Michigan Ethics Opinions Index

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Michigan Ethics Opinions Index

Page 1 2 3 4 5 6

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
See also 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	Michigan Ass'n of Policy v. City of 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	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-20
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 of Judges
See Commissions
See Corporations
See Financial Interests
See Extrajudicial Activities
See Public Official
back to list

Business Interests
See also Ancillary Services
See also Dual Practice
See also Extrajudicial Activities
back to list

—Judge

Advancing business interests of others	JI-13, JI-52, JI-65, A/O 47, A/O 97, JI-137
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
Host of cable television show	JI-137
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, 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, 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, RI-354
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
Security interest in trust res to secure fees	RI-357
Trust kit sales	RI-325
Using door-to-door salespeople as agents	RI-325

Business Representation
See also Commercial Law
See also 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
Lawyer representing organization has duty to communicate about acts or intentions	RI-345
Seminar to identify similar claimants	RI-81

Cameras in the Courtroom

Supreme Court permission required

A/O 30

Campaign Funding, Judicial
State Bar Membership Services offers a booklet on this topic.
See also Campaign Practices
See also Candidates
See also Disposition of Judicial 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	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	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, Matter of Lawrence, 417 Mich 248 (1983)
Retiring campaign debts	JI-7, JI-63, A/O 71
Return of excess funds	Matter of Lawrence, 417 Mich 248 (1983)
Solicitation by candidate prohibited	JI-1, A/O 24, 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 Membership Services offers a booklet on this topic.
See also Advertising
See also Campaign Funding, Judicial
See also Candidates
See also 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
See also Campaign Funding, Judicial
See also 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, 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 also Administration of Justice, Conduct Prejudicial to
See also 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
Cannot request separate checks for lawyer and client to avoid trust account requirements	R-21
Cannot skirt rules by retaining collection agency to report nonpaying client to credit-reporting agency	RI-335
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
See Government Lawyer
See Prosecutors
back to list

Civility

—Judges

Conduct toward litigants and advocates	Matter of Del Rio, 400 Mich 665 (1977), Matter of Frankel, 414 Mich 1109 (1982)
Hostility toward attorneys	Matter of Mikesell, 396 Mich 517 (1976), Matter of Frankel, 414 Mich 1109 (1982)
Personal dislike for advocate	JI-44
Vulgar and discourteous behavior	Matter of Bennett, 403 Mich 178 (1978), 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, RI-360
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
See also Attorney-Client Relationship
See also Decision-making Authority of Client
See also 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 1998)
Divorce consultation triggering disqualification	RI-48
Duties owed to pro se litigant assisted by lawyer	RI-347
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-48
Insurance representation	RI-89
Lawyer retained by a fiduciary	R-10, RI-156, RI-342, RI-350
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
Unbundling legal services delivered to pro se litigant as client	RI-347
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 Client
See also Liens
See also Record Retention
See also Safekeeping Client Property
See also 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	Matter of Lawrence, 417 Mich 248 (1983)

Collections
See also Commercial Law
See also Fees
See also Liens
back to list

Action against current client	RI-159
Assignments	RI-159, Bay County Bar Ass'n v. Finance System, 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	76 MBJ 986 (Sep 1997)
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
Reporting unpaid bills to credit reporting agency permissible only under certain conditions	RI-335
Suing current client	RI-159
Trust account use by prosecutor	RI-329

Commercial Law
See also Business Representation
See also Collections
See also 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 Official
back to list

Committee on Professional and Judicial Ethics
See Ethics Committee
back to list

Communication about Lawyer Services
See Advertising
See Contact with Adjudicators
See Contact with Represented Persons
See Contact with Unrepresented Persons
See Contact with Witnesses
See Letterhead
See Solicitation
back to list

Communication with Client

Duty to communicate with organizational client about officer’s acts or intentions	RI-345
Duty to communicate limitation in scope of representation to pro se litigant client	RI-347
Instructing client to contact represented opposing party	RI-171
Nonlawyer assistant communication with client on lawyer's behalf	RI-349
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]

Honorarium for serving as host of commercially-sponsored program	JI-137
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

Fixed fee arrangement does not abrogate duty of competence	RI-343
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, Conduct Prejudicial to
back to list

