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 Some of the listed ethics opinions, though not expressly superseded in subsequent ethics opinions, may be nonetheless outmoded or no longer sound due to subsequent changes in case law, statutes, or court rules.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

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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.

Abuse of Judicial Office

Administration of Justice, Conduct Prejudicial to

Administrative Agency Practice

Administrative Duties of Judicial Officers

Administrative Hearing Officer

Admission to the Bar

Advancing Funds to Client

Adverse Parties

Advertising

Advice to Client

Advice to Third Person

Alcohol Abuse

Alternate Dispute Resolution

Ancillary Services

Appeals

Appearance of Impropriety

Appointments

Arbitration

Association With Nonlawyer

Attorney-Client Privilege

Attorney-Client Relationship

Abuse of Judicial Office

Abuse of contempt power

  •  Matter of Hague,
  •   412 Mich 532 (1982),
  •   In Re Seitz,
  •   441 Mich 590 (1993),

Advancing business interests of others

Advancing personal interests of others

Family relationships influencing judicial judgment

  •  Matter of Tschirhart,
  •   420 Mich 1201 (1984),

Humiliating Chief Judge Pro Tem and other court personnel

  •  In Re Seitz,
  •   441 Mich 590 (1993),

Improper termination of public defender contract

  •  Matter of Bennett,
  •   403 Mich 178 (1978),

Jury records used for judges election mailings

Perpetual recusal due to animosity toward advocate

Vulgar and discourteous behavior while serving as judge

  •  Matter of Frankel,
  •   414 Mich 1109 (1982) in Re Seitz,
  •   441 Mich 590 (1993),

Administration of Justice, Conduct Prejudicial to

Abuse of contempt power

  •  Matter of Hague,
  •   412 Mich 532 (1982),
  •   In Re Seitz,
  •   441 Mich 590 (1993),

Accepting and soliciting bribes

  •  Matter of Jenkins,
  •   437 Mich 15 (1991),

Disobeying orders of higher court

  •  Matter of Hague,
  •   412 Mich 532 (1982),

Humiliating another judge and other court personnel

  •  In Re Seitz,
  •   441 Mich 590 (1993),

Improper disqualification of advocates

  •  Matter of Hague,
  •   412 Mich 532 (1982),

Irascibility and irrational behavior

  •  In Re Crowell,
  •   379 So2d 107 (Fla 1979),
  •   In Re Seitz,
  •   441 Mich 590 (1993),

Public comment by judge about arrest and acquittal

  •  Matter of Tschirhart,
  •   420 Mich 1201 (1984),

Recusal in order to negotiate employment

Unauthorized practice of law, duty to prevent

Administrative proceedings, lawyer's truthfulness concerning professional status

Agreement not to report misconduct

Appearance of collusion between parties

Contacts with presiding judge off the record

Copying presiding judge on substantive matters

Inconsistent testimony of client

Negotiating settlement with represented party

Pretrial discovery proceedings, lawyer's duty to reveal false nature of evidence

Rejecting court appointment

Substantive contacts with presiding judge off the record

Withdrawal as next friend when sued by ward

Judge consulting with other judges about pending case

Administrative Agency Practice

City attorney acting as hearing officer

Confidentiality of consultation under agency program

Contacting employees and former employees of opposing party in workers' compensation case

Duties of nonlawyer advocates

File data not in official record

Government program advocate

Interference with advocate's independent professional judgment

Judge representing or consulting for party

  •  A/O 10,

Lawyer appearing as nonlawyer representative of party

Lawyer's duties when employee legal assistant appears on behalf of parties

Lawyer's spouse elected to municipality

Lawyer's truthfulness as to professional status

Legal assistant appearing on behalf of party

Nonlawyer advocates held to lawyer ethics rules

Nonlawyer assistance to party

  •  C-239,
  •   RI-103,
  •   State Bar of Mi v. Galloway,
  •   124 Mich App 271 (1983),
  •   422 Mich 188 (1985),

Nonlawyer representative before agency

  •  C-239,
  •   RI-103,
  •   State Bar of Mi v. Galloway,
  •   124 Mich App 271 (1983),
  •   422 Mich 188 (1985),

Person appearing on behalf of party disclosing lawyer status

Prejudice to case when hearing officer exposed to data outside the official record

Administrative Duties of Judicial Officers

Administrative Hearing Officer

File data not in official record, effect on disqualification

Grievance filing necessitates recusal

"Issuing support order—subsequent representation"

