|
|
|
Michigan Ethics Opinions 10/88-6/07
Index
Bankruptcy
| Adversary
proceedings as part of representation |
RI-184 |
| Client
fraud or illegal act |
RI-184 |
| Contract
ambiguous about scope of representation |
RI-184 |
| False
information in court filings |
RI-184 |
| Specialty
designation |
RI-142 |
Bias
See also
Appearance of Impropriety, Disqualification back
to list
| AIDS
awareness ribbon worn on judicial robes |
JI-68 |
| Bias
against party no remittable |
J-6 |
|
Burden to
prove bias on party moving to disqualify
|
Mich
Police Ass'n v Pontiac, 177 Mich App 752 (1989) |
| Campaign
opponent appearing before judge |
J-6,JI-23,JI-96,RI-52,A/O
103 |
| Disqualification
motions |
*75
MBJ 934 (Sep 1996) |
| Endorsement
of pro-union or pro-business interests |
JI-52,JI-65 |
|
Financial
interest between presiding judge and advocate
|
C-228,J-4,J-6,
People v Perkins, 193 Mich App 209 (1992)
|
|
Gender bias
not present in judge accepting scholarship to seminar to develop
women leaders
|
JI-75 |
| Judge
as police commissioner |
JI-94 |
| Judge
dating advocate |
J-6,R-3 |
|
Judge dating
party appearing before judge
|
In the
Matter of Templin, 432 Mich 1220 (1989)
|
|
Judge former
prosecutor
|
People
v Hampton, 184 Mich App 434 (1990) |
| Judge's
party opponent appearing as advocate in unrelated matter |
R-15 |
| Judge's
personal lawyer appearing before judge as advocate in unrelated
matter |
J-5,JI-43,R-14 |
|
Judge reviewing
appeals from lower court handling judge's personal case
|
JI-43 |
| Judge's
spouse as assistant prosecutor |
JI-101 |
| Motions
for disqualification |
*75
MBJ 934 (Sep 1996) |
| Part-time
magistrate - practice of law |
JI-114 |
| Part-time
magistrate serving as referee |
JI-77 |
| Personal
acquaintance insufficient for judicial disqualification |
JI-44 |
|
Sentences,
judge's disapproval of mandatory life sentence
|
People
v Houston, 179 Mich App 753 (1989) |
Boards
See Charitable/Civic Activities, Commissions, Corporations,
Financial Interests, Extrajudicial Activities, Public Official back
to list
Business
Interests
See also
Ancillary Services, Dual Practice, Extrajudicial Activities back
to list
--Judge
| Advancing
business interests of others |
JI-13,JI-52,JI-65,A/O
47,A/O 97 |
| Court
appointments of lawyer/tenants of judge |
A/O
40 |
| Bank
director |
J-3,J-6,A/O
87 |
| Book
authorship |
JI-76 |
| Closing
law practice |
JI-40,JI-89,*71
MBJ 1056 (Oct 1992) |
| Computer
program of legal forms |
JI-21,JI-76 |
| Continuing
relationship with judge's former law firm |
JI-89 |
| Co-ownership
of real estate with magistrate and sheriff |
JI-86 |
| Corporate
officer services prohibited |
J-3,J-6,A/O
7 |
| Director
of business |
J-3,J-6 |
| Disclosure
of judge's financial interest |
J-4,J-6,JI-6,JI-86 |
| Disqualification,
duty to minimize instances of |
JI-6 |
| Divestiture |
J-3,J-6,A/O
26 |
| Divorce
forms for use by nonlawyers |
JI-76 |
|
Financial
interest with advocate, disqualification
|
C-228,J-4,J-6,JI-40; People
v Perkins,
193 Mich App 209 (1992); *71
MBJ 1056 (Oct 1992) |
|
Financial
interest with advocate, duty to disclose
|
J-4,J-6,JI-6
People
v Perkins, 193 Mich App 209 (1992) |
| Financial
interest with lower court judge |
JI-86 |
| Financial
interest with witness |
JI-86 |
| Franchise
investments by judge |
A/O
48 |
| Golf
course board |
JI-70 |
| Irrevocable
trust to avoid divestiture |
A/O
26 |
| Lawsuit
based on business interests |
JI-43 |
| Lawyer
purchasing law practice |
JI-40,JI-89,*71
MBJ 1056 (Oct 1992) |
|
Liquor licenses
|
A/O
26, In
the Matter of Lawrence, 417 Mich 248 (1983) |
| Part-time
judge business participation |
J-3,J-6 |
|
Real estate
relationship with lawyers
|
JI-6,JI-13,A/O
40 People
v Perkins, 193 Mich App 209 (1992) |
| Referrals
to hospital of which judge is board member |
A/O
59 |
| Retired
judge business participation |
J-3,J-6 |
| Spouse
of judge leasing space to lawyer |
JI-13 |
| Track
steward |
JI-110 |
--Lawyer
| Accepting
referral from investment firm |
RI-317 |
| Accepting
referral from trust kit salesperson |
RI-325 |
| Alternate
dispute resolution services |
RI-263,RI-275 |
|
Business transaction
with client
|
RI-197,
In
the Matter of Temrowski 409 Mich 262 (1980) reh den 409
Mich 1102 (1980) |
| Consulting
arrangement with nonlawyer tax appeals expert |
RI-104 |
| Financial
services |
RI-190 |
| Foreclosure
of client property to collect fee |
RI-277 |
| Insurance
business |
RI-135 |
| Lawyer
for school employee union serving as faculty at school |
RI-279 |
| Loan
to client to start business |
RI-197 |
| Mortgage
on client property to secure fee |
RI-40 |
| Partnership
or shareholder with disciplined lawyer |
RI-238 |
| Purchasing
client property at foreclosure to collect fee |
RI-277 |
| Referral
fee from investment firm |
RI-317 |
| Referring
law clients to lawyer's nonlaw business |
RI-190 |
| Referring
nonlaw business customers to law firm |
RI-190,RI-191 |
| Representing
customer of own nonlaw business |
RI-5,RI-190 |
| Rent
calculated as percentage of gross income |
RI-133 |
| Reviewing
land title issued by own company |
RI-5 |
| Security
interest in firm's accounts receivable |
RI-77 |
| Tenants
of judge subleasing to lawyer |
JI-6 |
| Tenants
of judge's spouse |
JI-13 |
| Title
insurance company owned by lawyer referring clients |
RI-5 |
| Trust
kit sales |
RI-325 |
| Using
door-to-door salespeople as agents |
RI-325
|
Business
Representation
See also Commercial Law, Corporate Representation back
to list
| Commission
from real estate broker for referring customers |
RI-145 |
| Documenting
sale between two clients |
RI-237 |
| Investment
fraud, identifying injured persons |
RI-81 |
| Seminar
to identify similar claimants |
RI-81 |
Cameras
in the Courtroom
| Supreme
Court permission required |
A/O
30 |
Campaign
Funding, Judicial
State
Bar Programs & Services offers a booklet on this topic.