Confidences
See also Attorney-Client Privilege
See also Reporting Duties
See also 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
Lawyers for insureds can be housed in insurance company offices	RI-338
"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 (Sep 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)
Content and fact of unpaid legal bills are confidential information	RI-335
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 (Sep 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
Content and fact of unpaid legal bills are confidential information	RI-335
Government program advocate	RI-103
Lawyer must not reveal client confidences to lawyer’s lending institution	RI-336
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
See also Disqualification
See also Dual Practice
See also Former Client
See also Imputed Disqualification
See also Independent Professional Judgment
See also Multiple Representation
See also Personal Relationships
See also "Personal and Substantial" Participation
See also "Substantially Related" Representation
See also Witnesses
back to list

See Conflicts of Interest—The Basics, 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-20, RI-172, RI-358
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
Limited scope of representation, consent to	RI-358
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 seeks to impose conditions on granting a waiver of conflicts of interest	RI-358
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, RI-358
Dispute among clients on acceptance of mediation award	RI-134
Divorce consultation triggering disqualification	RI-48
Effect of conclusion of conflicting matter	RI-139
Effect of screening to cure conflict	R-4, RI-139, RI-172
Environmental clean up site	R-16
Government lawyer also representing tax assessors	RI-307
Grievance filed by current client	RI-84, 70 MBJ 698 (Jul 1991)
Judge as client conflicting with duties to other clients	R-20
Initial consultation triggering disqualification	RI-48
Insurance benefits of client shared with others	RI-304
Insurance representation	RI-89
Insurer retaining lawyer for insured	RI-89
Lawyer/advocate as witness in will contest	RI-21
Lawyer paying client's surety	RI-65
Lawyer-legislator represents municipal clients	RI-331
Lawyer-witness against firm client	RI-21
Legal services agency conducting pro se clinic	RI-301
"Materially limited" representation	JI-77, JI-97, RI-176, RI-177
Medical provider client disputing bill with unrelated client	RI-215
Multiple clients	RI-47, RI-172, RI-176
Multiple clients, accepting mediation award	RI-134
Multiple clients, county and county sheriff	RI-96
Multiple clients, discharged from representing all	RI-111, RI-176
Multiple clients, discharged from representing some	RI-98, RI-172
Multiple clients, environmental clean up site	R-16
Multiple clients, lienors and personal representative	RI-155
Multiple clients, municipality and tax assessors	RI-307
Multiple clients, proceeds distribution	R-10
Multiple clients, ward and guardian	RI-176
Multiple clients, withdrawal from representing all	RI-108, RI-111
Multiple clients, wrongful death action	R-10
Municipal clients-lawyer-legislator representing	RI-331
Municipality and internal board	RI-47
Municipality, representing county and tax assessors	RI-307
No-fault claim, dispute concerning medical bill	RI-155
Nonlawyer employee witness in will contest	RI-21
Performing both prosecutor and defense functions	R-13
Personal relationship with client	68 MBJ 518 (Jun 1989)
Personal relationship with judge	J-6, R-3
Personal relationship with opposing counsel	R-3
Personal representative as claimant and as fiduciary	R-10, RI-79
Potential conflicts	R-16
Pro se clinic conducted by legal services agency	RI-301
Prosecutor as advisory deputy sheriff	RI-96
Prosecutor providing services to Department of Social Services	RI-183
Prosecutor providing legal advice to sheriff's department	RI-96
Prospective client directly adverse	RI-66, RI-358
Public defender may ethically establish separate offices to represent defendants with adverse interests	RI-334
Real estate referral for fee	RI-146
Referral and acceptance of referral fee	RI-116
Referral arrangement with firm—new claim	RI-294
Representing bargaining unit in salary negotiations when members are adverse witnesses in unrelated case	C-215
Representing client—issued support order as magistrate	RI-288
Screening does not cure	RI-139, RI-172
Sharing contingent fee with health care provider	RI-304
Special prosecutor appointments of private practitioners	C-225
Suing current client for fees	RI-159
Tactical motions for disqualification	RI-287
Testimony inconsistent with client's interests	RI-21
Timeliness of withdrawal	RI-139
Timing of representation affecting applicability of rule	RI-239
Transferring lawyer bringing conflicting clients to firm	RI-97
Using confidences	RI-239
US Army Legal Assistance providing legal assistance to soldiers and spouses	RI-172
Venture capital company advancing funds	RI-321
Waiver in advance does not vitiate conflict	RI-183
Withdrawal required upon discovery	RI-139
Wrongful death proceeds distribution	R-10

