Gifts
| Art display in courthouse |
JI-25 |
| Court personnel gift to retiring judge |
A/O 72 |
| Discount for hotel room improper |
Grievance Adm'r v. Lopatin, Attorney Discipline Bd. 92-224-GA (2/23/96) |
| Free legal service, judge accepting |
JI-106 Matter of Lawrence, 417 Mich 248 (1983) |
| Honorarium for speech |
JI-80 |
| Legal services to judge |
JI-106 |
| Reporting extrajudicial income |
JI-80 |
| Representing judge pro bono |
JI-106 |
| Retirement gift to judge |
A/O 27, A/O 72 |
| Scholarship for judicial seminar |
JI-75 |
| Testimonial dinner in judge's honor |
JI-9 |
Government Agency
See also Administrative Agency Practice
See also Public Official
back to list
| Applicability of the Michigan Rules of Professional Conduct |
R-12 |
| Commissioner representing clients against subordinate boards |
R-15 |
| Commissioner examining witness/employees of subordinate boards |
R-15 |
| Consent to former public employee representation |
RI-253 |
| County and sheriff's department represented by same attorney |
RI-96 |
| Firm of commissioner representing clients before commission |
C-241, RI-22, RI-180, RI-236 |
| Judge serving on fund granting board |
JI-12 |
| MESC hearing officer 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's office consenting to former employee representation |
RI-253 |
| Representing client before state agency where law firm member is legislator |
RI-306 |
| Sheriff's deputies as witnesses in case brought by lawyer/commissioner |
R-15 |
| Waiver of lawyer conflict |
RI-267 |
Government Lawyer
See also City Attorney
See also Dual Practice
See also Prosecutors
See also Public Corporation Law
See also Public Defender
See also Public Official
back to list
See Unique Ethics Concerns for the Government Lawyer,
77 MBJ 76 (Jan 1998)
| Acting as state hearing referee |
RI-129 |
| Administration of justice, conduct prejudicial to |
RI-52 |
| Advising city official arrested |
RI-259 |
| Appearing before colleague |
RI-47 |
| Applicability of the Michigan Rules of Professional Conduct |
R-12 |
| Arrest of city official |
RI-259 |
| City attorney advising on arrest of public official |
RI-259 |
| City attorney appearing before city attorney |
RI-47 |
| City attorney handling defense cases |
C-212, R-13 |
| City attorney preparing quitclaim deeds |
RI-157 |
| Commissioner serving as township attorney |
C-214 |
| Conflicts with pro bono cases |
RI-283 |
| Consent of former employer government agency for representation of client by former public official |
RI-4 |
| Consent when former employee represents client |
RI-4 |
| Continuing representation of defendant on appeal |
RI-295 |
| Corporation counsel formerly presided over jail |
A/O 41 |
| County attorney access to county legal services data |
RI-210 |
| Criminal representation by former city attorney |
RI-4 |
| Defense contract bid by former prosecutor |
RI-253 |
| Disclosure of title defects when transferring property |
RI-157 |
| Discussions about pending legal matters |
RI-266 |
| Disqualification of former defense lawyer elected prosecutor |
RI-152 |
| Disqualification of former government lawyer |
JI-34, R-13, RI-4, RI-253 |
| Disqualification of former public official |
R-15, RI-4 |
| Disqualification of judges who were assistant prosecutors |
JI-34 |
| Disqualification of judges who were chief prosecutors |
JI-34 People v. Hampton, 184 Mich App 434 (1990) |
| Drafting legislation for minority council member |
RI-254 |
| Employment law counseling |
RI-259 |
| Ethics duties for government lawyer |
77 MBJ 76 (Jan 1998) |
| Ethics rules, applicability |
R-12 |
| "Feeder" for private practice |
RI-68 |
| Firm of legislator representing municipal clients |
RI-331 |
| Former public official undertaking representation against agency which formerly employed |
RI-4, RI-253 |
| Former prosecutor handling defense work |
RI-253 |
| Government contract holder/private practice |
RI-68, RI-253 |
| Government lawyer also representing tax assessors |
RI-307 |
| Imputed disqualification of prosecutor's office |
RI-43, RI-152, RI-242 |
| Incompatible offices statute enforced against commissioners by county corporation counsel |
RI-112 |
| Insurance claims of prosecutor's spouse poses conflict |
RI-280 |
| Judge was previously prosecutor |
JI-34 |
| Lawyer-legislator represents municipal clients |
RI-331 |
| Liaison attorney |
JI-29 |
| Minority opinion on council vote |
RI-254 |
| Multiple clients, municipality and tax assessors |
RI-307 |
| Municipality, representing county and tax assessors |
RI-307 |
| Notice, when law firm of former employee represent client |
RI-4 |
| Part-time referee handling private practice |
RI-1 |
| "Personal and substantial" participation in prior employment |
JI-34, RI-4, RI-11, RI-43, RI-129, RI-152, RI-253 |
| Presiding in cases in which jurisdiction's insurer appears as party |
RI-129 |
| Prosecutor bidding on defense contract |
RI-253 |
| Prosecutor handling spouse's insurance dispute |
RI-280 |
| Prosecutor trying cases before judge who is prosecutor's campaign opponent |
J-6, JI-23, JI-96, RI-52, A/O 103 |
| Prosecutor's office as "law firm" |
RI-43 |
| Referral fee |
RI-68 |
| Real estate transfers for client city |
RI-157 |
| Receiving information from chief of police |
RI-259 |
| Representing criminal defendants |
RI-4 |
| Representing individual council members |
RI-254 |
| Screening former public officials |
RI-4 |
| Screening new employees |
RI-43 |
| Screening new firm from new lawyer's continuing clients |
RI-97 |
| Sheriff's department as client of county attorney |
RI-96 |
| Serving on management grievance board |
RI-47 |
| Special prosecutor appointments |
C-225, RI-152 |
| Spouse handling cases against agency |
C-213, J-6, R-3 |
| "Substantial participation" in a matter |
JI-34, RI-4, RI-11, RI-253 |
Guardianship
See also Disability
See also Probate and Estate Practice
back to list
| Competence of ward to execute legal documents |
RI-176 |
| Confidential information concerning guardian |
RI-62 |
