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This Index includes:
All ethics opinions released from October 2, 1988, through March 2010
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 Some of the listed ethics opinions, though not expressly superseded in subsequent ethics opinions, may be nonetheless outmoded or no longer sound due to subsequent changes in case law, statutes, or court rules.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 Michigan Code of Professional Responsibility |
| "CI" |
Informal ethics opinions interpreting the 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
Click here to use the "quick find" by opinion number or to search the full text of our ethics opinion collection.
Index Headings
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
Bankruptcy
Bias
Boards
Business interests
Business representation
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
Decision-making authority of client
Depositions
Disability
Discharge of lawyer by client
Discipline, judicial
Discipline, lawyer
Discipline proceedings
Discovery
"Disinterested lawyer" standard
Disposition of judicial campaign funds
Disqualification, judicial
Disqualification, lawyer
Divestiture
Division of fees
Domestic relations matters
Dual practice
Due process in discipline proceedings
Duties of office
Elections
Employees
Employment
Environmental practice
Ethics committee
Ethics rules
Ex parte contacts
Expenses
Extrajudicial activities
Extrajudicial communications
Federal practice
Fees
Fee splitting
Files of client
Financial interests
Firm name
Forgery
Former client
Forwarding business
Former law firm
Fraud |
Frivolous suits
Gifts
Government agency
Government lawyer
Guardianship
Identity of client
Impropriety
Imputed disqualification
Independent professional judgment
Indigent persons
Inside counsel
Insurance
Insurance representation
Interest, bank
Intermediary
Internet
Investigation
Judicial officer
Jury
Labor/employment law
Law clerks
Law firm
Lawyer-client relationship
Lawyer referral services
Legal assistant
Legal directories
Legal services
Legal services organizations
Letterhead
Licenses
Liens
Limiting liability to client
Magistrates
Malpractice
Mediation
Medical records
Merger of law firms
Misconduct, client
Misconduct, judicial officer
Misconduct, lawyer
Missing clients
Missing lawyers
Multiple representation
Multi-jurisdictional practice
Negotiation
Nonlawyers
Nonpayment of fees
"Of counsel"
Office sharing
Opposing counsel
Paralegals
Part-time practice
Patent/trademark
Perjury
"Personal and substantial" participation
Personal relationships
Personal representative
Political activity
Practice of law
Prestige of judicial office
Privileged communication
Probate and estate practice
Prosecutors
Publications
Public corporation law
Public defender
Public official
Real property law
Record retention
Recusal
Referees
References
Referral fees
Referrals
Reinstatement & Readmission
Release
Remittal of disqualification
Reporting duties
Retainer agreements
Retired judge
Safekeeping client property
Screening
Scope of representation
Secrets
Seminars
Sentencing
Settlements
Small claims
Solicitation
Spouses
Statements of position
Statutes of limitation
Subpoena
"Substantially related" representation
Supervisory duties
Suspension
Taxation matters
Termination of law practice
Termination of lawyer-client relationship
Testimony
Threats
Trade name
Trial practice
Trust accounts
Trusts
Unauthorized practice of law
Winding up law practice
Withdrawal
Witnesses |
INDEX
Abuse of Judicial Office
See also Misconduct
back to list
| Abuse of contempt power |
Matter of Hague, 412 Mich 532 (1982), In re Seitz, 441 Mich 590 (1993) |
| Advancing business interests of others |
JI-48, JI-52, JI-55, JI-64, JI-65, A/O 47, A/O 97 |
| Advancing personal interests of others |
JI-15, JI-41, JI-47 |
| 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 judge's election mailings |
JI-104 |
| Perpetual recusal due to animosity toward advocate |