—Former Client Interest

Adverse to former client's recovery	RI-137, RI-174
Beneficiary under will	RI-80
City attorney presiding as hearing officer in matters related to city client's insurer	RI-129
Collecting fee award when client judgment unsatisfied	RI-247
Confidences used to disadvantage of former client	RI-53, RI-174, RI-176, RI-248
Conflict screening	R-4, 70 MBJ 440 (May 1991)
Conflict when relevant confidences not used	RI-248
Consent to new representation	RI-35
Constant interaction with former client on behalf of new client	RI-35
Defense contract bid by former prosecutor	RI-253
Discrimination suit against company lawyer formerly represented in discrimination suit	RI-192
Duty to protect client's recovery	RI-137, RI-174
Extensive knowledge of former client may trigger disqualification	RI-35
Former corporate client	RI-35
Former inside counsel representing client against corporation	RI-35
Former inside counsel representing party in dealings with former employer	RI-35
Good faith basis to believe relevant confidences were shared	RI-53
Inevitable breach of confidence of former client	RI-35
Limitations on scope of future employment	RI-35
Nonpublic information relevant to subsequent case	RI-248
Personal representative's personal interests conflict with duties of fiduciary	R-10, RI-80
Presumption of access to confidential information	R-4, RI-183
Previous employment for opposing party	R-4
Previous employment with opposing firm	R-4
Previous representation of opposing party	RI-183
"Possibility" of breach of confidence triggers disqualification	RI-35
Prior divorce, current wrongful death action	RI-53
Property in dispute was awarded to former client	RI-174
Pursuing fee award when client judgment unsatisfied	RI-247
Real estate claim against former client's property settlement	RI-248
Representation adverse to former corporate client	RI-35, RI-192
Representing witness from former client's proceeding	RI-41
Representing officer against former client	RI-95
Screening from case	R-4, RI-97, 70 MBJ 72 (Jan 1991)
Screening from fee	R-4, 70 MBJ 72 (Jan 1991)
"Substantially related" matter	RI-35, RI-46, RI-48, RI-137
Subsequent representation depleting assets available to pay client's judgment	RI-137
Timing of representation affecting applicability of rule	RI-239
Transferring lawyer bringing clients to firm	RI-97
Tribal court prosecutor representing criminal defendants in other courts	R-13
Using confidences	RI-53

—Judicial Conflicts

Acquaintance with witness	JI-57, JI-61, JI-62, A/O 36
Attending MADD vigil when hearing drunk driving cases	A/O 100
Business interests	J-3, J-6
Campaign opponent appearing before	J-6, JI-23, JI-96, RI-52, A/O 103
Charitable/civic activities	J-1
Disclosure when campaign worker appears as advocate before candidate	JI-79
Disqualification motions	75 MBJ 934 (Sep 1996)
Divesting real estate	JI-6
Employment negotiation	JI-35, RI-11
Financial arrangement with advocate	J-4, J-6, JI-6, JI-20, JI-35, JI-37, JI-40
Investment club membership by judge	JI-119
Judge as member of investment club with lawyers	JI-119
Law firm of part-time magistrate	JI-114
Lawyer of judge appearing before judge in unrelated matter	J-5, J-6, JI-39, JI-43, R-20
Part-time probate judge, private practice	JI-42
Part-time magistrate—practice of law	JI-114
Part-time referee, participated in matter as lawyer	JI-29, RI-1, A/O 93, A/O 111
"Personal and substantial" participation in matter in prior position	J-4, J-6, JI-34, RI-11
Personal lawyer of judge appearing before judge in unrelated matter	J-5, J-6, JI-39, JI-43, R-20
Personal relationship with advocate	J-6, R-3, 68 MBJ 518 (Jun 1989)
Professional relationship with advocate	J-4, J-6, J-5, J-6, JI-6, JI-29, JI-35, JI-39, R-15, A/O 80
Relationship to matter	J-4, J-6, JI-29, JI-34, RI-1, RI-249, A/O 17
Relationship with party	J-4, J-6, JI-44, R-3, 68 MBJ 518 (Jun 1989)
Remittal	J-6
Spouse of judge is assistant prosecutor	JI-101, JI-132 , JI-133
Witness acquainted with presiding judge	JI-57, JI-61, JI-62, A/O 36