| Conflict arising between report and subsequent client |
RI-227 |
| Conflicts between duties of fiduciary and lawyer |
RI-213 |
| Conflicts between interests of ward and guardian |
RI-176 |
| Conflicts in conservatorship and personal injury action |
RI-215 |
| Contract for public conservator services |
RI-213 |
| Decision-making in legal matters |
RI-213 |
| Disabled client |
RI-76, RI-176 |
| Fiduciary as "client" of lawyer |
RI-213 |
| Fiduciary duties distinguished from legal duties |
RI-213 |
| Guardian ad litem as "public" duties of attorney |
RI-176, RI-227 |
| Guardian ad litem related to public employees |
RI-250 |
| Guardian ad litem report to court |
RI-318 |
| Guardian ad litem subsequent representation in matter |
RI-227 |
| Guardian's suitability to serve |
RI-62, RI-176 |
| Imputed disqualification of firm members |
RI-176 |
| Intermediary for prospective ward and prospective guardian |
RI-176 |
| Lawyer duties with fiduciary client |
R-10, RI-304, RI-342, RI-350 |
| Lawyer serving as ward's fiduciary |
RI-213 |
| "Living will" and health care directive information presented at seminar |
RI-141 |
| Minor child as client |
RI-140 |
| Part-time judge serving as conservator |
JI-88 |
| Petitioner for guardianship as "client" of lawyer |
RI-176 |
| Petitioning for guardianship while representing prospective ward |
RI-176 |
| Report to court on guardian ad litem duties |
RI-318 |
| Representing prospective ward and prospective guardian |
RI-176 |
| Revoking power of attorney and petitioning for guardianship |
RI-176 |
| Subsequent representation of interested person by guardian |
RI-227 |
| Violation of statute by lawyer |
A/O 18 |
| Waiver of liability from relatives of ward |
RI-258 |
| Ward as party in legal action, decision-making |
RI-213 |
| Withdrawal as next friend, when sued by ward |
RI-170 |
Identity of Client
See Client
back to list
Impropriety
See Appearance of Impropriety
back to list
Imputed Disqualification
See also Conflicts of Interest
See also Disqualification
See also Law Firm
back to list
| Attorney general divisions |
RI-177 |
| Bar applicant representation improper when firm member sits on admissions committee |
RI-194 |
| Clients brought to firm by new lawyer conflict with firm's existing clients |
RI-97 |
| Conflict with existing client not discovered until representation undertaken |
RI-139 |
| Contingency to represent client after claim of malpractice |
RI-25 |
| Disclosure of client's illegal conduct |
RI-138 |
| Entire firm—conflict of one lawyer |
RI-289 |
| Failure to screen transferring lawyer |
R-4 |
| Firm disqualification—client adjudicated by firm member |
RI-288 |
| Firm of commissioner representing clients before commission |
C-241, RI-22, RI-180, RI-236 |
| Firm of part-time magistrate before magistrate's court |
JI-97 |
| Former client testifying against current client |
RI-138 |
| Initial consultation triggers disqualification |
RI-48, RI-123 |
| Intake information obtained by nonlawyer employee may result in disqualification |
RI-123 |
| Judge's spouse is assistant prosecutor |
JI-101, JI-133 |
| Law firm appearing before subordinate board |
C-241, RI-22, RI-180 |
| Lawyer as witness on will subject of dispute |
RI-87 |
| Lawyer changing firms |
R-4 |
| Lawyer for municipality related to mayor |
RI-94 |
| Lawyer/legislator member of firm representing municipal clients |
RI-331 |
| Lawyer/legislator’s firm disqualified where lawyer disqualified |
RI-331 |
| Lawyer's duty to prove absence of conflict |
RI-48 |
| Legislator’s firm representing municipal clients |
RI-331 |
| No imputation when attorney spouses practice |
J-6, R-3 |
| Nonlawyer employees changing firms |
RI-115, RI-284 |
| "Of counsel" affiliations |
RI-102, RI-236, RI-237, A/O 80 |
| Part-time referees hearing matters presented by former law firm |
RI-1 |
| Previous employment with opposing firm |
R-4, RI-115, RI-284, RI-285 |
| Previous employment for opposing party |
R-4 |
| Presumption of access to confidential information |
R-4 |
| Prosecutor's office |
RI-43, RI-112, RI-152, RI-242 |
| Representing client suing advocate for malpractice in unrelated matter |
RI-25 |
| Representing holder of durable power of attorney when firm member represented prospective guardian or ward |
RI-176 |
| Representing municipality when mayor is a sibling |
RI-94 |
| Representing party against client of former firm |
R-4 |
| Screening firm from clients brought by new lawyer |
RI-97 |
| Screening from case |
R-4 |
| Screening from fee |
R-4 |
| Screening not available to avoid conflict with current client |
RI-139 |
| Special assistants attorneys general representing opposing state agencies |
RI-177 |
| Transferring lawyer, failure to screen |
R-4, RI-43 |
| Untimely establishment of screening measures |
R-4 |
| US Army Legal Assistance Office |
RI-172 |
Independent Professional Judgment
| Collection agency as intermediary between lawyer and clients |
RI-15 |
| Deeds, lawyer overseeing draft |
RI-298 |
| Drafting documents without consultation with client |
RI-128, RI-191 |
| Drafting lawyer named as personal representative without bond |
RI-291 |
| Failure to meet or speak with client directly |
RI-128, RI-191 |
| Failure to review documents drafted by employees |
RI-128 |
| Fee paid by interested third party |
RI-132, RI-293 |
| Fee amount acting as disincentive |
RI-124 |
| Government program advocate |
RI-103 |
| Group legal service plan |
C-233 |
| Insurance representation |
RI-89 |
| Judge as member of board of organization appearing before judge |
JI-38, JI-51, A/O 45 |
| Law firm "leasing" lawyer employees |
RI-310 |
| Lawyer as court employee handling juvenile matters |
JI-50 |
| Lawyer's interest as spouse of advocate |
J-6, R-3 |
| Lawyer's financial interest as firm partner |
J-6, R-3 |
| Lawyer overseeing drafting of deeds |
RI-298 |
| Lawyer representing insured may receive fixed fee |
RI-343 |
| Lawyers for insureds can be housed in insurance company offices |
RI-338 |
| "Leased" lawyers working for law firm |