JI-44 |
| 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
See also Appearance of Impropriety
See also Bias
back to list
—Judicial Conduct
| 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 |
RI-11 |
| Unauthorized practice of law, duty to prevent |
JI-26 |
—Lawyer Conduct
| Administrative proceedings, lawyer's truthfulness concerning professional status |
RI-55, RI-283 |
| Agreement not to report misconduct |
RI-88, RI-220, RI-232 |
| Appearance of collusion between parties |
RI-66 |
| Contacts with presiding judge off the record |
RI-243 |
| Copying presiding judge on substantive matters |
RI-243 |
| Inconsistent testimony of client |
RI-33 |
| Negotiating settlement with represented party |
RI-145 |
| Pretrial discovery proceedings, lawyer's duty to reveal false nature of evidence |
RI-56 |
| Rejecting court appointment |
C-210 |
| Substantive contacts with presiding judge off the record |
RI-243 |
| Withdrawal as next friend when sued by ward |
RI-170 |
Administrative Agency Practice
See also Administrative Hearing Officer
back to list
| City attorney acting as hearing officer |
RI-129 |
| Confidentiality of consultation under agency program |
RI-103 |
| Contacting employees and former employees of opposing party in workers' compensation case |
RI-120 |
| Duties of nonlawyer advocates |
RI-103 |
| File data not in official record |
RI-166 |
| Government program advocate |
RI-103 |
| Interference with advocate's independent professional judgment |
RI-103 |
| Judge representing or consulting for party |
A/O 10 |
| Lawyer appearing as nonlawyer representative of party |
RI-55 |
| Lawyer's duties when employee legal assistant appears on behalf of parties |
RI-125 |
| Lawyer's spouse elected to municipality |
RI-289 |
| Lawyer's truthfulness as to professional status |
RI-55 |
| Legal assistant appearing on behalf of party |
RI-125 |
| Nonlawyer advocates held to lawyer ethics rules |
RI-103 |
| 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 |
RI-55 |
| Prejudice to case when hearing officer exposed to data outside the official record |
RI-166 |
Administrative Duties of Judicial Officers
Supervisory Duties
back to list
Administrative Hearing Officer
| File data not in official record, effect on disqualification |
RI-166 |
| Grievance filing necessitates recusal |
JI-123 |
| "Issuing support order—subsequent representation" |
RI-288 |
| Law practice by |
RI-110, RI-129 |
| Letterhead showing public office |
RI-129 |
| "Matters" affecting ability to negotiate employment |
RI-11 |
| Negotiating employment with firm which is a party before hearing officer |
RI-11 |
| "Personal and substantial" participation in matter limits private practice |
RI-11 |
| "Personal and substantial" participation in matter results in disqualification |
RI-11 |
| 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 |
C-239 |
| Recusal when officer files grievance against lawyer |
JI-123 |
| "Representing client—issued support order" |
RI-288 |
| Tainted by access to data outside the record |
RI-166 |
| Withdrawal from case to negotiate employment |
RI-11 |
Admission to the Bar
State Bar Membership Services offers a compilation of materials on this subject.
See also Unauthorized Practice of Law
back to list
| 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 |
RI-29 |
| False information submitted to admission authority |
Matter of Del Rio, 407 Mich 336 (1979) |
| Imputed disqualification of hiring firm when transferring from nonlaw employment |
RI-285 |
| 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 |
RI-29 |
| Representing bar applicants while serving on admissions committee |
RI-194 |
| Unlicensed graduates |
71 MBJ 1061 (Oct 1992) |
Advancing Funds to Client
| Advancing client proceeds from operating account |
RI-189 |
| Advancing court-imposed fines and costs |
RI-333 |
| Agreement with venture capital company |
RI-321 |
| Allocating attorney fees to class action clients |
