Ethics Opinion Topic Index

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Cameras in the Courtroom

Supreme Court permission required
  •  A/O 30,

Campaign Funding, Judicial

Accepting contribution after general election
Accepting contribution prior to 180 days
Amount of contribution raising bias
Campaign committee formed prior to fund raising period
Campaign committee solicitation
Candidate prohibited from soliciting or accepting
Candidate contributions prior to fund raising period
Circumvention of solicitation rule
Contribution received after election
Contributions from independent fundraiser
Contributions from PACs to judicial campaign
Contributions to influence candidate
Creditors paid by third party
Disposition of campaign funds to government committee
  •  A/O 14,
Early contributions
Early expenditures
Expenditures prior to announcing candidacy
Expenditures prior to fund raising period
Family compensation for campaign work
  •  A/O 66,
Family contributions
Fund raising events, quantity
Fund raising period
Fund raising by independent sponsor
Improper reporting
  •  Matter of Lawrence,
  •  417 Mich 248 (1983),
Improper contributions
In-kind contributions
Investiture celebration
Invitations sent prior to fund raising period
Judge serving on campaign committee
Judge serving as treasurer
Judicial Code conflicts with Michigan Campaign Financing Act
  •  Matter of Lawrence,
  •  417 Mich 248 (1983),
Lawyer solicitations
Loan from candidate
Loan from previous election
  •  A/O 56,
Multiple fund raisers, $100 solicitation limit
$100 solicitation limit per election
$100 solicitation limit per PAC
$100 solicitation limit per lawyer
Personal funds from candidate
Prior to creation of judgeship
Received after general election, mailed prior
Received after judicial election
Refunds after close of campaign
Reimbursing candidate from campaign funds
Relative of candidate as treasurer
Repaying loans to campaign
Reporting
  •  JI-063,
  •  Matter of Lawrence,
  •  417 Mich 248 (1983),
Retiring campaign debts
Return of excess funds
  •  Matter of Lawrence,
  •  417 Mich 248 (1983),
Solicitation by candidate prohibited
  •  JI-001,
  •  A/O 24,
  •  Matter of Hotchkiss,
  •  415 Mich 1101 (1982),
Solicitation of lawyers
Solicitation of PACs
Solicitation prior to creation of judgeship
Sponsorship of youth sports team
Treasurer for campaign
Unsolicited contributions
Unsolicited contributions from lawyers
Unsolicited contributions prior to fund raising period
Unusually large campaign contributions
Victory party

Campaign Practices

Accepting contribution after general election
Activities before announcing candidacy
Activities before fund raising period
Ballot proposals, judicial candidate stating opinion on
Campaign committee formed prior to fund raising period
Campaign committee solicitation
Campaign committee workers
Campaign contributions to influence candidate
Campaigning prior to creation of judgeship
Candidate ratings by local bar association
Criticizing case decisions of incumbents
Criticizing incumbent judges
Debates
Disclosure when judicial campaign committee member appears as advocate before candidate
Discussing positions on legal issues
Discussing positions on political issues
Disqualification of judge when campaign opponent appears as advocate before judge
Disqualification of lawyer when appearing before judge opponent
Endorsement of judicial candidate by judge
Endorsements prior to announcing candidacy
Improper campaign contributions
Incumbency, inference when not fact
In-kind campaign contributions
Investiture celebration
Judge as campaign treasurer for judicial candidate
Judge as member of judicial candidate's campaign committee
Judge as member of planning committee of judicial candidate
Jury records used for Judge's election mailings
Literature at political candidate's event
Millage participation by judge
Misleading ad placing decision-making blame on incumbent judges
Misleading publication of candidate's rating
Name of candidate similar to name of incumbent
Name used in candidate's campaign may not be misleading
$100 solicitation limit per election
$100 solicitation limit per PAC
$100 solicitation per lawyer
Opinions on ballot proposals
Opponent appearing before judge
Opponent's firm appearing before judge
New judgeship, campaigning prior to creation
Planning activities prior to candidacy
Pledges of performance in office
Political party affiliation of judicial candidate
  •  Op 206,
Political party endorsement of judicial candidate
Public debates
Public statements by judge on behalf of candidate
  •  A/O 13,
Ratings by local bar association
School millage participation
Slogans
  •  A/O 104,
Soliciting endorsement from jurors
Sponsorship of youth sports team
Sports sponsor
Statements on philosophy
Surveys
Unsolicited campaign contributions
Unusually large campaign contributions
Endorsement by judge
Fundraising events
Judge contribution to political action committee
Judge participating in campaign
Judge purchasing fund-raising tickets
  •  JI-145,
Judge's spouse on campaign committee
Participation in social event
Public endorsement by judge of nonjudicial candidate
Campaign committee workers
Disqualification of lawyer when appearing before judge opponent
Endorsement of judicial candidate by judge
Judge as campaign treasurer for judicial candidate
Judge as member of judicial candidate's campaign committee
Judge as member of planning committee of judicial candidate
Public statements by judge on behalf of candidate
  •  A/O 13,
Sentencing to compile judicial campaign statistics

