Decision-Making Authority of Client
|
Accepting arbitration of attorney fees
|
RI-002,
RI-196,
|
|
|
Advance waiver of future conflicts of interest invalid
|
RI-183,
|
|
|
Advancing costs through venture capital company
|
RI-321,
|
|
|
Arrangement to refer clients to particular real estate broker
|
RI-145,
|
|
|
Choice of counsel when case transferred
|
JI-089,
|
|
|
Choice of counsel when lawyer changes firms
|
RI-086,
RI-245,
|
|
|
Consent to negotiating settlement without counsel present
|
RI-145,
|
|
|
Consent to representation by spouse of opposing counsel
|
R-003,
|
|
|
Consent to multiple representation
|
RI-098,
|
|
|
Consent to withdrawal in event of conflict
|
RI-183,
|
|
|
Costs advanced by venture capital company
|
RI-321,
|
|
|
Decision to seek legal representation after solicitation
|
RI-099,
|
|
|
Disabled client
|
RI-076,
RI-213,
|
|
|
Discharge of lawyer
|
RI-086,
RI-098,
|
|
|
Distribution of estate assets
|
R-010,
RI-085,
RI-350,
|
|
|
Fees paid by third party
|
RI-293,
|
|
|
Fiduciary as client
|
R-010,
RI-350,
|
|
|
Guardian serving as lawyer for ward
|
RI-213,
|
|
|
Independent counsel on arbitration of fees
|
RI-002,
RI-196,
|
|
|
Independent judgment—fees paid by third party
|
RI-293,
|
|
|
Insurance representation
|
RI-089,
|
|
|
Minor child as client
|
RI-140,
|
|
|
Multiple clients, consent to representation
|
RI-098,
|
|
|
Naming lawyer as personal representative in will
|
RI-291,
|
|
|
Parent's role when lawyer represents minor child
|
RI-140,
|
|
|
Personal representative exercising fiduciary duties
|
R-010,
RI-085,
|
|
|
Real estate referrals
|
RI-146,
|
|
|
Settlement offers
|
RI-076,
|
|
|
Trust kit—use of intermediary with client
|
RI-325,
|
|
|
Using intermediary to meet with clients
|
RI-325,
|
|
|
Wrongful death case proceeds distribution
|
R-010,
|
|
|
Depositions
|
Disability
|
Attorney duties toward
|
RI-213,
|
|
|
Compensation when filing protective order against client
|
RI-076,
|
|
|
Conservator duties toward
|
RI-213,
RI-304,
RI-342,
|
|
|
Decisions about representation
|
RI-051,
RI-176,
|
|
|
Decisions about settlement
|
RI-076,
|
|
|
Discharge of lawyer
|
RI-051,
|
|
|
Disclosing medical file to client
|
RI-063,
|
|
|
Dual capacity of guardian and lawyer for ward
|
RI-213,
|
|
|
Duties of lawyer toward
|
69 MBJ 943 (Sep 1990),
|
|
|
Guardian duties toward
|
RI-213,
RI-227,
|
|
|
Independent corroboration of condition
|
RI-051,
|
|
|
Minor child as client
|
RI-140,
|
|
|
Petition for guardianship
|
RI-176,
|
|
|
Representing ward and conservator
|
RI-176,
RI-304,
RI-342,
|
|
|
Scope of representation
|
RI-213,
|
|
|
Seeking protective order for
|
RI-076,
|
|
|
Physical problem, unable to perform judicial duties
|
Matter of Lawrence,
417 Mich 248 (1983),
|
|
|
Confidentiality
|
69 MBJ 943 (Sep 1990),
|
|
|
Receiver
|
69 MBJ 241 (Mar 1990),
|
|
|
Notices
|
69 MBJ 241 (Mar 1990),
|
|
|
Discharge of Lawyer by Client
|
Charging fees for withdrawal
|
RI-296,
|
|
|
|
|
Discretion of client
|
RI-051,
|
|
|
Effect on duty to rectify client perjury
|
RI-013,
|
|
|
Frivolous or tactical discharge by client
|
RI-051,
|
|
|
Grievance filed by current client
|
RI-084,
70 MBJ 698 (Jul 1991),
|
|
|
Lawyer changing firms
|
RI-086,
RI-245,
|
|
|
Motion for withdrawal
|
RI-051,
|
|
|
Multiple clients, discharged from representing some
|
RI-098,
|
|
|
Parent's attempt to discharge lawyer for minor child
|
RI-140,
|
|
|
Restriction on client's right to discharge
|
RI-086,
RI-245,
|
|
|
For-profit matching services
|
|
|
|
Discipline Proceedings
|
Abstention, federal
|
Fieger v. Thomas,
74 F3d 740 (Ca6 1996),
Dunchock v. Higle,
US Dis Ct Edmi,
1996 US Dist Lexis 6631 (Edmi Unpublished 4/22/1996),
Macdonald v. Gaskin,
US Dist Ct Edmi,
Hodari v. Michigan Attorney Grievance Comm'n,
|
|
|
Absence of one panel member during portion of testimony
|
State Bar Grievance Adm'R v. Roth,
400 Mich 484 (1977),
Grievance Adm'R v. Grubbs,
396 Mich 275 (1976),
|
|
|
Authority to dismiss complaint without prejudice
|
401 Mich 155 (1977),
Grievance Adm'r v. Woll,
|
|
|
Charging fees to client for grievance defense
|
RI-296,
|
|
|
Conflict of interest of member of grievance prosecutorial staff
|
RI-119,
RI-121,
|
|
|
Conflict of interest of panel member
|
RI-119,
RI-121,
RI-131,
|
|
|
Criminal procedure rules do not apply
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
|
|
|
Cross-examination of witnesses
|
State Bar v. Murphy,
387 Mich 632 (1972),
|
|
|
Delay in issuing decision
|
403 Mich 172 (1978),
Grievance Adm'r v. Donigan,
|
|
|
Delay in scheduling hearing
|
State Bar v. Albert,
390 Mich 234 (1973),
|
|
|
Discovery by respondent
|
Matter of Mikesell,
396 Mich 517 (1976),
|
|
|
Disqualification of panel members based on judicial disqualification rules
|
RI-119,
|
|
|
Disqualification of panel members employed by member of discipline prosecuting authority
|
RI-121,
|
|
|
Disqualification of panel members under current investigation
|
RI-131,
|
|
|
Disqualification of panel members within third degree of advocate's law firm
|
RI-119,
|
|
|
"Due diligence" of prosecutor required to support dismissal without prejudice
|
401 Mich 155 (1977),
Grievance Adm'r v. Woll,
|
|
|
Examination of respondent by panelist to clarify facts
|
State Bar Grievance Adm'R v. Roth,
400 Mich 484 (1977),
|
|
|
Examination of witnesses
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
State Bar v. Murphy,
387 Mich 632 (1972),
|
|
|
Exculpatory information, access to
|
No 97692 Mi Sup Ct (2/19/1994),
Grievance Adm'r v. Attorney Discipline Bd.,
|
|
|
Ex parte discussions with panel members
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
|
|
|
Failure to respond or appear
|
In Re Moes,
389 Mich 258 (1973),
394 Mich 5 (1975),
Grievance Adm'r v. Williams,
|
|
|
Findings based on edited transcript of previous proceeding