—Law Firm's Interest

Conflicts involving nonlawyer employees	71 MBJ 826 (Aug 1992)
Employee conflict	71 MBJ 826 (Aug 1992)
Insurance company which regularly forwards business as adverse party in unrelated case	C-234
Judge as client conflicting with duties to other clients	R-20
Lawyer-legislator member of firm representing municipal clients	RI-331
Legislator is member of law firm suing state agency	RI-306
Legislator’s firm representing municipal clients	RI-331
"Of counsel" fiduciary duties impute to firm	RI-237
Representing client before state agency law firm member is legislator	RI-306
Representing union while secretaries voting to become unionized	RI-60
Tactical motions for disqualification	RI-287
Transferring nonlawyer employee results in imputed disqualification	RI-115, RI-284, RI-285
Union client organizing law firm's staff	RI-60

—Lawyer's Own Interest

Advancing costs through venture capital company	RI-321
Agreement not to report lawyer misconduct	RI-88, RI-220, RI-232, RI-257
Agreement with venture capital company	RI-321
Ancillary ADR business	RI-263, RI-275
Attorney fee as part of case resolution	C-235
Client in dispute with person referring case to lawyer	RI-215
Client suing city council—lawyer also member	RI-292
Criminal appeal representation—lawyer now prosecutor	RI-295
Defense lawyer's spouse testifying on behalf of prosecution	RI-242
Forcing settlement on incompetent client	RI-76
Grievance filed by current client against lawyer	RI-84
Judicial candidate	RI-52
Lawyer for school employee union serving as school faculty	RI-279
Lawyer for school employee union serving as employment dispute mediator	RI-279
Lawyer paying client's surety	RI-65
Lawyer as member of council suing council	RI-292
"Of counsel" fiduciary duties impute to firm	RI-237
Personal representative's interests conflict with interests of lawyer's employer	RI-79
Presiding judge in matter is campaign opponent	JI-23, JI-96, RI-52, A/O 103
Prosecutor renting office space from defense lawyer	RI-82
Prosecutor's spouse as defense lawyer	RI-228
Representing client against city council—lawyer or council	RI-292
Representing client suing advocate for malpractice in unrelated matter	RI-25
Representing customer of own nonlaw business	RI-5
Representing insured on fixed fee basis not per se conflict between client and lawyer’s own interests	RI-343
Revealing confidences to lawyer's spouse	RI-62
Reviewing title issued by own company	RI-5
Special prosecutor appointments of private practitioners	C-225
Spouse becomes member of Board being sued	RI-289
Strike by lawyers affecting representation	C-224
Testimony of lawyer consistent with client's interests	RI-136
Venture capital company advancing funds	RI-321

—Third Party Interest

Campaign contribution to prosecutor from relative of defendant	RI-23
Client adverse to referral to participating legal services lawyer	RI-230
Client in dispute with person referring case to lawyer	RI-215
Commissioner appearing before local courts within budget control	R-15
Commissioner/lawyer examining witness deputy sheriffs in unrelated matter, when commissioner has budget control over sheriff	R-15
Commissioner representing indigent defendants	R-15
Commissioner serving as township attorney	C-214
Contingent fee—sharing with health care provider	RI-304
Conflicts involving nonlawyer employees	71 MBJ 826 (Aug 1992)
County commissioner may not represent clients against housing authority	RI-126
Disclosure when campaign worker appears as advocate before candidate	JI-79
Duties to administration of justice when client is fugitive	RI-160
Duties to law firm	RI-37
Duties to public office	C-241, R-15, RI-22, RI-126, RI-180, RI-236
Employee conflict	71 MBJ 826 (Aug 1992)
Firm of commissioner representing clients before commission	C-241, RI-22, RI-180, RI-236
Firm of legislator suing state agency	RI-306
Government lawyer also representing tax assessors	RI-307
Insurance company which regularly forwards business as adverse party in unrelated case	C-234
In house counsel giving recommendations to CEO	RI-300
Insurance benefits of client shared with others	RI-304
Judge client conflicting with duties to other clients	R-20
Law firm member serves on client's board	RI-136
Law firm of member appearing before member	C-241, RI-22, RI-180, RI-236
Law firm appearing before subordinate board	C-241, RI-22, RI-126, RI-180
Lawyer for municipality related to mayor	RI-94
Legal services referral adverse to agency client	RI-230
Medical provider in bill dispute with client	RI-215
Multiple client, municipality and tax assessors	RI-307
Parent's interest in representation of minor child	RI-140
Prosecutor serving on community corrections board	RI-208
Representing client before state agency where law firm member is legislator	RI-306
Representing client on unrelated matters when client is fugitive	RI-160
Representing client which will result in liability of partner	RI-37
Representation adverse to current employer	RI-80
Sharing contingent fee with health care provider	RI-304
Special prosecutor appointments of private practitioners	C-225
Subordinate lawyer disclosing information to supervising lawyer	RI-300
Supervising lawyer who is subject to review by subordinate lawyer	RI-300