Candidates

Campaign committee solicitation
Campaign contributions to influence candidate
Campaign pledges
Criticism of sitting judges during campaign
Disclosure when campaign committee member appears as advocate before candidate
Discussing position on political or legal issues
Disqualification when presiding over campaign Opponent's case
Endorsement of judicial colleague
Endorsement from judge
Endorsements prior to fund raising period
Family member as campaign treasurer
Governmental board member prior to election
Improper campaign contributions
In-kind campaign contributions
Judge as campaign treasurer
Judge as member of campaign committee
Judge as member of planning committee of another candidate
Jury records used for Judge's election mailings
$100 solicitation limit per election
$100 solicitation limit per PAC
$100 solicitation limit per lawyer
Planning committee prior to fund raising period
Pledges of performance in office
Presiding in case where judicial opponent represents a party
Public statements by judge on behalf of judicial candidate
  •  A/O 13,
Recommendation to governor on judicial appointment
  •  A/O 55,
Representing party before judicial opponent
Solicitation of PACs
Soliciting endorsement from jurors
Unsolicited campaign contributions
Unusually large campaign contributions
Withdrawal when appearing before campaign opponent
Endorsements of nonjudicial candidates by judge
  •  A/O 24,
Judge participating in campaign
Nominating petition signed by judge
  •  A/O 25,
Public endorsement of nonjudicial candidate
Resignation from judicial office before becoming candidate
Nominating petition signed by judge
  •  A/O 25,

Candor to Court

Correcting false pleadings prepared from client information
Disclosing client's confession of crime
Disclosing client's perjured testimony
Duty to report unauthorized practice
Lawyer appearing as nonlawyer representative
Rectifying client’s false statement to the court

Charitable/Civic Activities of Judges

Academic advisory committee
  •  A/O 35,
Board membership, generally
Board of charitable or non-profit
Board of civic improvement
Board organized under political party
Cancer society
  •  A/O 69,
  •  A/O 70,
Census committee board
Charitable or non-profit organization that fundraises for court’s own court-ordered programs
Children's hospital
  •  A/O 59,
Community foundation board
Court staff serving on board whose staff appears as witness
Crippled children charity
  •  A/O 16,
Ethnic organization
  •  A/O 48,
Firefighter and police officer dependent benefits group
  •  A/O 107,
Fund distribution board
Improving business opportunities for particular group
  •  A/O 48,
Improving public and private sector relations
  •  A/O 58,
Judge attending political party fundraiser
Legal aid organization
Nonprofit board formed by university
Part-time judge serving as director
Permitted activities, generally
Political party inviting judge to attend dinner
Public charity foundation
Referrals to organization
Resignation
School board member
Serving on a board
Staff of board appears as witness before judge
Testimonial board organized under political party
Victim abuse board
AIDS educational efforts
Appearance of impropriety
Appearing on letterhead of organization
Attorneys asked to participate in pro bono activities
Fashion show modeling
Judge encouraging pro bono activities
Legal advisor for organization
Letterhead of organization
Model in fashion show
Prestige of office
Pro bono solicitation by judge
Securing grants for charity
  •  A/O 31,
Sentencing practices favoring certain charities
Signature of judge on letters
Soliciting pro bono participation
Testimonial honoring community leaders
  •  A/O 75,
Testimonial honoring judge
Witnesses are associated with organization on which judge serves
Case pending before judge involves issues of organization
  •  A/O 107,
Disqualification from matters brought before judge
Investment club membership by judge
Judge as member of investment club with lawyers
Organization litigating before judge member
Organization litigating regularly in any court
Resignation from board
Staff of organization as witness before judge
Charitable fund raising by judge
Charitable fund raising by Judge's organization
Door to door solicitation for charity
Easter Seals television show
  •  A/O 22,
Fund-raising without personal solicitation
Host-hostess at fund-raising event
  •  A/O 29,
Invitations showing Judge's name and office
  •  A/O 29,
Judicial participation prohibited
Letterhead for
NAACP radiothon message
Participating in "lockup for charity"
Separate letter from judge accompanying solicitation letter
  •  A/O 101,
Setting "bail" for charity event
Signature on solicitation letter
Solicitation by third party for judge participation
Solicitation of funds by judge
Solicitation of other judges
  •  A/O 61,
Telephone operator
  •  A/O 82,
AIDS ribbon on judicial robes
Attending testimonial dinner held to honor judge
Attorneys asked to participate in pro bono activities
Debate moderator
  •  A/O 23,
  •  A/O 63,
Debate sponsored by political party-judge as moderator
Endorsement of pro-business or pro-union interests
Fund-raising event
Host-hostess at fund-raising event
  •  A/O 29,
Investment club membership by judge
Invitations to fund-raising event showing Judge's name and office
Judge as member of investment club with lawyers
Judge encouraging pro bono activities
Judge participation in "lock up for charity"
Judge serving as moderator at debate
Millage participation by judge
Political party-sponsored debate-judge as moderator
Pro bono solicitation by judge
Reenactment of cases and legal decisions
  •  A/O 77,
School millage participation
Setting "bail" for charity event
Solicitation by third party for judge participation
Soliciting funds by judge from other judges
  •  A/O 61,
Soliciting memberships
Soliciting pro bono participation
Soliciting participation
  •  A/O 79,
Speeches
  •  A/O 48,
Sponsorship of youth sports team
Sports event sponsorship
Sports event participation
  •  A/O 52,
Television event for charity
  •  A/O 22,
  •  A/O 77,
Union resolution concerning plant closings, endorsed by judicial officers