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
|
|
|
Hostility of panel members as prejudicial
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
407 Mich 336 (1979),
Grievance Adm'r v. Del Rio,
|
|
|
Judge who reports party's lawyer to discipline board may preside at party's trial
|
JI-024,
|
|
|
Lawyer serving as discipline hearing panel member
|
JI-024,
RI-119,
RI-121,
RI-131,
|
|
|
Panel member concurrently under discipline investigation
|
RI-131,
|
|
|
Panel member is employee of Grievance Commission member
|
RI-121,
|
|
|
Panel member related to advocate
|
RI-119,
|
|
|
Panel member related to member of advocate's firm
|
RI-119,
|
|
|
Rehearing based on new evidence
|
In The Matter of Daggs,
411 Mich 304 (1981),
|
|
|
Respondent's Check List
|
74 MBJ 692 (Jul 1995),
|
|
|
Sanction term defined by occurrence of event
|
402 Mich 501 (1978),
Grievance Adm'r v. Ruebelman,
|
|
|
Sufficiency of complaint
|
390 Mich 147 (1973),
Grievance Adm'r v. Jackson,
|
|
|
Transcript used as substantive evidence
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
|
|
|
Weight to be given charges dropped from complaint
|
Matter of Mikesell,
396 Mich 517 (1976),
|
|
|
Eleventh Amendment
|
Tucker v. Michigan Attorney Discipline Bd.,
(Edmi 9/30/1996),
|
|
|
Prosecutorial
|
Mcr 9.125,
Dunchock v. Higle,
US Dis Ct Edmi,
|
|
|
Quasi-judicial
|
1996 US App Lexis 5727,
(Unpublished Ca6 2/22/1996),
Berger v. Cuyahoga County Bar Ass'N,
983 F2d 718 (Ca6 1993),
Cert Den 113 S Ct 2416 (1993),
Eston v. Van Bolt,
728 F Supp 1336 (Ed Mich 1990),
|
|
|
Complainant's withdrawal of complaint
|
390 Mich 147 (1973),
405 Mich 563 (1979),
Reh 407 Mich 278 (1979),
Grievance Adm'r v. McWhorter,
Grievance Adm'r v. Jackson,
|
|
|
Failure to contact complainant
|
402 Mich 74 (1977),
Grievance Adm'r v. Kopp,
|
|
|
Rehearing based on new evidence
|
In The Matter of Daggs,
411 Mich 304 (1981),
|
|
|
Respondent's Check List
|
74 MBJ 692 (Jul 1995),
|
|
|
Respondents right to copy of Complainant's mandamus petition
|
406 Mich 511 (1979),
Grievance Adm'r v. Giltner,
|
|
|
Selective prosecution
|
407 Mich 336 (1979),
Grievance Adm'r v. Del Rio,
|
|
|
Americans With Disabilities Act application
|
|
|
|
Due process in judicial discipline proceedings
|
Matter of Mikesell,
396 Mich 517 (1976),
|
|
|
Federal court review of state proceedings
|
Doe v. Attorney Discipline Bd.,
1996 WL 78312,
1996 US App Lexis 5727 (unpublished CA6 2/22/1996),
Ginger v. Wayne County Circuit Court,
372 F2d 612 (CA6 1967),
cert den 387 US 935 (1967),
|
|
|
Jurisdiction over misconduct occurring after becoming judge
|
In Re Kapcia,
389 Mich 306 (1973),
|
|
|
Discipline, Judicial
|
Conditional removal from bench
|
In Re Moes,
389 Mich 258 (1973),
|
|
|
Conduct before becoming judge
|
Matter of Loyd,
424 Mich 514 (1986),
Matter of Waterman,
433 Mich 1207 (1989),
|
|
|
Jurisdiction over misconduct occurring before becoming judge
|
Matter of Ryman,
394 Mich 637 (1975),
Leitman v. State Bar Grievance Bd.,
387 Mich 596 (1972),
|
|
|
Misappropriation
|
Matter of Loyd,
424 Mich 514 (1986),
|
|
|
Neglect of legal matters
|
Matter of Hammons,
426 Mich 1225 (1986),
|
|
|
Review required before removal from bench
|
In Re Kapcia,
389 Mich 306 (1973),
Matter of Loyd,
424 Mich 514 (1986),
|
|
|
Discipline, Lawyer
|
Adult Attention Deficit Disorder
|
Doe v. Attorney Discipline Bd.,
1996 Wl 78312,
1996 US App Lexis 5727 (Unpublished Ca6 2/22/1996),
|
|
|
Charging fees to client for grievance defense
|
RI-296,
|
|
|
Court-appointed receiver charging to defend grievance
|
RI-330,
|
|
|
Deposition taken by suspended lawyer
|
RI-101,
|
|
|
Disciplined lawyers, scope of permitted activity
|
C-211,
68 MBJ 1108 (Nov 1989),
|
|
|
Failure to file income tax returns
|
Matter of Gillis,
402 Mich 286 (1978),
In Re Lewis,
389 Mich 668 (1973),
|
|
|
Failure to perform when not paid
|
In Re Daggs,
384 Mich 729 (1971),
|
|
|
Fees for disciplined lawyer determined by quantum meruit
|
RI-019,
RI-030,
RI-270,
|
|
|
Forgery
|
In Re Ryman,
394 Mich 167 (1975),
|
|
|
Judge who formerly participated on discipline panel subsequently presiding in matter in which respondent appears as party or advocate
|
JI-024,
|
|
|
Law firm interest held by disciplined lawyer
|
RI-238,
|
|
|
Lien enforcement against client without notice
|
73 MBJ 690 (Jul 1994),
Matte of Geralds,
402 Mich 387 (1978),
|
|
|
Partnership or shareholder interest held by disciplined lawyer
|
RI-238,
|
|
|
Receiver charging fees to defend grievance
|
RI-330,
|
|
|
Solicitation of clients through agents
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
|
|
|
Suspended lawyer right to expenses
|
RI-019,
RI-030,
|
|
|
Suspended lawyer sharing legal fee
|
RI-019,
RI-030,
RI-270,
|
|
|
Unauthorized practice of law by disciplined lawyer
|
RI-101,
|
|
|
Discovery
|
Attorney charging hourly rate to submit to deposition
|
RI-003,
|
|
|
Charge for lawyer being deposed
|
RI-003,
|
|
|
"Confidential" documents, duty to return
|
RI-179,
|
|
|
Contacting party employees pursuant to court order
|
RI-042,
|
|
|
Cross-examination of client for unrelated matter
|
RI-218,
|
|
|
Deposing lawyer, charge for
|
RI-003,
|
|
|
Deposition of judicial officer
|
JI-057,
|
|
|
Documents disclosed in error
|
RI-179,
|
|
|
Former client suspected of illegal activity
|
RI-106,
|
|
|
Home addresses of corporate employees
|
R-002,
|
|
|
Inaccurate, truthful testimony of client
|
RI-272,
|
|
|
Inconsistent testimony of client
|
RI-013,
RI-033,
|
|
|
Judge present in courtroom as moral support for party
|
JI-015,
|
|
|
Judge testifying on representation of former client
|
JI-032,
|
|
|
Medical records of witness obtained through client fraud
|
RI-209,
|
|
|
Lawyer testifying on privileged matters
|
69 MBJ 551 (Jun 1990),
|
|
|
Subpoena for client information
|
JI-032,
RI-106,
69 MBJ 551 (Jun 1990),
|
|
|