See also Campaign Practices, Candidates, Disposition of Campaign
Funds back
to list
| Accepting contribution
after general election |
JI-5,JI-7 |
| Accepting contribution
prior to 180 days |
JI-17,A/O 65 |
| Amount of contribution
raising bias |
JI-2 |
| Campaign committee
formed prior to fund raising period |
JI-74 |
| Campaign committee
solicitation |
JI-1 |
| Candidate prohibited
from soliciting or accepting |
JI-17 |
| Candidate contributions
prior to fund raising period |
JI-74 |
| Circumvention
of solicitation rule |
JI-92 |
| Contribution
received after election |
JI-5,JI-7 |
| Contributions
from independent fundraiser |
JI-92 |
| Contributions
from PACs to judicial campaign |
JI-2 |
| Contributions
to influence candidate |
JI-2 |
| Creditors paid
by third party |
JI-7 |
| Disposition
of campaign funds to government committee |
A/O 14 |
| Early contributions |
JI-17,JI-74,A/O
65 |
| Early expenditures |
JI-74,JI-78 |
| Expenditures
prior to announcing candidacy |
JI-81 |
| Expenditures
prior to fund raising period |
JI-74,JI-78 |
| Family compensation
for campaign work |
A/O 66 |
| Family contributions |
JI-7 |
| Fund raising
events, quantity |
JI-92 |
| Fund raising
period |
JI-1,JI-74,JI-78 |
| Fund raising
by independent sponsor |
JI-92 |
| Improper reporting |
In the Matter
of Lawrence, 417 Mich 248 (1983) |
| Improper contributions |
JI-2 |
| In-kind contributions
|
JI-2 |
| Investiture
celebration |
JI-60,A/O 71 |
| Invitations
sent prior to fund raising period |
JI-78 |
| Judge serving
on campaign committee |
JI-14 |
| Judge serving
as treasurer |
JI-14 |
| Judicial Code
conflicts with Michigan Campaign Financing Act |
In
the Matter of Lawrence, 417 Mich 248 (1983) |
| Lawyer solicitations |
JI-1,JI-92 |
| Loan from candidate |
JI-74 |
| Loan from previous
election |
A/O 56 |
| Multiple fund
raisers, $100 solicitation limit |
JI-92 |
| $100 solicitation
limit per election |
JI-1 |
| $100 solicitation
limit per PAC. |
JI-2 |
| $100 solicitation
limit per lawyer |
JI-1 |
| Personal funds
from candidate |
JI-74,JI-81 |
| Prior to creation
of judgeship |
JI-16 |
| Received after
general election, mailed prior |
JI-5 |
| Received after
judicial election |
JI-5 |
| Refunds after
close of campaign |
JI-63 |
| Reimbursing
candidate from campaign funds |
JI-74,JI-81 |
| Relative of
candidate as treasurer |
JI-90,A/O
15 |
| Repaying loans
to campaign |
JI-7,JI-63,A/O
56 |
| Reporting |
JI-63,In
the Matter of Lawrence, 417 Mich 248 (1983) |
| Retiring campaign
debts |
JI-7,JI-63,A/O
71 |
| Return of excess
funds |
In the Matter
of Lawrence, 417 Mich 248 (1983) |
| Solicitation
by candidate prohibited |
JI-1,A/O 24
In
the Matter of Hotchkiss, 415 Mich 1101 (1982) |
| Solicitation
of lawyers |
JI-1,JI-92 |
| Solicitation
of PACs |
JI-2 |
| Solicitation
prior to creation of judgeship |
JI-16 |
| Sponsorship
of youth sports team |
JI-58 |
| Treasurer for
campaign |
JI-90,A/O 15 |
| Unsolicited
contributions |
JI-2,JI-92,A/O
65 |
| Unsolicited
contributions from lawyers |
JI-1,JI-7,A/O
106 |
| Unsolicited
contributions prior to fund raising period |
JI-74,A/O
65 |
| Unusually large
campaign contributions |
JI-2 |
| Victory party |
JI-60,A/O 71 |
Campaign
Practices
State
Bar Programs & Services offers a booklet on this topic.