Circumvention of Ethics Rules

Advances from operating account to avoid trust account
Agreement to refrain from reporting lawyer misconduct
Assignment of unpaid client bill while representing client
Associating co-counsel to effectuate judicial recusal
Cannot request separate checks for lawyer and client to avoid trust account requirements
Cannot skirt rules by retaining collection agency to report nonpaying client to credit-reporting agency
Conditioning case referral on payment of referral fee
Delaying undertaking representation until conflict removed
Delaying withdrawal until conflict removed
Failure to disclose altered evidence
Fugitive client, representing in other matters
Office procedures which fail to safekeep property
Practice after suspension, duty to report
Recusing from case in order to pursue private interests
Timing of representation affecting applicability of conflicts rule

City Attorney

Civility

Conduct toward litigants and advocates
  •  Matter of Del Rio,
  •  400 Mich 665 (1977),
  •  Matter of Frankel,
  •  414 Mich 1109 (1982),
Hostility toward attorneys
  •  Matter of Mikesell,
  •  396 Mich 517 (1976),
  •  Matter of Frankel,
  •  414 Mich 1109 (1982),
Personal dislike for advocate
Vulgar and discourteous behavior
  •  Matter of Bennett,
  •  403 Mich 178 (1978),
  •  Matter of Frankel,
  •  414 Mich 1109 (1982),
  •  In Re Seitz,
  •  441 Mich 590 (1993),

Claims

Administrative claims pursued by nonlawyer employee
Direct contact with organization employees prior to litigation
Legal assistant pursuing administrative claims

Class Actions

Class counsel as counsel for prospective class members
Contacts with prospective opt-out class members
Defendant inside counsel responding to inquiries from prospective class plaintiffs
Organizational parties represented by inside counsel
Relationship between inside counsel and class counsel

Client

Accepting arbitration of attorney fees
Advancing court-imposed fines and costs
Charging fees to answer grievance from debtor
Child as "client" when lawyer hired by parent
Corporate employees as "party"
Corporate entity as "client"
County as "client" of county corporation counsel
Court-appointed receiver charging to defend grievance
Disabled client, representing
  •  77 MBJ 1320 (Dec 1998),
Divorce consultation triggering disqualification
Duties owed to pro se litigant assisted by lawyer
Employees of corporation as "parties"
Estate matters
Fees paid by third party
Fines and costs advanced by law
Former corporate employees as "party"
Guardian as "client"
Independent judgment—fees paid by third party
Initial consultation triggering disqualification
Insurance representation
Lawyer retained by a fiduciary
Lawyer testifying concerning client's fees
Legal assistant's "client" is client of lawyer
Minor child under disability
Missing client, expense to locate
No-fault representation, duties to medical providers
Personal representative of estate as "client"
Prosecutor's "client"
Receiver charging fees to defend grievance
Recording conversations with client
Representing client—issued support order as magistrate
Representing municipality
Secretly recording conversation
Unbundling legal services delivered to pro se litigant as client
Ward as "client"

Client Misconduct

Client Property

For-profit matching services
client's right to representation file
  •  68 MBJ 856 (May 1989),
Conditioning availability of file
Damage to file beyond the control of lawyer
Disbursements client has not cashed
Disposition of client files by retiring lawyer
Disposition of client files by new judge
Escheat when unclaimed
File is property of lawyer
Interview note retention
Lawyer referral service file maintenance
Medical record retention
Microfilm in lieu of paper file
Missing client, trust balance
Notice regarding disposition of closed representation files
Ownership of representation file
Prospective clients, file material
Record retention plans
Retaining lien
Returning
Security interest

Client, Former

Code of Judicial Conduct

Applicable to magistrates
Applicable to referees
Applicable to unemployment hearing officers
Prevails in conflict with Michigan Campaign Financing Act
  •  Matter of Lawrence,
  •  417 Mich 248 (1983),

Collections

Action against current client
Assignments
  •  RI-159,
  •  Bay County Bar Ass'N v. Finance System,
  •  Inc.,
  •  345 Mich 434 (1956),
Child support arrearages
Collection agency as intermediary between lawyer and client
Collection agency operated by lawyer
Interest on unpaid client accounts
  •  76 MBJ 986 (Sep 1997),
Lawyer testifying concerning client's fees
Percentage of recovery arrangement
Prosecutor using outside firm to collect restitution
Pursuing fee award when client judgment unsatisfied
Reporting unpaid bills to credit reporting agency permissible only under certain conditions
Suing current client
Trust account use by prosecutor

Commercial Law

Assignment of receivable while representing client
Clients brought to firm by new lawyer conflict with interests of firm's existing clients
Credit card arrangement between lawyer and credit company for client fees
Documenting sale between two clients
Litigation to collect overdue fee while still representing client prohibited
Representation affecting client's ability to collect judgment
Representation which will affect assets available to satisfy former client's judgment
Substantially related to divorce matter against same opponent

Commissions

Committee on Professional and Judicial Ethics

Communication About Lawyer Services

Domain Name

Communication With Client

Domain Name
Lawyers duty to notify clients of material client data breach
Duty to notify client that lawyer must obtain court approval to withdraw
Withdrawal based on client’s refusal to accept plea agreement
Duty to communicate with organizational client about officer’s acts or intentions
Duty to communicate limitation in scope of representation to pro se litigant client
Instructing client to contact represented opposing party
Nonlawyer assistant communication with client on lawyer's behalf
Recording conversations with client
Revealing medical file to client
Secretly recording conversations
Using "Honorable" in letterhead