Subpoena to nonparty
|
74 MBJ 564 (Jun 1995),
|
|
|
Disinterested Lawyer Standard
|
Allocation issues prevent multiple representation of major and de minimis PRPs at environmental clean up site
|
R-016,
|
|
|
Allocation issues prevent multiple representation of owner and generator at environmental clean up site
|
R-016,
|
|
|
Assignment of collection case while still representing client
|
RI-159,
|
|
|
Balancing issues between clients
|
RI-239,
|
|
|
Client suing lawyer for malpractice
|
RI-025,
|
|
|
Collusion to collect insurance
|
RI-066,
|
|
|
Consolidation of conflicting cases on appeal
|
RI-108,
|
|
|
Determining whether client would be competently represented with scope of limitation in place
|
RI-348,
|
|
|
Dispute among clients on acceptance of mediation award
|
RI-134,
|
|
|
Employment situation affects lawyer's ability to pursue client's matter
|
RI-080,
|
|
|
lawyer's prior advice at stake
|
RI-047,
|
|
|
Liability of lawyer's partner
|
RI-037,
|
|
|
Limitation of scope in bankruptcy proceeding
|
RI-348,
|
|
|
Limitation of scope to obtain waiver of client conflict of interest
|
RI-358,
|
|
|
Medical provider client disputing bill with unrelated client
|
RI-215,
|
|
|
Multiple clients, criminal activity of one
|
RI-111,
|
|
|
Personal injury victim and owner in unrelated matters
|
RI-066,
|
|
|
Screening does not cure
|
RI-139,
RI-172,
|
|
|
Suing current client for fees
|
RI-159,
|
|
|
Testimony inconsistent with clients interests
|
RI-021,
|
|
|
Withdrawal required upon discovery
|
RI-139,
|
|
|
Disposition of Judicial Campaign Funds
|
Carry-over of funds to another election prohibited
|
Matter of Lawrence,
417 Mich 248 (1983),
|
|
|
Distribution to government committee
|
A/O 14,
|
|
|
Expenditures prior to announcing candidacy
|
JI-081,
|
|
|
Expenditures prior to 180-day fund raising period
|
JI-074,
JI-078,
JI-081,
|
|
|
Family compensation for campaign work
|
A/O 66,
|
|
|
Loan from previous election
|
A/O 56,
|
|
|
Investiture celebration
|
JI-060,
A/O 71,
|
|
|
"Office holder expense fund" improper
|
Matter of Lawrence,
417 Mich 248 (1983),
|
|
|
Refund of campaign expense
|
JI-063,
|
|
|
Reimbursing candidate from campaign funds
|
JI-081,
|
|
|
Repaying loans to campaign
|
JI-007,
JI-063,
|
|
|
Retiring campaign debts
|
JI-007,
JI-063,
|
|
|
Return of excess funds
|
Matter of Lawrence,
417 Mich 248 (1983),
|
|
|
Sponsoring athletic team
|
JI-058,
|
|
|
Disqualification, Judicial
|
Colleague judge testifying
|
JI-057,
|
|
|
Employer of Judge's spouse testifying
|
JI-061,
|
|
|
Nephew of presiding judge testifying
|
A/O 36,
|
|
|
Parole officer testifying as police officer
|
JI-062,
|
|
|
Sheriff who has shared business interest
|
JI-086,
|
|
|
Staff of board on which judge sits
|
JI-066,
|
|
|
Personal acquaintance insufficient for judicial disqualification
|
JI-044,
|
|
|
Actual bias mandates disqualification of judge
|
Adams v. Adams,
100 Mich App 1 (1980),
|
|
|
Actual bias generally required
|
People v. HoUSton,
179 Mich App 753 (1989),
Inmates v. Wayne County Executive,
178 Mich App 634 (1989),
|
|
|
Animosity toward advocate
|
JI-044,
|
|
|
Appearance of bias
|
J-005,
JI-043,
JI-044,
R-020,
Crampton v. Department of State,
395 Mich 347 (1975),
|
|
|
Appointee as advocate before appointing judge
|
JI-029,
|
|
|
Campaign opponent appearing before judge
|
J-006,
JI-023,
JI-096,
RI-052,
A/O 103,
|
|
|
Campaign Opponent's firm appearing before judge
|
J-006,
JI-023,
JI-096,
RI-052,
A/O 103,
|
|
|
Discipline panel member currently under discipline investigation
|
RI-131,
|
|
|
Employee reviewing decisions of employer
|
RI-121,
|
|
|
Filing grievance against lawyer appearing before hearing officer
|
JI-123,
|
|
|
Grievance filed by hearing officer
|
JI-123,
|
|
|
Judge former prosecutor
|
People v. Hampton,
184 Mich App 434 (1990),
|
|
|
Judge or Judge's former firm represented party as attorney within last two years
|
Michigan Ass'N of Policy v. City of Pontiac,
177 Mich App 752 (1989),
|
|
|
Law clerk whom "personally and substantially" participated
|
RI-043,
|
|
|
Law firm of part-time magistrate
|
RI-114,
|
|
|
Malpractice action pending against judge and former firm
|
J-006,
JI-039,
A/O 41,
|
|
|
Part-time magistrate with court funding unit as client
|
JI-097,
|
|
|
Part-time referee engaging in law practice
|
JI-126,
|
|
|
Party opponent appearing in unrelated matter as advocate
|
R-015,
|
|
|
Perpetual recusal of judge for animosity toward advocate
|
JI-044,
|
|
|
Personal acquaintance insufficient for judicial disqualification
|
JI-044,
|
|
|
"Personal and substantial" participation
|
JI-034,
JI-097,
RI-001,
|
|
|
Personal lawyer of judge appearing as advocate
|
J-005,
JI-043,
R-020,
|
|
|
Presiding in cases in which employee of law firm's client appear
|
In Re Schlossberg v. State Bar Grievance Bd.,
388 Mich 389 (1972),
|
|
|
Probability of actual bias too high
|
Crampton v. Department of State,
395 Mich 347 (1975),
|
|
|
Referee who also practices law before own court
|
JI-126,
|
|
|
Sentences, Judge's disapproval of mandatory life sentence
|
People v. HoUSton,
179 Mich App 753 (1989),
|
|
|
Spouse is assistant prosecutor
|
JI-101,
JI-133,
|
|
|
Taint from exposure to data not in official record
|
RI-166,
|
|
|
Advocate is personal lawyer of judge
|
J-006,
JI-039,
JI-043,
|
|
|
Advocate represents judge in unrelated malpractice action
|
J-006,
JI-039,
|
|
|
Advocate formerly represented member of Judge's family
|
J-006,
JI-102,
|
|
|
Bonus from former firm for work done prior to assuming office
|
JI-037,
|
|
|
Business participation
|
J-003,
J-006,
|
|
|
City commissioner becomes judge
|
J-004,
J-006,
|
|
|
Employment negotiations with advocate's firm
|
JI-035,
|
|
|
Financial impact of case on law firm of part-time judge
|
JI-097,
|
|
|
Grievance filed by party against judge
|
Clemens v. Bruce,
