New ethics opinion gives lawyers guidance on illegal property requests

Lawyers and their staff should only accept client property that is legal to possess and that relates directly to the underlying representation, according to a new ethics opinion issued by the State Bar of Michigan Standing Committee on Professional Ethics.

Lawyers are often asked by clients to hold on to property for safekeeping, and while not generally required to do so, if that property is illegal, lawyers must consider several ethical issues prior to accepting said property, the opinion states. If any such property is accepted, attorneys must consider “how to ethically accept the property of the client while protecting themselves from unwillingly or unwittingly committing a criminal act.”

"The examined Rules provide information and requirements on how a lawyer should counsel a client regarding their property, when client confidences and secrets must be maintained, and the exceptions that allow an attorney to reveal those confidences and secrets."

You can read the full RI-390 opinion on the State Bar of Michigan’s website here.

Ethics opinions are advisory only and, therefore, are non-binding and do not have the effect of law. However, they may be helpful to Michigan attorneys and judges considering ethical issues regarding future conduct.

Posted March 12, 2024