Decision-Making Authority of Client
See also Scope of Representation
back to list
| Accepting arbitration of attorney fees |
RI-2, RI-196 |
| Advance waiver of future conflicts of interest invalid |
RI-183 |
| Advancing costs through venture capital company |
RI-321 |
| Arrangement to refer clients to particular real estate broker |
RI-145 |
| Choice of counsel when case transferred |
JI-89 |
| Choice of counsel when lawyer changes firms |
RI-86, RI-245 |
| Consent to negotiating settlement without counsel present |
RI-145 |
| Consent to representation by spouse of opposing counsel |
R-3 |
| Consent to multiple representation |
RI-98 |
| Consent to withdrawal in event of conflict |
RI-183 |
| Costs advanced by venture capital company |
RI-321 |
| Decision to seek legal representation after solicitation |
RI-99 |
| Disabled client |
RI-76, RI-213 |
| Discharge of lawyer |
RI-86, RI-98 |
| Distribution of estate assets |
R-10, RI-85, RI-350 |
| Fees paid by third party |
RI-293 |
| Fiduciary as client |
R-10, RI-350 |
| Guardian serving as lawyer for ward |
RI-213 |
| Independent counsel on arbitration of fees |
RI-2, RI-196 |
| Independent judgment—fees paid by third party |
RI-293 |
| Insurance representation |
RI-89 |
| Minor child as client |
RI-140 |
| Multiple clients, consent to representation |
RI-98 |
| Naming lawyer as personal representative in will |
RI-291 |
| Parent's role when lawyer represents minor child |
RI-140 |
| Personal representative exercising fiduciary duties |
R-10, RI-85 |
| Real estate referrals |
RI-146 |
| Settlement offers |
RI-76 |
| Trust kit—use of intermediary with client |
RI-325 |
| Using intermediary to meet with clients |
RI-325 |
| Wrongful death case proceeds distribution |
R-10 |
Depositions
See Discovery
back to list
Disability
See also Guardianship
back to list
—Disabled Client
See Representing the Incompetent or Disabled Client, 77 MBJ 1320 (Dec 1998)
| Attorney duties toward |
RI-213 |
| Compensation when filing protective order against client |
RI-76 |
| Conservator duties toward |
RI-213, RI-304, RI-342 |
| Decisions about representation |
RI-51, RI-176 |
| Decisions about settlement |
RI-76 |
| Discharge of lawyer |
RI-51 |
| Disclosing medical file to client |
RI-63 |
| Dual capacity of guardian and lawyer for ward |
RI-213 |
| Duties of lawyer toward |
69 MBJ 943 (Sep 1990) |
| Guardian duties toward |
RI-213, RI-227 |
| Independent corroboration of condition |
RI-51 |
| Minor child as client |
RI-140 |
| Petition for guardianship |
RI-176 |
| Representing ward and conservator |
RI-176, RI-304, RI-342 |
| Scope of representation |
RI-213 |
| Seeking protective order for |
RI-76 |
—Disabled Judge
| Physical problem, unable to perform judicial duties |
Matter of Lawrence, 417 Mich 248 (1983) |
—Disabled Lawyer
| Confidentiality |
69 MBJ 943 (Sep 1990) |
| Receiver |
69 MBJ 241 (Mar 1990) |
| Notices |
69 MBJ 241 (Mar 1990) |
Discharge of Lawyer by Client
See also Decision-Making Authority of Client
See also Termination of Lawyer-Client Relationship
See also Winding Up Law Practice
See also Withdrawal
back to list
| Charging fees for withdrawal |
RI-296 |
| Disabled client |
RI-51 |
| Discretion of client |
RI-51 |
| Effect on duty to rectify client perjury |
RI-13 |
| Frivolous or tactical discharge by client |
RI-51 |
| Grievance filed by current client |
RI-84, 70 MBJ 698 (Jul 1991) |
| Lawyer changing firms |
RI-86, RI-245 |
| Motion for withdrawal |
RI-51 |
| Multiple clients, discharged from representing some |
RI-98 |
| Parent's attempt to discharge lawyer for minor child |
RI-140 |
| Restriction on client's right to discharge |
RI-86, RI-245 |
Discipline, Judicial
See also Cooperation with Discipline Authorities
See also Discipline Proceedings
See also Ethics Committee
See also Judicial Officer
See also Misconduct
back to list
—Conduct as lawyer
| Conditional removal from bench |
In re Moes, 389 Mich 258 (1973) |
| Conduct before becoming judge |
Matter of Loyd, 424 Mich 514 (1986), Matter of Waterman, 433 Mich 1207 (1989) |
| Jurisdiction over misconduct occurring before becoming judge |
Matter of Ryman, 394 Mich 637 (1975), Leitman v. State Bar Grievance Bd., 387 Mich 596 (1972) |
| Misappropriation |
Matter of Loyd, 424 Mich 514 (1986) |
| Neglect of legal matters |
Matter of Hammons, 426 Mich 1225 (1986) |
| Review required before removal from bench |
In re Kapcia, 389 Mich 306 (1973), Matter of Loyd, 424 Mich 514 (1986) |
Discipline, Lawyer
See also Cooperation with Discipline Authorities
See also Discipline Proceedings
See also Ethics Committee
See also Judicial Officer
See also Misconduct
back to list
| Adult Attention Deficit Disorder |
Doe v. Attorney Discipline Bd., 1996 WL 78312, 1996 US App Lexis 5727 (unpublished CA6 2/22/1996) |
| Charging fees to client for grievance defense |
RI-296 |
| Court-appointed receiver charging to defend grievance |
RI-330 |
| Deposition taken by suspended lawyer |
RI-101 |
| Disciplined lawyers, scope of permitted activity |
C-211, 68 MBJ 1108 (Nov 1989) |
| Failure to file income tax returns |
Matter of Gillis, 402 Mich 286 (1978), In re Lewis, 389 Mich 668 (1973) |
| Failure to perform when not paid |
In re Daggs, 384 Mich 729 (1971) |
| Fees for disciplined lawyer determined by quantum meruit |
RI-19, RI-30, RI-270 |
| Forgery |
In re Ryman, 394 Mich 167 (1975) |
| Judge who formerly participated on discipline panel subsequently presiding in matter in which respondent appears as party or advocate |
JI-24 |
| Law firm interest held by disciplined lawyer |
RI-238 |
| Lien enforcement against client without notice |
73 MBJ 690 (Jul 1994), Matte of Geralds, 402 Mich 387 (1978) |
| Partnership or shareholder interest held by disciplined lawyer |
RI-238 |
| Receiver charging fees to defend grievance |
RI-330 |
| Solicitation of clients through agents |
Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979) |
| Suspended lawyer right to expenses |
RI-19, RI-30 |
| Suspended lawyer sharing legal fee |
RI-19, RI-30, RI-270 |
| Unauthorized practice of law by disciplined lawyer |
RI-101 |
Discipline Proceedings
See also Cooperation with Discipline Authorities
See also Due Process in Discipline Proceedings
See also Ethics Committee
See also Judicial Officer
See also Misconduct
See also Reinstatement & Readmission
back to list
| Abstention, federal |
Fieger v. Thomas, 74 F3d 740 (CA6 1996), Dunchock v. Higle, US Dis Ct EDMi, No 95-CV-60255-AA (unpublished 4/26/1996), Hodari v. Michigan Attorney Grievance Comm'n, 1996 US Dist Lexis 6631 (EDMi unpublished 4/22/1996), MacDonald v. Gaskin, US Dist Ct EDMi, No 95-CV-73632-DT (unpublished 3/22/1996) |
—Hearing
| Absence of one panel member during portion of testimony |
State Bar Grievance Adm'r v. Roth, 400 Mich 484 (1977), Grievance Adm'r v. Grubbs, 396 Mich 275 (1976) |
| Authority to dismiss complaint without prejudice |
Grievance Adm'r v. Woll, 401 Mich 155 (1977) |
| Charging fees to client for grievance defense |
RI-296 |
| Conflict of interest of member of grievance prosecutorial staff |
RI-119, RI-121 |
| Conflict of interest of panel member |
RI-119, RI-121, RI-131 |
| Criminal procedure rules do not apply |
Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979) |
| Cross-examination of witnesses |
State Bar v. Murphy, 387 Mich 632 (1972) |
| Delay in issuing decision |
Grievance Adm'r v. Donigan, 403 Mich 172 (1978) |
| Delay in scheduling hearing |
State Bar v. Albert, 390 Mich 234 (1973) |
| Discovery by respondent |
Matter of Mikesell, 396 Mich 517 (1976) |
| Disqualification of panel members based on judicial disqualification rules |
RI-119 |
| Disqualification of panel members employed by member of discipline prosecuting authority |
RI-121 |
| Disqualification of panel members under current investigation |
RI-131 |
| Disqualification of panel members within third degree of advocate's law firm |
RI-119 |
| "Due diligence" of prosecutor required to support dismissal without prejudice |
Grievance Adm'r v. Woll, 401 Mich 155 (1977) |
| Examination of respondent by panelist to clarify facts |
State Bar Grievance Adm'r v. Roth, 400 Mich 484 (1977) |
| Examination of witnesses |
Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979), State Bar v. Murphy, 387 Mich 632 (1972) |
| Exculpatory information, access to |
Grievance Adm'r v. Attorney Discipline Bd., No 97692 MI Sup Ct (2/19/1994) |
| Ex parte discussions with panel members |
Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979) |
| Failure to respond or appear |
In re Moes, 389 Mich 258 (1973), State Bar Grievance Adm'r v. Williams, 394 Mich 5 (1975) |
| Findings based on edited transcript of previous proceeding |
Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979) |
| Hostility of panel members as prejudicial |
Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979), Grievance Adm'r v. Del Rio, 407 Mich 336 (1979) |
| Judge who reports party's lawyer to discipline board may preside at party's trial |
JI-24 |
| Lawyer serving as discipline hearing panel member |
JI-24, RI-119, RI-121, RI-131 |
| Panel member concurrently under discipline investigation |
RI-131 |
| Panel member is employee of Grievance Commission member |
RI-121 |
| Panel member related to advocate |
RI-119 |
| Panel member related to member of advocate's firm |
RI-119 |
| Rehearing based on new evidence |
In the Matter of Daggs, 411 Mich 304 (1981) |
| Respondent's Check List |
74 MBJ 692 (Jul 1995) |
| Sanction term defined by occurrence of event |
Grievance Adm'r v. Ruebelman, 402 Mich 501 (1978) |
| Sufficiency of complaint |
Grievance Adm'r v. Jackson, 390 Mich 147 (1973) |
| Transcript used as substantive evidence |
Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979) |
| Weight to be given charges dropped from complaint |
Matter of Mikesell, 396 Mich 517 (1976) |
—Immunity
| Eleventh Amendment |
Tucker v. Michigan Attorney Discipline Bd., (EDMI 9/30/1996) |
| Prosecutorial |
MCR 9.125, Dunchock v. Higle, US Dis Ct EDMi, No 95-CV-60255-AA (unpublished 4/26/1996) |