122 Mich App 35 (1982),
Autoworkers Flint Federal Credit Union v. Rogler,
32 Mich App 257 (1971),
|
|
|
Investment club membership by judge
|
JI-119,
|
|
|
Judge as member of investment club with lawyers
|
JI-119,
|
|
|
Malpractice action pending against judge and former firm
|
J-006,
JI-039,
A/O 41,
|
|
|
Presiding in cases in which employee of law firm's client appear
|
In Re Schlossberg v. State Bar Grievance Bd.,
388 Mich 389 (1972),
|
|
|
Prosecutor becomes judge
|
JI-034,
|
|
|
Retired Judge's business interests
|
J-003,
J-006,
|
|
|
Spouse is assistant prosecutor
|
JI-101,
JI-133,
|
|
|
Witness acquainted with judge
|
JI-062,
JI-066,
A/O 36,
|
|
|
Board member of a nonprofit legal aid organization appearing
|
JI-038,
JI-051,
A/O 45,
|
|
|
Business interest with advocate
|
J-004,
J-006,
JI-006,
People v. Perkins,
193 Mich App 209 (1992),
|
|
|
Business interest with lower court judge
|
JI-086,
|
|
|
Campaign committee member appearing as advocate before candidate
|
JI-079,
|
|
|
Firm buying Judge's former practice
|
JI-118,
|
|
|
Investment club membership by judge
|
JI-119,
|
|
|
Judge as member of investment club with lawyers
|
JI-119,
|
|
|
Spouse is assistant prosecutor
|
JI-101,
JI-133,
|
|
|
Witness acquainted with or related to presiding judge
|
JI-062,
JI-066,
A/O 36,
|
|
|
Witness with financial relationship to judge
|
JI-086,
|
|
|
Advocate from legal service organization where judge serves on board
|
JI-038,
JI-051,
A/O 45,
|
|
|
Advocate is Judge's personal lawyer
|
J-005,
R-020,
|
|
|
Financial interest between judge and advocate
|
J-004,
J-006,
People v. Perkins,
193 Mich App 209 (1992),
|
|
|
Judge dating party appearing before judge
|
J-006,
R-003,
Matter of Templin,
432 Mich 1220 (1989),
|
|
|
Judge's spouse is assistant prosecutor
|
JI-101,
JI-133,
|
|
|
Notice and recusal unless asked to preside
|
J-004,
J-006,
JI-035,
|
|
|
Witness from organization where judge sits on board
|
JI-066,
|
|
|
Ex parte approach by advocate for recusal
|
JI-083,
|
|
|
Board member of a nonprofit legal aid organization appearing
|
JI-038,
JI-051,
A/O 45,
|
|
|
Charitable board resignation
|
J-001,
|
|
|
Disclosure of tenancy with lawyer advocate
|
JI-006,
|
|
|
Divestiture
|
J-003,
J-006,
|
|
|
Investment club membership by judge
|
JI-119,
|
|
|
Judge as host of commercially-sponsored program
|
JI-137,
|
|
|
Judge as member on investment club with lawyers
|
JI-119,
|
|
|
Leasing space to lawyers
|
JI-006,
|
|
|
Retired Judge's business participation
|
J-003,
J-006,
|
|
|
Seminar related to case pending before judge
|
JI-084,
|
|
|
Bonus from former firm for work done prior to assuming office
|
JI-037,
|
|
|
Business participation
|
J-003,
J-006,
|
|
|
Buy-out payments for law firm interest
|
J-004,
J-006,
|
|
|
Disclosure of business interest
|
JI-006,
People v. Perkins,
193 Mich App 209 (1992),
|
|
|
Disqualification of judge—firm purchasing Judge's former practice
|
JI-118,
|
|
|
Financial interest of law firm of part-time judge
|
JI-097,
|
|
|
Financial interest with advocate
|
J-004,
J-006,
JI-006,
JI-035,
People v. Perkins,
193 Mich App 209 (1992),
|
|
|
Financial interest with lower court judge
|
JI-086,
|
|
|
Financial interest with witness
|
JI-086,
|
|
|
Financial interest in outcome
|
Crampton v. Department of State,
395 Mich 347 (1975),
|
|
|
Investment club membership by judge
|
JI-119,
|
|
|
Judge as member of investment club with lawyers
|
JI-119,
|
|
|
Landlord to advocate
|
JI-006,
A/O 37,
A/O 39,
A/O 40,
A/O 62,
A/O 84,
|
|
|
Landlord assigned to hear landlord/tenant matters
|
A/O 38,
|
|
|
Law firm buying Judge's former practice appearing before judge
|
JI-118,
|
|
|
Notice and recusal unless asked to preside
|
J-004,
J-006,
JI-035,
|
|
|
Partnership interest in law firm
|
A/O 81,
|
|
|
Pension benefits from former firm
|
JI-020,
|
|
|
Real estate partners with advocate
|
J-004,
J-006,
JI-035,
|
|
|
Real estate partners with possible party
|
A/O 110,
|
|
|
Receiving pension payments under independently administered plan
|
JI-020,
|
|
|
Sale of law books to advocate
|
JI-040,
|
|
|
Acquaintance of judge appearing as advocate or party
|
JI-044,
|
|
|
"Affinity"
|
Bliss v. Cuille Brothers Co.,
149 Mich 601 (1907),
Boyer v. BackUS,
282 Mich 701 (1938),
Van Cleve v. Van Fossen,
73 Mich 342 (1889),
|
|
|
Animosity toward advocate
|
JI-044,
|
|
|
Discipline counsel related to hearing panelist
|
RI-119,
|
|
|
Party in matter dates presiding judge
|
J-006,
R-003,
Matter of Templin,
432 Mich 1220 (1989),
|
|
|
Firm of Judge's family members
|
C-216,
J-004,
J-006,
R-003,
|
|
|
Judge hearing case prosecuted by spouse
|
J-006,
R-003,
|
|
|
Judge hearing case prosecuted by spouse's firm
|
J-006,
R-003,
|
|
|
Lawyer appearing is personal lawyer of judge
|
J-006,
JI-039,
|
|
|
Lawyer appearing was lawyer for Judge's family member
|
J-006,
JI-102,
|
|
|
Nonlawyer employee of advocate related to judge
|
C-216,
|
|
|
Paralegal relative of judge worked on case presented
|
C-216,
J-006,
|
|
|
Perpetual recusal due to animosity toward advocate
|
JI-044,
|
|
|
Receiving payments from independently administered pension plan
|
JI-020,
|
|
|
Related to advocate
|
J-004,
J-006,
A/O 60,
|
|
|
Relative of judge is member or employee of law firm appearing in the matter
|
C-216,
J-004,
J-006,
|
|
|
Reviewing decisions of spouse
|
JI-031,
|
|
|
Son-in-law as advocate
|
J-004,
J-006,
|
|
|
Spouse is assistant prosecutor
|
JI-101,
JI-133,
|
|
|
Spouse of defense lawyer testifying on behalf of prosecution
|
RI-242,
|
|
|
Supervising performance of spouse
|
JI-031,
|
|
|
Conditions meriting disqualification
|
J-006,
75 MBJ 934 (Sep 1996),
|
|
|
Exclusive disqualification procedure found in MCR 2.003
|
Stockler v. Rose,
174 Mich App 14 (1989),
|
|
|
Motions for disqualification
|
75 MBJ 934 (Sep 1996),
|
|
|
Remittal of disqualification
|
J-006,