Compensation [judicial]

Honorarium for serving as host of commercially-sponsored program
Marriage ceremonies
  •  A/O 33,
Mileage expenses
  •  A/O 33,
Reporting outside compensation
Scholarship
Sale of former practice
Speaking honorarium

Competence

Fixed fee arrangement does not abrogate duty of competence
Referring case to another lawyer
Rejecting court appointment to represent client
Repeatedly missing filing deadlines
Withdrawing from court-appointed representation
Lawyers ethics obligation to understand technology

Conduct Prejudicial to Administration of Justice

Confidences

Computer-stored information access by technical support
Inevitable breach of confidence of former client
Technical support personnel access to computer records
Computer information shared with technical support personnel
Materiality of information
Access to computer records by technical support personnel
Lawyers duty to safeguard client electronically stored information (ESI)
Lawyers obligation to take reasonable steps to implement cybersecurity measures
Lawyers duty to notify clients of material client data breach
Access to computer records by technical support personnel
Appeal in criminal matter
Benefit to another client
Client as witness in unrelated case
Client behavior
Client information to legal services corporation
Computer-stored information access by technical support
Judge asked for privileged information concerning former client
Grievance proceedings, waiver to defend lawyer
Inevitable breach of confidence of former client
Information from opposing party about client misconduct
Initial interview by nonlawyer employee
Joint client confidences
Judge board member of organization appearing before
Lawyers for insureds can be housed in insurance company offices
Loan purportedly to conceal marital assets from former client
Office sharing with spouse
Possibility of breach of confidence triggers disqualification
Questioning of friend in criminal matter
Recording conversations with client
Screening of transferring lawyer
Secret litigation settlement
  •  77 MBJ 950 (Sep 1998),
Secretly recording conversations
Technical support personnel access to computer records
Transferring lawyer
Transferring nonlawyer
Wrongful discharge suit, lawyer employee
  •  74 MBJ 54 (Jan 1995),
Alleged fraud on former client
Client behavior
Client misconduct, lawyer duties
  •  72 MBJ 198 (Feb 1993),
Content and fact of unpaid legal bills are confidential information
Contents of client's medical file
Deposition concerning privileged information
Disclosure of client information to credit reporting agency
Disclosure of client information to legal services corporation
Guardian ad litem report to court
Joint client confidences
Legal services corporation disclosing client information
Perjury
Preparing written guardian ad litem report to court
Privileged information concerning lawyer misconduct
Regulatory authority, disclosure of information to
Reporting cash transactions over $10,000
Reporting client information to legal services corporation
Reporting lawyer misconduct
Report to court on representation as guardian ad litem
Revealing client information to lawyer's spouse
Secret litigation settlement
  •  77 MBJ 950 (Sep 1998),
Settlement terms including promise not to file grievance
Subpoena for privileged information
Subsequent representation of unrelated client
Access to information about client of former firm
client's former proceeding
Computer information shared with technical support personnel
Content and fact of unpaid legal bills are confidential information
Government program advocate
Lawyer must not reveal client confidences to lawyer’s lending institution
Legal services plan participation
Privileged information concerning lawyer misconduct
Technical support personnel access to computer file
Transferring lawyer's duty to protect
Wrongful discharge suit, lawyer employee
  •  74 MBJ 54 (Jan 1995),
Communications to corporate counsel
Duty to disclose continues after lawyer is discharged
Former client
Inevitable disclosure resulting from scope of prior representation
Information from opposing party about client misconduct
Information from opposing counsel about client misconduct
Information in settlement negotiations
In house counsel giving recommendations to CEO
Materiality of information
Nonlawyer agents of lawyer's business
Nonlawyer employees, duty to protect
Opposing party alleging fraud of client
Presumption that former partner has access to client information
Prospective client consultation
Settlement terms including promise not to file grievance
Subordinate lawyer disclosing information to supervising lawyer
Supervising lawyer who is subject to review by subordinate lawyer
Transferring lawyers
Transferring nonlawyers
Waiver to defend lawyer in grievance proceedings
Access to computer records by technical support personnel
Accounts receivable pledged for bank loan
Address of former client
Client behavior
Client identity
Client location
client's confession of crime
Client tailoring testimony in exchange for compensation
Computer-stored information access by technical support
Disabled client
  •  69 MBJ 943 (Sep 1990),
Employee home addresses of client
Fact and amount of unpaid bill
Fees
Fees over $10,000, reporting to IRS
Fraud information from opposing party
Guardian ad litem report to court
Identity of client
Inconsistent testimony of client
Initial interview by nonlawyer employee
Internal investigative information used in management proceeding
Lawyer misconduct
Location of fugitive client
Marital assets allegedly concealed
Materiality of information
Medical file of client
Prospective client consultation
Questioning of friend in criminal matter
Report to court on guardian ad litem duties
Settlement terms including promise not to file grievance
Suitability of guardian to serve
Using one client's information for another client

Conflict of Laws

Multistate practice, conflicting ethics rules
Referring cases across state lines
Trust account rules of different states conflict