—Transferring Between Employment

Defense lawyer becoming prosecutor	RI-152
Defense lawyer joining plaintiff's firm	R-4
Nonlawyer transferring after becoming lawyer	RI-285
Transferring nonlawyer employee results in imputed disqualification	RI-115, RI-284

Contact with Adjudicators

Communication with court on substantive matters	RI-243
Communication with court personnel	JI-134
Copying opposing counsel	RI-243
Disqualification of attorney spouses	R-3
Disqualification of judge without contacting opposing counsel	JI-83
Disqualification of judge spouse of advocate	J-6, R-3
Ex parte contact with presiding judges	75 MBJ 1192 (Nov 1996)
Judge dating party appearing before judge	Matter of Templin, 432 Mich 1220 (1989)
Judge seeking ethics opinion concerning a matter pending before the judge	JI-8
Judicial misconduct	Matter of Jenkins, 437 Mich 15 (1991)
In camera inspection of brief without copy to opposing counsel	JI-85
Lawyer as court employee handling juvenile matters	JI-50
Lawyer asked to draft judge's opinion	RI-195
Lawyer communicating with court on substantive matters	RI-243, 75 MBJ 1192 (Nov 1996)
Letters to court copying opposing counsel	RI-243, 75 MBJ 1192 (Nov 1996)
Off the record case updating	RI-243
Prejudice to case when hearing officer exposed to data outside the official record	RI-166
Pretrial services information copying presiding judge	RI-243
Prosecutor's pro bono appearance as public official	RI-283
Prospective opposition to filed motions	Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979)
Prospective subpoena of witnesses	Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979)
Reciprocal duty of lawyers and judges	75 MBJ 1192 (Nov 1996)
Reporting improper contacts	JI-85, RI-195
Scheduling questions	Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979)
Seeking judicial recusal without contacting opposing counsel	JI-83

Contact with Represented Persons
See also Advice to Client
See also Advice to Third Person
See also Witnesses
back to list

Acts or omission of employee imputed to organization	RI-120
Attorney proceeding pro se	70 MBJ 571 (Jun 1991)
"Authorized by law" contact	75 MBJ 170 (Feb 1996)
Class members contacting defendant's inside counsel	RI-219
Client contacting opposing party	RI-156
Contact "authorized by law"	75 MBJ 170 (Feb 1996)
Contact with FIA caseworker	RI-316
Contact with employees present when alleged conduct occurred	R-2
Contact with former employees of hospital	R-2
Contact with non-managerial employees of hospital	R-2
Contact with party employees pursuant to court order	RI-42
Contacting by letter with copy to lawyer	RI-322
Copy of letter to lawyer after contact with party	RI-322
Corporation as "party"	R-2
Co-workers of discharged employee	RI-44
Counsel requests employees not to discuss litigation	R-2
Defense counsel communicating with prospective opt-out class plaintiffs	RI-219
Duty to report improper contact	RI-145
FIA caseworker contact in probate court matter	RI-316
FOC investigator who is attorney	JI-129
Former corporate employees	R-2, RI-120, 71 MBJ 425 (May 1992)
Inside counsel contacted by client of outside counsel	RI-267
Investigators' conduct imputed to lawyer	RI-153
Lawyer/party proceeding pro se	70 MBJ 571 (Jun 1991)
Letter sent to party with copy to lawyer	RI-322
Lower level corporate employees	R-2, RI-120
Negotiating settlement with represented party	RI-145
Nonparty indemnitor	RI-113
Organization generally represented by inside counsel	RI-39
Party attorney contacting adverse party	71 MBJ 425 (May 1992)
Prior to litigation	RI-39
Referee/attorney questing party	JI-129
Remedies for improper contacts	73 MBJ 826 (Aug 1994)
Reporting improper contacts	RI-145
Restricting communication by employees	R-2
Settlement contacts between parties	RI-156