|
|
|
Advocate not a member while judge was member
|
J-004,
J-006,
|
|
|
Advocate from firm that merged with Judge's former firm
|
J-004,
J-006,
|
|
|
Advocate is lawyer of Judge's party opponent in unrelated matter
|
R-015,
|
|
|
Advocate represented Judge's family member
|
J-006,
JI-102,
|
|
|
Associate of former firm who joined after judge departed
|
J-004,
J-006,
|
|
|
Cases involving Judge's former partners and clients
|
J-006,
JI-039,
|
|
|
Codefendants with judge in unrelated matter appear as advocates
|
J-006,
JI-039,
|
|
|
Financial interest with advocate
|
J-004,
J-006,
JI-006,
JI-035,
People v. Perkins,
193 Mich App 209 (1992),
|
|
|
Former firm appearing before judge
|
J-004,
J-006,
JI-039,
|
|
|
Former firm associates appearing before judge
|
J-004,
J-006,
|
|
|
Members of predecessor firm who joined after judge departed
|
J-004,
J-006,
|
|
|
Members of former firm arriving after judge departed
|
J-004,
J-006,
|
|
|
"Of counsel" relationship between advocate and former firm
|
A/O 80,
|
|
|
Part-time referee disqualified from hearing matters presented by referee's law firm
|
JI-029,
|
|
|
Part-time referee engaging in law practice
|
JI-126,
|
|
|
Referee who also practices law before own court
|
JI-126,
|
|
|
Spouse is assistant prosecutor
|
JI-101,
JI-133,
|
|
|
Two-year disqualification from cases in which former firm members appear
|
J-004,
J-006,
A/O 80,
|
|
|
Case where judge has been consulted as lawyer
|
J-004,
J-006,
JI-034,
|
|
|
Discipline complaint filed by party against judge
|
Clemens v. Bruce,
122 Mich App 35 (1982),
Autoworkers Flint Federal Credit Union v. Rogler,
32 Mich App 257 (1971),
|
|
|
Discipline respondent as party or advocate in hearing before judge who was discipline panel member
|
JI-024,
|
|
|
Enmeshed in other matters involving party
|
Crampton v. Department of State,
395 Mich 347 (1975),
|
|
|
Part-time referee, participated in matter as lawyer
|
JI-029,
RI-001,
|
|
|
Part-time magistrate, participated in matter as lawyer
|
JI-097,
|
|
|
Part-time magistrate representing court funding unit
|
JI-097,
|
|
|
Party is former client of firm not appearing
|
JI-100,
|
|
|
Presiding in earlier case involving same party insufficient alone to disqualify
|
In Re Schmeltzer,
175 Mich App 666 (1989),
|
|
|
Prior participation as accuser, investigator, fact finder or decision-maker
|
Crampton v. Department of State,
395 Mich 347 (1975),
|
|
|
"Substantial participation" in case as lawyer
|
JI-034,
JI-097,
RI-001,
RI-249,
|
|
|
Target of personal abuse or criticism from party
|
JI-044,
Crampton v. Department of State,
395 Mich 347 (1975),
|
|
|
Will offered for probate was drafted by presiding judge
|
A/O 17,
|
|
|
Disqualification, Lawyer
|
Client as adverse witness in unrelated case
|
RI-239,
|
|
|
Co-counsel as pretext to effect recusal of judge
|
JI-044,
|
|
|
Divorce consultation triggering disqualification
|
RI-048,
|
|
|
Firm disqualification if lawyer testifies regarding fees
|
RI-299,
|
|
|
Firm of commissioner representing clients before commission
|
C-241,
RI-022,
RI-180,
RI-236,
|
|
|
Firm of public official appearing before
|
C-241,
RI-022,
RI-180,
RI-236,
|
|
|
Firms of lawyer spouses
|
R-003,
|
|
|
Initial consultation triggering disqualification
|
RI-048,
|
|
|
Inside counsel of government entity
|
RI-267,
|
|
|
|
|
"Of counsel" as fiduciary in matter
|
RI-237,
|
|
|
Opposing lawyers cohabitating
|
R-003,
|
|
|
Opposing lawyers dating
|
R-003,
|
|
|
Part-time magistrate representing court funding unit
|
JI-097,
|
|
|
Prosecutor's office employees
|
RI-043,
RI-112,
|
|
|
Referral as pretext to effect recusal of judge
|
JI-044,
|
|
|
Representing municipality when mayor is a sibling
|
RI-094,
|
|
|
Subject matter same as current representation
|
RI-046,
|
|
|
"Substantially related" representation
|
RI-046,
|
|
|
US Army Legal Assistance providing legal assistance to soldiers and spouses
|
RI-172,
|
|
|
Criminal defense lawyer becomes prosecutor
|
RI-152,
|
|
|
Declining representation against
|
RI-046,
|
|
|
Divorce and land foreclosures "related"
|
RI-046,
|
|
|
Initial consultation triggering disqualification
|
RI-048,
RI-154,
|
|
|
Initial interview by nonlawyer employee
|
RI-123,
|
|
|
Imputed disqualification after initial consultation
|
RI-048,
|
|
|
lawyer's duty to prove no conflict
|
RI-048,
|
|
|
Likelihood that confidential information is relevant
|
RI-046,
|
|
|
Overlap of factual or legal issues with current representation
|
RI-046,
|
|
|
Possibility of using confidential information
|
RI-046,
|
|
|
Representing will beneficiaries against former client, personal representative
|
RI-087,
|
|
|
Screening new employees to prevent
|
RI-043,
RI-115,
RI-284,
RI-285,
70 MBJ 440 (May 1991),
|
|
|
Firm of adverse lawyer-witness
|
RI-021,
|
|
|
Firm of lawyer's witness
|
RI-299,
|
|
|
Campaign opponent is presiding judge
|
J-006,
JI-023,
JI-096,
RI-052,
A/O 103,
|
|
|
Financial impact on firm of part-time magistrate
|
JI-097,
|
|
|
Spouse of defense lawyer testifying on behalf of prosecution
|
RI-242,
|
|
|
Judicial discretion in granting motions
|
RI-051,
RI-287,
|
|
|
|
|
Divestiture
|
Business participation of judge
|
J-003,
J-006,
|
|
|
Irrevocable trust establishment
|
A/O 26,
|
|
|
Landlord to former firm
|
JI-006,
|
|
|
Officer of business
|
J-003,
J-006,
|
|
|
Outside activities by new judge
|
75 MBJ 1071 (Oct 1996),
|
|
|
|
|
Division of Fees
|
Consulting arrangement with nonlawyer tax appeals expert
|
RI-104,
|
|
|
Expert witness fee based on percentage
|
C-240,
|
|
|
Government contract holder
|
RI-068,
|
|
|
Independent contractor
|
RI-104,
|
|
|
Representing new client against firm giving referral fees
|
RI-294,
|
|
|
Accounting required to referring lawyer
|
RI-224,
|
|
|
Advising client of division
|
RI-234,
|
|
|
Agreement for referral fee
|
RI-158,
|
|
|