Conflicts of Interest

Advance consent to future conflicts invalid
Client as witness in unrelated case
Client should not agree to representation
Consent of clients insufficient
Consent of clients required
Disabled client
Fees paid third party
Forcing settlement on incompetent client
Former client consent to new representation
Government client waiving outside counsel conflict
Inside counsel handling waiver for client entity
Insurer retaining lawyer for insured
Limited scope of representation, consent to
Multiple clients, accepting mediation award
Advancing costs through venture capital company
Adverse effect on current client
Against firm with referral arrangement with lawyer
Agreement with venture capital company
Assignment of collection case while still representing client
City attorney acting as state hearing officer
Client should not agree to representation
Client seeks to impose conditions on granting a waiver of conflicts of interest
Client suing lawyer for malpractice
Conflicting matter concluded prior to withdrawal, effect of
Contingent fee—sharing with health care provider
Consolidation of conflicting cases on appeal
Cross-examination of client in unrelated matter
Disabled client, seeking protective order against
Disclosing personal relationship with opposing counsel or judge
Disinterested lawyer standard of judgment
Dispute among clients on acceptance of mediation award
Divorce consultation triggering disqualification
Effect of conclusion of conflicting matter
Effect of screening to cure conflict
Environmental clean up site
Government lawyer also representing tax assessors
Grievance filed by current client
Judge as client conflicting with duties to other clients
Initial consultation triggering disqualification
Insurance benefits of client shared with others
Insurance representation
Insurer retaining lawyer for insured
Lawyer/advocate as witness in will contest
Lawyer paying client's surety
Lawyer-legislator represents municipal clients
Lawyer-witness against firm client
Legal services agency conducting pro se clinic
Materially limited representation
Medical provider client disputing bill with unrelated client
Multiple clients
Multiple clients, accepting mediation award
Multiple clients, county and county sheriff
Multiple clients, discharged from representing all
Multiple clients, discharged from representing some
Multiple clients, environmental clean up site
Multiple clients, lienors and personal representative
Multiple clients, municipality and tax assessors
Multiple clients, proceeds distribution
Multiple clients, ward and guardian
Multiple clients, withdrawal from representing all
Multiple clients, wrongful death action
Municipal clients-lawyer-legislator representing
Municipality and internal board
Municipality, representing county and tax assessors
No-fault claim, dispute concerning medical bill
Nonlawyer employee witness in will contest
Performing both prosecutor and defense functions
Personal relationship with client
  •  68 MBJ 518 (Jun 1989),
Personal relationship with judge
Personal relationship with opposing counsel
Personal representative as claimant and as fiduciary
Potential conflicts
Pro se clinic conducted by legal services agency
Prosecutor as advisory deputy sheriff
Prosecutor providing services to Department of Social Services
Prosecutor providing legal advice to sheriff's department
Prospective client directly adverse
Public defender may ethically establish separate offices to represent defendants with adverse interests
Real estate referral for fee
Referral and acceptance of referral fee
Referral arrangement with firm—new claim
Representing bargaining unit in salary negotiations when members are adverse witnesses in unrelated case
Representing client—issued support order as magistrate
Screening does not cure
Sharing contingent fee with health care provider
Special prosecutor appointments of private practitioners
Suing current client for fees
Tactical motions for disqualification
Testimony inconsistent with client's interests
Timeliness of withdrawal
Timing of representation affecting applicability of rule
Transferring lawyer bringing conflicting clients to firm
Using confidences
US Army Legal Assistance providing legal assistance to soldiers and spouses
Venture capital company advancing funds
Waiver in advance does not vitiate conflict
Withdrawal required upon discovery
Wrongful death proceeds distribution
Adverse to former client's recovery
Beneficiary under will
City attorney presiding as hearing officer in matters related to city client's insurer
Collecting fee award when client judgment unsatisfied
Confidences used to disadvantage of former client
Conflict screening
Conflict when relevant confidences not used
Consent to new representation
Constant interaction with former client on behalf of new client
Defense contract bid by former prosecutor
Discrimination suit against company lawyer formerly represented in discrimination suit
Duty to protect client's recovery
Extensive knowledge of former client may trigger disqualification
Former corporate client
Former inside counsel representing client against corporation
Former inside counsel representing party in dealings with former employer
Good faith basis to believe relevant confidences were shared
Inevitable breach of confidence of former client
Limitations on scope of future employment
Nonpublic information relevant to subsequent case
Personal representative's personal interests conflict with duties of fiduciary
Presumption of access to confidential information
Previous employment for opposing party
Previous employment with opposing firm
Previous representation of opposing party
Possibility of breach of confidence triggers disqualification
Prior divorce, current wrongful death action
Property in dispute was awarded to former client
Pursuing fee award when client judgment unsatisfied
Real estate claim against former client's property settlement
Representation adverse to former corporate client
Representing witness from former client's proceeding
Representing officer against former client
Screening from case
Screening from fee
Substantially related matter
Subsequent representation depleting assets available to pay client's judgment
Timing of representation affecting applicability of rule
Transferring lawyer bringing clients to firm
Tribal court prosecutor representing criminal defendants in other courts
Using confidences
Acquaintance with witness
Attending MADD vigil when hearing drunk driving cases
  •  A/O 100,
Business interests
Campaign opponent appearing before
Charitable/civic activities
Disclosure when campaign worker appears as advocate before candidate
Disqualification motions
  •  75 MBJ 934 (Sep 1996),
Divesting real estate
Employment negotiation
Financial arrangement with advocate
Investment club membership by judge
Judge as member of investment club with lawyers
Law firm of part-time magistrate
Lawyer of judge appearing before judge in unrelated matter
Part-time probate judge, private practice
Part-time magistrate—practice of law
Part-time referee, participated in matter as lawyer
Personal and substantial participation in matter in prior position
Personal lawyer of judge appearing before judge in unrelated matter
Personal relationship with advocate
Professional relationship with advocate
Relationship to matter
Relationship with party
Remittal
Spouse of judge is assistant prosecutor
Witness acquainted with presiding judge
Conflicts involving nonlawyer employees
  •  71 MBJ 826 (Aug 1992),
Employee conflict
  •  71 MBJ 826 (Aug 1992),
Insurance company which regularly forwards business as adverse party in unrelated case
Judge as client conflicting with duties to other clients
Lawyer-legislator member of firm representing municipal clients
Legislator is member of law firm suing state agency
Legislator’s firm representing municipal clients
Of counsel fiduciary duties impute to firm
Representing client before state agency law firm member is legislator
Representing union while secretaries voting to become unionized
Tactical motions for disqualification
Transferring nonlawyer employee results in imputed disqualification
Union client organizing law firm's staff
Advancing costs through venture capital company
Agreement not to report lawyer misconduct
Agreement with venture capital company
Ancillary ADR business
Attorney fee as part of case resolution
Client in dispute with person referring case to lawyer
Client suing city council—lawyer also member
Criminal appeal representation—lawyer now prosecutor
Defense lawyer's spouse testifying on behalf of prosecution
Forcing settlement on incompetent client
Grievance filed by current client against lawyer
Judicial candidate
Lawyer for school employee union serving as school faculty
Lawyer for school employee union serving as employment dispute mediator
Lawyer paying client's surety
Lawyer as member of council suing council
Of counsel fiduciary duties impute to firm
Personal representative's interests conflict with interests of lawyer's employer
Presiding judge in matter is campaign opponent
Prosecutor renting office space from defense lawyer
Prosecutor's spouse as defense lawyer
Representing client against city council—lawyer or council
Representing client before judicial opponent
Representing client suing advocate for malpractice in unrelated matter
Representing customer of own nonlaw business
Representing insured on fixed fee basis not per se conflict between client and lawyer’s own interests
Revealing confidences to lawyer's spouse
Reviewing title issued by own company
Special prosecutor appointments of private practitioners
Spouse becomes member of Board being sued
Strike by lawyers affecting representation
Testimony of lawyer consistent with client's interests
Venture capital company advancing funds
Campaign contribution to prosecutor from relative of defendant
Client adverse to referral to participating legal services lawyer
Client in dispute with person referring case to lawyer
Commissioner appearing before local courts within budget control
Commissioner/lawyer examining witness deputy sheriffs in unrelated matter, when commissioner has budget control over sheriff
Commissioner representing indigent defendants
Commissioner serving as township attorney
Contingent fee—sharing with health care provider
Conflicts involving nonlawyer employees
  •  71 MBJ 826 (Aug 1992),
County commissioner may not represent clients against housing authority
Disclosure when campaign worker appears as advocate before candidate
Duties to administration of justice when client is fugitive
Duties to law firm
Duties to public office
Employee conflict
  •  71 MBJ 826 (Aug 1992),
Firm of commissioner representing clients before commission
Firm of legislator suing state agency
Government lawyer also representing tax assessors
Insurance company which regularly forwards business as adverse party in unrelated case
In house counsel giving recommendations to CEO
Insurance benefits of client shared with others
Judge client conflicting with duties to other clients
Law firm member serves on client's board
Law firm of member appearing before member
Law firm appearing before subordinate board
Lawyer for municipality related to mayor
Legal services referral adverse to agency client
Medical provider in bill dispute with client
Multiple client, municipality and tax assessors
Parent's interest in representation of minor child
Prosecutor serving on community corrections board
Representing client before state agency where law firm member is legislator
Representing client on unrelated matters when client is fugitve
Representing client which will result in liability of partner
Representation adverse to current employer
Sharing contingent fee with health care provider
Special prosecutor appointments of private practitioners
Subordinate lawyer disclosing information to supervising lawyer
Supervising lawyer who is subject to review by subordinate lawyer
Defense lawyer becoming prosecutor
Defense lawyer joining plaintiff's firm
Nonlawyer transferring after becoming lawyer
Transferring nonlawyer employee results in imputed disqualification