See also Advertising, Campaign Funding, Candidates, Political Activity
back
to list
--Judicial Candidates
| Accepting
contribution after general election |
JI-5 |
| Activities
before announcing candidacy |
JI-81 |
| Activities
before fund raising period |
JI-74,JI-78,JI-81 |
|
Ballot proposals,
judicial candidate stating opinion on
|
C-219,C-222,C-237,JI-27 |
| Campaign
committee formed prior to fund raising period |
JI-74 |
| Campaign
committee solicitation |
JI-1 |
| Campaign
committee workers |
JI-17,JI-79 |
| Campaign
contributions to influence candidate |
JI-2 |
| Campaigning
prior to creation of judgeship |
JI-16 |
| Candidate
ratings by local bar association |
JI-120 |
| Criticizing
case decisions of incumbents |
C-227 |
| Criticizing
incumbent judges |
C-219,JI-4,69
MBJ 820 (Aug 1990) |
| Debates |
JI-27,69
MBJ 820 (Aug 1990) |
|
Disclosure
when judicial campaign committee member appears as
advocate before candidate
|
JI-79 |
| Discussing
positions on legal issues |
JI-131 |
| Discussing
positions on political issues |
C-237, JI-27, JI-131 |
|
Disqualification
of judge when campaign opponent appears as advocate
before judge
|
J-6,JI-23,JI-96,A/O
103 |
| Disqualification
of lawyer when appearing before judge opponent |
RI-52 |
| Endorsement
of judicial candidate by judge |
JI-95 |
| Endorsements
prior to announcing candidacy |
JI-81 |
| Improper
campaign contributions |
JI-2 |
| Incumbency,
inference when not fact |
JI-74,A/O
51,A/O 104 |
| In-kind
campaign contributions |
JI-2 |
| Investiture
celebration |
JI-60,A/O
71 |
| Judge
as campaign treasurer for judicial candidate |
JI-14 |
| Judge
as member of judicial candidate's campaign committee |
JI-14,A/O
24 |
| Judge
as member of planning committee of judicial candidate |
JI-14 |
| Jury
records used for judge's election mailings |
JI-104 |
| Literature
at political candidate's event |
JI-93 |
| Millage
participation by judge |
JI-116
|
| Misleading
ad placing decision-making blame on incumbent judges |
JI-4 |
| Misleading
publication of candidate's rating |
JI-120 |
| Name
of candidate similar to name of incumbent |
JI-74 |
| Name
used in candidate's campaign may not be misleading |
JI-74 |
| $100
solicitation limit per election |
JI-1 |
| $100
solicitation limit per PAC |
JI-2 |
| $100
solicitation per lawyer |
JI-1 |
| Opinions
on ballot proposals |
C-219,C-222,C-237,JI-27 |
| Opponent
appearing before judge |
J-6,JI-23,JI-96,RI-52,A/O
103 |
| Opponent's
firm appearing before judge |
J-6,JI-23,RI-52 |
| New
judgeship, campaigning prior to creation |
JI-16 |
| Planning
activities prior to candidacy |
JI-81 |
| Pledges
of performance in office |
JI-131 |
| Political
party affiliation of judicial candidate |
Op
206 |
| Political
party endorsement of judicial candidate |
JI-11 |
| Public
debates |
JI-27 |
| Public
statements by judge on behalf of candidate |
A/O
13 |
| Ratings
by local bar association |
JI-120 |
| School
millage participation |
JI-116 |
| Slogans |
A/O
104 |
| Soliciting
endorsement from jurors |
JI-104 |
| Sponsorship
of youth sports team |
JI-58 |
| Sports
sponsor |
JI-58 |
| Statements
on philosophy |
C-219,C-222,C-227,JI-27 |
| Surveys |
C-222,C-237,JI-82,69
MBJ 820 (Aug 1990) |
| Unsolicited
campaign contributions |
JI-2,JI-74,A/O
65 |
| Unusually
large campaign contributions |
JI-2 |
--Nonjudicial
Candidates
| Endorsement
by judge |
JI-30 |
| Fund raising
events |
A/O 25 |
| Judge contribution
to political action committee |
JI-105 |
| Judge participating
in campaign |
JI-30 |
| Judge purchasing
fund-raising tickets |
A/O 25 |
| Judge's spouse
on campaign committee |
JI-47 |
| Participation
in social event |
JI-47 |
| Public endorsement
by judge of nonjudicial candidate |
JI-30 |
--Third Parties
| Campaign
committee workers |
JI-17,JI-79 |
| Disqualification
of lawyer when appearing before judge opponent |
RI-52 |
| Endorsement
of judicial candidate by judge |
JI-95 |
| Judge
as campaign treasurer for judicial candidate |
JI-14 |
| Judge
as member of judicial candidate's campaign committee |
JI-14,A/O
24 |
| Judge
as member of planning committee of judicial candidate |
JI-14
|
| Public
statements by judge on behalf of candidate |
A/O
13 |
| Sentencing
to compile judicial campaign statistics |
JI-107 |
Candidates
See also Advertising, Campaign Funding, Campaign Practices back
to list
--Judicial State
Bar Programs & Services offers a booklet on this topic.