| Quasi-judicial |
Doe v. Attorney Discipline Bd., 1996 WL 78312, 1996 US App Lexis 5727, (unpublished CA6 2/22/1996), Berger v. Cuyahoga County Bar Ass'n, 983 F2d 718 (CA6 1993), cert den 113 S Ct 2416 (1993), Eston v. Van Bolt, 728 F Supp 1336 (ED Mich 1990) |
—Investigation
| Complainant's withdrawal of complaint |
Grievance Adm'r v. Jackson, 390 Mich 147 (1973), Grievance Adm'r v. McWhorter, 405 Mich 563 (1979), reh 407 Mich 278 (1979) |
| Failure to contact complainant |
Grievance Adm'r v. Kopp, 402 Mich 74 (1977) |
| Rehearing based on new evidence |
In the Matter of Daggs, 411 Mich 304 (1981) |
| Respondent's Check List |
74 MBJ 692 (Jul 1995) |
| Respondents right to copy of complainant's mandamus petition |
State Bar Grievance Adm'r v. Giltner, 406 Mich 511 (1979) |
| Selective prosecution |
Grievance Adm'r v. Del Rio, 407 Mich 336 (1979) |
—Jurisdiction
| Americans With Disabilities Act application |
Doe v. Attorney Discipline Bd., 1996 WL 78312, 1996 US App Lexis 5727 (unpublished CA6 2/22/1996) |
| Due process in judicial discipline proceedings |
Matter of Mikesell, 396 Mich 517 (1976) |
| Federal court review of state proceedings |
Doe v. Attorney Discipline Bd., 1996 WL 78312, 1996 US App Lexis 5727 (unpublished CA6 2/22/1996), Ginger v. Wayne County Circuit Court, 372 F2d 612 (CA6 1967), cert den 387 US 935 (1967) |
| Jurisdiction over misconduct occurring after becoming judge |
In re Kapcia, 389 Mich 306 (1973) |
"Disinterested Lawyer" Standard
| Allocation issues prevent multiple representation of major and de minimis PRPs at environmental clean up site |
R-16 |
| Allocation issues prevent multiple representation of owner and generator at environmental clean up site |
R-16 |
| Assignment of collection case while still representing client |
RI-159 |
| Balancing issues between clients |
RI-239 |
| Client suing lawyer for malpractice |
RI-25 |
| Collusion to collect insurance |
RI-66 |
| Consolidation of conflicting cases on appeal |
RI-108 |
| Determining whether client would be competently represented with scope of limitation in place |
RI-348 |
| Dispute among clients on acceptance of mediation award |
RI-134 |
| Employment situation affects lawyer's ability to pursue client's matter |
RI-80 |
| Lawyer's prior advice at stake |
RI-47 |
| Liability of lawyer's partner |
RI-37 |
| Limitation of scope in bankruptcy proceeding |
RI-348 |
| Limitation of scope to obtain waiver of client conflict of interest |
RI-358 |
| Medical provider client disputing bill with unrelated client |
RI-215 |
| Multiple clients, criminal activity of one |
RI-111 |
| Personal injury victim and owner in unrelated matters |
RI-66 |
| Screening does not cure |
RI-139, RI-172 |
| Suing current client for fees |
RI-159 |
| Testimony inconsistent with clients interests |
RI-21 |
| Withdrawal required upon discovery |
RI-139 |
Discovery
See also Attorney-Client Privilege
See also Contact with Represented Persons
See also Contact with Unrepresented Persons
See also Testimony
See also Trial Practice
See also Witnesses
back to list
| Attorney charging hourly rate to submit to deposition |
RI-3 |
| Charge for lawyer being deposed |
RI-3 |
| "Confidential" documents, duty to return |
RI-179 |
| Contacting party employees pursuant to court order |
RI-42 |
| Cross-examination of client for unrelated matter |
RI-218 |
| Deposing lawyer, charge for |
RI-3 |
| Deposition of judicial officer |
JI-57 |
| Documents disclosed in error |
RI-179 |
| Former client suspected of illegal activity |
RI-106 |
| Home addresses of corporate employees |
R-2 |
| Inaccurate, truthful testimony of client |
RI-272 |
| Inconsistent testimony of client |
RI-13, RI-33 |
| Judge present in courtroom as moral support for party |
JI-15 |
| Judge testifying on representation of former client |
JI-32 |
| Medical records of witness obtained through client fraud |
RI-209 |
| Lawyer testifying on privileged matters |
69 MBJ 551 (Jun 1990) |
| Subpoena for client information |
JI-32, RI-106, 69 MBJ 551 (Jun 1990) |
| Subpoena to nonparty |
74 MBJ 564 (Jun 1995) |
Disposition of Judicial Campaign Funds
See also Campaign Funding, Judicial
back to list
| Carry-over of funds to another election prohibited |
Matter of Lawrence, 417 Mich 248 (1983) |
| Distribution to government committee |
A/O 14 |
| Expenditures prior to announcing candidacy |
JI-81 |
| Expenditures prior to 180-day fund raising period |
JI-74, JI-78, JI-81 |
| Family compensation for campaign work |
A/O 66 |
| Loan from previous election |
A/O 56 |
| Investiture celebration |
JI-60, A/O 71 |
| "Office holder expense fund" improper |
Matter of Lawrence, 417 Mich 248 (1983) |
| Refund of campaign expense |
JI-63 |
| Reimbursing candidate from campaign funds |
JI-81 |
| Repaying loans to campaign |
JI-7, JI-63 |
| Retiring campaign debts |
JI-7, JI-63 |
| Return of excess funds |
Matter of Lawrence, 417 Mich 248 (1983) |
| Sponsoring athletic team |
JI-58 |
Disqualification, Judicial
See also Conflicts of Interest
See also Divestiture
See also Former Client
See also Imputed Disqualification
See also Judicial Officer
back to list
—Acquaintance with Witness
| Colleague judge testifying |
JI-57 |
| Employer of judge's spouse testifying |
JI-61 |
| Nephew of presiding judge testifying |
A/O 36 |
| Parole officer testifying as police officer |
JI-62 |
| Sheriff who has shared business interest |
JI-86 |
| Staff of board on which judge sits |
JI-66 |
—Bias
| Personal acquaintance insufficient for judicial disqualification |
JI-44 |
| Actual bias mandates disqualification of judge |
Adams v. Adams, 100 Mich App 1 (1980) |
| Actual bias generally required |
People v. Houston, 179 Mich App 753 (1989), Inmates v. Wayne County Executive, 178 Mich App 634 (1989) |
| Animosity toward advocate |
JI-44 |
| Appearance of bias |
J-5, JI-43, JI-44, R-20, Crampton v. Department of State, 395 Mich 347 (1975) |
| Appointee as advocate before appointing judge |
JI-29 |
| Campaign opponent appearing before judge |
J-6, JI-23, JI-96, RI-52, A/O 103 |
| Campaign opponent's firm appearing before judge |
J-6, JI-23, JI-96, RI-52, A/O 103 |
| Discipline panel member currently under discipline investigation |
RI-131 |
| Employee reviewing decisions of employer |
RI-121 |
| Filing grievance against lawyer appearing before hearing officer |
JI-123 |
| Grievance filed by hearing officer |
JI-123 |
| Judge former prosecutor |
People v. Hampton, 184 Mich App 434 (1990) |
| Judge or judge's former firm represented party as attorney within last two years |
Michigan Ass'n of Policy v. City of Pontiac, 177 Mich App 752 (1989) |
| Law clerk whom "personally and substantially" participated |
RI-43 |
| Law firm of part-time magistrate |
RI-114 |
| Malpractice action pending against judge and former firm |
J-6, JI-39, A/O 41 |
| Part-time magistrate with court funding unit as client |
JI-97 |
| Part-time referee engaging in law practice |
JI-126 |
| Party opponent appearing in unrelated matter as advocate |
R-15 |
| Perpetual recusal of judge for animosity toward advocate |
JI-44 |
| Personal acquaintance insufficient for judicial disqualification |
JI-44 |
| "Personal and substantial" participation |
JI-34, JI-97, RI-1 |
| Personal lawyer of judge appearing as advocate |
J-5, JI-43, R-20 |
| Presiding in cases in which employee of law firm's client appear |
In re Schlossberg v. State Bar Grievance Bd., 388 Mich 389 (1972) |
| Probability of actual bias too high |
Crampton v. Department of State, 395 Mich 347 (1975) |
| Referee who also practices law before own court |
JI-126 |
| Sentences, Judge's disapproval of mandatory life sentence |
People v. Houston, 179 Mich App 753 (1989) |
| Spouse is assistant prosecutor |
JI-101, JI-133 |
| Taint from exposure to data not in official record |
RI-166 |
—Conflicts
| Advocate is personal lawyer of judge |
J-6, JI-39, JI-43 |
| Advocate represents judge in unrelated malpractice action |
J-6, JI-39 |
| Advocate formerly represented member of judge's family |
J-6, JI-102 |
| Bonus from former firm for work done prior to assuming office |
JI-37 |
| Business participation |
J-3, J-6 |
| City commissioner becomes judge |
J-4, J-6 |
| Employment negotiations with advocate's firm |
JI-35 |
| Financial impact of case on law firm of part-time judge |
JI-97 |
| Grievance filed by party against judge |
Clemens v. Bruce, 122 Mich App 35 (1982), Autoworkers Flint Federal Credit Union v. Rogler, 32 Mich App 257 (1971) |
| Investment club membership by judge |
JI-119 |
| Judge as member of investment club with lawyers |
JI-119 |
| Malpractice action pending against judge and former firm |
J-6, JI-39, A/O 41 |
| Presiding in cases in which employee of law firm's client appear |
In re Schlossberg v. State Bar Grievance Bd., 388 Mich 389 (1972) |
| Prosecutor becomes judge |
JI-34 |
| Retired judge's business interests |
J-3, J-6 |
| Spouse is assistant prosecutor |
JI-101, JI-133 |
| Witness acquainted with judge |
JI-62, JI-66, A/O 36 |
—Duty to Disclose
| Board member of a nonprofit legal aid organization appearing |
JI-38, JI-51, A/O 45 |
| Business interest with advocate |
J-4, J-6, JI-6, People v. Perkins, 193 Mich App 209 (1992) |
| Business interest with lower court judge |
JI-86 |
| Campaign committee member appearing as advocate before candidate |
JI-79 |
| Firm buying judge's former practice |
JI-118 |
| Investment club membership by judge |
JI-119 |
| Judge as member of investment club with lawyers |
JI-119 |
| Spouse is assistant prosecutor |
JI-101, JI-133 |
| Witness acquainted with or related to presiding judge |
JI-62, JI-66, A/O 36 |
| Witness with financial relationship to judge |
JI-86 |
—Duty to Raise Disqualification Issue
| Advocate from legal service organization where judge serves on board |
JI-38, JI-51, A/O 45 |
| Advocate is judge's personal lawyer |
J-5, R-20 |
| Financial interest between judge and advocate |
J-4, J-6, People v. Perkins, 193 Mich App 209 (1992) |