Contact With Adjudicators

Communication with court on substantive matters
Communication with court personnel
Copying opposing counsel
Disqualification of attorney spouses
Disqualification of judge without contacting opposing counsel
Disqualification of judge spouse of advocate
Ex parte contact with presiding judges
  •  75 MBJ 1192 (Nov 1996),
Judge dating party appearing before judge
  •  Matter of Templin,
  •  432 Mich 1220 (1989),
Judge seeking ethics opinion concerning a matter pending before the judge
Judicial misconduct
  •  Matter of Jenkins,
  •  437 Mich 15 (1991),
In camera inspection of brief without copy to opposing counsel
Lawyer as court employee handling juvenile matters
Lawyer asked to draft Judge's opinion
Lawyer communicating with court on substantive matters
Letters to court copying opposing counsel
Off the record case updating
Prejudice to case when hearing officer exposed to data outside the official record
Pretrial services information copying presiding judge
Prosecutor's pro bono appearance as public official
Prospective opposition to filed motions
  •  Matter of Jaques,
  •  401 Mich 516 (1977),
  •  On Remand 407 Mich 26 (1979),
Prospective subpoena of witnesses
  •  Matter of Jaques,
  •  401 Mich 516 (1977),
  •  On Remand 407 Mich 26 (1979),
Reciprocal duty of lawyers and judges
  •  75 MBJ 1192 (Nov 1996),
Reporting improper contacts
Scheduling questions
  •  Matter of Jaques,
  •  401 Mich 516 (1977),
  •  On Remand 407 Mich 26 (1979),
Seeking judicial recusal without contacting opposing counsel