RI-310 |
| Legal assistant screening clients for lawyer |
RI-128 |
| Legal services plan participation |
RI-210, RI-223 |
| Limitations on legal advice to be provided to client |
RI-132, RI-210, RI-347 |
| Limitations on legal services that will be compensated |
RI-132, RI-223 |
| Nonlawyer employee acting as intermediary to client |
RI-128, RI-191, 74 MBJ 438 (May 1995) |
| Nonlawyer settling disputes between lawyer and client |
RI-7 |
| Payment of fee by interested third party |
RI-132 |
| Personal representative of estate is the lawyer's "client" |
R-10, RI-156 |
| Office rent calculated on law firm's gross income |
RI-133 |
| Referral service participation |
70 MBJ 146 (Feb 1991) |
| Reliance on employee for client intake |
RI-128, RI-191 |
| Representing customer of own nonlaw business |
RI-5, RI-191 |
| Review of files by referral service lawyer |
R-8 |
| Reviewing real estate title issued by own title company |
RI-5 |
| Services to customers of community organization |
RI-83 |
| Size of referral fee acting as disincentive |
RI-124 |
| Temporary lawyers working for law firm |
RI-310 |
| Third party limiting advice or services delivered to client |
RI-132 |
Indigent Persons
See also Legal Services
back to list
| Advancing living and medical expenses |
RI-14 |
| Contract bid by former prosecutor |
RI-253 |
| Insurance policy on client to ensure payment of fees |
RI-27 |
| Judge encouraging pro bono activity |
J-7 |
| Legal services agency conducting pro se clinic |
RI-301 |
| Paying security for court costs |
RI-91 |
| Prison legal services plan |
R-1 |
| Pro bono solicitation by judge |
J-7 |
| Pro se clinic conducted by legal services agency |
RI-301 |
| Providing assistance to pro se litigants |
RI-347 |
| Rejecting court appointment to represent client |
C-210 |
| Representation by former prosecutor |
RI-253 |
| Security for court costs |
RI-91 |
| Self help clinics conducted by legal services agency |
RI-301 |
| Unbundling legal services |
RI-347 |
Inside Counsel
See also Corporate Representation
See also Government Lawyer
See also Insurance Representation
back to list
| Attorney-client relationship with employees |
R-2 |
| Class actions, communicating with inside counsel for prospective class members |
RI-219 |
| Class actions, communicating with prospective class members |
RI-219 |
| Conflicts waivable by client, not counsel |
RI-267 |
| Consenting to employee interviews |
R-2 |
| Defense counsel communicating with inside counsel for prospective class members |
RI-219 |
| Duty to report law student employee misconduct |
RI-29 |
| Duty to report subordinate lawyer misconduct |
RI-149 |
| Former corporate counsel, representing officer against |
RI-95, RI-138 |
| In house counsel giving recommendations to CEO |
RI-300 |
| Inside counsel as "law firm" |
R-5 |
| Inside counsel communicating with prospective opt-out class plaintiffs |
RI-219 |
| Judge prohibited from rendering opinions to |
A/O 6 |
| Licensed in another state but based in Michigan |
71 MBJ 555 (Jun 1992) |
| Opposing counsel directly contacting employees concerning investigation |
RI-39 |
| Privileged communications from employees |
R-2 |
| Prosecuting attorney as |
RI-112 |
| Refusing discovery request |
R-2 |
| Representing client against former employer |
RI-35 |
| Representing officer against former employer |
RI-95 |
| Representing officer against entity |
RI-254 |
| Representing party in dealings with former employer |
RI-35 |
| Requesting employees not to discuss litigation |
R-2 |
| Responsibility for conduct of client's investigators |
RI-153 |
| Subordinate lawyer disclosing information to supervising lawyer |
RI-300 |
| Subordinate lawyer misconduct |
RI-149 |
| Supervising lawyer who is subject to review by subordinate lawyer |
RI-300 |
| Supervisory duties |
RI-149 |
| Wrongful discharge suit, lawyer employee |
74 MBJ 54 (Jan 1995) |
Insurance
| Lawyer operating insurance business |
RI-135 |
| Policy on client to pay fees |
RI-27 |
| Referral fee from insurance agent |
RI-339 |
Insurance Representation
| Adverse interests in dual representation, insured-insurer |
RI-89 |
| By president of legal insurance corporation |
RI-18 |
| Captured counsel sharing office space
with employer insurance company |
RI-338 |
| City attorney acting as state hearing officer |
RI-129 |
| Confidentiality when insurer and insured joint clients |
RI-287 |
| Conflicts of interest |
C-234, RI-89 |
| Contingent fee in renegotiating structured settlement |
RI-175 |
| Disputes between insurer and insured |
RI-89, RI-287 |
| Duties to client's insurer |
C-234, RI-89, RI-129 |
| Flat fee, insufficient for adequate
representation |
RI-337 |
| Group television advertising |
R-18 |
| Hospital charged in no-fault representation |
C-226, RI-155 |
| Indemnitor contacted |
RI-113 |
| Insured, former joint client, disputing insurer |
RI-287 |
| Insurer insuring city, while city attorney presides as hearing officer in unrelated claims against insurer |
RI-129 |
| Insurer retaining lawyer for insured |
RI-89 |
| Joint clients, confidentiality |
RI-287 |
| Lawyer representing insured may receive fixed fee |
RI-343 |
| Lawyers for insureds can be housed in insurance company offices |
RI-338 |
| Medical benefits in no-fault cases |
C-226, RI-155 |
| Multiple representation, apportionment of fees |
RI-155 |
| No-fault benefits, charging for legal services |
C-223, C-226, RI-155 |
| PIP claims |
C-223, RI-155, 71 MBJ 195 (Feb 1992) |
| Plaintiff advertising |
R-18 |
| Prosecutor handling spouse's insurance dispute |
RI-280 |
| Representing unrelated client against insurer whom regularly forwards business |
C-234 |
| Structured settlement renegotiated, appropriate fee |
RI-175 |
| Subsequent representation of insurer against insured |
RI-287 |
| Withdrawal from representation of insured and insurer conflicts of interest |
RI-89 |
Interest, Bank
| Apportioning trust account interest |
RI-64 |
| Calculation of trust account interest |
RI-64 |