Calculation based on percentage of client billings
|
RI-124,
|
|
|
Calculation based on percentage of hourly rates
|
RI-124,
|
|
|
Calculation based on percentage of referred cases
|
RI-201,
|
|
|
Calculation based on percentage of successor lawyer fee
|
RI-124,
RI-234,
|
|
|
Client consent to referral fee
|
RI-032,
RI-158,
RI-234,
|
|
|
Competence of receiving lawyer to handle case referred
|
RI-158,
|
|
|
Computing as percentage of hourly billings
|
RI-124,
|
|
|
Conditioning referral on payment of referral fee
|
RI-158,
|
|
|
Conflict of interest that prevents lawyer from taking case prohibits acceptance of referral fee
|
RI-116,
|
|
|
Consent of client for division of fee
|
RI-032,
RI-158,
|
|
|
Contract with receiving lawyer
|
RI-158,
|
|
|
Declining representation for conflict of interest prohibits acceptance of referral fee
|
RI-116,
|
|
|
Disqualification not merited upon refusal to pay
|
RI-224,
|
|
|
Duties when making a referral
|
RI-158,
|
|
|
Duty to provide referral even without fee
|
RI-158,
|
|
|
Incentive for more referrals
|
RI-124,
|
|
|
Listing on out-of-state firm website for referrals as advertising
|
RI-340,
|
|
|
Out-of-state lawyer referring to Michigan lawyer
|
RI-122,
RI-199,
|
|
|
Probate counsel referring wrongful death action for referral fee
|
RI-114,
|
|
|
Qualifications of lawyer receiving referral
|
RI-158,
|
|
|
Reasonableness of total fee
|
RI-234,
|
|
|
Receiving lawyer responsible for advising client
|
RI-234,
|
|
|
Referral agreement—new client against firm
|
RI-294,
|
|
|
Referral agreement with suspended lawyer
|
RI-030,
|
|
|
Referral fee based on percentage of yearly referrals
|
RI-124,
|
|
|
Referring lawyer entitled to accounting
|
RI-224,
|
|
|
Referring lawyer is witness for client
|
RI-211,
|
|
|
Referring lawyer responsible for advising client
|
RI-234,
|
|
|
Refusal to provide referral without fee is improper
|
RI-158,
|
|
|
Responsibility to advise client
|
RI-234,
|
|
|
Scope of notice to client about division
|
RI-234,
|
|
|
Suspended lawyer's right to fee
|
RI-019,
RI-030,
RI-270,
|
|
|
With out-of-state attorney
|
RI-122,
RI-199,
|
|
|
Cases referred when becoming judge
|
C-228,
J-004,
J-006,
|
|
|
Referral fees after becoming judge
|
JI-045,
|
|
|
Referee accepting referral fee
|
JI-045,
|
|
|
Apportioning trust account interest among successive lawyers
|
RI-064,
|
|
|
|
|
Contingent fee divided with predecessor lawyer
|
R-11,
|
|
|
Contingent fee divided with successor lawyer
|
R-11,
|
|
|
Contingent fee divided with suspended lawyer
|
RI-019,
RI-030,
|
|
|
Coupons for legal services
|
RI-366,
|
|
|
Disciplined lawyer
|
RI-019,
RI-030,
RI-270,
|
|
|
Disqualification not merited upon refusal to pay
|
RI-224,
|
|
|
|
|
Lawyer departing firm
|
RI-305,
|
|
|
Lawyers in different firms
|
RI-305,
|
|
|
Out-of-state attorney
|
RI-122,
|
|
|
Partnership agreement
|
RI-305,
|
|
|
"Quantum meruit" defined
|
RI-030,
|
|
|
Percentage of yearly client billings
|
RI-124,
|
|
|
Pretext to recuse presiding judge
|
JI-044,
|
|
|
Receiving lawyer leaves firm
|
RI-224,
|
|
|
Referring lawyer is witness for client
|
RI-211,
|
|
|
Rent calculated as percentage of gross income
|
RI-133,
|
|
|
Accepting referral from investment firm
|
RI-317,
|
|
|
Agent of lawyer
|
RI-143,
RI-191,
|
|
|
Allocating attorney fees to class action clients
|
RI-324,
|
|
|
Attorney fees allocated to class action clients
|
RI-324,
|
|
|
Commission from real estate broker for referring business
|
RI-146,
|
|
|
Court awarded sanctions
|
RI-303,
|
|
|
Deceased lawyer, payment of fees to estate
|
RI-216,
|
|
|
Disputed fees—court awarded sanctions
|
RI-303,
|
|
|
Document preparation agent
|
RI-191,
|
|
|
Door-to-door salespeople of trust kits
|
RI-325,
|
|
|
Fee division with referral service
|
R-6,
R-8,
RI-036,
RI-075,
|
|
|
Nonprofit lawyer referral service
|
RI-032,
|
|
|
Out-of-state attorney
|
RI-122,
|
|
|
Referral fee from insurance agent
|
RI-339,
|
|
|
Referral fee from investment firm
|
RI-317,
|
|
|
Referral service
|
R-6,
RI-032,
RI-075,
70 MBJ 146 (Feb 1991),
|
|
|
Payment for referral
|
In Re Woll,
387 Mich 154 (1972),
|
|
|
Real estate customer referred to broker for fee
|
RI-146,
|
|
|
Senior Citizen's Hotline
|
RI-032,
|
|
|
Sanctions ordered by court—division with client
|
RI-303,
|
|
|
|
|
Trade exchange of services between professionals
|
C-220,
|
|
|
Trust kit salespeople
|
RI-325,
|
|
|
Using intermediary to meet with clients
|
RI-325,
|
|
|
Written fee agreement—court awarded sanctions
|
RI-303,
|
|
|
Domestic Relations Matters
|
Adjusting fee after work performed
|
RI-150,
RI-241,
|
|
|
Advertising under trade name
|
RI-221,
|
|
|
Assault and battery between spouses on contingent fee
|
RI-181,
|
|
|
Assets allegedly concealed from client
|
RI-217,
|
|
|
Assignment of unpaid bill for collection
|
RI-159,
|
|
|
Charging multiple clients for same time period
|
RI-150,
|
|
|
Child custody representation against spouse of former client
|
RI-161,
|
|
|
Child support collections business owned by lawyer
|
RI-198,
|
|
|
Cohabitant claiming property awarded to former client
|
RI-174,
|
|
|
Conflict with client in unrelated case
|
RI-239,
|
|
|
Conflict with spouse of former client
|
RI-161,
|
|
|
Contingent fees for child support arrearages
|
RI-198,
|
|
|
Contingent fees for collecting past due alimony
|
RI-028,
|
|
|
Contingent fees to set aside property settlement
|
RI-127,
RI-204,
|
|
|
Contingent fees for post-judgment matters
|
RI-221,
|
|
|
Contingent fee for spouse assault and battery
|
RI-181,
|
|
|
Deed to marital home as collateral for fees
|
RI-354,
|
|
|
Delinquency matters handled by prosecutor
|
RI-183,
|
|
|
Divorce case, "results obtained" or "value added" provision
|
RI-346,
|
|
|
Divorce "kit" services
|
State Bar v. Cramer,
399 Mich 116 (1976) 68 MBJ 469 (Jun 1989),
|
|
|