RI-324 |
| Attorney fees allocated to class action clients |
RI-324 |
| By lawyers employed in legal service organizations |
RI-14 |
| Charging lien |
RI-86 |
| Departing lawyer's responsibility for |
RI-86 |
| Disbursement from operating account to avoid trust account |
RI-189 |
| Financing costs via loan |
RI-336 |
| Fines and costs advanced by law |
RI-333 |
| Indigent client |
RI-14 |
| Living and medical expenses to indigent client |
RI-14 |
| Loan from third-party vendor |
RI-336 |
| Referring client to third-party lender |
RI-356 |
| Security for court costs for indigent client |
RI-91 |
| Venture capital company advancing funds |
RI-321 |
Adverse Parties
See also Contact with Represented Persons
See also
Discovery
back to list
| Client contact with opposing party |
RI-171 |
| Complaining witness in criminal case contacted by defense attorneys |
RI-302 |
| Contact with former corporate employees |
R-2, RI-120 |
| Contact with lower level corporate employees |
R-2, RI-120 |
| Contacting by letter with copy to lawyer |
RI-322 |
| Copy of letter to lawyer |
RI-322 |
| Counseling client to contact opposing party |
RI-171 |
| Defense attorney contacting complaining witness |
RI-302 |
| Duty to reveal assistance of pro se litigant without appearance is limited |
RI-347 |
| Interviewing employees of corporate party |
R-2 |
| Judge presiding in unrelated matter in which party opponent appears as advocate |
R-15 |
| Lawyer as witness for |
RI-21 |
| Prosecutor not allowing complaining witness to talk with defense attorneys |
RI-302 |
| Public defender may ethically establish separate offices to represent defendants with adverse interests |
RI-334 |
| Scope of corporation "party" |
R-2 |
| Settlement discussions between parties |
RI-171 |
Advertising
See also Business Interests
See also Dual Practice
See also Firm Name
See also Letterhead
See also Solicitation
See also Trade Name
back to list
—Judicial Campaigns
| City employees displaying campaign signs |
A/O 57 |
| Criticism of sitting judges |
C-219, JI-4 |
| Criticism of existing law |
C-227 |
| Discussing position on political or legal issues |
JI-131 |
| Endorsement from sitting judge |
JI-95 |
| Incumbency, inference when not fact |
A/O 51, A/O 104 |
| In political party ad book |
JI-36 |
| Listing in non-approved directories |
C-209 |
| Literature at political candidate's event |
JI-93 |
| Misleading campaign ad placing decision-making blame |
JI-4 |
| Name recognition |
JI-74 |
| Picture in robes when not incumbent |
A/O 51 |
| Placing advertisement in nonjudicial candidate's literature |
A/O 20 |
| Pledges in judicial campaign |
JI-131 |
| Political candidate's literature at judicial candidate event |
JI-93 |
| Political endorsement of judge's candidacy |
JI-11 |
| Space donated in nonjudicial candidate's literature |
A/O 20 |
| Sponsorship of youth sports team |
JI-58 |
| "Strict sentencing philosophy" slogan |
C-219 |
—Lawyer
| Academic credentials |
RI-212 |
| "Affiliation" must be defined for clarity |
RI-200 |
| "Affordable" services |
RI-244 |
| Ancillary services |
RI-105, RI-135 |
| Announcements sent to former firm's clients |
RI-49, 76 MBJ 84 (Jan 1997), 69 MBJ 154 (Feb 1990) |
| Areas of practice |
C-232, R-18, RI-142, 70 MBJ 72 (Jan 1991) |
| Bankruptcy specialty designation |
RI-142 |
| Booth outside co-sponsored seminar |
RI-99 |
| Computer technology |
RI-276 |
| Consultation charges |
RI-244 |
| Credentials of lawyers |
R-18 |
| Direct mail |
C-218 |
| Discounts for special services |
RI-164, RI-229 |
| Donation of fee for charitable service |
RI-163 |
| Dual professions |
RI-212 |
| Duty to review referral service marketing plan |
R-6, R-8, RI-7, RI-24, RI-31 |
| Failure to remove lawyer listings from phone directory after discipline |
In the Matter of Freedman, 406 Mich 256 (1979) |
| Fee information |
RI-244 |
| Firm name as part of franchise |
RI-130 |
| Firm name including historical building where firm located |