| Collection of fees through credit card company |
RI-168 |
| Credit card arrangement underwriting client bills |
RI-168 |
| Disclosing credit arrangements |
RI-168 |
| On unpaid client accounts |
70 MBJ 948 (Sep 1991) |
| Payment of trust account interest |
R-7 |
| Trust account subaccounting |
R-7 |
| Usurious rate on overdue balances is unethical |
RI-40 |
Intermediary
See also Conflicts of Interest
back to list
| Compatibility with client's best interests |
RI-176 |
| Documenting sale between two clients |
RI-237 |
| Mediator drafting parties' agreement |
RI-278 |
| Nonlawyer relaying information between lawyer and client |
74 MBJ 438 (May 1995) |
| Representing prospective ward and prospective guardian |
RI-176 |
| Responsibilities to each client |
RI-176 |
Internet
| Advertising medium vs. lawyer referral service |
RI-340 |
Investigation
See also Adverse Parties
See also Contact with Unrepresented Persons
See also Discovery
See also Witnesses
back to list
| Contacting clerical employees of potential party |
RI-44 |
| "Disinterested lawyer" standard |
R-9 |
| Duty to investigate facts before filing |
R-9 |
| Investigators' conduct imputed to lawyer |
RI-153 |
| "Reasonable" investigation |
R-9 |
| Responsibility for investigators' tactics |
RI-153 |
| Subpoena to nonparty |
74 MBJ 564 (Jun 1995) |
Judicial Officer
See also Administrative Hearing Officer
See also Campaign Practices
See also Charitable/Civic Activities of Judges
See also Disqualification
See also Extrajudicial Activities
See also Magistrates
See also Referees
See also Statements of Position
back to list
| Acting as referee and advocate |
JI-128 |
| Advocating and acting as referee |
JI-128 |
| Adjudicating and acting as advocate |
JI-128 |
| Alternative sentencing program-restitution |
JI-130 |
| Appearing at hearing as moral support for party |
JI-15 |
| Appearance of part-time magistrate's firm |
JI-114 |
| Application of Judicial Code to magistrates and referees |
JI-10, JI-19, JI-29 |
| Attorneys asked to participate in pro bono activities |
J-7 |
| Bonus compensation from former firm |
JI-37 |
| Business participation |
J-3, J-6 |
| Character reference from judge |
JI-41, A/O 67 |
| Continuing relationship with former law practice |
JI-89 |
| Disclosure of business interest |
JI-6 |
| Divestiture of outside activities by new judge |
75 MBJ 1071 (Oct 1996) |
| Dual roles-referee and advocate |
JI-129 |
| Expert witness-referee testifying |
JI-127 |
| Filing grievance against lawyer appearing before judicial officer |
JI-123 |
| FOC referee and FOC advocate |
JI-129 |
| FOC referee as expert witness |
JI-127 |
| Judge encouraging pro bono activities |
J-7 |
| Judicial Code, application to magistrates and referees |
JI-10, JI-19, JI-29, JI-56 |
| Landlord to lawyer appearing before judge |
JI-6 |
| Legal aid board member |
JI-38, JI-51, A/O 45 |
| License to practice law required |
People v. Kearney, 345 Mich 680 (1956) |
| Magistrate, application of Judicial Code to |
JI-10 |
| Magistrate, holding nonjudicial office |
JI-10 |
| Magistrate, prosecutor serving as |
JI-56 |
| Member of former firm appearing before |
JI-37 |
| Negotiating for employment in contemplation of leaving judicial office |
JI-35 |
| Part-time law practice |
JI-42, JI-77, JI-97 |
| Part-time referee engaging in law practice |
JI-126 |
| Part-time referee; part-time advocate |
JI-129 |
| Party opponent appearing in unrelated matter as advocate |
R-15 |
| Personal references |
JI-41, A/O 67 |
| Political office, resignation before becoming candidate for |
JI-10, JI-19, A/O 50 |
| Practice of law |
J-2, JI-89 |
| Privileged information concerning former client |
JI-32 |
| Pro bono solicitation by judge |
J-7 |
| Public protest participation, discrimination |
JI-109 |
| Recusal when filing grievance against lawyer |
JI-123 |
| Referee, application of Judicial Code to |
JI-19, JI-29 |
| Referee, part-time law practice |
RI-1 |
| Referee who also practices law before own court |
JI-126 |
| References |
JI-41, A/O 67 |
| Referral fee, accepting |
JI-45 |
| Remittal of judicial disqualification |
J-6 |
| Restitution-performing services to pay off sentence |
JI-130 |
| Retired judge business participation |
J-3, J-6 |
| Reviewing decisions of spouse |
JI-31 |
| Selling law books |
JI-40 |
| Sentencing-performing services to work off restitution |
JI-130 |
| Sentencing practices that favor designated charities |
JI-48, JI-55, JI-64 |
| School board member, judge as |
JI-19 |
| Soliciting funds for charity |
JI-33 |
| Soliciting pro bono participation |
J-7 |
| Spouse is assistant prosecutor |
JI-101, JI-133 |
| Supervising performance of spouse |
JI-31 |
| Testifying as expert witness |
JI-127 |
| Witness in proceeding in which judge from same bench presides |
JI-57 |
| Witness when properly subpoenaed |
JI-57 |
—Candidates
| Bar association office endorsement |
JI-53 |
| Campaign criticism of sitting judges |
JI-4 |
| Campaign pledges |
JI-4 |
| Endorsement of judicial candidate |
JI-81, JI-95, A/O 13, A/O 24, A/O 52, A/O 53, A/O 55, A/O 57, A/O 108 |
| Endorsement of nonjudicial candidate |
JI-30, A/O 60, A/O 103 |
| Magistrate, holding nonjudicial office |
JI-10 |
| Political party ad book |
JI-36 |
| Public endorsement of nonjudicial candidate |
JI-30, A/O 60, A/O 103 |
| School board member, judge as |
JI-19 |
| Solicitation of funds for charity |
JI-3 |
Jury
| Jury records used for judge's election mailings |
JI-104 |
| Soliciting endorsement from former jurors |
JI-104 |
Labor/Employment Law
| Conflicts of interest, office workers and client labor union |
RI-60 |
| Discrimination suit against company lawyer formerly represented in discrimination suit |
RI-192 |
| Incentive for referring cases |
RI-124 |
| Judge endorsing pro-business or pro-union interests |
JI-52, JI-65 |
| Judge serving on Chamber of Commerce PAC |
JI-65 |
| Lawyer for school employee union serving as faculty at school |
RI-279 |
| Lawyer for school employee union serving as employment dispute mediator |
