206
Political action committee of Chamber of Commerce JI-65
Political issues, judge commenting on C-237, JI-46, JI-108
Political party inviting judge to attend dinner JI-115
Politically endorsed committee, judge as member JI-12
Political party ad book submission JI-36
Political party affiliations Op 206
Political party sponsored debate-judge as moderator JI-121
Public endorsement by judge of nonjudicial candidate JI-30
Public protest participation, discrimination JI-109
Ratings by local bar association JI-120
Recall participation by judge improper In re Bayles, 427 Mich 1201 (1986)
Resignation before becoming candidate for partisan office JI-10, JI-59, A/O 111
School board membership JI-19
Sitting on dais with spouse organizer of political fund raiser JI-47
Soliciting funds for political party Op 206
Spouse on political candidate's committee JI-47
Spouse organizing political fund raiser JI-47
Testimonial dinner for nonjudicial officer, judge attending JI-49, A/O 75, A/O 78, A/O 85, A/O 98
Union resolution, judges endorsing JI-52

Practice of Law
See also Lawyer Referral Services
See also Part-Time Practice
See also Termination of Law Practice
See also Unauthorized Practice of Law
back to list

—Nonlawyers

Administrative agency proceedings RI-125, RI-103
Agents in court 70 MBJ 442 (May 1991)
Graduates, not yet licensed 71 MBJ 1061 (Oct 1992)
Out-of-state lawyers providing legal assistance concerning Michigan laws 70 MBJ 1318 (Dec 1991), 71 MBJ 687 (Jul 1992)
Title insurance companies A/O 1, 70 MBJ 1198 (Nov 1991), 71 MBJ 428 (May 1992)

—Judge

"Assignment" of law practice in anticipation of judgeship JI-89
Charitable organization counsel J-2
Continuing relationship with judge's former law practice JI-89
District court judicial officers JI-77, JI-97
Family of judge as judge's clients J-2
Fee waiver by judge not sufficient J-2
Judicial officer appearing in out-of-state matter J-2
Judicial officer appearing pro se J-2
Judicial officer prohibited from undertaking legal work J-2
Judge's solicitation of provisions in contemplated wills A/O 16
Legal advisor to organization prohibited A/O 7
Magistrate JI-77, JI-97
"Office practice" J-2
Part-time referee engaging in law practice JI-126
Practice by judge prohibited J-2, JI-77, JI-97, JI-89
Referee, part-time RI-1, JI-77, RI-249
Referee who also practices law before own court JI-126
Tax business A/O 5
Winding up law practice before becoming judge J-2, JI-89, A/O 3, In the Matter of Ryman, 394 Mich 637 (1975)

—Lawyer

Changing firms, restrictions imposed by former firm RI-86, RI-245
City attorney, part-time R-13, RI-4
Corporate counsel required to have Michigan license 71 MBJ 555 (Jun 1992)
Judge's former firm members practicing before judge's court J-4, J-6
Ineffective assistance of counsel after nonpayment of dues People v. Pubrat, 451 Mich 589 (1996)
Out-of-state lawyers providing legal assistance concerning Michigan laws 70 MBJ 1318 (Dec 1991), 71 MBJ 687 (Jul 1992)
Screening when moving from public office to private practice R-4
Suspended lawyer taking depositions RI-101
Unlicensed law graduates 71 MBJ 1061 (Oct 1992)

Prestige of Judicial Office
See also Charitable/Civic Activities of Judges
See also Solicitation
back to list

Alternative sentencing program-restitution JI-130
Character reference provided by judge JI-41, A/O 67
Charitable activities, trading on J-1, J-8
Endorsement of nonjudicial candidates JI-11, JI-30, A/O 60, A/O 102
Former law firm of judge using judge's name JI-89
Investment club membership by judge JI-119
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, JI-140, J-8
Judge attending political party fundraiser JI-115
Judge encouraging pro bono activities J-7
Judge present in courtroom as moral support for party JI-15
Lawyers asked to participate in pro bono activities J-7
Political party inviting judge to attend dinner JI-115
Pro bono solicitation by judge J-7
Restitution-performing services to pay off sentence JI-130
Sentencing, donations to charity as part of JI-48, JI-55, JI-64
Sentencing-performing services to work off restitution JI-130
Soliciting participation J-7
Soliciting money Matter of Merritt, 431 Mich 1211 (1988), J-8
Symbols worn on judicial robe JI-68