Divorce client possible witness in unrelated representation
|
RI-239,
|
|
|
Divorce consultation triggering disqualification
|
RI-048,
|
|
|
Divorce representation against former divorce client
|
RI-282,
|
|
|
Domestic assault fees
|
RI-204,
|
|
|
Fixed rates for court appearances
|
RI-150,
|
|
|
Former client's interest in property dispute
|
RI-174,
|
|
|
Fraud perpetrated against former client
|
RI-217,
|
|
|
Initial consultation triggering disqualification
|
RI-048,
|
|
|
Issuing support order as magistrate—subsequent representation
|
RI-288,
|
|
|
Law firm with nonlawyer consultants
|
RI-104,
|
|
|
Lawyer as witness in invalidating post-nuptial agreement
|
RI-281,
|
|
|
Legal services agency conducting pro se clinic
|
RI-301,
|
|
|
"Loan" purportedly concealing marital assets
|
RI-217,
|
|
|
Marital counseling service operated by lawyer's spouse
|
RI-206,
|
|
|
Marital property dispute adverse to former client's recovery
|
RI-174,
|
|
|
Mediator drafting parties' agreement
|
RI-278,
|
|
|
Negotiating settlement with represented party
|
RI-145,
|
|
|
Post-nuptial agreement dispute, lawyer as witness
|
RI-281,
|
|
|
Practice by part-time domestic relations referee
|
JI-029,
RI-001,
|
|
|
Pro se clinic conducted by legal services agency
|
RI-301,
|
|
|
"Reasonableness" of fee
|
RI-150,
|
|
|
Real estate claim against former client's property settlement
|
RI-248,
|
|
|
Referrals from marital counseling service
|
RI-206,
|
|
|
Representing client against spouse of former client
|
RI-161,
|
|
|
Representing client—issued support order as magistrate
|
RI-288,
|
|
|
Self help clinics conducted by legal services agency
|
RI-301,
|
|
|
"Substantially related" divorce representation
|
RI-282,
|
|
|
Substitute counsel when lawyer is witness
|
RI-281,
|
|
|
Suit for unpaid fees while representing client
|
RI-159,
|
|
|
Trade name for law firm
|
RI-221,
|
|
|
Dual Practice
|
Ancillary ADR business
|
RI-263,
RI-275,
|
|
|
Serving client of opposing counsel in nonlaw business
|
RI-275,
|
|
|
Serving law clients
|
RI-275,
|
|
|
Waiver of liability in nonlaw business
|
RI-263,
|
|
|
Setting fees for nonlegal services
|
RI-198,
|
|
|
Soliciting law clients from collections customers
|
RI-198,
|
|
|
Accepting law clients referred by lawyers nonlaw business
|
RI-190,
|
|
|
Disclosure of lawyer's interest in nonlaw business
|
RI-190,
|
|
|
Disputes concerning nonlaw services may not be handled by law firm of lawyer/owner of nonlaw business
|
RI-190,
|
|
|
Referring law clients to lawyer's nonlaw business
|
RI-190,
|
|
|
|
|
Selling insurance to law clients
|
RI-135,
|
|
|
Soliciting law clients from insurance customers
|
RI-135,
|
|
|
|
|
Referrals between law and nonlaw services
|
RI-212,
|
|
|
Supervisory lawyer designation
|
RI-212,
|
|
|
|
|
Clarifying lawyer's role
|
RI-136,
|
|
|
Lawyer as witness in dispute against client board
|
RI-136,
|
|
|
lawyer's participation affecting disqualification of firm
|
RI-136,
|
|
|
Appointment as special prosecutor
|
C-225,
RI-152,
RI-177,
|
|
|
Appointment to represent indigent clients
|
R-015,
|
|
|
Budget control over participants in private representation matter
|
RI-126,
|
|
|
Commissioner appearing as counsel opposite city attorney
|
RI-126,
|
|
|
Commissioner appearing before courts within budget control
|
R-015,
|
|
|
Commissioner representing clients against housing authority
|
RI-126,
|
|
|
Commissioner serving as township attorney
|
C-214,
|
|
|
commissioner's private practice before local courts
|
R-015,
|
|
|
Direction and control over participants in private representation matter
|
R-015,
RI-126,
|
|
|
Examining witness deputy sheriff in unrelated matter
|
R-015,
|
|
|
Lawyer/administrative hearing officer
|
RI-110,
|
|
|
Personal and substantial participation
|
R-015,
JI-034,
|
|
|
Police commissioner taking criminal cases
|
RI-180,
|
|
|
Prosecutor may not serve concurrently as magistrate
|
JI-056,
|
|
|
Public attorney acting as referee
|
RI-129,
|
|
|
Public attorney handling defense cases
|
C-212,
R-013,
|
|
|
Referee acting as assistant city attorney
|
RI-129,
|
|
|
Special prosecutor appointments
|
C-225,
RI-152,
RI-177,
|
|
|
Representing customer of own nonlaw business
|
RI-005,
|
|
|
Reviewing title issued by own company
|
RI-005,
|
|
|
Title company ownership
|
RI-005,
|
|
|
Conflict screening mechanism
|
RI-191,
|
|
|
Delegating judgment regarding customer need for legal service
|
RI-191,
|
|
|
Document preparation service
|
RI-191,
|
|
|
Door-to-door contacts of prospective clients
|
RI-191,
|
|
|
Supervision of agents
|
RI-191,
|
|
|
City attorney/referee
|
RI-129,
|
|
|
|
|
Domestic relations referee and liaison attorney
|
JI-029,
|
|
|
Government contract holder/private practice
|
RI-068,
|
|
|
Hearing matters in which participated as lawyer
|
RI-001,
RI-129,
RI-249,
|
|
|
Hearing matters presented by former law firm
|
RI-001,
|
|
|
|
|
Part-time probate judge/private practice
|
JI-042,
|
|
|
Representing clients in matter formerly before as referee
|
JI-029,
RI-001,
RI-129,
RI-249,
|
|
|
Due Process in Discipline Proceedings
|
Advocate present during deliberations
|
State Bar Grievance Adm'R v. Beck,
400 Mich 40 (1977),
|
|
|
Bias in connection between prosecuting agency and hearing panel
|
Matter of Mikesell,
396 Mich 517 (1976),
In Re Smeekens,
396 Mich 719 (1976),
State Bar Grievance Adm'R v. Baun,
395 Mich 28 (1975),
Withrow v. Larkin,
421 US 35,
95 S Ct 1456,
43 L Ed 2d 712 (1975),
|
|
|
Delay in issuing decision
|
State Bar Grievance Adm'R v. Donigan,
403 Mich 172 (1978),
|
|
|
Delay in scheduling hearing
|
State Bar v. Albert,
390 Mich 234 (1973),
|
|
|
Dismissal when court evenly divided
|
Matter of Szymanski,
400 Mich 469 (1977),
|
|
|
Reasons for discipline must be stated
|
State Bar Grievance Adm'R v. Williams,
394 Mich 5 (1975),
|
|
|
Civil verdict, effect on discipline proceedings arising from same facts