Law practice by

Letterhead showing public office

"Matters" affecting ability to negotiate employment

Negotiating employment with firm which is a party before hearing officer

"Personal and substantial" participation in matter limits private practice

"Personal and substantial" participation in matter results in disqualification

Presiding in cases in which employee of law firm's client appear

  •  In Re Schlossberg v. State Bar Grievance Bd.,
  •   388 Mich 389 (1972),

Preventing unauthorized practice of law

Recusal when officer files grievance against lawyer

"Representing client—issued support order"

Tainted by access to data outside the record

Withdrawal from case to negotiate employment

Admission to the Bar

Character and fitness determinations

  •  75 MBJ 682 (Jul 1996),

Discipline imposed when admission misconduct discovered

  •  Matter of Del Rio,
  •   407 Mich 336 (1979),

Duty to report law student misconduct

False information submitted to admission authority

  •  Matter of Del Rio,
  •   407 Mich 336 (1979),

Imputed disqualification of hiring firm when transferring from nonlaw employment

Pro hac vice admission for a particular matter

  •  70 MBJ 1074 (Oct 1991),

Recertification

  •  Yashinsky v. Board of Law Exam'Rs,
  •   539 Nw2d 378 (1995),

Reporting law student activity

Representing bar applicants while serving on admissions committee

Unlicensed graduates

  •  71 MBJ 1061 (Oct 1992),

Out-of-state lawyer located in Michigan who has applied for a Michigan license and is practicing in jurisdiction where licensed

Temporary legal services

Advancing Funds to Client

Advancing client proceeds from operating account

Advancing court-imposed fines and costs

Agreement with venture capital company

Allocating attorney fees to class action clients

Attorney fees allocated to class action clients

By lawyers employed in legal service organizations

Charging lien

Departing lawyer's responsibility for

Disbursement from operating account to avoid trust account

Financing costs via loan

Fines and costs advanced by law

Indigent client

Living and medical expenses to indigent client

Loan from third-party vendor

Referring client to third-party lender

Security for court costs for indigent client

Venture capital company advancing funds

Adverse Parties

Client contact with opposing party

Complaining witness in criminal case contacted by defense attorneys

Contact with former corporate employees

Contact with lower level corporate employees

Contacting by letter with copy to lawyer

Copy of letter to lawyer

Counseling client to contact opposing party

Defense attorney contacting complaining witness

Duty to reveal assistance of pro se litigant without appearance is limited

Interviewing employees of corporate party

Judge presiding in unrelated matter in which party opponent appears as advocate

Lawyer as witness for

Prosecutor not allowing complaining witness to talk with defense attorneys

Public defender may ethically establish separate offices to represent defendants with adverse interests

Scope of corporation "party"

Settlement discussions between parties

Advertising

City employees displaying campaign signs

  •  A/O 57,

Criticism of sitting judges

Criticism of existing law

Discussing position on political or legal issues

Endorsement from sitting judge

Incumbency, inference when not fact

  •  A/O 51,
  •   A/O 104,

In political party ad book

Listing in non-approved directories

  •  C-209,

Literature at political candidate's event

Misleading campaign ad placing decision-making blame

Name recognition

Picture in robes when not incumbent

  •  A/O 51,

Placing advertisement in nonjudicial candidate's literature

  •  A/O 20,

Pledges in judicial campaign

Political candidate's literature at judicial candidate event

Political endorsement of judge's candidacy

Space donated in nonjudicial candidate's literature

  •  A/O 20,

Sponsorship of youth sports team

"Strict sentencing philosophy" slogan

Academic credentials

"Affiliation" must be defined for clarity

"Affordable" services

Ancillary services

Announcements sent to former firm's clients

  •  RI-049,
  •   76 MBJ 84 (Jan 1997),
  •   69 MBJ 154 (Feb 1990),

Areas of practice

Bankruptcy specialty designation

Booth outside co-sponsored seminar

Computer technology

Consultation charges

Coupons for legal services

Credentials of lawyers

Direct mail

Discounts for special services

Donation of fee for charitable service

Dual professions

Duty to review referral service marketing plan

Failure to remove lawyer listings from phone directory after discipline

  •  In The Matter of Freedman,
  •   406 Mich 256 (1979),

Fee information

Firm name as part of franchise

Firm name including historical building where firm located

Firm name including out-of-state lawyer

Firm name including retired shareholder

Firm name inferring multiple offices

Firm name, PLLC designation

Former judge status, description of

Free legal seminar

Group advertising plan

Internet use

"Law Offices" inferring more than one office

Lawyer communications regarding "specialties"