Privileged Communication
See Attorney-Client Privilege
See Confidences
back to list

Probate and Estate Practice
See also Disability
See also Guardianship
back to list

Beneficiaries of estate, duties to R-10, RI-156
Bequest to particular beneficiary as condition of discount RI-229
Client naming lawyer drafting will as personal representative RI-291
Conflicts as claimant and fiduciary R-10, RI-79
Conservator as client/contingent fee RI-304, RI-342
Contract for public conservator services RI-213
Deceased lawyer, law firm payments to estate RI-216
Delinquency matters handled by prosecutor RI-183
Discharged lawyer, disposition of client property RI-156
Disclosure to prevent suspected client fraud RI-156
Discount for bequest to church RI-229
Distribution of assets or proceeds R-10, RI-85
Drafting lawyer named as personal representative without bond RI-291
Employee of lawyer is witness in contested will proceeding RI-26
Fees apportioned among clients RI-155
Fiduciary duties of personal representative R-10, RI-79, RI-85
Fiduciary duties performed by sitting judge A/O 64, JI-88, JI-98
Fiduciary/lawyer imputes disqualification RI-237
Fraud of client suspected RI-156
Guardian ad litem subsequent representation in matter RI-227
Inaccurate, truthful testimony RI-272
Lawyer as witness on will drafted by lawyer RI-87
Judge is attesting witness on will A/O 8
Judge is will drafter A/O 17
Judge serving as personal representative A/O 64
Judge as fiduciary A/O 64, JI-88, JI-98
Judge translates will to foreign testator A/O 8
Lawyer duties in representing fiduciary R-10, RI-350
Lawyer serving as ward's fiduciary RI-213
"Living will" and health care directive information presented at seminar RI-141
Multiple clients, lienors and personal representative RI-155
No-fault claim of estate RI-155
"Of counsel" fiduciary imputes disqualification RI-237
Part-time judge serving as conservator or trustee JI-88, JI-98
Part-time probate judge in private practice JI-42
Personal representative of estate as "client" R-10, RI-79, RI-85, RI-156
Personal representative testifying inaccurately RI-272
Probate and wrongful death representation at different fee rates RI-114
Protective order against client RI-76
Representing medical providers and pursuing third party claims RI-155
Representing personal representative as claimant and as fiduciary R-10, RI-79
Representing will beneficiaries against former client personal representative RI-87
Transfer of client property in lawyer's possession RI-156
Trust services by nonlawyer 71 MBJ 212 (Feb 1992), Detroit Bar Ass'n v. Union Guardian Trust Co., 282 Mich 707 (1938), State Bar v. Cramer, 399 Mich 116 (1976)
Trust kit services provided by lawyer through nonlawyer intermediary RI-191, 74 MBJ 438 (May 1995)
Will services by nonlawyer Detroit Bar Ass'n v. Union Guardian Trust Co., 282 Mich 707 (1938), Grand Rapids Bar Ass'n v. Denkema, 290 Mich 56 (1939), State Bar v. Cramer, 399 Mich 116 (1976)
Witnesses RI-26, RI-87
Wrongful death and probate representation at different fee rates RI-114

Prosecutors
See also Criminal Representation
See also Government Lawyer
See also Imputed Disqualification
See also Public Defender
See also Public Official
back to list