| Judge dating party appearing before judge |
J-6, R-3, Matter of Templin, 432 Mich 1220 (1989) |
| Judge's spouse is assistant prosecutor |
JI-101, JI-133 |
| Notice and recusal unless asked to preside |
J-4, J-6, JI-35 |
| Witness from organization where judge sits on board |
JI-66 |
| Ex parte approach by advocate for recusal |
JI-83 |
—Extrajudicial Activities
| Board member of a nonprofit legal aid organization appearing |
JI-38, JI-51, A/O 45 |
| Charitable board resignation |
J-1 |
| Disclosure of tenancy with lawyer advocate |
JI-6 |
| Divestiture |
J-3, J-6 |
| Investment club membership by judge |
JI-119 |
| Judge as host of commercially-sponsored program |
JI-137 |
| Judge as member on investment club with lawyers |
JI-119 |
| Leasing space to lawyers |
JI-6 |
| Retired judge's business participation |
J-3, J-6 |
| Seminar related to case pending before judge |
JI-84 |
—Financial Interest
| Bonus from former firm for work done prior to assuming office |
JI-37 |
| Business participation |
J-3, J-6 |
| Buy-out payments for law firm interest |
J-4, J-6 |
| Disclosure of business interest |
JI-6, People v. Perkins, 193 Mich App 209 (1992) |
| Disqualification of judge—firm purchasing judge's former practice |
JI-118 |
| Financial interest of law firm of part-time judge |
JI-97 |
| Financial interest with advocate |
J-4, J-6, JI-6, JI-35, People v. Perkins, 193 Mich App 209 (1992) |
| Financial interest with lower court judge |
JI-86 |
| Financial interest with witness |
JI-86 |
| Financial interest in outcome |
Crampton v. Department of State, 395 Mich 347 (1975) |
| Investment club membership by judge |
JI-119 |
| Judge as member of investment club with lawyers |
JI-119 |
| Landlord to advocate |
JI-6, A/O 37, A/O 39, A/O 40, A/O 62, A/O 84 |
| Landlord assigned to hear landlord/tenant matters |
A/O 38 |
| Law firm buying judge's former practice appearing before judge |
JI-118 |
| Notice and recusal unless asked to preside |
J-4, J-6, JI-35 |
| Partnership interest in law firm |
A/O 81 |
| Pension benefits from former firm |
JI-20 |
| Real estate partners with advocate |
J-4, J-6, JI-35 |
| Real estate partners with possible party |
A/O 110 |
| Receiving pension payments under independently administered plan |
JI-20 |
| Sale of law books to advocate |
JI-40 |
—Personal Relationships
| Acquaintance of judge appearing as advocate or party |
JI-44 |
| "Affinity" |
Bliss v. Cuille Brothers Co., 149 Mich 601 (1907), Boyer v. Backus, 282 Mich 701 (1938), Van Cleve v. Van Fossen, 73 Mich 342 (1889) |
| Animosity toward advocate |
JI-44 |
| Discipline counsel related to hearing panelist |
RI-119 |
| Party in matter dates presiding judge |
J-6, R-3, Matter of Templin, 432 Mich 1220 (1989) |
| Firm of judge's family members |
C-216, J-4, J-6, R-3 |
| Judge hearing case prosecuted by spouse |
J-6, R-3 |
| Judge hearing case prosecuted by spouse's firm |
J-6 , R-3 |
| Lawyer appearing is personal lawyer of judge |
J-6, JI-39 |
| Lawyer appearing was lawyer for judge's family member |
J-6, JI-102 |
| Nonlawyer employee of advocate related to judge |
C-216 |
| Paralegal relative of judge worked on case presented |
C-216, J-6 |
| Perpetual recusal due to animosity toward advocate |
JI-44 |
| Receiving payments from independently administered pension plan |
JI-20 |
| Related to advocate |
J-4, J-6, A/O 60 |
| Relative of judge is member or employee of law firm appearing in the matter |
C-216, J-4, J-6 |
| Reviewing decisions of spouse |
JI-31 |
| Son-in-law as advocate |
J-4, J-6 |
| Spouse is assistant prosecutor |
JI-101, JI-133 |
| Spouse of defense lawyer testifying on behalf of prosecution |
RI-242 |
| Supervising performance of spouse |
JI-31 |
—Procedure
| Conditions meriting disqualification |
J-6, 75 MBJ 934 (Sep 1996) |
| Exclusive disqualification procedure found in MCR 2.003 |
Stockler v. Rose, 174 Mich App 14 (1989) |
| Motions for disqualification |
75 MBJ 934 (Sep 1996) |
| Remittal of disqualification |
J-6 |
—Relationship with Advocate or Advocate's Firm
| Advocate not a member while judge was member |
J-4, J-6 |
| Advocate from firm that merged with judge's former firm |
J-4, J-6 |
| Advocate is lawyer of judge's party opponent in unrelated matter |
R-15 |
| Advocate represented judge's family member |
J-6, JI-102 |
| Associate of former firm who joined after judge departed |
J-4, J-6 |
| Cases involving judge's former partners and clients |
J-6, JI-39 |
| Codefendants with judge in unrelated matter appear as advocates |
J-6, JI-39 |
| Financial interest with advocate |
J-4, J-6, JI-6, JI-35, People v. Perkins, 193 Mich App 209 (1992) |
| Former firm appearing before judge |
J-4, J-6, JI-39 |
| Former firm associates appearing before judge |
J-4, J-6 |
| Members of predecessor firm who joined after judge departed |
J-4, J-6 |
| Members of former firm arriving after judge departed |
J-4, J-6 |
| "Of counsel" relationship between advocate and former firm |
A/O 80 |
| Part-time referee disqualified from hearing matters presented by referee's law firm |
JI-29 |
| Part-time referee engaging in law practice |
JI-126 |
| Referee who also practices law before own court |
JI-126 |
| Spouse is assistant prosecutor |
JI-101, JI-133 |
| Two-year disqualification from cases in which former firm members appear |
J-4, J-6, A/O 80 |
—Relationship with Party or Matter
| Case where judge has been consulted as lawyer |
J-4, J-6, JI-34 |
| Discipline complaint filed by party against judge |
Clemens v. Bruce, 122 Mich App 35 (1982), Autoworkers Flint Federal Credit Union v. Rogler, 32 Mich App 257 (1971) |
| Discipline respondent as party or advocate in hearing before judge who was discipline panel member |
JI-24 |
| Enmeshed in other matters involving party |
Crampton v. Department of State, 395 Mich 347 (1975) |
| Part-time referee, participated in matter as lawyer |
JI-29, RI-1 |
| Part-time magistrate, participated in matter as lawyer |
JI-97 |
| Part-time magistrate representing court funding unit |
JI-97 |
| Party is former client of firm not appearing |
JI-100 |
| Presiding in earlier case involving same party insufficient alone to disqualify |
In re Schmeltzer, 175 Mich App 666 (1989) |
| Prior participation as accuser, investigator, fact finder or decision-maker |
Crampton v. Department of State, 395 Mich 347 (1975) |
| "Substantial participation" in case as lawyer |
JI-34, JI-97, RI-1, RI-249 |
| Target of personal abuse or criticism from party |
JI-44, Crampton v. Department of State, 395 Mich 347 (1975) |
| Will offered for probate was drafted by presiding judge |
A/O 17 |
Disqualification, Lawyer
See also Conflicts of Interest
See also Divestiture
See also Former Client
See also Imputed Disqualification
See also Judicial Officer
See also "Substantially Related" Representation
back to list
—Current Client
| Client as adverse witness in unrelated case |
RI-239 |
| Co-counsel as pretext to effect recusal of judge |
JI-44 |
| Divorce consultation triggering disqualification |
RI-48 |
| Firm disqualification if lawyer testifies regarding fees |
RI-299 |
| Firm of commissioner representing clients before commission |
C-241, RI-22, RI-180, RI-236 |
| Firm of public official appearing before |
C-241, RI-22, RI-180, RI-236 |
| Firms of lawyer spouses |
R-3 |
| Initial consultation triggering disqualification |
RI-48 |
| Inside counsel of government entity |
RI-267 |
| Lawyer spouses |
R-3 |
| "Of counsel" as fiduciary in matter |
RI-237 |
| Opposing lawyers cohabitating |
R-3 |
| Opposing lawyers dating |
R-3 |
| Part-time magistrate representing court funding unit |
JI-97 |
| Prosecutor's office employees |
RI-43, RI-112 |
| Referral as pretext to effect recusal of judge |
JI-44 |
| Representing municipality when mayor is a sibling |
RI-94 |
| Subject matter same as current representation |
RI-46 |
| "Substantially related" representation |
RI-46 |
| US Army Legal Assistance providing legal assistance to soldiers and spouses |
RI-172 |
—Former Client
| Criminal defense lawyer becomes prosecutor |
RI-152 |
| Declining representation against |
RI-46 |
| Divorce and land foreclosures "related" |
RI-46 |
| Initial consultation triggering disqualification |
RI-48, RI-154 |
| Initial interview by nonlawyer employee |
RI-123 |
| Imputed disqualification after initial consultation |
RI-48 |
| Lawyer's duty to prove no conflict |
RI-48 |
| Likelihood that confidential information is relevant |
RI-46 |
| Overlap of factual or legal issues with current representation |
RI-46 |
| Possibility of using confidential information |
RI-46 |
| Representing will beneficiaries against former client, personal representative |
RI-87 |
| Screening new employees to prevent |
RI-43, RI-115, RI-284, RI-285, 70 MBJ 440 (May 1991) |
—Lawyer as Witness
| Firm of adverse lawyer-witness |
RI-21 |
| Firm of lawyer's witness |
RI-299 |
—Lawyer's Interests
| Campaign opponent is presiding judge |
J-6, JI-23, JI-96, RI-52, A/O 103 |
| Financial impact on firm of part-time magistrate |
JI-97 |
| Spouse of defense lawyer testifying on behalf of prosecution |
RI-242 |
—Motion for Disqualification
| Judicial discretion in granting motions |
RI-51, RI-287 |
| Tactical motions |
RI-287 |
Divestiture
| Business participation of judge |
J-3, J-6 |
| Irrevocable trust establishment |
A/O 26 |
| Landlord to former firm |
JI-6 |
| Officer of business |
J-3, J-6 |
| Outside activities by new judge |
75 MBJ 1071 (Oct 1996) |
| Stock holdings |
A/O 87 |
Division of Fees
—Payment for Services
| Consulting arrangement with nonlawyer tax appeals expert |
RI-104 |
| Expert witness fee based on percentage |
C-240 |
| Government contract holder |
RI-68 |
| Independent contractor |
RI-104 |
| Representing new client against firm giving referral fees |
RI-294 |
—Payment for Lawyer-to-Lawyer Referral
| Accounting required to referring lawyer |
RI-224 |
| Advising client of division |
RI-234 |
| Agreement for referral fee |
RI-158 |
| Calculation based on percentage of client billings |
