Ethics Opinion Topic Index

Winding Up Law Practice

client's choice of counsel
Closing a law office
  •  71 MBJ 1056 (Oct 1992),
Death or disability of lawyer
  •  78 MBJ 1158 (Oct 1999),
Divestiture of outside activities by new judge
  •  75 MBJ 1071 (Oct 1996),
Duty when becoming a judge
  •  J-002,
  •  JI-089,
  •  A/O 3,
  •  75 MBJ 1071 (Oct 1996),
  •  In The Matter of Ryman,
  •  394 Mich 637 (1975),
Fees for legal work prior to judgeship
  •  A/O 48,
File disposition
Library sharing
Successful judicial candidate
New judge selling practice

Withdrawal

Advance agreement to withdrawal in event of future conflict
Charging fees for withdrawal
Client files grievance
Conflict of interest with current client
Consolidation of conflicting cases on appeal
Continued representation despite good cause for withdrawal
Court appointed client
Discharge
  •  74 MBJ 822 (Aug 1995),
Discretion of tribunal
Discovery of impermissible conflict
Dispute among clients on acceptance of mediation award
Fixed fees
Grievance filed by current client
Medical provider creditor in billing dispute with client inhibits settlement
Multiple clients with opposing interests
Multiple clients, withdrawal from all clients when conflict arises
Next friend, when sued by ward
Nonrefundable retainers
Payment of costs as condition of withdrawal
Refusal to sign settlement reached between parties
Representing client against spouse of former client, conflict
Request of client
Screening does not cure conflict with current client
Stipulation when client does not pay fee
Timing of withdrawal when conflict discovered
For-profit matching services

Witnesses

Cross-examination of client for unrelated matter
Perjured testimony of client
Representing client who was witness in former client's proceeding
client's financial arrangement with witness
Compensation for testimony
County attorney advising sheriff, testifying as to incident when another county attorney is advocate
Cross-examination of client for unrelated matter
Employee of lawyer testifying in will contest
Insurance adjuster, bias from prosecutor because of spouse's insurance claim
Lawyer as member of client board
Member of organization on which judge sits
Perjured testimony of client
Police officers as adverse witnesses, supervisory control over
Police officers as adverse witnesses, counsel for union
Payment for testimony
Private arrangement for compensation
Prosecutor's employee as witness in criminal case
Probation officer testifying as police officer
Representing bargaining unit in salary negotiations when members are adverse witnesses in unrelated case
Representing client who was witness in former client's proceeding
Sheriff testifying before judge with shared business interest
spouse's employer testifying before judge
Tailoring testimony in exchange for compensation
Clerical employees of potential party
Former corporate employees
Investigating validity of claim
Nonmanagerial corporate employees
Organizational employees
Subpoena to nonparty
  •  74 MBJ 564 (Jun 1995),
Employee of lawyer testifying in will contest
Lawyer as member of client board
Police officers as adverse witnesses, supervisory control over
Member of Prosecutor's office called in criminal case
Lawyer-witness adverse to firm client
Medical expert paid on percentage basis
Character reference for criminal defendant
Disqualification when judicial colleague is witness
Present in courtroom as moral support for party
Propriety of calling incumbent judge as witness before colleague
Privileged information concerning former client
Subpoena for client information
Subpoena for judicial witness
Testimony from judge
Adverse to firm's client
Advocate at alternate dispute resolution proceeding
Advocate at trial
Agreement for substitute counsel if lawyer is witness
Complaining witness in criminal case contacted by defense attorney
Consistent with interests of client
Compensation for testimony
County attorney testifying regarding conduct of sheriff's office when another county attorney serves as advocate
Defense attorney contacting complaining witness
Discharge suit where lawyer served on board of defendant organization
Disqualification of advocate
  •  68 MBJ 118 (Feb 1989),
Disqualification of firm
Fee charged for lawyer to submit to deposition
Lawyer as member of client board
Lawyer threatened to be called as witness
"Necessary" testimony by advocate
Post-nuptial agreement dispute, lawyer as witness
Pretrial participation when lawyer is witness
Privileged information
  •  69 MBJ 551 (Jun 1990),
Prosecutor as advisory deputy sheriff
Prosecutor as character witness in criminal case
Prosecutor not allowing complaining witness to talk with defense attorney
Referral fee when lawyer is witness
Referring lawyer is witness for client
Substitute counsel when lawyer is witness
Testifying regarding fees; disqualification of firm
Will contest where lawyer drafted will
Guardian ad litem related to employee of youth home
Guardian ad litem related to Prosecutor's investigator
Judge present in courtroom as moral support for party relative
Spouse's employer testifying before judge