RI-173 |
| Firm name including out-of-state lawyer |
RI-144 |
| Firm name including retired shareholder |
RI-90 |
| Firm name inferring multiple offices |
RI-246 |
| Firm name, PLLC designation |
R-17 |
| Free legal seminar |
RI-81 |
| Group advertising plan |
R-18, RI-9, RI-200 |
| Internet use |
RI-276 |
| "Law Offices" inferring more than one office |
RI-246 |
| Lawyer communications regarding "specialties" |
70 MBJ 72 (Jan 1991) |
| Lawyer named “Super Lawyer” may advertise it |
RI-341 |
| Lawyer Referral Service vs. advertising |
RI-340 |
| Lawyer's name not required in ad |
RI-221 |
| Letter regarding lawyer's services in "newcomer" packets |
RI-169 |
| Listing on out-of-state firm website for referrals as advertising |
RI-340 |
| Marketing by independent contractor |
R-6, R-8, R-18, RI-9 |
| Misleading ads |
R-18, RI-9, RI-221, RI-246 |
| Misleading ads, inferring more than one lawyer |
RI-221, RI-246 |
| Name of lawyer in group ad |
RI-9 |
| "No fee unless recovery" |
C-238, RI-9 |
| "Of counsel" relationships |
RI-102, RI-236, A/O 80 |
| Office presence without staffing |
RI-246 |
| Patent law practice |
RI-144, RI-167 |
| Prosecutor's appearance as public official in pro bono case |
RI-283 |
| Public official in law firm |
RI-236 |
| Referral service participation |
70 MBJ 146 (Feb 1991) |
| "Specialties" |
C-232, RI-142, RI-167, 70 MBJ 72 (Jan 1991), Peel v. Ill Attorney Reg. and Dis. Comm., 496 US 91 (1990) |
| SuperLawyer |
RI-341 |
| Telephone directory listings after discipline imposed |
In the Matter of Freedman, 406 Mich 256 (1979) |
| Television ads |
R-18 |
| Third party advertising lawyer's services as incentive to members |
RI-147 |
| Trade name |
C-231, R-18, RI-16, RI-130, RI-221 |
| Welcome Wagon participation |
C-221 |
| Unassociated lawyers |
C-230 |
—Nonlawyers
| Advertising lawyer discount as incentive for membership |
RI-147 |
| Ancillary services |
RI-105, RI-135 |
| Announcement of nonlawyer appraiser joining law firm |
RI-105 |
| Appraiser employed at law firm |
RI-105 |
| Chamber of Commerce advertising lawyer discount |
RI-147 |
| Church advertising lawyer discount |
RI-229 |
| Duty to review advertising |
R-6, R-8 |
| Lawyer discount used as membership incentive |
RI-147 |
| Insurance customers |
RI-135 |
| Recommending services of particular lawyer |
R-18, RI-147 |
| Telephone listing separate from law firm prohibited |
RI-105 |
Advice to Client
See also Decision-Making Authority of Client
See also Scope of Representation
back to list
| Alternate dispute resolution options |
RI-262 |
| Arbitration clause in fee agreement |
RI-2 |
| Asking for appointment as personal representative |
RI-291 |
| Discharge of lawyer |
74 MBJ 822 (Aug 1995) |
| Duties owed when assisting pro se litigant |
RI-347 |
| Duty to advise on ADR options |
RI-262 |
| Initial consultation triggering disqualification |
RI-48 |
| Lawyer fiduciary making legal decisions for ward |
RI-213 |
| Lawyer's nonlaw business agent |
RI-190, RI-191, RI-275 |
| Legal services staff reduction |
RI-252 |
| Limited by lawyer's contract with presiding court |
JI-50 |
| Limited by third party payor of fee |
RI-132 |
| "Living will" and health care directive information
presented at seminar |
RI-141 |
| Not to discuss litigation with adverse party |
R-2 |
| On advisability of arbitration clause in fee agreement |
RI-2 |
| Pursuit of cause of action for minor |
RI-140 |
| Representing client on unrelated matters when client is fugitive |
RI-160 |
| Successor counsel's conduct |
RI-202 |
Advice to Third Person
| Advising interested persons to seek independent counsel |
R-10 |
| Corporate employees not to discuss litigation |
R-2 |
| Duty to convey offer to resolve through |
RI-255 |
| Negotiating settlement with opposing party |
RI-145 |
| Parent consulted when representing minor child |
RI-140 |
| Requesting employees not to discuss litigation |
R-2 |
Alcohol Abuse
| By judicial officer |