|
In The Matter of Bessman,
401 Mich 45 (1977),
|
|
|
Criminal verdict, effect on discipline proceedings
|
Matter of Gillis,
402 Mich 286 (1978),
|
|
|
Discipline proceedings not moot when judge respondent not re-elected
|
In The Matter of Probert,
411 Mich 210 (1981),
|
|
|
Double jeopardy inapplicable
|
In The Matter of Probert,
411 Mich 210 (1981),
Matter of Jenkins,
437 Mich 15 (1991),
People v. Artman,
218 Mich App 236 (1996),
|
|
|
Effect of failure to win reelection on pending proceedings
|
In The Matter of Probert,
411 Mich 210 (1981),
In Re Bayles,
427 Mich 1201 (1986),
|
|
|
Effect of lawyer discipline on sitting judge
|
In Re Moes,
389 Mich 258 (1973),
In Re Kapcia,
389 Mich 306 (1973),
|
|
|
Effect of suspension of law license on sitting judge
|
Leitman v. State Bar Grievance Bd.,
387 Mich 596 (1972),
|
|
|
Exhaustion of criminal appeals before imposition of discipline
|
State Bar Grievance Adm'R v. Sauer,
390 Mich 449 (1973),
|
|
|
Res judicata, prior civil action
|
In The Matter of Bessman,
401 Mich 45 (1977),
|
|
|
Res judicata, prior criminal action
|
Matter of Gillis,
402 Mich 286 (1978),
|
|
|
Res judicata, prior Judicial Tenure Commission proceeding
|
Matter of Del Rio,
407 Mich 336 (1979),
|
|
|
Self-incrimination Spevak v. Klein, 385 US 511 (1967)
|
State Bar of Mi v. Block,
383 Mich 384 (1970),
In Re Woll,
387 Mich 154 (1972),
Sternberg v. State Bar,
384 Mich 588 (1971),
|
|
|
Collateral review of arguments in criminal appeal
|
Matter of Gillis,
402 Mich 286 (1978),
|
|
|
Comparing discipline imposed in other cases
|
In The Matter of Grimes,
414 Mich 483 (1982),
Matter of Del Rio,
407 Mich 336 (1979),
|
|
|
Cross-examination of witnesses
|
State Bar v. Murphy,
387 Mich 632 (1972),
|
|
|
Discovery by respondent
|
Matter of Mikesell,
396 Mich 517 (1976),
|
|
|
Exculpatory evidence held by discipline agency
|
Grievance Adm'R v. Attorney Discipline Bd.,
No 97692 Mi Sup Ct (2/19/1994),
|
|
|
Failure to obtain documents or witness list requested from prosecutor
|
State Bar Grievance Adm'R v. Roth,
400 Mich 484 (1977),
|
|
|
Inference drawn from exercise of right against self-incrimination
|
In Re Woll,
387 Mich 154 (1972),
|
|
|
Nolo contendere plea, effect on discipline
|
In Re Lewis,
389 Mich 668 (1973),
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
|
|
|
Prior charges or prior discipline referenced in complaint
|
In The Matter of Daggs,
411 Mich 304 (1981),
|
|
|
Standard of proof, preponderance Matter of Loyd, 424 Mich 514 (1986)
|
Matter of Jenkins,
437 Mich 15 (1991),
State Bar Grievance Adm'R v. Posler,
390 Mich 581 (1973),
|
|
|
Characterization of judicial discipline proceedings
|
Matter of Mikesell,
396 Mich 517 (1976),
|
|
|
Characterization of lawyer discipline proceedings
|
State Bar Grievance Adm'R v. Woll,
401 Mich 155 (1977),
|
|
|
Purpose of discipline proceedings
|
State Bar Grievance Adm'R v. Trombly,
398 Mich 377 (1976),
|
|
|
Answer, opportunity to amend
|
In The Matter of Crane,
400 Mich 484 (1977),
State Bar Grievance Adm'R v. Kopp,
402 Mich 74 (1977),
|
|
|
Discipline may be imposed only on counts charged in complaint
|
In The Matter of Mcwhorter,
407 Mich 278 (1979),
State Bar Grievance Adm'R v. Corace,
390 Mich 419 (1973),
|
|
|
Notice of charges
|
In Re Ruffalo,
390 US 544 (1968),
State Bar Grievance Adm'R v. Corace,
390 Mich 419 (1973),
State Bar Grievance Adm'R v. Fried,
388 Mich 711 (1972),
State Bar Grievance Adm'R v. Jackson,
390 Mich 147 (1973),
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
State Bar Grievance Adm'R v. Roth,
400 Mich 484 (1977),
|
|
|
Authority of Supreme Court to regulate bar
|
438 Mich 296 (1991),
Grievance Adm'r v. August,
|
|
|
Comparing discipline imposed in other cases
|
In The Matter of Grimes,
414 Mich 483 (1982),
Matter of Del Rio,
407 Mich 336 (1979),
|
|
|
Complainant's right to hearing on dismissal of complaint
|
Leitman v. State Bar Grievance Bd.,
387 Mich 596 (1972),
|
|
|
Facts reviewed de novo in judicial discipline proceedings
|
In Re Somers,
384 Mich 320 (1971),
Matter of Jenkins,
437 Mich 15 (1991),
|
|
|
Errors of fact in panel ruling
|
State Bar Grievance Adm'R v. Beck,
400 Mich 40 (1977),
|
|
|
Factors for increasing recommended discipline
|
402 Mich 501 (1978),
State Bar Grievance Adm'R v. Williams,
394 Mich 5 (1975),
Grievance Adm'r v. Ruebelman,
|
|
|
Factors for reducing recommended discipline
|
In The Matter of Daggs,
411 Mich 304 (1981),
State Bar Grievance Adm'R v. Estes,
390 Mich 585 (1973),
State Bar Grievance Adm'R v. Roth,
400 Mich 484 (1977),
|
|
|
Increasing discipline recommended by board
|
Grievance Adm'R v. Hatchett,
440 Mich 1210 (1992),
|
|
|
Reasons for discipline must be stated in order
|
State Bar Grievance Adm'R v. Williams,
394 Mich 5 (1975),
|
|
|
Rehearing based on new evidence
|
In The Matter of Daggs,
411 Mich 304 (1981),
|
|
|
Reopening final orders
|
State Bar Grievance Adm'R v. Lane,
406 Mich 638 (1979),
|
|
|
Right to Supreme Court review
|
Tucker v. Michigan Attorney Discipline Bd.,
|
|
|
Sanction term defined by occurrence of event
|
402 Mich 501 (1978),
Grievance Adm'r v. Ruebelman,
|
|
|
Standard of review
|
State Bar Grievance Adm'R v. Estes,
390 Mich 585 (1973),
|
|
|
Duties of Office
|
Administrative hearing officer negotiating employment with firm of party
|
RI-011,
|
|
|
Appointing counsel for criminal defendant
|
C-210,
|
|
|
Commissioner/lawyer handling private practice
|
R-015,
|
|
|
Failing to keep accurate record of proceeding
|
In Re Heideman,
387 Mich 630 (1972),
|
|
|
Presiding over appeals from court handling unrelated personal matter
|
JI-043,
|
|
|
Preventing unauthorized practice
|
JI-026,
|
|
|
Sentencing practices involving designated charities
|
JI-048,
JI-055,
JI-064,
|
|
|
Sentencing practices involving judicial campaigns
|
JI-107,
|
|
|