RI-279 |
| Lawyer serving on board of client organization |
RI-136 |
| Referral fee calculated as percentage of hourly billings |
RI-124 |
| Representing bargaining unit in salary negotiations when members are adverse witnesses in unrelated case |
C-215 |
| Strike by lawyers affecting client representation |
C-224 |
| Union for law firm employees affecting lawyers' duties to clients |
RI-60 |
| Union lawyer serving as employment dispute mediator |
RI-279 |
| Union lawyer employed as faculty for management entity |
RI-279 |
| Union resolution concerning plant closings, endorsement by judicial officers |
JI-52 |
| Withholding services from client due to dispute with lawyer's employer |
C-224 |
| Wrongful discharge suit, contacting lower level employees |
RI-44 |
| Wrongful discharge suit, lawyer employee |
74 MBJ 54 (Jan 1995) |
| Wrongful discharge suit, testimony of lawyer/director |
RI-136 |
| Wrongful discharge suit, unrelated client may be witness |
RI-239 |
Law Clerks
See also Employees
See also Nonlawyers
See also Supervisory Duties
back to list
| Notice of employment negotiation |
RI-43 |
| "Personal and substantial" participation requiring disqualification |
RI-43 |
| Screening when clerk takes private employment |
R-4, RI-4 |
Law Firm
See also Dual Practice
See also Employees
See also Firm Name
See also Imputed Disqualification
See also Office Sharing
See also Winding Up Law Practice
back to list
| Access to information about client of former firm |
R-5 |
| Administrative hearing officer negotiating employment |
RI-11 |
| Administrative hearing officer practicing part-time |
RI-110 |
| Advancing funds from operating account to avoid trust account |
RI-189 |
| Association with registered patent agent |
RI-144 |
| Buying judge's former practice |
JI-118 |
| Changing firms |
R-4, RI-8, 76 MBJ 84 (Jan 1997), 69 MBJ 154 (Feb 1990) |
| Circumventing trust account rules |
RI-93, RI-189 |
| Closing practice |
71 MBJ 1056 (Oct 1992) |
| Codefendant with presiding judge in unrelated matter |
J-4, J-6 |
| Compensation plans for nonlawyer employees |
RI-143 |
| Consulting arrangement with nonlawyer tax appeals expert |
RI-104 |
| Contingency agreement to represent client after claim of malpractice |
RI-25 |
| Corporation counsel's office as "firm" |
R-5 |
| Covenants not to compete |
RI-86, RI-245 |
| Creating subsidiary firm |
RI-326 |
| Deceased lawyer, payment of fees to estate |
RI-216 |
| Definition |
R-5 |
| Departing lawyer |
RI-86, RI-245, 76 MBJ 84 (Jan 1997), 69 MBJ 154 (Feb 1990) |
| Discipline of shareholder or partner |
RI-238 |
| Disclosing accounts receivable for bank loan |
RI-77 |
| Disqualification of judge from presiding in matters presented by former law firm |
J-4, J-6 |
| Disqualification of judge whose former practice purchased by firm |
JI-118 |
| Disqualification when client sues for malpractice in unrelated matter |
RI-25 |
| Disqualification when new lawyer joins firm |
R-4 |
| Disqualification when lawyer testifies regarding fees |
RI-299 |
| Duty to have procedures which reasonably ensure compliance with ethics rules by members of firm |
R-7, RI-92, RI-149 |
| Duty to report ethics violations of subordinate lawyer |
RI-149 |
| Employee union conflicts with clients |
RI-60 |
| Financial interest with judge |
C-228, J-4, J-6, People v. Perkins, 193 Mich App 209 (1992) |
| Financial interest in out-of-state firm |
RI-225 |
| Firm of legislator represents municipal clients |
RI-331 |
| Full-time administrative hearing officer |
RI-110 |
| Group advertising under one entity name |
R-18 |
| Investment from disciplined lawyer |
RI-238 |
| Law firm "leasing" lawyer employees |
RI-310 |
| Limited Liability Company |
R-17 |
| "Leased" lawyers working for law firm |
RI-310 |
| Legislator is member of law firm suing state agency |
RI-306 |
| Loan pledging accounts receivable |
RI-77 |
| Management duties |
75 MBJ 682 (Jun 1996) |
| Multistate practice, ethics inconsistencies |
RI-70, 71 MBJ 1300 (Dec 1992) |
| New lawyer bringing clients to firm without disqualifying firm |
RI-97 |
| Nonlawyer employee compensation |
RI-143 |
| Nonlawyer partners in out-of-state firm affiliation |
RI-225 |
| "Of counsel" affiliations |
RI-90, RI-102, RI-236, A/O 80 |
| Of former city attorney |
RI-4 |
| Office rent based on percentage of gross income |
RI-133 |
| Office sharing |
77MBJ 194 (Feb 1998) |
| Office sharing with non-law business |
RI-313 |
| Partner's liability for lawyer employee's ethics |
RI-149, In the Matter of Crane, 400 Mich 484 (1977) |
| Part-time referee hearing matters presented by former law firm |
RI-1 |
| Prosecutor's office as "firm" |
RI-43 |
| Public defender may ethically establish separate offices to represent defendants with adverse interests |
RI-334 |
| Referring clients to ADR service owned by firm member |
RI-275 |
| Representing client against state agency when firm member is legislator |
RI-306 |
| Reporting ethical violations of subordinate lawyer |
RI-149 |
| Residence as office location |
RI-118 |
| Retention schedule for client files |
R-5, R-12, RI-100, RI-240 |
| Screening firm from new lawyer's continuing clients |
RI-97 |
| Screening transferring lawyer |
R-4 |
| Shareholder or partner disciplined |
RI-238 |
| Signatories for trust account |
R-7, RI-107 |
| Subordinate lawyer's duty to comply with ethics rules |
RI-92, RI-149 |
| Subsidiary firm with limited scope |
RI-326 |
| Supervisory lawyer's unethical conduct |
RI-92 |
| 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 |
| Unlicensed law graduate employees |
71 MBJ 1061 (Oct 1992) |
| US Army Legal Assistance Office as "firm" |
RI-172 |
| Winding up law practice |
RI-110 |
| Withdrawal when client sues for malpractice in unrelated matter |
RI-25 |
| Wrongful discharge suit, lawyer employee |
74 MBJ 54 (Jan 1995) |
Lawyer-Client Relationship
See Attorney-Client Relationship
back to list
Lawyer Referral Services
State Bar Membership Services offers a compilation of materials on this subject.