In re Somers, 384 Mich 320 (1971), In the Matter of Sobotka, 421 Mich 1201 (1985) |
Alternate Dispute Resolution
—Adjudicators
| Adjudicators representing former parties in matter |
RI-235 |
| Advising unrepresented party |
RI-256 |
| Advocacy by adjudicator |
RI-274 |
| Arbitrator is retired judge |
JI-28 |
| Conciliation proceedings handled by judge |
JI-69 |
| Conflicts of arbitrators |
JI-28, RI-268, RI-271 |
| Disclosures to parties |
RI-268, RI-271 |
| Ex parte contacts with adjudicators |
RI-274 |
| Judge participating |
JI-28, JI-69, A/O 28, A/O 34, A/O 73, A/O 91, A/O 94 |
| Judge serving on "Commission to Take Testimony" |
A/O 2 |
| Mediator drafting parties' agreement |
RI-278 |
| Mediator subsequently representing party |
RI-235 |
| Mediator subsequently serving as arbitrator in same matter |
RI-265 |
| Party-nominated adjudicator |
RI-271, RI-274 |
| Retired judge serving as arbitrator |
JI-28 |
—Advocates
| Duty to advise on ADR option |
RI-262 |
| Duty to convey offer to resolve through ADR |
RI-255 |
| Limiting liability of lawyer |
RI-2 |
| Party represented by matter's former mediator |
RI-235 |
| Testimony from |
RI-264 |
| Withdrawal when clients dispute acceptance of mediation award |
RI-134 |
—Decisions
| Calculation of mediation sanctions |
Bennett, et al v. Weitz et al (Dec 1996), 73 MBJ 1085 (Oct 1994) |
| Coercing civil settlements |
RI-78 |
| Decisions about settlement |
RI-76 |
| Forcing settlement on disabled client |
RI-76 |
| Mediation award, multiple clients |
RI-134 |
| Multiple clients, accepting mediation award |
RI-134 |
| Negotiating settlement of merits and attorney fee concurrently |
C-235 |
| Plea bargain, defense counsel duty to remind prosecutor |
RI-165 |
| Settlement offers, client decision on |
RI-76 |
—Establishing Business
| Independent of law practice |
RI-275 |
| Materially limiting service to law clients |
RI-275 |
| Nonlaw business owned by lawyer |
RI-263, RI-275 |
| Servicing clients of lawyer/owner |
RI-275 |
| Servicing clients of opponents of lawyer/owner |
RI-275 |
| Waiver of liability clause |
RI-263 |
—Ethics Rule Application
| Eligibility of adjudicators |
RI-265 |
| Ex parte contacts with adjudicators |
RI-274 |
| Record retention of arbitrator not governed by ethics rules |
RI-188 |
—Procedures
| Advocacy by adjudicator |
RI-274 |
| Disclosures of adjudicator outside interest |
RI-268, RI-271 |
| Duty to convey offer to resolve through ADR |
RI-255 |
| Ex parte contacts with adjudicators |
RI-274 |
| Recordkeeping |
RI-188 |
—Terms
| Agreement requiring client/lawyer dispute arbitration |
RI-257 |
| Agreement requiring fee arbitration |
RI-2, RI-196, RI-257 |
| Arbitration of attorney fees |
RI-2, RI-196 |
| Duty to advise on ADR options |
RI-262 |
| Fee arbitration as condition of representation |
RI-2, RI-196 |
| Fees, negotiating as part of settlement |
C-235 |
| Independent advice on accepting arbitration clause |
RI-2, RI-196 |
| Limiting advice to specific settlement proposal |
RI-132 |
| Requirement in attorney/client fee agreement |
RI-2, RI-196 |
| Statutory attorney fees |
C-235 |
—Types of Matters
| Client/lawyer disputes |
RI-257 |
| Fees |
RI-2, RI-196 |
| Environmental law class action matter |
RI-132 |
Ancillary Services
See also Business Interests
See also Dual Practice
See also Office Sharing
back to list
| Advertising |
RI-105, RI-135 |
| Alternate dispute resolution services |
RI-263, RI-275 |
| Confidentiality of communications from users of law firm nonlaw services |
RI-187 |
| Consulting arrangement with nonlawyer tax appeals expert |
RI-104 |
| Document preparation service |
RI-191 |
| Financial services |
RI-73 |
| Insurance sales |
RI-135 |
| Lobbyist employee of law firm |
RI-187 |
| Psychology and law practice |
RI-212 |
| Telephone listing separate from law firm |
RI-105 |
| Title insurance business |
RI-5 |
Appeals
| Charging For |
R-11 |
| Client refuses to pay for appeal or accept settlement, seeking protective order for client |