Appointments as special prosecutor C-225, RI-152
Bidding on defense contract RI-253
Campaign contribution to prosecutor from relative of defendant RI-23
Character witness in criminal case RI-233
Coercing civil settlements RI-78
Community corrections board member RI-208
Complaining witness in criminal case contacted by defense attorney RI-302
Conflicts, Department of Social Services representation RI-183
Conflicts, former city attorney RI-4
Conflicts, former criminal defense lawyer RI-152
Conflicts, pro bono cases RI-283
Conflicts, special assistants attorneys general RI-177
Continuing representation of defendant on appeal RI-295
County entity as "client" RI-112
Decision not to prosecute RI-23
Defense attorney contacting complaining witness RI-302
Defense lawyer elected prosecutor RI-152
Delinquency proceedings RI-183
Department of Social Services representation RI-183
Disqualification of judges who were assistant prosecutors JI-34
Disqualification of judges who were chief prosecutors JI-34
Disqualification when prosecutor is former defense lawyer RI-152
Employee as character witness in criminal case RI-233
Ethical duties of government lawyer 77 MBJ 76 (Jan 1998)
Former prosecutor performing defense work RI-253
Imputed disqualification of prosecutor's office RI-43, RI-152, RI-177, RI-183
Incompatible offices statute JI-56, RI-112
Insurance claim of prosecutor's spouse poses conflict RI-280
Judge's spouse is assistant prosecutor JI-101, JI-132, JI-133
Magistrate service by prosecutor JI-56
Office space rented from defense lawyer RI-82
Outside firm used to collect restitution RI-329
Plea bargain, defense counsel duty to remind prosecutor RI-165
Pro bono program RI-283
Prosecutor and defense functions, performing both R-13
Prosecutor as advisory deputy sheriff RI-96
Prosecutor handling spouse's insurance claim RI-280
Prosecutor prohibited from serving as magistrate JI-56
Prosecutor's office as "law firm" RI-43, RI-152, RI-280
Prosecutor not allowing complaining witness to talk with defense attorney RI-302
Renting space from defense lawyer RI-82
Sheriff's department as client RI-96
Special prosecutor appointments C-225, RI-152, RI-177
Spouse serves as district court administrator RI-12
Spouse as defense lawyer RI-228
Tribal court prosecutor representing criminal defendants in other courts R-13
Trust account use to collect restitution RI-329
Using outside firm to collect restitution RI-329
Witness in criminal case RI-233, RI-242

Publications

Computer programs of legal forms JI-21

Public Corporation Law
See also Corporation Counsel
See also Corporations
See also Government Lawyer
See also Inside Counsel
back to list

Arrest of city manager, duties of city attorney RI-259
Corporation counsel formerly presided over jail A/O 41
County board waiving lawyer conflicts RI-267
Disclosures of pending matters RI-266
Firm of official representing clients before board C-241, RI-22, RI-180, RI-236
Inside counsel advising entity on outside counsel conflict RI-267
Inside counsel contacted by client of outside counsel RI-267
Insurer insuring city, while city attorney presides as state hearing officer over unrelated claims against insurer RI-129
Liaison attorney, conflicts with private practice JI-29
Mayor related to counsel for municipality RI-94

Public Defender
See also Criminal Representation
See also Prosecutors
See also Public Corporation Law
back to list

Applicability of the Michigan Rules of Professional Conduct R-12
Contract for defense services, privileged data RI-266
Establishing two offices to serve clients adverse to each other RI-334
Microfilm in lieu of paper file R-12
Notice regarding disposition of closed representation files R-12
Rejecting court appointment to represent client C-210

Public Official
See also Dual Practice
See also Government Lawyer
See also Judicial Officer
See also Prosecutors
back to list