| Campaign
committee solicitation |
JI-1 |
| Campaign
contributions to influence candidate |
JI-2 |
| Campaign
pledges |
JI-4 |
| Criticism
of sitting judges during campaign |
JI-4 |
|
Disclosure
when campaign committee member appears as advocate before
candidate
|
JI-79 |
|
Discussing position on political or legal issues
|
JI-131 |
|
Disqualification
when presiding over campaign opponent's case
|
J-6,JI-23,JI-96,RI-52,A/O
103 |
| Endorsement
of judicial colleague |
JI-95,A/O
52 |
| Endorsement
from judge |
JI-95,A/O
13 |
| Endorsements
prior to fund raising period |
JI-81 |
| Family
member as campaign treasurer |
JI-90 |
| Governmental
board member prior to election |
JI-91 |
| Improper
campaign contributions |
JI-2 |
| In-kind
campaign contributions |
JI-2 |
| Judge
as campaign treasurer |
JI-14 |
| Judge
as member of campaign committee |
JI-14 |
| Judge
as member of planning committee of another candidate |
JI-14 |
| Jury
records used for judge's election mailings |
JI-104 |
| $100
solicitation limit per election |
JI-1 |
| $100
solicitation limit per PAC |
JI-2 |
| $100
solicitation limit per lawyer |
JI-1 |
| Planning
committee prior to fund raising period |
JI-81 |
| Pledges of performance in office |
JI-131 |
| Public
statements by judge on behalf of judicial candidate |
A/O
13 |
| Recommendation
to governor on judicial appointment |
A/O
55 |
| Solicitation
of PACs |
JI-2 |
| Soliciting
endorsement from jurors |
JI-104 |
| Unsolicited
campaign contributions |
JI-2 |
| Unusually
large campaign contributions |
JI-2 |
| Withdrawal
when appearing before campaign opponent |
J-6,JI-23,RI-52,A/O
103 |
--Nonjudicial
| Endorsements
of nonjudicial candidates by judge |
A/O
24 |
| Judge
participating in campaign |
JI-30 |
| Nominating
petition signed by judge |
A/O
25 |
| Public
endorsement of nonjudicial candidate |
JI-30 |
| Resignation
from judicial office before becoming candidate |
JI-10,JI-19,JI-59 |
| Nominating
petition signed by judge |
A/O
25 |
Candor
to Court
| Correcting
false pleadings prepared from client information |
RI-184 |
| Disclosing
client's confession of crime |
RI-72 |
| Disclosing
client's perjured testimony |
RI-148 |
| Duty
to report unauthorized practice |
RI-101 |
| Lawyer
appearing as nonlawyer representative |
RI-55 |
Charitable/Civic
Activities of Judges
--Board Membership
| Academic
advisory committee |
A/O
35 |
| Board
membership, generally |
J-1,JI-42 |
| Board
of civic improvement |
A/O
58 |
| Board
organized under political party |
JI-22 |
| Cancer
society |
A/O
69,A/O 70 |
| Census
committee board |
JI-18 |
| Children's
hospital |
A/O
59 |
| Community
foundation board |
JI-103 |
| Court
staff serving on board whose staff appears as witness |
JI-66 |
| Crippled
children charity |
A/O
16 |
| Ethnic
organization |
A/O
48 |
| Firefighter
and police officer dependent benefits group |
A/O
107 |
| Fund
distribution board |
JI-103 |
| Improving
business opportunities for particular group |
A/O
48 |
| Improving
public and private sector relations |
A/O
58 |
| Judge
attending political party fundraiser |
JI-115 |
| Legal
aid organization |
JI-38,JI-51,A/O
45 |
| Nonprofit
board formed by university |
JI-18 |
| Part-time
judge serving as director |
J-1,J-3,J-6 |
| Political
party inviting judge to attend dinner |
JI-115 |
| Permitted
activities, generally |
J-1 |
| Public
charity foundation |
JI-103 |
| Referrals
to organization |
JI-64,JI-66,A/O
59 |
| Resignation |
J-1 |
| School
board member |
JI-19 |
| Serving
on a board |
J-1,A/O
102 |
| Staff
of board appears as witness before judge |
JI-66 |
| Testimonial
board organized under political party |
JI-22 |
| Victim
abuse board |
JI-66 |
--Generally
| AIDS
educational efforts |
JI-68 |
| Appearance
of impropriety |
J-1 |
| Appearing
on letterhead of organization |
J-1 |
| Attorneys
asked to participate in pro bono activities |
J-7 |
| Fashion
show modeling |
JI-71 |
| Judge
encouraging pro bono activities |
J-7 |
| Legal
advisor for organization |
J-2 |
| Letterhead
of organization |
J-1,A/O
83,A/O 102 |
| Model
in fashion show |
JI-71 |
| Prestige
of office |
J-1,A/O
101 |
| Pro
bono solicitation by judge |
J-7 |
| Securing
grants for charity |
A/O
31 |
| Sentencing
practices favoring certain charities |
JI-48,JI-55,JI-64 |
| Signature
of judge on letters |
J-1,A/O
83 |
| Soliciting
pro bono participation |
J-7 |
| Testimonial
honoring community leaders |
A/O
75 |
| Testimonial
honoring judge |
JI-49,A/O
95 |
| Witnesses
are associated with organization on which judge serves |
JI-66 |
--Disqualification
Issues
| Case
pending before judge involves issues of organization |
A/O
107 |
| Disqualification
from matters brought before judge |
J-1 |
| Investment
club membership by judge |
JI-119 |
| Judge
as member of investment club with lawyers |
JI-119 |
| Organization
litigating before judge member |
J-1 |
| Organization
litigating regularly in any court |
J-1 |