RI-76 |
| Client's untruthful trial testimony |
RI-273 |
| Consolidation of conflicting cases on appeal |
RI-108 |
| Continuing representation—now employed by prosecutor's office |
RI-295 |
| Criminal representation—lawyer now at prosecutor's office |
RI-295 |
| Disclosure of client's fraudulent acts to retrial counsel |
RI-209 |
| Duty to take appeal when agreement silent |
R-11 |
Appearance of Impropriety
See also Administration of Justice, Conduct Prejudicial to
See also Conflicts of Interest
See also Disqualification
back to list
| Advancing business interests of particular company |
A/O 47 |
| Appearance by judge's personal lawyer in unrelated matter |
J-5, J-6, JI-39, JI-43, R-20 |
| Bias in assignment of indigent cases |
Matter of Lawrence, 417 Mich 248 (1983) |
| Campaign contributions, unusually large |
JI-2 |
| Character reference from judge |
JI-41, A/O 67 |
| Disqualification of part-time domestic relations referee |
RI-1 |
| Disqualification of judge—firm purchasing judge's former practice |
JI-118 |
| Disqualification of judge when cohabiting with or dating advocate or party |
J-6, R-3 |
| Disqualification of judge for personal acquaintance with advocate or party |
JI-44 |
| 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 |
C-228, J-4, J-6, JI-6, JI-13, People v. Perkins, 193 Mich App 209 (1992) |
| Free legal services, judge accepting |
Matter of Lawrence, 417 Mich 248 (1983) |
| Investment club membership by judge |
JI-119 |
| Judge as host of commercially-sponsored program |
JI-137 |
| Judge as member of investment club with lawyers |
JI-119 |
| Judge attending political party fundraiser |
JI-115 |
| Judge encouraging pro bono activities |
J-7 |
| Judge participating in "lockup for charity" |
JI-125 |
| Judge present in courtroom as moral support for party |
JI-15 |
| Judge serving as moderator at debate |
JI-121 |
| Judge setting "bail for charity" |
JI-125 |
| Law firm buying judge's former practice appearing before judge |
JI-118 |
| Lawyer who could be called as witness |
RI-297 |
| Lawyers asked to participate in pro bono activities |
J-7 |
| Leasing space to lawyers, judge as landlord |
JI-6 |
| Liquor license, interest held by judge |
Matter of Lawrence, 417 Mich 248 (1983) |
| Negotiating employment with advocate's firm |
JI-35 |
| Part-time referee engaging in law practice |
JI-126 |
| Part-time referee hearing matters presented by former law firm |
RI-1 |
| "Perpetual recusal" of judge for personal dislike of advocate |
JI-44 |
| Personal acquaintance of judge requiring disqualification |
JI-44 |
| Political party inviting judge to attend dinner |
JI-115 |
| Pro bono solicitation by judge |
J-7 |
| Potential of lawyer as witness |
RI-297 |
| Presiding over matters presented by appointee |
JI-29 |
| Referee who also practices law before own court |
JI-126 |
| Referrals to organization of which judge is board member |
JI-64, A/O 59 |
| Representing client—issued support order as magistrate |
RI-288 |
| Solicitation of funds by judge for charity |
J-1, JI-3, JI-33 |
| Soliciting pro bono participation |
J-7 |
| Spouse of judge is assistant prosecutor |
JI-101, JI-132, JI-133 |
| Spouse of judge leasing space to lawyers |
JI-13 |
| 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 |
JI-2 |
| 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
See also Guardianship
back to list
| Commissioner representing indigent defendants in courts within budget control |
R-15 |
| Contract for defense services |
RI-253 |
| Contract for public guardian or conservator |
RI-213 |
| County establishing two public defender offices |
RI-334 |
| Court appointments of lawyer/tenants of judge |
A/O 40 |
| Court appointment of former prosecutor for defense services |
RI-253 |
| Defense contract bid by former prosecutor |
RI-253 |
| Guardian ad litem related to public employees |
RI-250 |
| Guardian ad litem subsequent representation in matter |
RI-227 |