Arrest of city manager, duties of city attorney RI-259
City attorney serving as state hearing officer RI-129
Client suing city council—lawyer also member RI-292
Commissioner representing private clients against subordinate entities RI-126
Commissioner representing private clients against city attorney over whom commissioner has budget control RI-126
Commissioner serving as township attorney C-214
Commissioners not "clients" of county corporation counsel RI-112
Conservator, public duties RI-213
Corporation counsel formerly presided over jail A/O 41
County officials' access to county legal services data RI-210
Disqualification of commissioner's firm from matters before commission or subordinate boards C-241, RI-22, RI-180, RI-236
Firm of official representing clients before board C-241, RI-22, RI-180, RI-236
Guardian ad litem, public duties RI-176, RI-213
Insurer insuring city, while city attorney presides as state hearing officer over unrelated claims against insurer RI-129
Judicial officer negotiating for employment in contemplation of leaving office JI-35
Lawyer as member of council suing council RI-292
Lawyer/legislator cannot represent clients before legislative body RI-331
Legislator is member of law firm suing state agency RI-306
Magistrate service by prosecutor JI-56
Mayor related to counsel for municipality RI-94
MESC hearing officer presiding in cases in which employee of law firm's client appear Schlossberg v. State Bar Grievance Bd., 388 Mich 389 (1972)
Lawyer serving as JI-29
Liaison attorney, conflicts with private practice JI-29
Part-time judge, private practice JI-42
Part-time judge serving as prosecutor JI-56
Representing client against city council—lawyer as council RI-292
Representing client against state agency when firm member is legislator RI-306
Special prosecutor appointments RI-177
Spouse of lawyer suing public body RI-289

Real Property Law

Commission from broker for referring business RI-146
Construction liens to secure lawyer's fee RI-182
Consulting arrangement with nonlawyer for property tax appeals RI-104
Discharged lawyer, disposition of client's deed RI-156
Disclosure of title problems RI-157
Duties to purchasers when representing seller RI-157
Foreclosure of client property to collect lawyer fee RI-277
Fraudulent alteration of deeds before becoming judge In the Matter of Ryman, 394 Mich 637 (1975)
Fraudulent conveyance, duty to rectify RI-151, RI-156
Judge leasing space to lawyers JI-6
Lawyer named as deed preparer RI-298
Lawyer receiving commission from broker for referral RI-146
Liens to secure lawyer's fee RI-182
Real estate claim against former client's property settlement RI-248
Real estate transactions conducted by nonlawyers Ingham County Bar Ass'n v. Neller Co., 342 Mich 214 (1955), State Bar of MI v. Kupris, 366 Mich 688 (1962)
Representing customer of own title insurance business RI-5
Reviewing title issued by own company RI-5
Quitclaim deeds issued by city attorney RI-157
Spouse of judge leasing to lawyers JI-13
Title company owned by lawyer referring clients RI-5
Title examination services by judge prohibited A/O 1
Title insurance companies 70 MBJ 1198 (Nov 1991), 71 MBJ 428 (May 1992)
Title problems, lawyer's duty to disclose to transferees RI-157
Transfer of client property in lawyer's possession RI-156

Record Retention
State Bar Membership Services offers a compilation of materials on this subject.

Arbitration files not governed by ethics rules RI-188
Client "property" R-5, R-12, RI-178, RI-240
Confidentiality R-5, RI-178
Damage to client's files RI-109
Declined representation RI-240
Duty to have law firm plan for retention R-5, R-12, RI-240, 74 MBJ 1196 (Nov 1995)
Effective date of duty for retention plan RI-240
Flood damage to client property RI-109
Lawyer referral service RI-178
Interview notes RI-240
Medical record retention RI-240
Microfilm in lieu of paper file R-12
Notice regarding disposition of closed representation files R-5, R-12, RI-109, RI-178, RI-240
Overview 74 MBJ 1196 (Nov 1995)
Proper disposition of client files by retiring lawyer RI-100
Prospective clients RI-240
Public defender office R-12
Retention schedule for client files R-5, R-12, RI-240, 70 MBJ 1018 (Oct 1991)
Time periods for retention RI-240
Trust account guidelines R-7