  •  70 MBJ 72 (Jan 1991),

Lawyer named “Super Lawyer” may advertise it

Lawyer Referral Service vs. advertising

lawyer's name not required in ad

Letter regarding lawyer's services in "newcomer" packets

Listing on out-of-state firm website for referrals as advertising

Marketing by independent contractor

Misleading ads

Misleading ads, inferring more than one lawyer

Name of lawyer in group ad

"No fee unless recovery"

"Of counsel" relationships

Office presence without staffing

Patent law practice

Prosecutor's appearance as public official in pro bonocase

Public official in law firm

Referral service participation

  •  70 MBJ 146 (Feb 1991),

"Specialties"

Status as former judge

SuperLawyer

Telephone directory listings after discipline imposed

  •  In The Matter of Freedman,
  •   406 Mich 256 (1979),

Television ads

Third party advertising lawyer's services as incentive to members

Trade name

Welcome Wagon participation

Unassociated lawyers

Advertising lawyer discount as incentive for membership

Ancillary services

Announcement of nonlawyer appraiser joining law firm

Appraiser employed at law firm

Chamber of Commerce advertising lawyer discount

Church advertising lawyer discount

Duty to review advertising

Lawyer discount used as membership incentive

Insurance customers

Recommending services of particular lawyer

Telephone listing separate from law firm prohibited

Domain Name

Advice to Client

Alternate dispute resolution options

Asking for appointment as personal representative

Discharge of lawyer

  •  74 MBJ 822 (Aug 1995),

Duties owed when assisting pro se litigant

Duty to advise of judicial candidacy

Duty to advise on ADR options

Initial consultation triggering disqualification

Lawyer fiduciary making legal decisions for ward

lawyer's nonlaw business agent

Legal services staff reduction

Limited by lawyer's contract with presiding court

Limited by third party payor of fee

"Living will" and health care directive information presented at seminar

Not to discuss litigation with adverse party

On advisability of arbitration clause in fee agreement

Pursuit of cause of action for minor

Representing client on unrelated matters when client is fugitive

Successor counsel's conduct

Advice to Third Person

Advising interested persons to seek independent counsel

Corporate employees not to discuss litigation

Duty to convey offer to resolve through

Negotiating settlement with opposing party

Parent consulted when representing minor child

Requesting employees not to discuss litigation

Alcohol Abuse

By judicial officer

  •  N Re Somers,
  •   384 Mich 320 (1971),
  •   In The Matter of Sobotka,
  •   421 Mich 1201 (1985),

Alternate Dispute Resolution

Adjudicators representing former parties in matter

Advising unrepresented party

Advocacy by adjudicator

Arbitrator is retired judge

Conciliation proceedings handled by judge

Conflicts of arbitrators

Disclosures to parties

Ex parte contacts with adjudicators

Judge participating

Judge serving on "Commission to Take Testimony"

  •  A/O 2,

Mediator drafting parties' agreement

Mediator subsequently representing party

Mediator subsequently serving as arbitrator in same matter

Party-nominated adjudicator

Retired judge serving as arbitrator

Duty to advise on ADR option

Duty to convey offer to resolve through ADR

Limiting liability of lawyer

Party represented by matter's former mediator

Testimony from

Withdrawal when clients dispute acceptance of mediation award

Calculation of mediation sanctions

  •  Bennett,
  •   et al v. Weitz et al (Dec 1996),
  •   73 MBJ 1085 (Oct 1994),

Coercing civil settlements

Decisions about settlement

Forcing settlement on disabled client

Mediation award, multiple clients

Multiple clients, accepting mediation award

Negotiating settlement of merits and attorney fee concurrently

Plea bargain, defense counsel duty to remind prosecutor

Settlement offers, client decision on

Independent of law practice

Materially limiting service to law clients

Nonlaw business owned by lawyer

Servicing clients of lawyer/owner

Servicing clients of opponents of lawyer/owner

Waiver of liability clause

Eligibility of adjudicators

Ex parte contacts with adjudicators

Record retention of arbitrator not governed by ethics rules

Advocacy by adjudicator

Disclosures of adjudicator outside interest

Duty to convey offer to resolve through ADR

Ex parte contacts with adjudicators

Recordkeeping

Agreement requiring client/lawyer dispute arbitration

Agreement requiring fee arbitration

Arbitration of attorney fees

Duty to advise on ADR options

Fee arbitration as condition of representation

Fees, negotiating as part of settlement

Independent advice on accepting arbitration clause

Limiting advice to specific settlement proposal

Requirement in attorney/client fee agreement

Statutory attorney fees

Client/lawyer disputes

Fees

Environmental law class action matter

Arbitration clause in fee agreement

Ancillary Services

Advertising

Alternate dispute resolution services

Confidentiality of communications from users of law firm nonlaw services

Consulting arrangement with nonlawyer tax appeals expert

Document preparation service

Financial services

Insurance sales

Lobbyist employee of law firm

Psychology and law practice

Telephone listing separate from law firm

Title insurance business

Appeals

Charging For

Client refuses to pay for appeal or accept settlement, seeking protective order for client