RI-124 |
| Calculation based on percentage of hourly rates |
RI-124 |
| Calculation based on percentage of referred cases |
RI-201 |
| Calculation based on percentage of successor lawyer fee |
RI-124, RI-234 |
| Client consent to referral fee |
RI-32, RI-158, RI-234 |
| Competence of receiving lawyer to handle case referred |
RI-158 |
| Computing as percentage of hourly billings |
RI-124 |
| Conditioning referral on payment of referral fee |
RI-158 |
| Conflict of interest that prevents lawyer from taking case prohibits acceptance of referral fee |
RI-116 |
| Consent of client for division of fee |
RI-32, RI-158 |
| Contract with receiving lawyer |
RI-158 |
| Declining representation for conflict of interest prohibits acceptance of referral fee |
RI-116 |
| Disqualification not merited upon refusal to pay |
RI-224 |
| Duties when making a referral |
RI-158 |
| Duty to provide referral even without fee |
RI-158 |
| Incentive for more referrals |
RI-124 |
| Listing on out-of-state firm website for referrals as advertising |
RI-340 |
| Out-of-state lawyer referring to Michigan lawyer |
RI-122, RI-199 |
| Probate counsel referring wrongful death action for referral fee |
RI-114 |
| Qualifications of lawyer receiving referral |
RI-158 |
| Reasonableness of total fee |
RI-234 |
| Receiving lawyer responsible for advising client |
RI-234 |
| Referral agreement—new client against firm |
RI-294 |
| Referral agreement with suspended lawyer |
RI-30 |
| Referral fee based on percentage of yearly referrals |
RI-124 |
| Referring lawyer entitled to accounting |
RI-224 |
| Referring lawyer is witness for client |
RI-211 |
| Referring lawyer responsible for advising client |
RI-234 |
| Refusal to provide referral without fee is improper |
RI-158 |
| Responsibility to advise client |
RI-234 |
| Scope of notice to client about division |
RI-234 |
| Suspended lawyer's right to fee |
RI-19, RI-30, RI-270 |
| With out-of-state attorney |
RI-122, RI-199 |
—With Judge
| Cases referred when becoming judge |
C-228, J-4, J-6 |
| Referral fees after becoming judge |
JI-45 |
| Referee accepting referral fee |
JI-45 |
—With Lawyer
| Apportioning trust account interest among successive lawyers |
RI-64 |
| Between law firms |
RI-32, RI-114, RI-124 |
| Contingent fee divided with predecessor lawyer |
R-11 |
| Contingent fee divided with successor lawyer |
R-11 |
| Contingent fee divided with suspended lawyer |
RI-19, RI-30 |
| Disciplined lawyer |
RI-19, RI-30, RI-270 |
| Disqualification not merited upon refusal to pay |
RI-224 |
| Fee division with law firm |
RI-32, RI-114, RI-122, RI-124, RI-305 |
| Lawyer departing firm |
RI-305 |
| Lawyers in different firms |
RI-305 |
| Out-of-state attorney |
RI-122 |
| Partnership agreement |
RI-305 |
| "Quantum meruit" defined |
RI-30 |
| Percentage of yearly client billings |
RI-124 |
| Pretext to recuse presiding judge |
JI-44 |
| Receiving lawyer leaves firm |
RI-224 |
| Referring lawyer is witness for client |
RI-211 |
| Rent calculated as percentage of gross income |
RI-133 |
—With Nonlawyer
| Accepting referral from investment firm |
RI-317 |
| Agent of lawyer |
RI-143, RI-191 |
| Allocating attorney fees to class action clients |
RI-324 |
| Attorney fees allocated to class action clients |
RI-324 |
| Commission from real estate broker for referring business |
RI-146 |
| Court awarded sanctions |
RI-303 |
| Deceased lawyer, payment of fees to estate |
RI-216 |
| Disputed fees—court awarded sanctions |
RI-303 |
| Document preparation agent |
RI-191 |
| Door-to-door salespeople of trust kits |
RI-325 |
| Fee division with referral service |
R-6, R-8, RI-36, RI-75 |
| Nonprofit lawyer referral service |
RI-32 |
| Out-of-state attorney |
RI-122 |
| Referral fee from insurance agent |
RI-339 |
| Referral fee from investment firm |
RI-317 |
| Referral service |
R-6, RI-32, RI-75, 70 MBJ 146 (Feb 1991) |
| Payment for referral |
In re Woll, 387 Mich 154 (1972) |
| Real estate customer referred to broker for fee |
RI-146 |
| Senior Citizen's Hotline |
RI-32 |
| Sanctions ordered by court—division with client |
RI-303 |
| Suspended lawyer |
RI-19, RI-30, RI-270 |
| Trade exchange of services between professionals |
C-220 |
| Trust kit salespeople |
RI-325 |
| Using intermediary to meet with clients |
RI-325 |
| Written fee agreement—court awarded sanctions |
RI-303 |
Domestic Relations Matters
| Adjusting fee after work performed |
RI-150, RI-241 |
| Advertising under trade name |
RI-221 |
| Assault and battery between spouses on contingent fee |
RI-181 |
| Assets allegedly concealed from client |
RI-217 |
| Assignment of unpaid bill for collection |
RI-159 |
| Charging multiple clients for same time period |
RI-150 |
| Child custody representation against spouse of former client |
RI-161 |
| Child support collections business owned by lawyer |
RI-198 |
| Cohabitant claiming property awarded to former client |
RI-174 |
| Conflict with client in unrelated case |
RI-239 |
| Conflict with spouse of former client |
RI-161 |
| Contingent fees for child support arrearages |
RI-198 |
| Contingent fees for collecting past due alimony |
RI-28 |
| Contingent fees to set aside property settlement |
RI-127, RI-204 |
| Contingent fees for post-judgment matters |
RI-221 |
| Contingent fee for spouse assault and battery |
RI-181 |
| Deed to marital home as collateral for fees |
RI-354 |
| Delinquency matters handled by prosecutor |
RI-183 |
| Divorce case, "results obtained" or "value added" provision |
RI-346 |
| Divorce "kit" services |
State Bar v. Cramer, 399 Mich 116 (1976) 68 MBJ 469 (Jun 1989) |
| Divorce client possible witness in unrelated representation |
RI-239 |
| Divorce consultation triggering disqualification |
RI-48 |
| Divorce representation against former divorce client |
RI-282 |
| Domestic assault fees |
RI-204 |
| Fixed rates for court appearances |
RI-150 |
| Former client's interest in property dispute |
RI-174 |
| Fraud perpetrated against former client |
RI-217 |
| Initial consultation triggering disqualification |
RI-48 |
| Issuing support order as magistrate—subsequent representation |
RI-288 |
| Law firm with nonlawyer consultants |
RI-104 |
| Lawyer as witness in invalidating post-nuptial agreement |
RI-281 |
| Legal services agency conducting pro se clinic |
RI-301 |
| "Loan" purportedly concealing marital assets |
RI-217 |
| Marital counseling service operated by lawyer's spouse |
RI-206 |
| Marital property dispute adverse to former client's recovery |
RI-174 |
| Mediator drafting parties' agreement |
RI-278 |
| Negotiating settlement with represented party |
RI-145 |
| Post-nuptial agreement dispute, lawyer as witness |
RI-281 |
| Practice by part-time domestic relations referee |
JI-29, RI-1 |
| Pro se clinic conducted by legal services agency |
RI-301 |
| "Reasonableness" of fee |
RI-150 |
| Real estate claim against former client's property settlement |
RI-248 |
| Referrals from marital counseling service |
RI-206 |
| Representing client against spouse of former client |
RI-161 |
| Representing client—issued support order as magistrate |
RI-288 |
| Self help clinics conducted by legal services agency |
RI-301 |
| "Substantially related" divorce representation |
RI-282 |
| Substitute counsel when lawyer is witness |
RI-281 |
| Suit for unpaid fees while representing client |
RI-159 |
| Trade name for law firm |
RI-221 |
Dual Practice
See also Business Interests
See also Forwarding Business
See also Part-Time Practice
back to list
—Lawyer/alternate dispute resolution business
| Ancillary ADR business |
RI-263, RI-275 |
| Serving client of opposing counsel in nonlaw business |
RI-275 |
| Serving law clients |
RI-275 |
| Waiver of liability in nonlaw business |
RI-263 |
—Lawyer/collections business
| Setting fees for nonlegal services |
RI-198 |
| Soliciting law clients from collections customers |
RI-198 |
—Lawyer/financial planner
| Accepting law clients referred by lawyers nonlaw business |
RI-190 |
| Disclosure of lawyer's interest in nonlaw business |
RI-190 |
| Disputes concerning nonlaw services may not be handled by law firm of lawyer/owner of nonlaw business |
RI-190 |
| Referring law clients to lawyer's nonlaw business |
RI-190 |
—Lawyer/insurance agent
| Office sharing |
RI-135 |
| Selling insurance to law clients |
RI-135 |
| Soliciting law clients from insurance customers |
RI-135 |
—Lawyer/medical practitioner
| Advertising |
RI-212 |
| Referrals between law and nonlaw services |
RI-212 |
| Supervisory lawyer designation |
RI-212 |
| Trade name |
RI-212 |
—Lawyer/member of client's board
| Clarifying lawyer's role |
RI-136 |
| Lawyer as witness in dispute against client board |
RI-136 |
| Lawyer's participation affecting disqualification of firm |
RI-136 |
—Lawyer/public official
| Appointment as special prosecutor |
C-225, RI-152, RI-177 |
| Appointment to represent indigent clients |
R-15 |
| Budget control over participants in private representation matter |
RI-126 |
| Commissioner appearing as counsel opposite city attorney |
RI-126 |
| Commissioner appearing before courts within budget control |
R-15 |
| Commissioner representing clients against housing authority |
RI-126 |
| Commissioner serving as township attorney |
C-214 |
| Commissioner's private practice before local courts |
R-15 |
| Direction and control over participants in private representation matter |
R-15, RI-126 |
| Examining witness deputy sheriff in unrelated matter |
R-15 |
| Lawyer/administrative hearing officer |
RI-110 |
| Personal and substantial participation |
R-15, JI-34 |
| Police commissioner taking criminal cases |
RI-180 |
| Prosecutor may not serve concurrently as magistrate |
JI-56 |
| Public attorney acting as referee |
RI-129 |
| Public attorney handling defense cases |
C-212, R-13 |
| Referee acting as assistant city attorney |
RI-129 |
| Special prosecutor appointments |
C-225, RI-152, RI-177 |
—Lawyer/title office owner
| Representing customer of own nonlaw business |
RI-5 |