| Resignation
from board |
J-1 |
| Staff
of organization as witness before judge |
JI-66 |
--Fund raising
| Charitable
fund raising by judge |
JI-33,JI-48 |
| Charitable
fund raising by judge's organization |
JI-33 |
| Door
to door solicitation for charity |
JI-3 |
| Easter
Seals television show |
A/O
22 |
| Fund-raising
without personal solicitation |
A/O
54 |
| Host-hostess
at fund-raising event |
A/O
29 |
| Invitations
showing judge's name and office |
A/O
29 |
| Judicial
participation prohibited |
J-1,JI-3,JI-33,JI-49,JI-54,A/O
22 |
| Letterhead
for |
J-1,A/O
102 |
| NAACP
radiothon message |
JI-87 |
| Participating
in "lockup for charity" |
JI-125 |
| Separate
letter from judge accompanying solicitation letter |
A/O
101 |
| Setting "bail" for
charity event |
JI-125 |
| Signature
on solicitation letter |
J-1,A/O
83 |
| Solicitation
by third party for judge participation |
J-1 |
|
Solicitation
of funds by judge
|
J-1,JI-3,JI-33,JI-48
In
the Matter of Merritt, 431 Mich 1211 (1988)
|
| Solicitation
of other judges |
A/O
61 |
| Telephone
operator |
A/O
82 |
--Participation
in Activities
| AIDS
ribbon on judicial robes |
JI-68 |
| Attending
testimonial dinner held to honor judge |
JI-9,A/O
95 |
| Attorneys
asked to participate in pro bono activities |
J-7 |
| Debate
moderator |
A/O
23,A/O 63 |
| Debate
sponsored by political party-judge as moderator |
JI-121 |
| Endorsement
of pro-business or pro-union interests |
JI-52,JI-65 |
| Fund-raising
event |
JI-49,A/O
54 |
| Host-hostess
at fund-raising event |
A/O
29 |
| Investment
club membership by judge |
JI-119 |
| Invitations
to fund-raising event showing judge's name and office |
A/O
29 |
| Judge
as member of investment club with lawyers |
JI-119 |
| Judge
encouraging pro bono activities |
J-7 |
| Judge
participation in "lock up for charity" |
JI-125 |
| Judge
serving as moderator at debate |
JI-121 |
| Millage
participation by judge |
JI-116 |
| Political
party-sponsored debate-judge as moderator |
JI-121 |
| Pro
bono solicitation by judge |
J-7 |
| Reenactment
of cases and legal decisions |
A/O
77 |
| School
millage participation |
JI-116 |
| Setting "bail" for
charity event |
JI-125 |
| Solicitation
by third party for judge participation |
J-1 |
| Soliciting
funds by judge from other judges |
A/O
61 |
| Soliciting
memberships |
J-1,A/O
79 |
| Soliciting
pro bono participation |
J-7 |
| Soliciting
participation |
A/O
79 |
| Speeches |
A/O
48 |
| Sponsorship
of youth sports team |
JI-58 |
| Sports
event sponsorship |
JI-58 |
| Sports
event participation |
A/O
52 |
| Television
event for charity |
A/O
22,A/O 77 |
|
Union resolution
concerning plant closings, endorsed by
judicial officers
|
JI-52 |
Circumvention
of Ethics Rules
See Administration of Justice, Misconduct back
to list
| Advances
from operating account to avoid trust account |
RI-189 |
|
Agreement
to refrain from reporting lawyer misconduct
|
RI-88,RI-220,RI-232,RI-257
|
| Assignment
of unpaid client bill while representing client |
RI-159 |
| Associating
co-counsel to effectuate judicial recusal |
JI-44 |
| Conditioning
case referral on payment of referral fee |
RI-158 |
| Delaying
undertaking representation until conflict removed |
RI-239 |
| Delaying
withdrawal until conflict removed |
RI-139 |
| Failure
to disclose altered evidence |
RI-56 |
| Fugitive
client, representing in other matters |
RI-160 |
| Office
procedures which fail to safekeep property |
RI-92 |
| Practice
after suspension, duty to report |
RI-101 |
| Recusing
from case in order to pursue private interests |
RI-11 |
| Timing
of representation affecting applicability of conflicts
rule |
RI-139,RI-239 |
City
Attorney
See Corporation
Counsel, Government Lawyer, Prosecutors back
to list
Civility
--Judges
| Conduct
toward litigants and advocates |
In
the Matter of Del Rio, 400 Mich 665 (1977)
In the Matter of Frankel, 414 Mich 1109 (1982) |
| Hostility
toward attorneys |
In
the Matter of Mikesell, 396 Mich 517 (1976)
In the Matter of Frankel, 414 Mich 1109 (1982) |
| Personal
dislike for advocate |
JI-44 |
| Vulgar
and discourteous behavior |
In
the Matter of Bennett, 403 Mich 178 (1978)
In the Matter of Frankel, 414 Mich 1109 (1982)
In re Seitz, 441 Mich 590 (1993) |
Claims
| Administrative
claims pursued by nonlawyer employee |
RI-125 |
| Direct
contact with organization employees prior to litigation |
RI-39 |
| Legal
assistant pursuing administrative claims |
RI-125 |
Class
Actions
| Class
counsel as counsel for prospective class members |
RI-219 |
| Contacts
with prospective opt-out class members |
RI-219 |
|
Defendant
inside counsel responding to inquiries from prospective
class plaintiffs
|
RI-219 |
| Organizational
parties represented by inside counsel |
RI-219 |
| Relationship
between inside counsel and class counsel |
RI-219 |
Client
See also
Advice to Client, Attorney-Client Relationship, Decision-making Authority
of Client, Former Client back
to list
| Accepting