See also Division of Fees
See also Solicitation
back to list
| Advertising program vs. lawyer referral service |
RI-340 |
| Area codes designated for lawyer subscribers |
R-8 |
| Availability of lawyers to handle client matters |
RI-9 |
| Bar association charging lawyer fee |
RI-75 |
| Chamber of Commerce service for members |
RI-36 |
| Church referral list |
RI-229 |
| Collection agency as intermediary between lawyer and client |
RI-15 |
| Creation of client-lawyer relationship |
RI-154 |
| Determining whether entity is referral service |
RI-223 |
| Discounts to particular clients |
RI-32 |
| Divorce services |
68 MBJ 469 (Jun 1989) |
| Duty to review marketing plan |
R-8 |
| Ethical propriety of participation in |
R-6, 74 MBJ 438 (May 1995) |
| Fee for participation |
RI-17, RI-32, RI-75 |
| Fee splitting with referral service |
RI-32, RI-36 |
| Fees and permissible charges |
R-6, R-8, RI-9, RI-24 |
| For-profit referral agency |
RI-17 |
| For-profit services |
RI-24 |
| Geographical zones established for lawyer subscribers |
R-6, R-8 |
| Group advertising plan |
RI-9 |
| Group legal services plan, propriety |
United Transportation Union v. State Bar of MI, 401 US 576 (1971) |
| Guidelines for ethical participation |
R-6 |
| Interference with lawyer's independent professional judgment |
R-6, R-8 |
| Listing on out-of-state firm website for referrals as advertising |
RI-340 |
| Marketing plan, lawyer's duty to review |
R-6, R-8, RI-24 |
| Misleading advertising |
R-8, RI-9 |
| "No fee unless recovery" |
RI-9 |
| Nonlawyer settling disputes between lawyer and client |
RI-7 |
| Nonlawyer intermediary |
74 MBJ 438 (May 1995) |
| Not-for-profit service charging fee |
RI-75 |
| Paying another for referral |
RI-9, RI-24 |
| Prepaid legal services plans |
RI-7, United Transportation Union v. State Bar of MI, 401 US 576 (1971) |
| Purchasing geographical areas |
R-8 |
| Record retention requirements |
RI-178 |
| Registration with State Bar required |
R-6, 70 MBJ 146 (Feb 1991) |
| Senior Citizens' Hotline |
RI-32 |
| Service advancing costs of litigation |
RI-15 |
| Service selects lawyer for client |
RI-15 |
| Screening of lawyer participants inadequate |
R-8 |
| Solicitation of cases or services |
RI-15 |
| Supervision of nonlawyers |
R-6 |
| Telephone area codes designated for lawyer subscribers |
R-8 |
| Trade exchange of services between professionals |
C-220 |
| Trust services |
71 MBJ 212 (Feb 1992) |
| Welcome Wagon participation |
C-221 |
| Zip codes designated for lawyer subscribers |
R-6, R-8 |
Legal Assistant
State Bar Membership Services offers a compilation of materials on this subject
See also Employees
See also Nonlawyers
See also Supervisory Duties
back to list
| Advocate in administrative proceeding |
RI-103, RI-125 |
| Communication with clients on laywer's behalf |
RI-349 |
| Compensation plans |
RI-143 |
| Duty to follow lawyer ethics |
R-1, RI-103, RI-125, RI-349 |
| Intake information protected by privilege |
RI-123 |
| Intermediary between client and lawyer prohibited |
RI-128, 74 MBJ 438 (May 1995) |
| Lawyer's duty to supervise |
R-1, RI-103, RI-125, RI-323, RI-349 |
| Listed on firm letterhead |
RI-34 |
| Location of nonlawyers too remote for adequate supervision |
R-1 |
| Supervision by lawyer |
R-1, RI-103, RI-125, RI-349 |
| Prison legal services program |
R-1 |
| Ratio of nonlawyers to lawyers too high for adequate supervision |
R-1 |
| Related to presiding judge |
C-216, J-6 |
| Supervision of |
71 MBJ 826 (Aug 1992) |
| Testimony when supervising lawyer is advocate |
RI-26 |
Legal Directories
See also Advertising
See also Lawyer Referral Services
back to list
| Charging lawyers a fee for participation |
RI-17 |
| For-profit referral agency |
RI-17 |
| Lawyer listed in “Super Lawyer” may advertise it |
RI-341 |
| Office of Patent and Trademarks, lawyer roster |
RI-167 |
| Lawyer referral service vs. advertising |
RI-340 |
Legal Services
See also Indigent Persons
See also Legal Services Organizations
back to list
| By nonlawyers |
R-1 |
| Case selection responsibility |
RI-252 |
| Conflict of interest in pursuing fee award |
RI-247 |
| Contract bid by former prosecutor |
RI-253 |
| Duties owed pro se litigants assisted |
RI-347 |
| Fee-generating cases, pursuing fee award |
RI-247 |
| Funds of missing clients |
RI-67 |
| Group legal services plan, conflicts |
C-233 |
| Judge receiving pro bono legal services |
JI-106 |
| Lawyer advancing living and medical expenses to client |
RI-14 |
| Lawyer participating in free clinic which solicits donations |
RI-83 |
| Legal insurance |
RI-18 |
| Legal services agency conducting pro se clinic |
RI-301 |
| "Living will" and health care directive information presented at seminar |
RI-141 |
| Nonprofit clinic soliciting donations |
RI-83 |
| Program established by prosecutor |
RI-283 |
Pro se clinic conducted by legal services agency
Pursuing fee award when client judgment unsatisfied |
RI-247 |
| Reduction in staffing, notice to clients |
RI-252 |
| Self help clinics conducted by legal services agency |
RI-301 |
| Spouses seeking services from same agency |
RI-230 |
| To prisoners |
R-1 |