Contact With Represented Persons

Acts or omission of employee imputed to organization
Attorney proceeding pro se
  •  70 MBJ 571 (Jun 1991),
Authorized by law contact
  •  75 MBJ 170 (Feb 1996),
Class members contacting defendant's inside counsel
Client contacting opposing party
Contact "authorized by law"
  •  75 MBJ 170 (Feb 1996),
Contact with FIA caseworker
Contact with employees present when alleged conduct occurred
Contact with former employees of hospital
Contact with non-managerial employees of hospital
Contact with party employees pursuant to court order
Contacting by letter with copy to lawyer
Copy of letter to lawyer after contact with party
Corporation as "party"
Co-workers of discharged employee
Counsel requests employees not to discuss litigation
Defense counsel communicating with prospective opt-out class plaintiffs
Duty to report improper contact
FIA caseworker contact in probate court matter
FOC investigator who is attorney
Former corporate employees
Inside counsel contacted by client of outside counsel
Investigators' conduct imputed to lawyer
Lawyer/party proceeding pro se
  •  70 MBJ 571 (Jun 1991),
Letter sent to party with copy to lawyer
Lower level corporate employees
Negotiating settlement with represented party
Nonparty indemnitor
Organization generally represented by inside counsel
Party attorney contacting adverse party
  •  71 MBJ 425 (May 1992),
Prior to litigation
Referee/attorney questing party
Remedies for improper contacts
  •  73 MBJ 826 (Aug 1994),
Reporting improper contacts
Restricting communication by employees
Settlement contacts between parties

Contact With Unrepresented Persons

Clarifying lawyer's role to interested persons
Class members contacting defendant's inside counsel
Contact with FIA worker in probate court matter
Contact with nonparty indemnitor during litigation
Contact with organization employees to investigate
Contact with organization employees to resolve dispute
Defense counsel in class action communicating with prospective opt-out class plaintiffs
FIA worker contacted in probate court matter
Indemnitor
Inside counsel contacted by client of outside counsel
Lawyer/party proceeding pro se
  •  70 MBJ 571 (Jun 1991),
Prior to litigation
Pursuant to court order
Resolving claim prior to litigation

Contact With Witnesses

Contingent Fee

Adjusted by court
Apportioning trust account interest among successive lawyers
Charging client basic administrative services as case costs
Client pays greater of two calculations
Court awarded sanctions
Court awarded fees
  •  Bennett,
  •  et al v. Weitz et al (Dec 1996),
  •  73 MBJ 1085 (Oct 1994),
Criminal case fee adjusted by results, prohibited
Disputed fees—court awarded sanctions
Divorce case, "results obtained" or "value added" provision
Hourly or percentage rate, whichever greater
Installment recovery, calculating fee from
Limitation on total lawyer fees under
Mediation sanctions
  •  Bennett,
  •  et al v. Weitz et al (Dec 1996),
  •  73 MBJ 1085 (Oct 1994),
Mixed hourly/percentage rate
Percentage fee for partial representation
Percentage more than one-third of recovery
Quantum meruit calculation of fee
Recovery for calculation of fee
Sanctions ordered by court—division with client
Surcharges, adding to client's bill over lawyer's actual cost
Suspended lawyer, calculation of division of fee
Written fee agreement—court awarded sanctions
Advising of other fee arrangements
As only fee arrangement available
Duty to take appeal when agreement silent
Out-of-state attorney, dividing fee with
Written agreement necessary
Financial counseling
Independent marketing firm, terms of payment
Marketing arrangement requiring
Referral service, portion of fee to pay
Ambiguous about payment of fee from installment recovery
Ambiguous about scope of representation
Court awarded sanctions
Burden on lawyer to prove terms
Contingent fee—sharing with health care provider
Disputed fees—court awarded sanctions
Divorce case, "results obtained" or "value added" provision
Insurance benefits of client shared with others
Out-of-state attorney, dividing fee with
Re-negotiating contingency fee agreement
Reviewable by court
Sanction ordered by court—division with client
Sharing contingent fee with health care provider
Written agreement necessary
Written fee agreement—court awarded sanctions
Alimony, collection of past due
Appeal, agreement silent concerning fee
Appeal, charging additional fee for
Assault and battery between spouses
Civil forfeiture
Criminal cases, prohibited
Domestic relations matters
Escheated funds
Forfeiture actions
Percentage fee for partial representation
Probate and wrongful death action representation
Renegotiated settlement, percentage fee available
Scope of representation affects fee
Set aside divorce judgment for fraud
Unavailable for escheated funds
Unavailable if no "contingency"

Cooperation With Discipline Authorities

Arbitration as substitution for grievance
Disciplined lawyer, duty to report misconduct
Duty to report misconduct
Judge's duty to report lawyer misconduct
Law student misconduct, duty to report
Lawyer misconduct, duty to report
Misconduct information obtained from client representation
Reporting law student activity
Reporting unethical conduct
Respondent's Check List
  •  74 MBJ 692 (Jul 1995),
Unauthorized practice of law, duty to report