Client's untruthful trial testimony

Consolidation of conflicting cases on appeal

Continuing representation—now employed by Prosecutor's office

Criminal representation—lawyer now at Prosecutor's office

Disclosure of Client's fraudulent acts to retrial counsel

Duty to take appeal when agreement silent

Appearance of Impropriety

Advancing business interests of particular company

  •  A/O 47,

Appearance by judge's personal lawyer in unrelated matter

Bias in assignment of indigent cases

  •  Matter of Lawrence,
  •   417 Mich 248 (1983),

Campaign contributions, unusually large

Character reference from judge

Disqualification of part-time domestic relations referee

Disqualification of judge—firm purchasing judge's former practice

Disqualification of judge when cohabiting with or dating advocate or party

Disqualification of judge for personal acquaintance with advocate or party

Disqualification of judge who was former prosecutor

  •  People v. Hampton,
  •   184 Mich App 434 (1990),

Favoritism by judge in remitting bail bond money

  •  In The Matter of Laster,
  •   404 Mich 449 (1979),

Financial interest between presiding judge and advocate

Free legal services, judge accepting

  •  Matter of Lawrence,
  •   417 Mich 248 (1983),

Investment club membership by judge

Judge as host of commercially-sponsored program

Judge as member of honorary committee on behalf of charitable organization

Judge as member of investment club with lawyers

Judge as officer, director, trustee, or nonlegal advisor of charitable or non-profit organization

Judge attending political party fundraiser

Judge encouraging pro bono activities

Judge participating in grant approval as a member, officer, or director of an organization or governmental agency devoted to improvement of the law

Judge participating in "lockup for charity"

Judge present in courtroom as moral support for party

Judge presiding over case with judicial opponent representing a party

Judge serving as moderator at debate

Judge setting "bail for charity"