| Unbundling legal services permissible to assist pro se litigants |
RI-347 |
Legal Services Organizations
See also Indigent Persons
back to list
| Advancing living and medical expenses to client |
RI-14 |
| Advocacy before judge who sits on organization board |
JI-51 |
| Case selection responsibility |
RI-252 |
| Competence affected by case load, duties |
RI-252 |
| Confidentiality protected from government sponsor |
RI-210 |
| County legal services reporting to county government |
RI-210 |
| Disclosure by judge of board membership |
JI-38, JI-51, A/O 45 |
| Disclosure of client information to legal services corporation |
RI-311 |
| Disqualification of judge sitting on board |
JI-51 |
| Fees and permissible charges |
R-6 |
| Funds of missing clients |
RI-67 |
| Government lawyer access to client data |
RI-210 |
| Group legal service plans, identifying the client |
C-233 |
| Guidelines for ethical participation |
R-6, RI-210 |
| Holding client funds |
RI-93 |
| Judge serving on board |
JI-38, JI-51, A/O 45 |
| Interference with lawyer's independent professional judgment |
C-233, R-6, RI-83, RI-210 |
| "Law firm" with participating lawyers |
RI-230 |
| Legal services corporation-disclosing client information |
RI-311 |
| Marketing plan |
R-6 |
| Nonprofit clinic soliciting donations from clients |
RI-83 |
| Oversight of legal work by nonlawyer |
RI-210 |
| Prepaid legal services plan |
RI-223 |
| Reduction in staffing, notice to clients |
RI-252 |
| Registration with State Bar required |
R-6 |
| Representing spouse of client referred to participating lawyer |
RI-230 |
| Reporting client information to legal services corporation |
RI-311 |
| Reporting conduct of manager to board |
RI-252 |
| Statistical information does not violate confidentiality |
RI-210 |
| Supervision of nonlawyers |
R-6, RI-210 |
Letterhead
See also Advertising
See also Law Firm
back to list
See Nuts and Bolts of Law Firm Letterhead, 76 MBJ 1212
(Nov 1997)
| Administrative hearing officer |
RI-110 |
| "Affiliated" lawyers |
RI-200 |
| Areas of practice |
RI-142 |
| Dual professions |
RI-110 |
| Estate Administrator designation |
RI-323 |
| Firm name |
RI-90, RI-130 |
| Franchise of trade name |
RI-130 |
| "Honorable" being used by former judge |
RI-327 |
| "Honorable" used in letterhead |
RI-327 |
| Judge name removed |
A/O 109 |
| Limited Liability Company |
R-17 |
| Listing lawyers licensed in another jurisdiction |
RI-353 |
| Listing temporary lawyers |
RI-290 |
| Nonlawyer employees listed |
RI-34, RI-105, RI-323, 71 MBJ 1061 (Oct 1992) |
| Nonlawyer estate administrator |
RI-323 |
| "Of counsel" relationships |
RI-102, RI-110, RI-236 |
| Retaining title "Honorable" when entering private practice |
RI-327 |
| Retired shareholder |
RI-90 |
| Specialty certification |
RI-142, Peel v. Illinois Attorney Registration and Disciplinary Comm'n, 496 US 91 (1990) |
| Unassociated lawyers |
C-230, RI-130, RI-200, 68 MBJ 245 (Mar 1989) 68 MBJ 948 (Oct 1989), 71 MBJ 510 (Jun 1992) |
Licenses
See also Admission to the Bar
back to list
| Judge obtaining liquor licenses for third party |
Matter of Szymanski, 400 Mich 469 (1977) |
| Law graduates required to be licensed |
71 MBJ 1061 (Oct 1992) |
Liens
See also Fees
back to list
| Charging lien |
68 MBJ 856 (Sep 1989), 73 MBJ 690 (Jul 1994) |
| Client consent in writing |
RI-40 |
| Construction liens to secure lawyer's fee |
RI-182 |
| Court-awarded property execution |
RI-277 |
| Deed to marital home as collateral for fees |
RI-354 |
| Foreclosure on client property to collect fee |
RI-277 |
| Independent advice to client |
RI-40 |
| Lawyer as beneficiary on client's insurance policy |
RI-27 |
| Mortgage to secure payment of fees |
RI-40 |
| Property lien to secure fee |
RI-40, 73 MBJ 690 (Jul 1994) |
| Property value exceeds amount owed |
RI-277 |
| Retaining lien |
RI-203, 68 MBJ 856 (Sep 1989), 70 MBJ 1196 (Nov 1991), 73 MBJ 690 (Jul 1994) |
| Security interest |
RI-40, 73 MBJ 690 (Jul 1994) |
| "Subject matter of litigation" |
RI-182, 73 MBJ 690 (Jul 1994) |
| Written agreement required |
RI-40, 73 MBJ 690 (Jul 1994) |
Limiting Liability to Client
| Arbitration as substitute for grievance |
RI-196 |
| Client agreeing to pay lawyer's malpractice premium |
RI-319 |
| Disclosing lawyer status in administrative proceedings |
RI-55 |
| Independent counsel required before contracting |
RI-196 |
| Reduced billing for limiting liability of lawyer |
RI-319 |
| Requiring arbitration of fee dispute |
RI-2, RI-196 |
Magistrates
See also Judicial Officer
back to list
| Applicability of Judicial Code |
JI-10, JI-56, A/O 50 |
| Conflicts between judicial service and part-time law practice |
JI-97 |
| Criminal matters |
In re Somers, 384 Mich 320 (1971) |
| Duties affected by part-time law practice |
JI-97 |
| Exceeding authority |
In re Somers, 384 Mich 320 (1971) |
| Holding nonjudicial partisan office |
JI-10 |
| Imputed disqualification of law firm of part-time magistrate |
JI-97 |
| Law partners practicing before magistrate's court |
JI-97 |
| Law practice by part-time district court magistrate |
JI-77, JI-97 |
| Minimizing disqualification caused by part-time practice |