arbitration of attorney fees |
RI-2,RI-196 |
| Advancing court-imposed fines and costs |
RI-333 |
| Charging fees to answer grievance from
debtor |
RI-330 |
| Child
as "client" when lawyer hired by parent |
RI-140 |
| Corporate
employees as "party" |
R-2 |
| Corporate
entity as "client" |
RI-95 |
| County
as "client" of county corporation counsel |
RI-112 |
| Court-appointed receiver charging to
defend grievance |
RI-330 |
| Disabled
client, representing |
77
MBJ 1320 (Dec. 98) |
| Divorce
consultation triggering disqualification |
RI-048 |
| Employees
of corporation as "parties" |
R-2 |
| Estate
matters |
R-10,RI-156 |
| Fees
paid by third party |
RI-293 |
| Fines and costs advanced by law |
RI-333 |
| Former
corporate employees as "party" |
R-2,RI-120 |
| Guardian
as "client" |
RI-140,RI-176,RI-213 |
| Independent
judgment - fees paid by third party |
RI-293 |
| Initial
consultation triggering disqualification |
RI-048 |
| Insurance
representation |
RI-89 |
|
Lawyer retained
by a fiduciary represents the fiduciary and
not the beneficiaries or heirs
|
R-10,RI-156 |
| Lawyer
testifying concerning client's fees |
RI-299 |
| Legal
assistant's "client" is client of lawyer |
RI-125 |
| Minor
child under disability |
RI-140 |
| Missing
client, expense to locate |
RI-38,RI-67 |
| No-fault
representation, duties to medical providers |
C-226,RI-155 |
| Personal
representative of estate as "client" |
R-10,RI-156 |
| Prosecutor's "client" |
RI-183 |
| Receiver charging fees to defend grievance |
RI-330 |
| Recording
conversations with client |
RI-309 |
| Representing
client - issued support order as magistrate |
RI-288 |
| Representing
municipality |
RI-94 |
| Secretly
recording conversation |
RI-309 |
| Ward
as "client" |
RI-140,RI-213 |
Client,
Former
See Former
Client back
to list
Client
Misconduct
See Misconduct
back
to list
Client
Property
See also
Files of Clients, Liens, Record Retention, Safekeeping, Trust Accounts
back
to list
| Client's
right to representation file |
68
MBJ 856 (May 1989) |
| Conditioning
availability of file |
RI-86,RI-245 |
| Damage
to file beyond the control of lawyer |
RI-109 |
| Disbursements
client has not cashed |
RI-222 |
| Disposition
of client files by retiring lawyer |
RI-100 |
| Disposition
of client files by new judge |
RI-100 |
| Escheat
when unclaimed |
RI-38,RI-58 |
| File
is property of lawyer |
R-19 |
| Interview
note retention |
RI-240 |
| Lawyer
referral service file maintenance |
RI-178 |
| Medical
record retention |
RI-240 |
| Microfilm
in lieu of paper file |
R-12 |
| Missing
client, trust balance |
RI-38,RI-58 |
|
Notice regarding
disposition of closed representation files
|
R-12,RI-109,RI-178 |
| Ownership
of representation file |
R-19 |
| Prospective
clients, file material |
RI-240 |
| Record
retention plans |
R-5,R-12,RI-240,*70
MBJ 1018 (Oct 1991) |
| Retaining
lien |
RI-203,68
MBJ 856 (Sep 1989) |
| Returning |
70
MBJ 1196 (Nov 1991) |
| Security
interest |
RI-182 |
Code
of Judicial Conduct
| Applicable
to magistrates |
JI-10,JI-56,JI-77,JI-97 |
| Applicable
to referees |
JI-19,JI-45,JI-77,RI-1 |
| Applicable
to unemployment hearing officers |
JI-123 |
|
Prevails in
conflict with Michigan Campaign Financing Act
|
In the
Matter of Lawrence, 417 Mich 248 (1983)
|
Collections
See also
Commercial Law, Fees, Liens back
to list
| Action
against current client |
RI-159 |
| Assignments |
RI-159,
Bay County Bar Assn v Finance Systems Inc, 345 Mich 434 (1956) |
| Child
support arrearages |
RI-198 |
| Collection
agency as intermediary between lawyer and client |
RI-15 |
| Collection
agency operated by lawyer |
RI-198 |
| Interest
on unpaid client accounts |
MBJ
(Sept 97) |
| Lawyer
testifying concerning client's fees |
RI-299 |
| Percentage
of recovery arrangement |
RI-15 |
| Prosecutor
using outside firm to collect restitution |
RI-329
|
| Pursuing
fee award when client judgment unsatisfied |
RI-247 |
| Suing
current client |
RI-159 |
| Trust
account use by prosecutor |
RI-329 |
Commercial
Law
See also
Business Representation, Collections, Corporate Representation back
to list
| Assignment
of receivable while representing client |
RI-159 |
|
Clients brought
to firm by new lawyer conflict with interests
of firm's existing clients
|
RI-97 |
|
Credit card
arrangement between lawyer and credit company
for client fees
|
RI-168 |
| Documenting
sale between two clients |
RI-237 |
| Litigation
to collect overdue fee while still representing
client prohibited |
RI-159 |
| Representation
affecting client's ability to collect judgment |
RI-137 |
| Representation
which will affect assets available to satisfy former
client's judgment |
RI-137 |
| "Substantially
related" to divorce matter against same opponent |
RI-137 |
Commissions
See Public
Officials back
to list
Committee
on Professional and Judicial Ethics
See Ethics Committee back
to list
Communication
about Lawyer Services
See Advertising,