Corporate Representation

Class members contacting defendant's inside counsel
Contact with former corporate employees by opposing counsel
Corporate counsel, licensed in another state but based in Michigan
  •  71 MBJ 555 (Jun 1992),
Corporate entity as "client"
Corporate officers representing corporation
  •  69 MBJ 1007 (Oct 1990),
Corporation and corporate employees with conflicting interests
Employee conduct imputed to lawyer
Fixed legal fees
Inside counsel communicating with prospective opt-out class plaintiffs
Instructions to employees
Lawyer board member serving as witness
Lawyer representing organization has duty to communicate about acts or intentions
Representing shareholder against former client corporations
Waiving conflicts
Wrongful discharge suit, lawyer employee
  •  74 MBJ 54 (Jan 1995),

Corporation Counsel

Corporations

Disclosure of employee home addresses
Employees discussing litigation
Former employees as "party"
Instructing lawyer not to report employee misconduct
Judge prohibited from rendering opinions to
  •  A/O 6,
Lower level employees as "party"
Objecting to former inside counsel representing party
Privileged communications with inside counsel
Representing officer against corporation
Scope of corporation "party"

Costs and Expenses of Litigation

Advancing costs through venture capital company
Advancing court-imposed fines and costs
Advancing litigation expenses to indigent client
By lawyers employed in legal service organizations
Client responsible for costs and expenses
Consulting arrangement with nonlawyer tax appeals expert is not "cost"
Copying costs
Costs advanced by venture capital company
Court awarded sanctions
Disputed fees—court awarded sanctions
Financing costs via loan
Fines and costs advanced by law
Indigent client
Lawyer may finance through lender litigation costs with client consent
Living and medical expenses to indigent client
Loan from third-party vendor
Paying security for court costs for indigent client
Repayment as condition when lawyer departs firm
Security for costs paid by lawyer for client
Sanctions ordered by court—division with client
Successor counsel not responsible for reimbursing predecessor counsel
Suspended lawyer right to
Tailoring testimony in exchange for compensation
Witness fees and other costs, client responsible
Written fee agreement—court awarded sanctions

Counsel Cooperation

Disclosing address of former client to opposing counsel for service of process
Disclosing Judge's request to draft Judge's opinion in case
Release of client file may not be conditioned upon payment of costs by successor counsel
Reminding opposing counsel of filings required

Court Appointed Representation

Covenants Not to Compete

Employment departure agreement
Former firm assesses portion of fees from transferred files against departing lawyer
Settlement agreements
  •  Vol 72 MBJ 824 (Aug 1993),

Criminal Representation

Arson, testimony by insurance adjuster
Assistant prosecutor married to presiding judge
By former city attorney
By law firm of former city attorney
By law firm of special prosecutor
By police commissioner
Civil forfeiture arising from
Client behavior disclosed for parole matter
Client is fugitive
Commissioner/lawyer representing indigent defendants
Community sentence highway sponsored by defense counsel
Complaining witness in criminal case contacted by defense attorney
Contact with presiding judge off the record
Contingent fee prohibited
Contract defense provided by former prosecutor
Contract defense services, privileged data
County establishing two public defender offices
Defense attorney contacting complaining witness
Defense lawyer elected prosecutor
Defense lawyer renting space to local prosecutor
Defense lawyer sponsors highway designated for client's community sentence
Defense lawyer's spouse testifying on behalf of prosecution
Defense provided by former prosecutor
Failing to grant jury trials on request
  •  In Re Heideman,
  •  387 Mich 630 (1972),
Fee based on results prohibited
Fee charged in related civil forfeiture proceeding
Former defense counsel as prosecutor
Former prosecutor as defense counsel
Indigent representation by former prosecutor
Ineffective assistance of counsel after nonpayment of dues
  •  People v. Pubrat,
  •  451 Mich 589 (1996),
Insurance adjuster, bias from prosecutor
Insurance adjuster handling Prosecutor's personal claim
Investment fraud, identifying injured persons
Imputed disqualification of police commissioner's firm
Lawyer now employed by Prosecutor's office
Misdemeanor conviction of lawyer, duty to report
  •  A/O 44,
Parole, disclosing lawyer's observations on client behavior
Plea bargain, defense counsel duty to remind prosecutor
Prosecutor's spouse as defense lawyer
Prosecutor not allowing complaining witness to talk with defense attorney
Pretrial services information copying presiding judge
Public defender-county establishing two groups
Rejecting court appointment to represent client
Removal pending appeal is proper
  •  Matter of Callanan,
  •  419 Mich 376 (1984),
Representing client on unrelated matter when client is fugitive
Representing defendants while city attorney
Screening
Sentence determining lawyer fee
Sentence involving charitable service in exchange for fine or time
Sentence involving highway clean up
Sentence involving judicial campaigns
Spouse handling opposing side
Substantial participation as former city attorney
Substantial participation as former defense lawyer
Substantive contact with presiding judge outside of record
Withdrawal from court-appointed case
Witness is employee in Prosecutor's office

Cross-Examination

Cybersecurity

Lawyers ethics obligation to understand technology
Lawyers duty to safeguard client electronically stored information (ESI)
Lawyers obligation to take reasonable steps to implement cybersecurity measures
Lawyers duty to supervise lawyer and other firm personnel to comply with cybersecurity measures
Lawyers duty to notify clients of material client data breach
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