| Reviewing title issued by own company |
RI-5 |
| Title company ownership |
RI-5 |
—Lawyer/trust kit operation
| Conflict screening mechanism |
RI-191 |
| Delegating judgment regarding customer need for legal service |
RI-191 |
| Document preparation service |
RI-191 |
| Door-to-door contacts of prospective clients |
RI-191 |
| Supervision of agents |
RI-191 |
—Part-time judicial officer
| City attorney/referee |
RI-129 |
| Disqualification |
RI-1, RI-129, RI-249 |
| Domestic relations referee and liaison attorney |
JI-29 |
| Government contract holder/private practice |
RI-68 |
| Hearing matters in which participated as lawyer |
RI-1, RI-129, RI-249 |
| Hearing matters presented by former law firm |
RI-1 |
| Office sharing |
RI-249 |
| Part-time probate judge/private practice |
JI-42 |
| Representing clients in matter formerly before as referee |
JI-29, RI-1, RI-129, RI-249 |
Due Process in Discipline Proceedings
See also Discipline Proceedings
back to list
—Decision-making
| Advocate present during deliberations |
State Bar Grievance Adm'r v. Beck, 400 Mich 40 (1977) |
| Bias in connection between prosecuting agency and hearing panel |
Matter of Mikesell, 396 Mich 517 (1976), In re Smeekens, 396 Mich 719 (1976), State Bar Grievance Adm'r v. Baun, 395 Mich 28 (1975), Withrow v. Larkin, 421 US 35, 95 S Ct 1456, 43 L Ed 2d 712 (1975) |
| Delay in issuing decision |
State Bar Grievance Adm'r v. Donigan, 403 Mich 172 (1978) |
| Delay in scheduling hearing |
State Bar v. Albert, 390 Mich 234 (1973) |
| Dismissal when court evenly divided |
Matter of Szymanski, 400 Mich 469 (1977) |
| Reasons for discipline must be stated |
State Bar Grievance Adm'r v. Williams, 394 Mich 5 (1975) |
—Effect of other proceedings
| Civil verdict, effect on discipline proceedings arising from same facts |
In the Matter of Bessman, 401 Mich 45 (1977) |
| Criminal verdict, effect on discipline proceedings |
Matter of Gillis, 402 Mich 286 (1978) |
| Discipline proceedings not moot when judge respondent not re-elected |
In the Matter of Probert, 411 Mich 210 (1981) |
| Double jeopardy inapplicable |
In the Matter of Probert, 411 Mich 210 (1981), Matter of Jenkins, 437 Mich 15 (1991), People v. Artman, 218 Mich App 236 (1996) |
| Effect of failure to win reelection on pending proceedings |
In the Matter of Probert, 411 Mich 210 (1981), In re Bayles, 427 Mich 1201 (1986) |
| Effect of lawyer discipline on sitting judge |
In re Moes, 389 Mich 258 (1973), In re Kapcia, 389 Mich 306 (1973) |
| Effect of suspension of law license on sitting judge |
Leitman v. State Bar Grievance Bd., 387 Mich 596 (1972) |
| Exhaustion of criminal appeals before imposition of discipline |
State Bar Grievance Adm'r v. Sauer, 390 Mich 449 (1973) |
| Res judicata, prior civil action |
In the Matter of Bessman, 401 Mich 45 (1977) |
| Res judicata, prior criminal action |
Matter of Gillis, 402 Mich 286 (1978) |
| Res judicata, prior Judicial Tenure Commission proceeding |
Matter of Del Rio, 407 Mich 336 (1979) |
| Self-incrimination Spevak v. Klein, 385 US 511 (1967) |
State Bar of MI v. Block, 383 Mich 384 (1970), In re Woll, 387 Mich 154 (1972), Sternberg v. State Bar, 384 Mich 588 (1971) |
—Evidence
| Collateral review of arguments in criminal appeal |
Matter of Gillis, 402 Mich 286 (1978) |
| Comparing discipline imposed in other cases |
In the Matter of Grimes, 414 Mich 483 (1982), Matter of Del Rio, 407 Mich 336 (1979) |
| Cross-examination of witnesses |
State Bar v. Murphy, 387 Mich 632 (1972) |
| Discovery by respondent |
Matter of Mikesell, 396 Mich 517 (1976) |
| Exculpatory evidence held by discipline agency |
Grievance Adm'r v. Attorney Discipline Bd., No 97692 MI Sup Ct (2/19/1994) |
| Failure to obtain documents or witness list requested from prosecutor |
State Bar Grievance Adm'r v. Roth, 400 Mich 484 (1977) |
| Inference drawn from exercise of right against self-incrimination |
In re Woll, 387 Mich 154 (1972) |
| Nolo contendere plea, effect on discipline |
In re Lewis, 389 Mich 668 (1973), Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979) |
| Prior charges or prior discipline referenced in complaint |
In the Matter of Daggs, 411 Mich 304 (1981) |
| Standard of proof, preponderance Matter of Loyd, 424 Mich 514 (1986) |
Matter of Jenkins, 437 Mich 15 (1991), State Bar Grievance Adm'r v. Posler, 390 Mich 581 (1973) |
—Nature of Proceedings
| Characterization of judicial discipline proceedings |
Matter of Mikesell, 396 Mich 517 (1976) |
| Characterization of lawyer discipline proceedings |
State Bar Grievance Adm'r v. Woll, 401 Mich 155 (1977) |
| Purpose of discipline proceedings |
State Bar Grievance Adm'r v. Trombly, 398 Mich 377 (1976) |
—Pleadings
| Answer, opportunity to amend |
In the Matter of Crane, 400 Mich 484 (1977), State Bar Grievance Adm'r v. Kopp, 402 Mich 74 (1977) |
| Discipline may be imposed only on counts charged in complaint |
In the Matter of McWhorter, 407 Mich 278 (1979), State Bar Grievance Adm'r v. Corace, 390 Mich 419 (1973) |
| Notice of charges |
In re Ruffalo, 390 US 544 (1968), State Bar Grievance Adm'r v. Corace, 390 Mich 419 (1973), State Bar Grievance Adm'r v. Fried, 388 Mich 711 (1972), State Bar Grievance Adm'r v. Jackson, 390 Mich 147 (1973), Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979), State Bar Grievance Adm'r v. Roth, 400 Mich 484 (1977) |
—Review
| Authority of Supreme Court to regulate bar |
State Bar Grievance Adm'r v. August, 438 Mich 296 (1991) |
| Comparing discipline imposed in other cases |
In the Matter of Grimes, 414 Mich 483 (1982), Matter of Del Rio, 407 Mich 336 (1979) |
| Complainant's right to hearing on dismissal of complaint |
Leitman v. State Bar Grievance Bd., 387 Mich 596 (1972) |
| Facts reviewed de novo in judicial discipline proceedings |
In re Somers, 384 Mich 320 (1971), Matter of Jenkins, 437 Mich 15 (1991) |
| Errors of fact in panel ruling |
State Bar Grievance Adm'r v. Beck, 400 Mich 40 (1977) |
| Factors for increasing recommended discipline |
State Bar Grievance Adm'r v. Ruebelman, 402 Mich 501 (1978), State Bar Grievance Adm'r v. Williams, 394 Mich 5 (1975) |
| Factors for reducing recommended discipline |
In the Matter of Daggs, 411 Mich 304 (1981), State Bar Grievance Adm'r v. Estes, 390 Mich 585 (1973), State Bar Grievance Adm'r v. Roth, 400 Mich 484 (1977) |
| Increasing discipline recommended by board |
Grievance Adm'r v. Hatchett, 440 Mich 1210 (1992) |
| Reasons for discipline must be stated in order |
State Bar Grievance Adm'r v. Williams, 394 Mich 5 (1975) |
| Rehearing based on new evidence |
In the Matter of Daggs, 411 Mich 304 (1981) |
| Reopening final orders |
State Bar Grievance Adm'r v. Lane, 406 Mich 638 (1979) |
| Right to Supreme Court review |
Tucker v. Michigan Attorney Discipline Bd., 95-CV-70048-DT (EDMI 9/30/1996) |
| Sanction term defined by occurrence of event |
State Bar Grievance Adm'r v. Ruebelman, 402 Mich 501 (1978) |
| Standard of review |
State Bar Grievance Adm'r v. Estes, 390 Mich 585 (1973) |
Duties of Office
| Administrative hearing officer negotiating employment with firm of party |
RI-11 |
| Appointing counsel for criminal defendant |
C-210 |
| Commissioner/lawyer handling private practice |
R-15 |
| Failing to keep accurate record of proceeding |
In re Heideman, 387 Mich 630 (1972) |
| Presiding over appeals from court handling unrelated personal matter |
JI-43 |
| Preventing unauthorized practice |
JI-26 |
| Sentencing practices involving designated charities |
JI-48, JI-55, JI-64 |
| Sentencing practices involving judicial campaigns |
JI-107 |
Elections
See Political Activity
back to list
Employees
See also Legal Assistant
See also Nonlawyers
back to list
| Acting as intermediary between lawyer and client |
RI-128, RI-191, 74 MBJ 438 (May 1995) |
| Appraiser |
RI-105 |
| Changing firms results in imputed disqualification |
RI-115, RI-284 |
| Compensation plans |
RI-143 |
| Confidentiality of communications from customers or clients |
RI-187, RI-285 |
| Court administrator spouse of prosecutor |
RI-12 |
| District court administrator spouse of prosecutor |
RI-12 |
| Duty to follow lawyer ethics rules |
R-1, RI-103, RI-104, RI-125 |
| Duty to protect confidences from transferring employees |
R-4, RI-115, RI-284, RI-285 |
| Duty to report misconduct of employees |
RI-29 |
| Imputed disqualification of hiring firm |
RI-115, RI-284, RI-285 |
| In house counsel giving recommendations to CEO |
RI-300 |
| Intake information protected by privilege |
RI-123 |
| Intermediary between lawyer and client |
RI-123, RI-191, 74 MBJ 438 (May 1995) |
| Judicial employees related to advocates before judge |
RI-12 |
| Law firm "leasing" lawyer employees |
RI-310 |
| Lawyer as court employee handling juvenile matters |
JI-50 |
| Lawyer's duty to instruct |
R-4 |
| "Leased" lawyer working for law firm |
RI-310 |
| Legal assistant handling administrative proceeding |
RI-125 |
| Legal assistant screening clients |
RI-128 |
| Lobbyist employee of law firm |
RI-187 |
| Nonlawyer employee of firm related to presiding judge |
C-216, J-6 |
| Nonlawyer listed on firm letterhead |
RI-34, RI-105 |
| Part-time referee engaging in law practice |
JI-126 |
| Probate court appointed lawyers |
JI-50 |
| Referee who also practices law before own court |
JI-126 |
| Signatories on trust accounts |
RI-107 |
| Subordinate lawyer disclosing information to supervising lawyer |
RI-300 |
| Subordinate lawyers, duty to report misconduct of |
RI-149 |
| Supervising lawyer who is subject to review by subordinate lawyer |
RI-300 |
| Supervision of |
RI-149, 71 MBJ 826 (Aug 1992) |
| Temporary employees listed on letterhead |
RI-290 |
| Temporary lawyers working for law firm |
RI-310 |
| Transferring lawyers |
R-4, RI-285 |
| Transferring nonlawyers |
RI-115, RI-284 |
| Union for employees conflicts with client |
RI-60 |
| Witness where supervisory lawyer is advocate |
RI-26, RI-233 |
Employment
| Administrative hearing officer negotiating employment |
RI-11 |
| Disciplined lawyer working in law firm |