| Public defender-county establishing two groups |
RI-334 |
| Recommendation to governor on judicial appointment |
A/O 55 |
| Rejecting court appointment to represent client |
C-210 |
| Relatives of guardian ad litem in justice system |
RI-250 |
| Withdrawing from court appointed case |
C-210 |
Arbitration
See Alternate Dispute Resolution
back to list
Association with Nonlawyer
See Ancillary Services
See Division of Fees
See Dual Practice
See Law Firm
See Nonlawyers
See Unauthorized Practice of Law
back to list
Attorney-Client Privilege
See also Confidences
See also Misconduct
See also Secrets
back to list
—Disclosure
| Access to computer records by technical support personnel |
RI-328 |
| Accounts receivable of law firm for bank loan |
RI-77 |
| By corporate employees to corporate counsel |
R-2 |
| Client behavior |
RI-261 |
| Client fee information |
RI-54, RI-73, 75 MBJ 822 (Aug 1996) |
| Client identity |
RI-54 |
| Client location |
RI-160 |
| Computer-stored information access by technical support |
RI-328 |
| Corporate employee home addresses |
R-2 |
| Death of client, survival of privilege |
77 MBJ 1222 (Nov 1998) |
| Disclosure of client information to credit reporting agency |
RI-335 |
| Disclosure of client information to legal services corporation |
RI-311 |
| Disclosure of information to regulatory authorities |
RI-111 |
| Disclosure to successor counsel of client's fraudulent acts |
RI-209 |
| Duty to rectify suspected client perjury |
RI-13, RI-33, RI-151, RI-272 |
| Employee home addresses |
R-2 |
| Fee information |
RI-54, RI-73, 75 MBJ 822 (Aug 1996) |
| False pleadings prepared from client information |
RI-184 |
| Former client information |
JI-32, RI-106, RI-207 |
| Fraud or illegal act |
RI-106, RI-184, RI-209 |
| Guardian ad litem report to court |
RI-318 |
| Identity of former client |
RI-207 |
| Illegal act of client |
RI-72, RI-111, RI-151, RI-160 |
| Illegal act of former client |
RI-106, RI-138 |
| Inaccurate, truthful testimony of client |
RI-272 |
| Inadvertent disclosure |
75 MBJ 418 (May 1996) |
| Inconsistent testimony of client |
RI-33 |
| Information in settlement negotiations |
RI-217, RI-220, RI-232 |
| In house counsel giving recommendations to CEO |
RI-300 |
| Legal services corporation-disclosing client information |
RI-311 |
| Misconduct by lawyer, duty to report |
C-229, RI-88, RI-220 |
| Misconduct of lawyer obtained in client relationship |
RI-232 |
| Observations of client conduct |
RI-261 |
| Perjury of client |
RI-13, RI-33, RI-138, RI-151 |
| Perjury, suspicion insufficient for disclosure |
RI-13, RI-33 |
| Preparing written guardian ad litem report to court |
RI-318 |
| Privileged information concerning former client |
JI-32 |
| Privileged information concerning lawyer misconduct |
RI-314 |
| Reporting client information to legal services corporation |
RI-311 |
| Reporting lawyer misconduct |
C-229, RI-88, RI-101, RI-220, RI-232, RI-314, 70 MBJ 698 (Jul 1991) |
| Reporting to court on representation as guardian ad litem |
RI-318 |
| Security interest in firm's accounts receivable |
RI-77 |
| Subordinate lawyer disclosing information to supervising lawyer |
RI-300 |
| Supervising lawyer who is subject to review by subordinate lawyer |
RI-300 |
| Survival of privilege after death of client |
77 MBJ 1222 (Nov 1998) |
| Suspicion of client perjury insufficient |
RI-13, RI-33 |
| Suspicion of client fraud insufficient |
RI-156 |
| Technical support personnel access to computer records |
RI-328 |
| Title defects when drafting quitclaim deeds |
RI-157 |
| Truthful, inaccurate testimony of client |
RI-272 |
| Volunteering information about former client |
RI-106 |
| Wrongful discharge suit, lawyer employee |
74 MBJ 54 (Jan 1995) |
—Nature of Duties
| Corporate employees and inside counsel |
R-2 |
| Death of client, survival of privilege |
77 MBJ 1222 (Nov 1998) |
| Deposition response |
JI-32 |
| Effect of discharge of lawyer on client perjury |