Contact with Unrepresented Persons

Clarifying lawyer's role to interested persons	R-10, RI-156
Class members contacting defendant's inside counsel	RI-219
Contact with FIA worker in probate court matter	RI-316
Contact with nonparty indemnitor during litigation	RI-113
Contact with organization employees to investigate	RI-39, RI-44, 71 MBJ 425 (May 1992)
Contact with organization employees to resolve dispute	RI-39
Defense counsel in class action communicating with prospective opt-out class plaintiffs	RI-219
FIA worker contacted in probate court matter	RI-316
Indemnitor	RI-113
Inside counsel contacted by client of outside counsel	RI-267
Lawyer/party proceeding pro se	70 MBJ 571 (Jun 1991)
Prior to litigation	RI-39
Pursuant to court order	RI-42
Resolving claim prior to litigation	RI-39

Contact with Witnesses
See Advice to Third Person
See Discovery
See Witnesses
back to list

Contingent Fee
See also Division of Fees
See also Fees
back to list

—Calculation

Adjusted by court	RI-162
Apportioning trust account interest among successive lawyers	RI-64
Client pays greater of two calculations	RI-6
Court awarded sanctions	RI-303
Court awarded fees	Bennett, et al v. Weitz et al (Dec 1996), 73 MBJ 1085 (Oct 1994)
Criminal case fee adjusted by results, prohibited	RI-286
Disputed fees—court awarded sanctions	RI-303
Divorce case, "results obtained" or "value added" provision	RI-346
Hourly or percentage rate, whichever greater	RI-6
Installment recovery, calculating fee from	RI-162
Limitation on total lawyer fees under	R-11, RI-175
Mediation sanctions	Bennett, et al v. Weitz et al (Dec 1996), 73 MBJ 1085 (Oct 1994)
Mixed hourly/percentage rate	RI-6, RI-114
Percentage fee for partial representation	RI-175
Percentage more than one-third of recovery	RI-175
"Quantum meruit" calculation of fee	R-11, RI-30, 68 MBJ 856 (Sep 1989)
"Recovery" for calculation of fee	RI-162, RI-175
Sanctions ordered by court—division with client	RI-303
Surcharges, adding to client's bill over lawyer's actual cost	RI-241
Suspended lawyer, calculation of division of fee	RI-19, RI-30, RI-270
Written fee agreement—court awarded sanctions	RI-303

—Counseling

Advising of other fee arrangements	RI-17
As only fee arrangement available	RI-17
Duty to take appeal when agreement silent	R-11
Out-of-state attorney, dividing fee with	RI-122
Written agreement necessary	R-11, RI-162

—Nonlaw services

Financial counseling	RI-73
Independent marketing firm, terms of payment	RI-104
Marketing arrangement requiring	RI-17
Referral service, portion of fee to pay	RI-32

—Terms

Ambiguous about payment of fee from installment recovery	RI-162
Ambiguous about scope of representation	R-11
Court awarded sanctions	RI-303
Burden on lawyer to prove terms	R-11, RI-162
Contingent fee—sharing with health care provider	RI-304, RI-342, RI-350
Disputed fees—court awarded sanctions	RI-303
Divorce case, "results obtained" or "value added" provision	RI-346
Insurance benefits of client shared with others	RI-304
Out-of-state attorney, dividing fee with	RI-122
Re-negotiating contingency fee agreement	RI-308
Reviewable by court	RI-162
Sanction ordered by court—division with client	RI-303
Sharing contingent fee with health care provider	RI-304
Written agreement necessary	R-11, RI-162, RI-241
Written fee agreement—court awarded sanctions	RI-303