Matter of Chappell, SC #72823 (1984) |
| In contemplation of leaving judicial office |
JI-35 |
| Job hunting with firm representing party |
RI-11 |
| Law firm "leasing" lawyer employees |
RI-310 |
| Lawyer leaving firm |
77 MBJ 1078 (Oct 1998) |
| "Leased" lawyers working for law firm |
RI-310 |
| Nonlawyer transferring after becoming lawyer |
RI-285 |
| Temporary lawyers working for law firm |
RI-310 |
| Transferring lawyers |
R-4, RI-285 |
| Transferring nonlawyers between law firms |
RI-115, RI-284 |
Environmental Practice
| Allocation impact affecting multiple clients differently |
R-16 |
| Client consent impact on multiple representation conflicts |
R-16 |
| Condemnation representation of government by outside counsel |
RI-267 |
| Disputes concerning divisions of PRPs |
R-16 |
| Duty to review potential conflicts after undertaking representation |
R-16 |
| Mistaken disclosure of documents |
RI-179 |
| Potential conflicts of interest |
R-16 |
| Representing multiple PRPs |
R-16 |
| Representing owners and generators |
R-16 |
| Representing major and de minimis PRPs |
R-16 |
| Restricting lawyer's representation |
RI-132 |
| Undertaking multiple representation |
R-16 |
Ethics Committee
| Amendments to ethics rules |
70 MBJ 184 (Jan 1991) |
| Authority to answer judicial ethics inquiries |
JI-8 |
| Composition of committee |
70 MBJ 184 (Jan 1991) |
| Ethics consultation |
74 MBJ 192 (Feb 1995) |
| Ethics opinions in pending matters |
JI-8 |
| Jurisdiction |
70 MBJ 184 (Jan 1991) |
| Matters pending before a tribunal |
JI-8 |
| Opinion requests |
70 MBJ 184 (Jan 1991) |
| Pending matters |
JI-8 |
| Procedures of committee |
70 MBJ 184 (Jan 1991) |
| Requests for ethics opinions from judges |
JI-8 |
| Rules of committee |
70 MBJ 184 (Jan 1991) |
Ethics Rules
| Applicability to administrative hearing officers |
R-12, RI-11 |
| Applicability to alternate dispute resolution |
RI-188, RI-265, RI-269, RI-274 |
| Applicability to assisting pro se litigant by delivering unbundled legal services |
RI-347 |
| Applicability to federal practice |
RI-162 |
| Applicability to lawyer's nonlaw business |
RI-198 |
| Applicability to legal assistants |
R-1, RI-103, RI-125 |
| Applicability to magistrates |
JI-10, JI-19, JI-29, JI-56, A/O 50 |
| Applicability to nonlawyers |
R-1, RI-103, RI-125 |
| Applicability to referees |
JI-10, JI-19, JI-29, A/O 111 |
| Applicability to superseded rules |
RI-270 |
Ex Parte Contacts
See Contact with Adjudicators
See Contact with Represented Persons
See Contact with Unrepresented Persons
See Witnesses
back to list
Expenses
See Costs and Expenses of Litigation
back to list
Extrajudicial Activities
See also Business Interests
See also Charitable/Civic Activities of Judges
See also Disqualification
See also Political Activity
See also Statements of Position
back to list
| Advancing personal interests of others |
JI-15, JI-41, JI-47, JI-135, JI-137 |
| Attending court proceeding as moral support for party |
JI-14 |
| Attorneys asked to participate in pro bono activities |
J-7 |
| Authoring publications |
JI-76, A/O 97 |
| Bingo participation for political party |
JI-73 |
| Business participation |
J-3, J-6, JI-70 |
| Character reference from judge |
JI-41, A/O 67 |
| Co-ownership of business with sheriff and magistrate |
JI-86 |
| Conciliation participation by judge |
JI-69 |
| Continuing relationship with judge's former law practice |
JI-89 |
| Corporate officer |
J-3, J-6, A/O 6 |
| Discipline hearing panel member |
JI-24 |
| Discrimination protest rally |
JI-109 |
| Display of attorney’s for-profit educational courses and materials |
JI-135 |
| Golf course board |
JI-70 |
| Handling funds for judicial association |
JI-136 |
| Health maintenance organization board service |
JI-72 |
| Honorarium for hosting cable television show |
JI-137 |
| Investigative work performed without charge |
A/O 10 |
| Investment club membership by judge |
JI-119 |
| Judge Advocate Corps service |
A/O 21 |
| Judge as member of investment club with lawyers |
JI-119 |
| Judge encouraging pro bono activities |
J-7 |
| Legal advisor |
A/O 6 |
| Negotiating for employment in contemplation of leaving judicial office |
JI-35 |
| Police commissioner |
JI-94 |
| Political party inviting judge to attend dinner |
JI-115 |
| Politically endorsed committee, judge as member |
JI-12 |
| Pro bono solicitation by judge |
J-7 |
| Public protest participation, discrimination |
JI-109 |
| Referrals to organization of which judge is board member |
JI-64, A/O 59 |
| Selling law books |
JI-40 |
| Seminar related to case pending before judge |
JI-84 |
| Soliciting pro bono participation |
J-7 |
| Solicitation of funds |
J-1, JI-3, JI-33, JI-48, JI-73, JI-136 |
| Speech at private company seminar |
JI-80 |
| Title examination services prohibited |
A/O 1 |
| Track steward services performed by judge |
JI-110 |
| Witness to will |
A/O 8 |
—Charitable activity
| Academic advisory committee |
A/O 35 |
| AIDS awareness ribbon worn on judicial robes |
JI-68 |
| Board member of a nonprofit legal aid organization |
JI-38, JI-51, A/O 45 |
| Judge participating in "lockup for charity" |
JI-125 |
| Legal aid organization board member |
JI-38, JI-51, A/O 45 |
| Non-judge director of judge's organization soliciting funds for charitable purpose |
JI-33 |
| Not for profit board memberships |
J-1, J-3, J-6, JI-42 |
| Setting "bail" for charity
event |
JI-125 |
| Soliciting funds for charity |
J-1, JI-33 |
| Sports participation of judges funded by lawyers |
JI-54 |
| Testimonial dinner for nonjudicial officer |
JI-49 |
—Civic activity
| Census committee board |
JI-18 |
| Millage participation by judge |
JI-116 |
| Police commissioner |
JI-94 |
| School millage participation |
JI-116 |
—Educational activity
| Academic advisory committee |
A/O 35 |
| Compensation |
JI-75, JI-76, JI-80 |
| Divorce pamphlet for nonlawyers |
JI-76 |
| Editing political journal |
JI-99 |
| Newspaper column |
C-217 |
| Scholarship to seminar for women leaders |
JI-75 |
| Seminar related to case pending before judge |
JI-84 |
| Speech at private company seminar |
JI-80 |
| Teaching at private educational institution |
JI-99 |
—Improvement of law or legal system
| Adult education elimination proposal |
JI-108 |
| Alternate dispute resolution center |
A/O 91 |
| "Commission to Take Testimony" |
A/O 2 |
| County reform committee |
A/O 19 |
| Court revision committee |
A/O 90 |
| Crime legislation implementation committee |
A/O 68 |
| Debate moderator |
A/O 23, A/O 63 |
| Debate sponsored by political party—judge as moderator |
JI-121 |
| Development authority for municipality |
A/O 96 |
| Fund granting activities |
JI-12 |
| Government board |
JI-12 |
| Judge serving as moderator at debate |
JI-121 |
| Law Revision Commission membership |
JI-67 |
| Millage campaign participation |
JI-46 |
| "One House Legislature" committee |
A/O 46 |
| Police commissioner |
JI-94 |
| Political party-sponsored debate—judge as moderator |
JI-121 |
Extrajudicial Communications
See Contact with Adjudicators
See Contact with Represented Persons
See Contact with Unrepresented Persons
See Contact with Witnesses
back to list
Federal Practice
| Applicability of ethics rules |
RI-162 |
Fees
See also Contingent Fee
See also Decision-Making Authority of Client
See also Division of Fees
See also Referral Fees
See also Trust Accounts
back to list
See Legal Fees and Ethics, 78 MBJ 712 (July 1999)
—Advertising
| Consultation fees |
RI-244 |
| Discounts |
RI-164, RI-229 |
| Donations |
RI-163 |
| Fee schedule |
RI-244 |
| "No fee unless recovery" |
C-238, RI-9 |
—Calculation of Fee
| Accounting to client |
R-7 |
| Adjustments in fee agreement after work performed |
RI-150, RI-241 |
| Ambiguous in fee agreement |
RI-162 |
| Apportionment among third parties benefited by services |
RI-155 |
| Assisting client to proceed pro se |
C-223 |
| Billing multiple clients for work during same time period |
RI-150 |
| Charging fee for grievance defense |
RI-296 |
| Charging for withdrawal |
RI-296 |
| Court-awarded sanctions |
73 MBJ 1085 (Oct 1994) |
| Disciplined lawyer |
RI-19, RI-30, RI-270 |
| Division of fee with out-of-state attorney |
RI-122 |
| Divorce case, "results obtained" or "value added" provision |
RI-346 |
| Duty to review reasonableness of fee before collection |
RI-150, RI-162 |
| "Earned" portions of fixed fee |
RI-69 |
| Fixed fee refund |
RI-69 |
| Installment recovery |
RI-162 |
| Interest on past due accounts |
70 MBJ 948 (Sep 1991), 76 MBJ 986 (Sep 1997) |
| Interrupted representation |
75 MBJ 294 (Mar 1996) |
| Mixed fee, hourly/percentage/fixed |
RI-6 |
| No-fault insurance representation |
C-223, C-226, RI-155 |
| "Nonrefundable" retainer refund |
RI-10, RI-69 |
| Out-of-state attorney, division of fee |
RI-122 |
| PIP claims |
C-223, RI-155, 71 MBJ 195 (Feb 1992) |
| Present value of pension benefits |
RI-162 |
| Property execution against client exceeds fee owed |
RI-277 |
| "Quantum meruit" calculated |
R-11, RI-30, 68 MBJ 856 (Sep 1989) |
| "Reasonableness" of fee |
RI-150, RI-162 |
| Reviewability by court |
RI-162 |
| Scope of representation affects calculation |
RI-175 |
| Setting aside settlement |
RI-175 |
| Settlement negotiation on merits |
C-235 |
| Surcharges |
RI-241 |
—Collection of
| Assignment of receivables while representing debtor |
RI-159 |
| Bypassing trust account |
RI-189 |
| Court-appointed receiver charging to defend grievance |
RI-330 |
| Court-awarded fees |
RI-247 |
| Court awarded sanctions |
RI-303 |
| Credit card arrangement for client fees |
RI-168, RI-344 |
| Disciplined lawyer |
RI-19, RI-30, RI-270 |
| Disputed fees—court awarded sanctions execution against client property |
RI-277 |
| Hospital charged for no-fault representation |
C-226, RI-155 |
| Insufficient funds to pay client judgment and fee award |
RI-247 |
| Litigation while still representing client prohibited |
RI-159 |
| Pursuing fee award when client judgment unsatisfied |
RI-247 |
