Ethics Opinion Search by Topic

This Index includes:

  • All ethics opinions released from October 2, 1988, through the present
  • Formal ethics opinions interpreting the former Michigan Code of Professional Responsibility
  • Judicial Tenure Commission Advisory Opinions
  • Michigan Supreme Court cases involving lawyer and judicial discipline
  • Essays and articles from the Michigan Bar Journal

Opinions interpreting the Michigan Rules of Professional Conduct are denoted "R" for formal opinions and "RI" for informal opinions. Opinions interpreting the Michigan Code of Judicial Conduct are denoted "J" for formal opinions and "JI" for informal opinions. Formal opinions interpreting the former Michigan Code of Professional Responsibility are denoted "C". Advisory Opinions of the Judicial Tenure Commission are denoted "A/O". Articles published in the Michigan Bar Journal are cited "[volume] MBJ [page] (date)".

Copyright held by State Bar of Michigan, All Rights Reserved

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 Some of the listed ethics opinions, though not expressly superseded in subsequent ethics opinions, may be nonetheless outmoded or no longer sound due to subsequent changes in case law, statutes, or court rules.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.

Common Citations

The following citation abbreviations are used in this Index.

"A/O" Opinions issued by the Judicial Tenure Commission interpreting the Michigan Code of Judicial Conduct
"C" Formal ethics opinions interpreting the former Michigan Code of Professional Responsibility
"CI" Informal ethics opinions interpreting the former Michigan Code of Professional Responsibility
"J" Formal ethics opinions interpreting the Michigan Code of Judicial Conduct
"JI" Informal ethics opinions interpreting the Michigan Code of Judicial Conduct
"MBJ" Michigan Bar Journal, monthly publication of the State Bar of Michigan
"R" Formal ethics opinions interpreting the Michigan Rules of Professional Conduct
"RI" Informal ethics opinions interpreting the Michigan Rules of Professional Conduct
"Op" Opinions interpreting the former Canons of Professional Ethics or the former Canons of Judicial Ethics.

Search by Opinion Number or Keywords

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Index

For the researcher's convenience, this list is provided to show the topics used for indexing authorities in this volume.

Cameras in the Courtroom

Campaign Funding, Judicial

Campaign Practices

Candidates

Candor to Court

Charitable/Civic Activities of Judges

Circumvention of Ethics Rules

City Attorney

Civility

Claims

Class Actions

Client

Client, Former

Client Misconduct

Client Property

Code of Judicial Conduct

Collections

Commercial Law

Commissions

Committee on Professional and Judicial Ethics

Communication About Lawyer Services

Communication With Client

Compensation [judicial]

Competence

Conduct Prejudicial to Administration of Justice

Confidences

Conflict of Laws

Conflicts of Interest

Contact With Adjudicators

Contact With Represented Persons

Contact With Unrepresented Persons

Contact With Witnesses

Contingent Fee

Cooperation With Discipline Authorities

Corporate Representation

Corporation Counsel

Corporations

Costs and Expenses of Litigation

Counsel Cooperation

Court Appointed Representation

Covenants Not to Compete

Criminal Representation

Cross-Examination

Cybersecurity

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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