RI-13 |
| Firm of transferring lawyer, duty to protect |
R-4 |
| Initial interview conducted by nonlawyer employee |
RI-123 |
| Judge asked for privileged information concerning former client |
JI-32 |
| Rectifying client misconduct |
RI-13, RI-33, RI-151, RI-272, RI-273 |
| Services used in furtherance of client illegal act |
RI-273 |
| Subpoena for client information |
RI-106 |
| Survival of privilege after death of client |
77 MBJ 1222 (Nov 1998) |
| Transferring lawyer's duty to protect |
R-4 |
| Waiver to defend lawyer in grievance proceedings |
RI-84 |
Attorney-Client Relationship
See also Winding Up Law Practice
back to list
| Accepting fee but not performing services |
RI-58 |
| Appeal included in agreement to represent at trial |
R-11 |
| Appointment as personal representative when preparing will |
RI-291 |
| Assisting pro se litigant by unbundling legal services |
RI-347 |
| Charging fees for withdrawal |
RI-296 |
| Charging fees to answer grievance from
debtor |
RI-330 |
| Client agreeing to pay lawyer's malpractice premium |
RI-319 |
| Client naming lawyer drafting will as personal representative |
RI-291 |
| Contingency fee—re-negotiating with client |
RI-308 |
| Contingent fee—sharing with health care provider |
RI-304 |
| Corporate entity as "client" |
RI-95 |
| County as client of prosecuting attorney/county corporation counsel |
RI-112 |
| Court-appointed receiver charging to defend grievance |
RI-330 |
| Created by activities of legal assistant |
RI-125 |
| Created at initial conference |
RI-48, RI-57, RI-154, RI-185 |
| Divorce consultation triggering disqualification |
RI-48 |
| Drafting documents without direct client contact |
RI-128 |
| Drafting lawyer named as personal representative without bond |
RI-291 |
| Employee legal assistant providing assistance in administrative agency proceedings |
RI-125 |
| Established to raise privilege |
R-2 |
| Failure to personally contact client |
RI-128 |
| Fees paid by third party |
RI-293 |
| File is property of lawyer |
R-19 |
| Group legal services plan |
C-233 |
| Inadvertent disclosure |
75 MBJ 418 (May 1996) |
| Independent judgment—fees paid by third party |
RI-293 |
| Initial consultation triggering disqualification |
RI-48 |
| Insurer retaining lawyer for insured |
RI-9 |
| Insurance benefits of client shared with nonlawyer |
RI-304 |
| Law firm "leasing" lawyer employees |
RI-310 |
| Lawyer representing insured may receive fixed fee |
RI-343 |
| "Leased" lawyers working for law firm |
RI-310 |
| Legal services agency conducting pro se clinic |
RI-301 |
| Limited by conditions imposed by payor of attorney fee |
RI-132 |
| Limiting liability in retainer agreement |
RI-319 |
| Minor child as client |
RI-140 |
| Negotiating settlement with represented party |
RI-145 |
| No-fault representation, duties to medical providers |
C-226, RI-155 |
| Ownership of representation file |
R-19 |
| Personal representative of estate as "client" |
R-10, RI-156 |
| Personal representative retaining lawyer for wrongful death action |
R-10, RI-114 |
| Probate court-appointed lawyers |
JI-50 |
| Pro se clinic conducted by legal services agency |
RI-301 |
| Prospective client's case not undertaken |
RI-48, RI-154 |
| Receiver charging fees to defend grievance |
RI-330 |
| Recording conversations with client |
RI-309 |
| Reduced billing for limiting liability of lawyer |
RI-319 |
| Re-negotiating contingency fee agreement |
RI-308 |
| Scope of corporation "party" |
R-2 |
| Secretly recording conversations |
RI-309 |
| Self help clinics conducted by legal services agency |
RI-301 |
| Temporary lawyers working for law firm |
RI-310 |
| Termination of a fixed fee arrangement |
RI-69 |
| Testifying concerning client's fees |
RI-299 |
| Trust kit sales |
RI-325 |
| Unbundling legal services |
RI-347 |
| Using door-to-door salespeople as agents |
RI-325 |
| Using employee as intermediary |
RI-128 |
|
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