—Types of legal representation

Alimony, collection of past due	RI-28
Appeal, agreement silent concerning fee	R-11
Appeal, charging additional fee for	R-11
Assault and battery between spouses	RI-181
Civil forfeiture	RI-269
Criminal cases, prohibited	RI-286
Domestic relations matters	RI-28, RI-127, RI-181, RI-198, RI-204, RI-221, RI-346
Escheated funds	RI-193, RI-359
Forfeiture actions	RI-269
Percentage fee for partial representation	RI-175
Probate and wrongful death action representation	RI-114
Renegotiated settlement, percentage fee available	RI-175
Scope of representation affects fee	R-11, RI-175
Set aside divorce judgment for fraud	RI-127
Unavailable for escheated funds	RI-193
Unavailable if no "contingency"	RI-193

Cooperation with Discipline Authorities
See also Discipline
See also Misconduct
See also Reporting Duties
back to list

Arbitration as substitution for grievance	RI-196
Disciplined lawyer, duty to report misconduct	RI-101
Duty to report misconduct	C-229, JI-26, RI-29, RI-88, RI-101, RI-145, RI-149, RI-220, RI-232
Judge's duty to report lawyer misconduct	RI-88
Law student misconduct, duty to report	RI-29
Lawyer misconduct, duty to report	C-229, RI-88, RI-101, RI-220, A/O 44
Misconduct information obtained from client representation	RI-232
Reporting law student activity	RI-29
Reporting unethical conduct	C-229, JI-26, RI-29, RI-88, RI-220, RI-101, RI-145, RI-149
Respondent's Check List	74 MBJ 692 (Jul 1995)
Unauthorized practice of law, duty to report	JI-26, RI-101

Corporate Representation
See also Business Representation
See also Commercial Law
See also Contact with Represented Persons
See also Public Corporation Law
back to list

Class members contacting defendant's inside counsel	RI-219
Contact with former corporate employees by opposing counsel	R-2, RI-120, 71 MBJ 425 (May 1992)
Corporate counsel, licensed in another state but based in Michigan	71 MBJ 555 (Jun 1992)
Corporate entity as "client"	RI-95, RI-111
Corporate officers representing corporation	69 MBJ 1007 (Oct 1990)
Corporation and corporate employees with conflicting interests	RI-111
Employee conduct imputed to lawyer	RI-153
Fixed legal fees	RI-50
Inside counsel communicating with prospective opt-out class plaintiffs	RI-219
Instructions to employees	R-2
Lawyer board member serving as witness	RI-136
Lawyer representing organization has duty to communicate about acts or intentions	RI-345
Representing shareholder against former client corporations	RI-95
Waiving conflicts	RI-267
Wrongful discharge suit, lawyer employee	74 MBJ 54 (Jan 1995)

Corporation Counsel
See Inside Counsel
back to list

Corporations

Disclosure of employee home addresses	R-2
Employees discussing litigation	R-2
Former employees as "party"	R-2
Instructing lawyer not to report employee misconduct	RI-29
Judge prohibited from rendering opinions to	A/O 6
Lower level employees as "party"	R-2
Objecting to former inside counsel representing party	RI-35
Privileged communications with inside counsel	R-2
Representing officer against corporation	RI-95
Scope of corporation "party"	R-2

Costs and Expenses of Litigation
See also Indigent Persons
back to list

Advancing costs through venture capital company	RI-321
Advancing court-imposed fines and costs	RI-333
Advancing litigation expenses to indigent client	RI-14
By lawyers employed in legal service organizations	RI-14
Client responsible for costs and expenses	C-238, RI-14
Consulting arrangement with nonlawyer tax appeals expert is not "cost"	RI-104
Copying costs	RI-203
Costs advanced by venture capital company	RI-321
Court awarded sanctions	RI-303
Disputed fees—court awarded sanctions	RI-303
Financing costs via loan	RI-336
Fines and costs advanced by law	RI-333
Indigent client	RI-14
Lawyer may finance through lender litigation costs with client consent	RI-336
Living and medical expenses to indigent client	RI-14
Loan from third-party vendor	RI-336
Paying security for court costs for indigent client	RI-91
Repayment as condition when lawyer departs firm	RI-86, RI-245
Security for costs paid by lawyer for client	RI-91
Sanctions ordered by court—division with client	RI-303
Successor counsel not responsible for reimbursing predecessor counsel	RI-203
Suspended lawyer right to	RI-19
Tailoring testimony in exchange for compensation	RI-138
Witness fees and other costs, client responsible	RI-104
Written fee agreement—court awarded sanctions	RI-303