| Receiver charging fees to defend grievance |
RI-330 |
| Sanctions ordered by court—division with client |
RI-303 |
| Written fee agreement—court awarded sanctions |
RI-303 |
—Confidentiality of
| Accounts receivable information disclosed to bank |
RI-77 |
| Fee arrangement |
75 MBJ 822 (Aug 1996) |
| Reporting cash transactions over $10,000 |
RI-54 |
| Revealing amount to opposing party as part of settlement negotiation of client's matter |
C-235 |
—Conflicts of Interest
| Attorney fee as part of negotiated settlement on merits |
C-235 |
| Commission from real estate broker for referring customers |
RI-146 |
| Court awarded sanctions |
RI-303 |
| Disputed fees—court awarded sanctions |
RI-303 |
| Forwarding client to nonlawyer for services, collecting fee |
RI-231 |
| No-fault claim and medical providers |
C-223, RI-155 |
| Sanctions ordered by court—division with client |
RI-303 |
| Screening disqualified lawyer from participation in fee |
R-4 |
| Segregating transferred lawyer from fee |
R-4 |
| Transferring lawyer screened |
R-4 |
| Use of subsidiary firm to limit fees |
RI-326 |
| Written fee agreement—court awarded sanctions |
RI-303 |
—Disputes Concerning Fees
| Appeal, no extra charge |
R-11 |
| Arbitration clause as part of agreement |
RI-2, RI-196 |
| Client consent to referral service portion |
RI-32 |
| Contested referral fee |
RI-224 |
| Contingent fee agreement, portion for successor lawyer |
R-11 |
| Deposit in interest-bearing trust account until earned |
R-7 |
| Disbursing trust funds |
R-7 |
| Failure to perform when not paid |
In re Daggs, 384 Mich 729 (1971) |
| Judicial objection to attorney fee |
RI-162 |
| Lawyer testifying; firm disqualification |
RI-299 |
| Liens, charging |
68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994) |
| Liens, retaining |
68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994) |
| Liens, security interest |
RI-40, 68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994) |
| Notice to medical providers on no-fault claim |
C-226, RI-155 |
| Property execution exceeds fee owed |
RI-277 |
| Stipulation for withdrawal when not paid |
RI-20 |
| Unearned fees deposit in trust account |
R-7 |
| When available only on percentage basis |
RI-15 |
—Nonpayment of Fees
| Assignments of receivables |
RI-159 |
| Calculation dispute |
R-7, RI-84 |
| Court award against client real estate |
RI-277 |
| Credit card arrangement for clients |
RI-168 |
| Disbursement dispute |
R-7, RI-61, RI-64, RI-69 |
| Failure to perform when lawyer not paid |
In re Daggs, 384 Mich 729 (1971) |
| Insurance policy on life of client to secure fee |
RI-27 |
| Interest on unpaid accounts |
76 MBJ 986 (Sep 1997) |
| Liens, charging |
68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994) |
| Liens, judgment |
RI-277 |
| Liens, retaining |
68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994) |
| Liens, security interest |
RI-40, RI-277, RI-357, 68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994) |
| Mortgage interest to secure |
RI-40, RI-354 |
| Remedies |
68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994) |
| Reporting unpaid bills to credit reporting agency permissible only under certain conditions |
RI-335 |
| Security interest |
RI-40, RI-357, 73 MBJ 690 (Jul 1994) |
| Stipulation for withdrawal when not paid |
RI-20 |
| Suit for unpaid fees against current client |
RI-159 |
—Terms of Agreement
| Appeal, no provision for taking |
R-11 |
| Arbitration clause in attorney/client fee agreement |
RI-2, RI-196 |
| Bequest to particular beneficiary |
RI-229 |
| Bypassing trust account |
RI-189 |
| Client agreeing to pay lawyer's malpractice premium |
RI-319 |
| Consent of client for division of fee |
RI-32 |
| Conservator as client/contingent fee |
RI-304, RI-342 |
| Contingency fee re-negotiating with client |
RI-308 |
| Contingent fee agreement silent concerning appeal |
R-11 |
| Contingent fee divided with out-of-state attorney |
RI-122 |
| Contingent fee divided with suspended lawyer |
RI-30 |
| Contingent fee for independent contractor |
RI-104 |
| Contingent fee for insurance benefits owed fiduciary client |
RI-340, RI-342, RI-350 |
| Disclosure of details of fixed fee for representing insured not required |
RI-343 |
| Discounts for special clients |
RI-32, RI-147, RI-229 |
| Discounts for specific services |
RI-164, RI-229 |
| Discounts as incentives for membership in organization |
RI-147 |
| Divorce case, "results obtained" or "value added" provision |
RI-346 |
| Donation of fee to charitable purpose |
RI-163 |
| Escheated funds |
RI-193, RI-359 |
| Fee division with law firm |
RI-305 |
| Fees paid by third party |
RI-293 |
| Fixed fees |
RI-50, RI-69 |
| Flat fee, insufficient for adequate representation |
RI-337 |
| Hourly/percentage rate, greater of |
RI-6 |
| Hourly/percentage rate, lesser of |
RI-6 |
| Independent judgment—fees paid by third party |
RI-293 |
| Insurance policy on life of client to secure fee |
RI-27 |
| Installment recovery |
RI-162 |
| Insurer paying fixed fee cannot require lawyer not to disclose fee basis to client |
RI-343 |
| Interest charged on unpaid client accounts |
70 MBJ 948 (Sep 1991) |
| Lawyer departing firm |
RI-305 |
| Lawyers in different firms |
RI-305 |
| Limited to specific advice |
RI-132 |
| Limiting liability in retainer agreement |
RI-319 |
| Mixed fee, client pays greater of two calculations |
RI-6 |
| Mixed hourly/percentage rate |
RI-6, RI-114 |
| Mortgage on client property to secure fee |
RI-40 |
| Parent paying for representation of minor child |
RI-140 |
| Partnership agreement |
RI-305 |
| Probate and wrongful death action charged at different rates |
RI-114 |
| "Reasonableness" of fee agreement |
RI-150, RI-162, RI-168, RI-193 |
| Reduced billing for limiting liability of lawyer |
RI-319 |
| Re-negotiating contingency fee agreement |
RI-308 |
| Reviewable by court |
RI-162 |
| Set by contract with referral agency |
RI-17 |
| Stipulation for withdrawal if fee not paid |
RI-20 |
| Third party limiting advice or services |
RI-132 |
| Transportation time to and from court |
RI-150 |
—Terms of Payment
| Accepting credit card payments for advance legal fees |
RI-344 |
| Advising client of available fee options |
RI-17 |
| Allocating attorney fees to class action clients |
RI-324 |
| Attorney fees allocated to class action clients |
RI-324 |
| Costs, client responsible for court costs |
RI-104 |
| Conflict of interest and acceptance of referral fee |
RI-116 |
| Foreclosure exceeds fee owed |
RI-277 |
| Installment recovery, how fee paid |
RI-162, RI-175 |
| Insurance policy, lawyer beneficiary on client life |
RI-27 |
| Interest on unpaid client accounts |
70 MBJ 948 (Sep 1991) |
| Limited to specific advice |
RI-132 |
| Mortgage on client property to secure fee |
RI-40, RI-354 |
| Set by contract with referral agency |
RI-17 |
| Third party limiting advice or services |
RI-132 |
| Witness fees |
C-240, RI-104 |
—Types of Fees
| Alimony, collection of |
RI-28 |
| Collection cases taken on percentage basis |
RI-15 |
| Commission from nonlawyer for referring business |
RI-146 |
| Contingency fee—re-negotiating with client |
RI-308 |
| Consultant contract with law firm |
RI-104 |
| Contingent fee agreement, portion for successor lawyer |
R-11 |
| Contingent fee for renegotiating settlement |
RI-175 |
| Contingent fee in collection case |
RI-15 |
| Contingent fee in domestic relations cases |
RI-28, RI-127, RI-198, RI-204, RI-346 |
| Court-awarded sanctions |
73 MBJ 1085 (Oct 1994) |
| Divorce case, "results obtained" or "value added" provision |
RI-346 |
| "Earned" portions of fixed fee |
RI-69 |
| Fixed fee, refunds |
RI-69 |
| Fixed fee arrangement terminated |
RI-69 |
| Fixed fee for subsidiary firm |
RI-326 |
| Hourly rate to submit to deposition |
RI-3 |
| Interest on unpaid client account |
70 MBJ 948 (Sep 1991) |
| Late fees |
RI-241 |
| Mixed fees consisting of hourly/percentage/referral |
RI-6, RI-114, RI-150 |
| Nonrefundable retainers, criteria |
RI-10, RI-69 |
| Nonrefundable retainers deposited in operating account |
R-7 |
| Referral fee |
RI-224 |
| Referral fee from insurance agent |
RI-339 |
| Referral service participation |
70 MBJ 146 (Feb 1991) |
| Re-negotiating contingency fee agreement |
RI-308 |
| Retainer, accepting without instruction concerning work |
RI-58 |
| Retainer, nonrefundable |
R-7, RI-69 |
| Retainers deposited in trust account |
R-7, R-21 |
| Statutory attorney fees |
C-235 |
| Subsidiary firm charging fixed fee |
RI-326 |
| Surcharges |
RI-241 |
| Transferred lawyer, screened from fee |
R-4 |
| Transportation time charged to client |
RI-150 |
| Witness fees |
C-240, RI-104, RI-138 |
—Written agreement
| Ambiguity interpreted for client |
RI-184 |
| Appeal not covered in trial contract |
R-11 |
| Arbitration of fee disputes |
RI-2, RI-196 |
| Client agreeing to pay lawyer's malpractice premium |
RI-319 |
| Contingent fee based upon future recovery |
RI-175 |
| Interest charges |
70 MBJ 948 (Sep 1991) |
| Lawyer departing firm |
RI-305 |
| Lawyers in different firms |
RI-305 |
| Limiting liability in retainer agreement |
RI-319 |
| Mixed fee arrangements |
RI-6 |
| Nonrefundable retainer |
RI-10 |
| Partnership agreement—division of fees |
RI-305 |
| Reduced billing for limiting liability of lawyer |
RI-319 |
| Security interest to secure fee |
RI-40 |
Fee Splitting
See Division of Fees
See Lawyer Referral Services
back to list
Files of Client
See also Liens
See also Record Retention
See also Safekeeping Client Property
back to list
| Access to information about client of former firm |
R-5 |
| "Client property" |
RI-240 |
| Copying costs |
RI-203 |
| Damaged client files |
RI-109 |
| Declined representation |
RI-240 |
| Departing lawyer |
RI-86 |
| File is property of lawyer |
R-19 |
| Held by discharged lawyer until costs paid |
RI-86, RI-245 |
| Microfilm in lieu of paper file |
R-12 |
| Lien |
68 MBJ 856 (Sep 1989), 70 MBJ 1196 (Nov 1991), 73 MBJ 690 (Jul 1994) |