Contact with adjudicators, Contact with represented persons, Contact
with unrepresented persons, Contact with witnesses, Letterhead, Solicitation
back
to list
Communication
with Client
| Instructing
client to contact represented opposing party |
RI-171 |
| Recording
conversations with client |
RI-309 |
| Revealing
medical file to client |
RI-63 |
| Secretly
recording conversations |
RI-309 |
| Using "Honorable" in
letterhead |
RI-327 |
Compensation
[Judicial]
| Marriage
ceremonies |
A/O
33 |
| Mileage
expenses |
A/O
33 |
| Reporting
outside compensation |
JI-75,JI-80 |
| Scholarship |
JI-75 |
| Sale
of former practice |
JI-118 |
| Speaking
honorarium |
JI-80 |
Competence
See also
Malpractice back
to list
| Referring
case to another lawyer |
RI-116 |
| Rejecting
court appointment to represent client |
C-210 |
| Repeatedly
missing filing deadlines |
RI-149 |
| Withdrawing
from court-appointed representation |
C-210 |
Conduct
Prejudicial to Administration of Justice
See Administration
of Justice back
to list
Confidences
See Attorney-Client Privilege, Reporting Duties, Secrets
back
to list
--Circumstances
| Access
to computer records by technical support personnel |
RI-328 |
| Appeal
in criminal matter |
RI-273 |
| Benefit
to another client |
RI-57,RI-239 |
| Client
as witness in unrelated case |
RI-239 |
| Client
behavior |
RI-261 |
| Client
information to legal services corporation |
RI-311 |
| Computer-stored
information access by technical support |
RI-328 |
| Judge
asked for privileged information concerning former client |
JI-32 |
| Grievance
proceedings, waiver to defend lawyer |
RI-84 |
| Inevitable
breach of confidence of former client |
RI-35 |
| Information
from opposing party about client misconduct |
RI-217 |
| Initial
interview by nonlawyer employee |
RI-123 |
| Joint
client confidences |
RI-287 |
| Judge
board member of organization appearing before |
JI-38,A/O
45 |
| "Loan" purportedly
to conceal marital assets from former client |
RI-217 |
| Office
sharing with spouse |
RI-118 |
|
"Possibility" of breach
of confidence triggers disqualification
|
RI-35 |
|
Questioning
of friend in criminal matter
|
RI-62 |
| Recording
conversations with client |
RI-309 |
| Screening
of transferring lawyer |
R-4 |
| Secret
litigation settlement |
77
MBJ 950 (Sept 1998) |
| Secretly
recording conversations |
RI-309 |
| Technical
support personnel access to computer records |
RI-328 |
| Transferring
lawyer |
R-4,RI-285 |
| Transferring
nonlawyer |
RI-115,RI-284 |
| Wrongful
discharge suit, lawyer employee |
*74
MBJ 54 (Jan 1995) |
--Disclosure
and Use
| Alleged
fraud on former client |
RI-217 |
| Client
behavior |
RI-261 |
| Client
misconduct, lawyer duties |
72
MBJ 198 (Feb 1993) |
| Contents
of client's medical file |
RI-63 |
|
Deposition
concerning privileged information
|
JI-32,RI-106
*69 MBJ
551 (Jun 1990) |
| Disclosure
of client information to credit reporting agency |
RI-335 |
| Disclosure
of client information to legal services corporation |
RI-311 |
| Guardian
ad litem report to court |
RI-318 |
| Joint
client confidences |
RI-287 |
| Legal
services corporation disclosing client information |
RI-311 |
| Perjury |
RI-13,RI-151 |
| Preparing
written guardian ad litem report to court |
RI-318 |
| Privileged
information concerning lawyer misconduct |
RI-314 |
| Regulatory
authority, disclosure of information to |
RI-111 |
| Reporting
cash transactions over $10,000 |
RI-54 |
| Reporting
client information to legal services corporation |
RI-311 |
| Reporting
lawyer misconduct |
RI-314 |
| Report
to court on representation as guardian ad litem |
RI-318 |
| Revealing
client information to lawyer's spouse |
RI-62 |
| Secret
litigation settlement |
77
MBJ 950 (Sept 1998) |
| Settlement
terms including promise not to file grievance |
RI-220,RI-232 |
| Subpoena
for privileged information |
JI-32,RI-106 |
| Subsequent
representation of unrelated client |
RI-248 |
--Protecting
| Access
to information about client of former firm |
R-4 |
| Client's
former proceeding |
RI-273 |
| Computer
information shared with technical support personnel |
RI-328 |
| Government
program advocate |
RI-103 |
| Legal
services plan participation |
RI-210,RI-223 |
| Privileged
information concerning lawyer misconduct |
RI-314 |
| Technical
support personnel access to computer file |
RI-328 |
| Transferring
lawyer's duty to protect |
R-4 |
| Wrongful
discharge suit, lawyer employee |
*74
MBJ 54 (Jan 1995) |
--Scope
| Communications
to corporate counsel |
R-2 |
| Duty
to disclose continues after lawyer is discharged |
RI-72 |
| Former
client |
RI-35,RI-207 |
|
Inevitable
disclosure resulting from scope of prior
representation
|
RI-35 |
| Information
from opposing party about client misconduct |
RI-217 |
| Information
from opposing counsel about client misconduct |
RI-220 |
| Information
in settlement negotiations |
RI-217,RI-220,RI-232 |
| In
house counsel giving recommendations to CEO |
RI-300 |