Recusal
See Disqualification
See Judicial Officer
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Referees
See also Judicial Officer
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Accepting referral fees JI-45
Acting as referee and advocate JI-128
Adjudicating and acting as advocate JI-128
Advocating and acting as referee JI-128
Appearance of part-time magistrate's firm JI-114
Domestic relations referee and liaison attorney JI-29
Dual roles—referee and advocate JI-129
Expert witness-referee testifying JI-127
FOC referee and FOC advocate JI-129
FOC referee as expert witness JI-127
Hearing matters in which participated as lawyer RI-1, RI-249
Hearing matters presented by former law firm RI-1, RI-249
Part-time practice RI-1, JI-77, RI-249
Part-time referee engaging in law practice JI-126
Part-time referee; part-time advocate JI-129
Representing clients in matter formerly before as referee JI-29, RI-1, RI-249
Referee who also practices law before own court JI-126
Referral fees JI-45
Testifying as expert witness JI-127

References

Judge providing personal reference JI-41, A/O 67

Referral Fees
See Division of Fees
See Lawyer Referral Services
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Referrals
See Division of Fees
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Reinstatement and Readmission
See also Admission to the Bar
See also Cooperation with Discipline Authorities
See also Discipline
See also Due Process in Discipline Proceedings
See also Ethics Committee
See also Judicial Officer
See also Misconduct
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Character and fitness clearance after discipline Yashinsky v. State Bd. of Law Examiners, 539 NW2d 378 (1995)
"Clear and convincing" evidence on behalf of reinstatement required In the Matter of Freedman, 406 Mich 256 (1979)
Conditions of reinstatement must be specified State Bar Grievance Adm'r v. Albert, 403 Mich 346 (1978)
Denial of reinstatement on preponderance of evidence In the Matter of Freedman, 406 Mich 256 (1979)
Effect of original misconduct on reinstatement State Bar Grievance Adm'r v. August, 438 Mich 296 (1991), In the Matter of Reinstatement of Callanan, Jr., 440 Mich 1207 (1992), In the Matter of McWhorter 449 Mich 130 (1995)
Remorse as condition of reinstatement State Bar Grievance Adm'r v. Albert, 403 Mich 346 (1978)
Length of time independent since incarceration In the Matter of Reinstatement of Callanan, Jr., 440 Mich 1207 (1992)
Length of time independent since probation In the Matter of McWhorter 449 Mich 130 (1995)
Recertification after discipline Yashinsky v. State Bd. of Law Examiners, 539 NW2d 378 (1995)
Understanding impropriety of underlying misconduct State Bar Grievance Adm'r v. Albert, 403 Mich 346 (1978)

Release

Waiver of liability, guardian ad litem RI-259
Waiver of liability, nonlaw business RI-263
Waiver of liability, reduced fee RI-319
Waiver of liability, unethical conduct RI-88, RI-257, RI-319

Remittal of Disqualification

Consent of parties to adjudicator presiding J-6

Reporting Duties
See also Attorney-Client Privilege
See also Cooperation with Discipline Authorities
See also Confidences
See also Misconduct
See also Secrets
back to list

Disciplined lawyer's unauthorized practice RI-101
Failure to communicate settlement offer, duty to report RI-171
Filing deadlines repeatedly missed RI-149
Illegal activity of client RI-111, RI-138, RI-151
Inaccurate, truthful testimony of client RI-272
Judge reporting lawyer misconduct RI-88, A/O 44
Ethics violations of client lawyer RI-220
Ex parte contact between lawyer and judge JI-85, RI-195
Extrajudicial income JI-77, JI-80
Law student misconduct, duty to report RI-29
Negotiating settlement with opposing party RI-145
Opposing counsel offering unethical settlement terms RI-220, RI-232
Perjury of client RI-13, RI-151
Promise not to file grievance RI-220, RI-232
Rectifying client misconduct RI-151
Settlement terms including promise not to file grievance RI-220, RI-232
Tax fraud A/O 89
Unauthorized practice of law C-239, JI-26, RI-101

Retainer Agreements
See Fees
back to list

Retired Judge

Business participation J-3, J-6
Disqualification for business interests J-3, J-6
Leave of absence while on judicial assignment J-3, J-6
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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.

     

 

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