| Notice regarding disposition of closed representation files |
R-12, RI-109, RI-240 |
| Ownership of representation file |
R-19 |
| Record retention plan |
R-5, RI-178, RI-240, 70 MBJ 1018 (Oct 1991) |
| Referral agreement—new client against firm |
RI-294 |
| Retaining lien |
RI-203, 68 MBJ 856 (Sep 1989) |
| Retiring lawyer |
RI-100 |
| Returning file to client |
RI-203, RI-240, R-19, 70 MBJ 1196 (Nov 1991), 68 MBJ 856 (Sep 1989), 68 MBJ 360 (May 1989) |
| Successor counsel not responsible for client's arrearages |
RI-203 |
| Withholding file until fee is paid |
RI-203, 70 MBJ 1196 (Nov 1991), 68 MBJ 856 (Sep 1989), 68 MBJ 360 (May 1989) |
Financial Interests
See also Business Interests
See also Disqualification
See also Dual Practice
back to list
| Accepting referral from investment firm |
RI-317 |
| Alternate dispute resolution business, waiver of liability |
RI-263 |
| Attorney advocate in matter |
C-228, J-4, J-6, JI-39, People v. Perkins, 193 Mich App 209 (1992) |
| Collateral for law firm bank loan |
RI-77 |
| Disclosure by judge |
JI-13 |
| Disqualification of judge—firm purchasing judge's former practice |
JI-118 |
| Divestiture by judge |
JI-13 |
| Financial connection between judge and advocate |
C-228, J-4, J-6, People v. Perkins, 193 Mich App 209 (1992) |
| Judge as landlord to lawyers |
J-4, J-6, JI-6 |
| Judge failing to report outside income |
Matter of Jenkins, 437 Mich 15 (1991) |
| Judge negotiating personal loan from estate |
In re Graham, 366 Mich 268 (1962) |
| Judge receiving pro bono legal services |
JI-106 |
| Law firm buying judge's former practice appearing before judge |
JI-118 |
| Lawyer named as personal representative without bond |
RI-291 |
| Loan for law firm, revealing accounts receivable |
RI-77 |
| Pension plan of judge |
JI-20 |
| Referral fee from investment firm |
RI-317 |
| Regular or one-time disbursements to judge |
J-4, J-6 |
| Spouse of judge as landlord to lawyers |
JI-13 |
| Waiver of liability, nonlaw business |
RI-263 |
Firm Name
| Common name not previously affiliated with firm |
RI-173 |
| "Continuing succession" |
RI-45 |
| Deceased lawyer |
RI-45 |
| Employee of firm in name of firm |
RI-59 |
| Former shareholder remaining with firm as employee |
RI-59 |
| Franchising firm name as trade name |
RI-130 |
| Inferring multiple offices |
RI-246 |
| Historical landmark in firm name |
RI-173 |
| "Honorable" being used by former judge |
RI-327 |
| Lawyer and medical professionals |
RI-212 |
| Lawyer no longer associated with firm |
RI-45 |
| Lawyer not in fact partner or shareholder |
RI-45 |
| Liability when office-sharers use joint name |
American Casualty Co. v. Costello, 174 Mich App 1 (1989) |
| Limited Liability Company |
R-17 |
| Misleading ads, inferring more than one lawyer |
RI-221, RI-246 |
| "Of counsel" |
RI-90 |
| Professional corporation held out as partnership |
RI-144 |
| Professional corporation with name of out-of-state lawyer |
RI-144, RI-353 |
| Retaining title "Honorable" when entering private practice |
RI-327 |
| Retired shareholder |
RI-90 |
| Shareholder name in PC name |
RI-59 |
| Subsidiary firm |
RI-326 |
| Trade names |
C-231, RI-130, RI-173, RI-212, RI-221, RI-326 |
| Unassociated lawyers |
C-230, RI-130 |
| Using "Honorable" in letterhead |
RI-327 |
Forgery
See also Fraud
See also
Misconduct
back to list
| Client fraud |
RI-209 |
| Conduct as lawyer results in removal |
Matter of Loyd, 424 Mich 514 (1986) |
| Misconduct as attorney resulting in removal from office |
Matter of Ryman, 394 Mich 637 (1975) |
Former Client
See also Conflicts of Interest
See also Disqualification
See also Dual Practice
See also "Personal and Substantial" Participation
See also Record Retention
See also Winding Up Law Practice
back to list
—Changing Firms
| Former defense counsel becomes prosecutor |
RI-152 |
| Insurance defense counsel transfers to plaintiff firm |
R-4 |
| Screening |
R-4 |
—Confidentiality
| Address of former client |
RI-207 |
| Collection of judgment affected by prospective case |
RI-137 |
| Consultation not resulting in representation |
RI-154 |
| Current client's alleged fraud against former client |
RI-217 |
| Disqualified prosecutor may not select special prosecutor |
RI-152 |
| Joint client privilege vis-a-vis each other |
RI-287 |
| Likelihood that confidential information will be used or disclosed |
RI-192, RI-282 |
| Nonpublic information relevant to subsequent case |
RI-248 |
—Materially Adverse
| Adverse to former client's recovery under judgment |
RI-137, RI-174 |
| Real estate claim against former client's property settlement |
RI-248 |
—Motion for Disqualification
| Judicial discretion in granting motions |
RI-51, RI-287 |
| Tactical motions |
RI-287 |
—"Substantially Related"
| Access to information about client of former firm |
R-4 |
| Adversary of |
R-4, RI-8 |
| Arising out of same incident with same parties |
RI-287 |
| Assisting prospective client against |
RI-106 |
| Changed circumstances as affecting |
RI-282 |
| Child custody dispute with former client as interested person |
RI-161 |
| City attorney presiding as hearing officer in matters related to city client's insurer |
RI-129 |
| Confidentiality breach inevitable, disqualification |
RI-35 |
| Confidentiality breach possible |
RI-46 |
| Confidentiality duties to prospective client |
RI-48, RI-154 |
| Conflict screening |
R-4, 70 MBJ 72 (Jan 1991) |
| Consent to related representation |
RI-35 |
| Corporation objecting to former counsel's representation |
RI-35 |
| Custody dispute, spouse of former client |
RI-161 |
| Defending client against |
R-4, RI-4 |
| Disclosure of illegal activity |
RI-72, RI-106, RI-111, RI-138 |
| Discrimination suit against company lawyer formerly represented in discrimination matter |
RI-192 |
| Divorce and land foreclosures |
RI-46 |
| Divorce matter against same opponent |
RI-137 |
| Divorce representation against former divorce client |
RI-282 |
| Firm of transferring lawyer |
R-4 |
| Former prosecutor serving as judge |
JI-34 |
| Hearing matter as referee |
RI-1 |
| Illegal conduct of |
RI-138 |
| Imputed disqualification after initial consultation |
RI-48 |
| Initial consultation triggering disqualification |
RI-48, RI-154 |
| Initial interview by nonlawyer employee |
RI-123 |
| Insured's claim against insurer formerly represented with insured |
RI-287 |
| Insurer which regularly forwards business as adverse party in unrelated matter |
C-234 |
| Interference with ability of client to collect judgment |
RI-137 |
| Joint clients in new dispute |
RI-248 |
| Judgment for former client affected in current representation |
RI-137, RI-174 |
| Lawyer changing firms |
R-4 |
| Lawyer's duty to prove no conflict |
RI-48 |
| Likelihood that confidential information is relevant |
RI-35, RI-46, RI-174, RI-282 |
| Of former firm |
R-4 |
| Of former firm, representing adversary |
R-4, RI-8 |
| Overlap of factual or legal issues with current representation |
RI-46, RI-282 |
| Property dispute awarded to former client |
RI-174 |
| Prospective client causing later disqualification |
RI-48, RI-154 |
| Real estate claim against former client's property settlement |
RI-248 |
| Representing unrelated client against insurer who regularly forwards business |
C-234 |
| Scope of representation makes unintentional breach of confidences inevitable |
RI-35 |
| Shareholder against former client corporation |
RI-95 |
| Subject matter same as current representation |
RI-46 |
| Subsequent representation depleting assets available to satisfy client's judgment |
RI-137 |
| Time passage as affecting |
RI-282 |
| Transferring lawyer |
R-4, RI-8, RI-285 |
| Transferring nonlawyers |
RI-115, RI-284 |
| Will beneficiaries against former client personal representative |
RI-87 |
| Witness in former client's proceeding |
RI-41 |
—Screening
| Adequacy |
R-4 |
| Imputation to assistant prosecutors |
RI-43, RI-152 |
| Not acceptable once conflict arises |
RI-139 |
—Withdrawal
| Consultation not resulting in representation |
RI-154 |
| Screening does not avoid duty |
RI-139 |
| Timeliness |
RI-139 |
| Unavailability of substitute counsel not an excuse |
RI-139 |
Forwarding Business
See also Ancillary Services
See also Division of Fees
See also Lawyer Referral Services
See also Office Sharing
back to list
—Referral to law firm
| From independent document preparation service |
RI-186 |
| From lawyer's document preparation service |
RI-191 |
| From lawyer's financial planning business |
RI-190 |
| From lawyer's insurance business |
RI-135 |
| From nonlaw business |
74 MBJ 438 (May 1995) |
| From lawyer's title insurance company |
RI-5 |
| From marital counseling service |
RI-206 |
| From physician |
RI-205 |
—Referral to nonlaw business
| Financial planning business owned by lawyer |
RI-190 |
| Insurance business owned by lawyer |
RI-135 |
| Lawyer's total fee in contingency matter limited to 1/3 |
RI-231 |
| Payment to lawyer |
RI-231 |
| Percentage of nonlawyer's fee charged to client |
RI-231 |
| Real estate brokerage |
RI-146 |
| Title insurance company owned by lawyer |
RI-5 |
Former Law Firm
See Law Firm
See Winding Up Law Practice
back to list
Fraud
| Assisting client's illegal or fraudulent act |
RI-160 |
| Bankruptcy fraud |
RI-184 |
| Client's fraudulent acts |
RI-209 |
| Fraudulent alteration of deeds before becoming judge |
Matter of Ryman, 394 Mich 637 (1975) |
| Fraudulent conveyance, duty to rectify |
RI-151, RI-156 |
| Investment fraud, identifying victims |
RI-81 |
| Set aside divorce judgment for fraud |
RI-127 |
| Submitting applications in name of deceased person |
Matter of Hotchkiss, 411 Mich 1135 (1981) |
| Suspicion of client fraud insufficient to allow disclosure |
RI-156 |
| Tax fraud of parties, judge's reporting duty |
A/O 89 |
Frivolous Suits
| Duty to dismiss |
R-9 |
| Duty to investigate |
R-9 |
| "Reasonable investigation" |
R-9 |
| Relying on client's version of facts |
R-9 |
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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