Counsel Cooperation
See also Contact with Adjudicator
back to list

Disclosing address of former client to opposing counsel for service of process	RI-207
Disclosing judge's request to draft judge's opinion in case	RI-195
Release of client file may not be conditioned upon payment of costs by successor counsel	RI-203
Reminding opposing counsel of filings required	RI-165

Court Appointed Representation
See Appointments
back to list

Covenants not to Compete

Employment departure agreement	RI-245
Former firm assesses portion of fees from transferred files against departing lawyer	RI-245
Settlement agreements	Vol 72 MBJ 824 (Aug 1993)

Criminal Representation
See also Government Lawyer
See also Prosecutors
See also Trial Practice
back to list

Arson, testimony by insurance adjuster	RI-280
Assistant prosecutor married to presiding judge	JI-101
By former city attorney	RI-4
By law firm of former city attorney	RI-4
By law firm of special prosecutor	RI-177
By police commissioner	RI-180
Civil forfeiture arising from	RI-269
Client behavior disclosed for parole matter	RI-261
Client is fugitive	RI-160
Commissioner/lawyer representing indigent defendants	R-15
Community sentence highway sponsored by defense counsel	RI-251
Complaining witness in criminal case contacted by defense attorney	RI-302
Contact with presiding judge off the record	RI-243
Contingent fee prohibited	RI-286
Contract defense provided by former prosecutor	RI-253
Contract defense services, privileged data	RI-266
County establishing two public defender offices	RI-334
Defense attorney contacting complaining witness	RI-302
Defense lawyer elected prosecutor	RI-152
Defense lawyer renting space to local prosecutor	RI-82
Defense lawyer sponsors highway designated for client's community sentence	RI-251
Defense lawyer's spouse testifying on behalf of prosecution	RI-242
Defense provided by former prosecutor	RI-253
Failing to grant jury trials on request	In re Heideman, 387 Mich 630 (1972)
"Fee based on results" prohibited	RI-286
Fee charged in related civil forfeiture proceeding	RI-269
Former defense counsel as prosecutor	RI-152
Former prosecutor as defense counsel	RI-253
Indigent representation by former prosecutor	RI-253
Ineffective assistance of counsel after nonpayment of dues	People v. Pubrat, 451 Mich 589 (1996)
Insurance adjuster, bias from prosecutor	RI-280
Insurance adjuster handling prosecutor's personal claim	RI-280
Investment fraud, identifying injured persons	RI-81
Imputed disqualification of police commissioner's firm	RI-180
Lawyer now employed by prosecutor's office	RI-295
Misdemeanor conviction of lawyer, duty to report	A/O 44
Parole, disclosing lawyer's observations on client behavior	RI-261
Plea bargain, defense counsel duty to remind prosecutor	RI-165
Prosecutor's spouse as defense lawyer	RI-228
Prosecutor not allowing complaining witness to talk with defense attorney	RI-302
Pretrial services information copying presiding judge	RI-243
Public defender-county establishing two groups	RI-334
Rejecting court appointment to represent client	C-210
Removal pending appeal is proper	Matter of Callanan, 419 Mich 376 (1984)
Representing client on unrelated matter when client is fugitive	RI-160
Representing defendants while city attorney	C-212, R-13
Screening	RI-43
Sentence determining lawyer fee	RI-286
Sentence involving charitable service in exchange for fine or time	JI-48, JI-55, JI-64
Sentence involving highway clean up	RI-251
Sentence involving judicial campaigns	JI-107
Spouse handling opposing side	C-213, R-3
Substantial participation as former city attorney	RI-4
Substantial participation as former defense lawyer	RI-152
Substantive contact with presiding judge outside of record	RI-243
Withdrawal from court-appointed case	C-210
Witness is employee in prosecutor's office	RI-233

Cross-Examination
See Trial Practice

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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.

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