| Materiality
of information |
RI-273 |
| Nonlawyer
agents of lawyer's business |
RI-190,RI-191 |
| Nonlawyer
employees, duty to protect |
R-4,RI-104,RI-123 |
| Opposing
party alleging fraud of client |
RI-217 |
|
Presumption
that former partner has access to
client information
|
R-4,RI-8 |
| Prospective
client consultation |
RI-154 |
| Settlement
terms including promise not to file grievance |
RI-220,RI-232 |
| Subordinate
lawyer disclosing information to supervising lawyer |
RI-300 |
| Supervising
lawyer who is subject to review by subordinate lawyer |
RI-300 |
| Transferring
lawyers |
R-4,RI-285 |
| Transferring
nonlawyers |
RI-115,RI-284 |
| Waiver
to defend lawyer in grievance proceedings |
RI-84 |
--Type of information
| Access
to computer records by technical support personnel |
RI-328 |
| Accounts
receivable pledged for bank loan |
RI-77 |
| Address
of former client |
RI-207 |
| Client
behavior |
RI-261 |
| Client
identity |
RI-54,RI-77,RI-133,RI-186 |
| Client
location |
RI-160 |
| Client's
confession of crime |
RI-72 |
| Client
tailoring testimony in exchange for compensation |
RI-138 |
| Computer-stored
information access by technical support |
RI-328 |
| Disabled
client |
*69
MBJ 943 (Sep 1990) |
| Employee
home addresses of client |
R-2 |
| Fact and amount of unpaid bill |
RI-335 |
| Fees |
RI-54,RI-77,RI-133,75
MBJ 822 (Aug 1996) |
| Fees
over $10,000, reporting to IRS |
RI-54 |
| Fraud
information from opposing party |
RI-217 |
| Guardian
ad litem report to court |
RI-318 |
| Identity
of client |
RI-54,RI-77,RI-133 |
| Inconsistent
testimony of client |
RI-33 |
| Initial
interview by nonlawyer employee |
RI-123 |
| Internal
investigative information used in management proceeding |
RI-47 |
| Lawyer
misconduct |
RI-314 |
| Location
of fugitive client |
RI-160 |
| Marital
assets allegedly concealed |
RI-217 |
| Materiality
of information |
RI-273 |
| Medical
file of client |
RI-63 |
| Prospective
client consultation |
RI-154 |
| Questioning
of friend in criminal matter |
RI-62 |
| Report
to court on guardian ad litem duties |
RI-318 |
| Settlement
terms including promise not to file grievance |
RI-220,RI-232 |
| Suitability
of guardian to serve |
RI-62 |
| Using
one client's information for another client |
JI-77,JI-97,RI-57 |
Conflict
of Laws
|
Multistate
practice, conflicting ethics rules
|
RI-70,
71 MBJ
1300 (Dec 1992)
|
| Referring
cases across state lines |
RI-122,RI-199 |
| Trust
account rules of different states conflict |
RI-70 |
Conflicts
of Interest
See also "Disinterested Lawyer" Standard, Disqualification, Dual Practice, Former
Client, Imputed Disqualification, Independent Professional Judgment,
Multiple Representation, Personal Relationships, "Personal and Substantial
Participation", "Substantially Related" Representation, Witnesses back
to list
For a good basic
primer on conflict of interests, see "Conflicts of Interest"
by John W. Allen: 78 MBJ 60 (Jan 1999) and 78 MBJ 180 (Feb 1999)
--Client Consent
| Advance
consent to future conflicts invalid |
RI-183 |
| Client
as witness in unrelated case |
RI-239 |
| Client
should not agree to representation |
RI-25 |
| Consent
of clients insufficient |
RI-108,RI-111 |
| Consent
of clients required |
R-14,RI-172 |
| Disabled
client |
RI-76,RI-176 |
| Fees
paid third party |
RI-293 |
| Forcing
settlement on incompetent client |
RI-76 |
| Former
client consent to new representation |
RI-35 |
| Government
client waiving outside counsel conflict |
RI-267 |
| Inside
counsel handling waiver for client entity |
RI-267 |
| Insurer
retaining lawyer for insured |
RI-89 |
| Multiple
clients, accepting mediation award |
RI-134 |
--Current Client
Interest
| Advancing
costs through venture capital company |
RI-321 |
| Adverse
effect on current client |
RI-25 |
| Against
firm with referral arrangement with lawyer |
RI-294 |
| Agreement
with venture capital company |
RI-321 |
| Assignment
of collection case while still representing client |
RI-159 |
| City
attorney acting as state hearing officer |
RI-129 |
| Client
should not agree to representation |
RI-25 |
| Client
suing lawyer for malpractice |
RI-25 |
| Conflicting
matter concluded prior to withdrawal, effect of |
RI-139 |
| Contingent
fee - sharing with health care provider |
RI-304 |
| Consolidation
of conflicting cases on appeal |
RI-108 |
| Cross-examination
of client in unrelated matter |
RI-218,RI-239 |
| Disabled
client, seeking protective order against |
RI-76,RI-176 |
| Disclosing
personal relationship with opposing counsel or judge |
J-6,R-3 |
| "Disinterested
lawyer" standard of judgment |
RI-25,RI-66,RI-80,RI-108,RI-111,RI-172,RI-176,RI-239 |
| Dispute
among clients on acceptance of mediation award |
RI-134 |
| Divorce
consultation triggering disqualification |
RI-048 |
| Effect
of conclusion of conflicting matter |
RI-139 |
| Effect
of screening to cure conflict | |
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