Law firm buying judge's former practice appearing before judge

Lawyer who could be called as witness

Lawyers asked to participate in pro bono activities

Leasing space to lawyers, judge as landlord

Liquor license, interest held by judge

  •  Matter of Lawrence,
  •   417 Mich 248 (1983),

Negotiating employment with advocate's firm

Part-time referee engaging in law practice

Part-time referee hearing matters presented by former law firm

"Perpetual recusal" of judge for personal dislike of advocate

Personal acquaintance of judge requiring disqualification

Political party inviting judge to attend dinner

Pro bono solicitation by judge

Potential of lawyer as witness

Presiding over matters presented by appointee

Referee who also practices law before own court

Referrals to organization of which judge is board member

Representing client—issued support order as magistrate

Solicitation of funds by judge for charity

Soliciting pro bono participation

Spouse of judge is assistant prosecutor

Spouse of judge leasing space to lawyers

Spouse of judge preparing income tax returns for others in judge's former office

  •  A/O 5,

Under the influence of alcohol on the bench

  •  In Re Somers,
  •   384 Mich 320 (1971),

Unusually large campaign contributions

Using office to benefit friends

  •  Matter of Del Rio,
  •   400 Mich 665 (1977),

Vulgar and obscene language used by judge

  •  Matter of Bennett,
  •   403 Mich 178 (1978),

Appointments

Commissioner representing indigent defendants in courts within budget control

Contract for defense services

Contract for public guardian or conservator

County establishing two public defender offices

Court appointments of lawyer/tenants of judge

  •  A/O 40,

Court appointment of former prosecutor for defense services

Defense contract bid by former prosecutor

Guardian ad litem related to public employees

Guardian ad litem subsequent representation in matter

Public defender-county establishing two groups

Recommendation to governor on judicial appointment

  •  A/O 55,

Rejecting court appointment to represent client

Relatives of guardian ad litem in justice system

Withdrawing from court appointed case

Arbitration

Retainer or advance payments for ADR services

Association With Nonlawyer

Attorney-Client Privilege

Access to computer records by technical support personnel

Accounts receivable of law firm for bank loan

By corporate employees to corporate counsel

Client behavior

Client fee information

Client identity

Client location

Computer-stored information access by technical support

Corporate employee home addresses

Death of client, survival of privilege

  •  77 MBJ 1222 (Nov 1998),

Disclosure of client information to credit reporting agency

Disclosure of client information to legal services corporation

Disclosure of information to regulatory authorities

Disclosure to successor counsel of Client's fraudulent acts

Duty to rectify suspected client perjury

Employee home addresses

Fee information

False pleadings prepared from client information

Former client information

Fraud or illegal act

Guardian ad litem report to court

Identity of former client

Illegal act of client

Illegal act of former client

Inaccurate, truthful testimony of client

Inadvertent disclosure

  •  75 MBJ 418 (May 1996),

Inconsistent testimony of client

Information in settlement negotiations

In house counsel giving recommendations to CEO

Legal services corporation-disclosing client information

Misconduct by lawyer, duty to report

Misconduct of lawyer obtained in client relationship

Observations of client conduct

Perjury of client

Perjury, suspicion insufficient for disclosure

Preparing written guardian ad litem report to court

Privileged information concerning former client

Privileged information concerning lawyer misconduct

Reporting client information to legal services corporation

Reporting lawyer misconduct

Reporting to court on representation as guardian ad litem

Security interest in firm's accounts receivable

Subordinate lawyer disclosing information to supervising lawyer

Supervising lawyer who is subject to review by subordinate lawyer

Survival of privilege after death of client

  •  77 MBJ 1222 (Nov 1998),

Suspicion of client perjury insufficient

Suspicion of client fraud insufficient

Technical support personnel access to computer records

Title defects when drafting quitclaim deeds

Truthful, inaccurate testimony of client

Volunteering information about former client

Wrongful discharge suit, lawyer employee

  •  74 MBJ 54 (Jan 1995),

Corporate employees and inside counsel

Death of client, survival of privilege

  •  77 MBJ 1222 (Nov 1998),

Deposition response

Effect of discharge of lawyer on client perjury

Firm of transferring lawyer, duty to protect

Initial interview conducted by nonlawyer employee

Judge asked for privileged information concerning former client

Rectifying client misconduct

Services used in furtherance of client illegal act

Subpoena for client information

Survival of privilege after death of client

  •  77 MBJ 1222 (Nov 1998),

Transferring lawyer's duty to protect

Waiver to defend lawyer in grievance proceedings

Attorney-Client Relationship

Accepting fee but not performing services

Appeal included in agreement to represent at trial

Appointment as personal representative when preparing will

Assisting pro se litigant by unbundling legal services

Charging fees for withdrawal

Charging fees to answer grievance from debtor

Client agreeing to pay lawyer's malpractice premium

Client naming lawyer drafting will as personal representative

Contingency fee—re-negotiating with client

Contingent fee—sharing with health care provider

Corporate entity as "client"

County as client of prosecuting attorney/county corporation counsel

Court-appointed receiver charging to defend grievance

Created by activities of legal assistant

Created at initial conference

Divorce consultation triggering disqualification

Drafting documents without direct client contact

Drafting lawyer named as personal representative without bond

Employee legal assistant providing assistance in administrative agency proceedings

Established to raise privilege

Failure to personally contact client

Fees paid by third party

File is property of lawyer

Group legal services plan

Inadvertent disclosure

  •  75 MBJ 418 (May 1996),

Independent judgment—fees paid by third party

Initial consultation triggering disqualification

Insurer retaining lawyer for insured

Insurance benefits of client shared with nonlawyer

Law firm "leasing" lawyer employees

Lawyer representing insured may receive fixed fee

"Leased" lawyers working for law firm

Legal services agency conducting pro se clinic

Limited by conditions imposed by payor of attorney fee

Limiting liability in retainer agreement

Minor child as client

Negotiating settlement with represented party

No-fault representation, duties to medical providers

Ownership of representation file

Personal representative of estate as "client"

Personal representative retaining lawyer for wrongful death action

Probate court-appointed lawyers

Pro se clinic conducted by legal services agency

Prospective Client's case not undertaken

Receiver charging fees to defend grievance

Recording conversations with client

Reduced billing for limiting liability of lawyer

Re-negotiating contingency fee agreement

Scope of corporation "party"

Secretly recording conversations

Self help clinics conducted by legal services agency

Temporary lawyers working for law firm

Termination of a fixed fee arrangement

Testifying concerning Client's fees

Trust kit sales

Unbundling legal services

Using door-to-door salespeople as agents

Using employee as intermediary