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 Some of the listed ethics opinions, though not expressly superseded in subsequent ethics opinions, may be nonetheless outmoded or no longer sound due to subsequent changes in case law, statutes, or court rules.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

Winding Up Law Practice

Withdrawal

Witnesses

Winding Up Law Practice

client's choice of counsel

Closing a law office

  •  71 MBJ 1056 (Oct 1992),

Death or disability of lawyer

  •  78 MBJ 1158 (Oct 1999),

Divestiture of outside activities by new judge

  •  75 MBJ 1071 (Oct 1996),

Duty when becoming a judge

  •  J-002,
  •   JI-089,
  •   A/O 3,
  •   75 MBJ 1071 (Oct 1996),
  •   In The Matter of Ryman,
  •   394 Mich 637 (1975),

Fees for legal work prior to judgeship

  •  A/O 48,

File disposition

Library sharing

Successful judicial candidate

New judge selling practice

Withdrawal

Advance agreement to withdrawal in event of future conflict

Charging fees for withdrawal

Client files grievance

Conflict of interest with current client

Consolidation of conflicting cases on appeal

Continued representation despite good cause for withdrawal

Court appointed client

Discharge

  •  74 MBJ 822 (Aug 1995),

Discretion of tribunal

Discovery of impermissible conflict

Dispute among clients on acceptance of mediation award

Fixed fees

Grievance filed by current client

Medical provider creditor in billing dispute with client inhibits settlement

Multiple clients with opposing interests

Multiple clients, withdrawal from all clients when conflict arises

Next friend, when sued by ward

Nonrefundable retainers

Payment of costs as condition of withdrawal

Refusal to sign settlement reached between parties

Representing client against spouse of former client, conflict

Request of client

Screening does not cure conflict with current client

Stipulation when client does not pay fee

Timing of withdrawal when conflict discovered

For-profit matching services

Witnesses

Cross-examination of client for unrelated matter

Perjured testimony of client

Representing client who was witness in former client's proceeding

client's financial arrangement with witness

Compensation for testimony

County attorney advising sheriff, testifying as to incident when another county attorney is advocate

Cross-examination of client for unrelated matter

Employee of lawyer testifying in will contest

Insurance adjuster, bias from prosecutor because of spouse's insurance claim

Lawyer as member of client board

Member of organization on which judge sits

Perjured testimony of client

Police officers as adverse witnesses, supervisory control over

Police officers as adverse witnesses, counsel for union

Payment for testimony

Private arrangement for compensation

Prosecutor's employee as witness in criminal case

Probation officer testifying as police officer

Representing bargaining unit in salary negotiations when members are adverse witnesses in unrelated case

Representing client who was witness in former client's proceeding

Sheriff testifying before judge with shared business interest

spouse's employer testifying before judge

Tailoring testimony in exchange for compensation

Clerical employees of potential party

Former corporate employees

Investigating validity of claim

Nonmanagerial corporate employees

Organizational employees

Subpoena to nonparty

  •  74 MBJ 564 (Jun 1995),

Employee of lawyer testifying in will contest

Lawyer as member of client board

Police officers as adverse witnesses, supervisory control over

Member of Prosecutor's office called in criminal case

Lawyer-witness adverse to firm client

Medical expert paid on percentage basis

Character reference for criminal defendant

Disqualification when judicial colleague is witness

Present in courtroom as moral support for party

Propriety of calling incumbent judge as witness before colleague

Privileged information concerning former client

Subpoena for client information

Subpoena for judicial witness

Testimony from judge

Adverse to firm's client

Advocate at alternate dispute resolution proceeding

Advocate at trial

Agreement for substitute counsel if lawyer is witness

Complaining witness in criminal case contacted by defense attorney

Consistent with interests of client

Compensation for testimony

County attorney testifying regarding conduct of sheriff's office when another county attorney serves as advocate

Defense attorney contacting complaining witness

Discharge suit where lawyer served on board of defendant organization

Disqualification of advocate

  •  68 MBJ 118 (Feb 1989),

Disqualification of firm

Fee charged for lawyer to submit to deposition

Lawyer as member of client board

Lawyer threatened to be called as witness

"Necessary" testimony by advocate

Post-nuptial agreement dispute, lawyer as witness

Pretrial participation when lawyer is witness

Privileged information

  •  69 MBJ 551 (Jun 1990),

Prosecutor as advisory deputy sheriff

Prosecutor as character witness in criminal case

Prosecutor not allowing complaining witness to talk with defense attorney

Referral fee when lawyer is witness

Referring lawyer is witness for client

Substitute counsel when lawyer is witness

Testifying regarding fees; disqualification of firm

Will contest where lawyer drafted will

Guardian ad litem related to employee of youth home

Guardian ad litem related to Prosecutor's investigator

Judge present in courtroom as moral support for party relative

Spouse's employer testifying before judge