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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