JI-97 |
| Neglect of legal matters while an attorney |
Matter of Hammons, 426 Mich 1225 (1986) |
| Part-time magistrate |
JI-97 |
| Part-time practice before own court |
JI-97 |
| "Personal and substantial" participation in matter |
JI-97 |
| Private practice of part-time magistrate |
JI-77, JI-97 |
| Prosecutor serving as |
JI-56 |
| Representing client—issued support order as magistrate |
RI-288 |
| Representing funding unit of magistrate's court |
JI-97 |
| Resignation of judicial officer before assuming partisan office |
JI-10, A/O 50 |
Malpractice
See also Competence
back to list
| Continuing to represent client after claim of legal malpractice |
RI-25 |
| Judge and former firm defendant in legal malpractice action |
J-6, JI-39 |
| Representing client suing advocate for legal malpractice in unrelated matter |
RI-25 |
| Representing client which will result in liability of law partner |
RI-37 |
| Ethics violation may be rebuttable evidence of malpractice |
Beattie v. Firnschild, 152 Mich App 785 (1986) |
Mediation
See Alternate Dispute Resolution
back to list
Medical Records
| Client forgery of medical waiver of witness |
RI-209 |
| Disclosing medical file to client |
RI-63 |
Merger of Law Firms
See Firm Name
See Law Firm
back to list
Misconduct, Client
See also Attorney-Client Privilege
See also Confidences
See also Reporting Duties
back to list
| Counseling duties |
RI-151 |
| Discharge, effect on lawyer's duty to reveal |
RI-13 |
| Disclosure of client's illegal activity to court |
RI-138, RI-184, RI-273 |
| Disclosure of client's illegal activity to successor counsel |
RI-209 |
| Disclosure of client's location |
RI-160 |
| Duty to rectify suspected perjury |
RI-13, RI-151, RI-272 |
| Duty to report law student misconduct |
RI-29 |
| Forging medical waiver of witness |
RI-209 |
| Former client suspected of illegal activity, privilege |
RI-106 |
| Fraud, illegal acts |
RI-111, RI-138, RI-184, RI-209, 72 MBJ 198 (Feb 1993) |
| Fugitive from justice |
RI-160 |
| Illegal activity of client |
RI-111, RI-138, RI-273 |
| Inaccurate, truthful testimony of client |
RI-272 |
| Inconsistent statements of client |
RI-33 |
| Law student misconduct, duty to report |
RI-29 |
| Perjury of client |
RI-13, RI-151, 72 MBJ 198 (Feb 1993) |
| Prescription of drugs |
RI-111 |
| Recording deed to prevent suspected client fraud |
RI-156 |
| Rectifying client misconduct |
RI-151, RI-184, RI-209, 72 MBJ 198 (Feb 1993) |
| Reporting prior ethical violations of lawyer client |
RI-220 |
| Reporting law student activity |
RI-29 |
| Representing client on unrelated matter when client is fugitive |
RI-160 |
| Suspicion of client misconduct insufficient |
RI-13, RI-156 |
| Tailoring testimony in exchange for compensation |
RI-138 |
| Tax fraud of parties, judge's reporting duty |
A/O 89 |
| Threat to destroy documents the subject of court discovery order |
RI-345 |
Misconduct, Judicial Officer
See also Attorney-Client Privilege
See also Confidences
See also Discipline, Judicial
See also Reporting Duties
back to list
| Accepting and soliciting bribes |
Matter of Jenkins, 437 Mich 15 (1991) |
| Alcohol use |
In the Matter of Ryan, unreported order No 65757 (1/8/81), In the Matter of Sobotka, 421 Mich 1201 (1985) |
| Applying for drivers license and voter registration in name of deceased person |
Matter of Hotchkiss, 411 Mich 1135 (1981) |
| Arbitrary rulings |
Matter of Bennett, 403 Mich 178 (1978) |
| Campaign conduct |
Matter of Hotchkiss, 415 Mich 1101 (1982), Matter of Lawrence, 417 Mich 248 (1983) |
| Circulating portion of discipline letter, creating impression that charges were dismissed |
In the Matter of Binkowski, 420 Mich 97 (1984) |
| Commingling investigative and adjudicative functions does not violate due process |
Matter of Mikesell, 396 Mich 517 (1976), Matter of Del Rio, 400 Mich 665 (1977) |
| Contempt power abused |
Matter of Hague, 412 Mich 532 (1982), In re Seitz, 441 Mich 590 (1993) |
| Credit and financial misconduct |
In the Matter of O'Brien, 430 Mich 323 (1988) |
| Disability |
Matter of Lawrence, 417 Mich 248 (1983) |
| Disregard of law and court rules |
Matter of Del Rio, 400 Mich 665 (1977) |
| Duty to report lawyer misconduct |
RI-88, RI-220, RI-232 |
| Duty to prevent unauthorized practice of law |
JI-26 |
| Excluding advocates from court |
Matter of Hague, 412 Mich 532 (1982) |
| Ex parte contact with party's counsel |
RI-195 |
| Failing to file reports with SCAO |
In re Seitz, 441 Mich 590 (1993) |
| Failing to grant jury trials on request |
In re Heideman, 387 Mich 630 (1972) |
| Failing to keep accurate record of proceeding |
In re Heideman, 387 Mich 630 (1972) |
| Favoritism |
In the Matter of Laster, 404 Mich 449 (1979), Matter of Lawrence, 417 Mich 248 (1983), Matter of Tschirhart, 420 Mich 1201 (1984) |
| Felony conviction |
In the Matter of Callanan, 419 Mich 376 (1984) |
| Fines and assessments against advocates |
Matter of Merritt, 431 Mich 1211 (1988) |
| Forgery |
In the Matter of Ryman, 394 Mich 637 (1975), State Bar Grievance Adm'r v. Ryman, 394 Mich 167 (1975), Matter of Loyd, 424 Mich 514 (1986) |
| Hostile temperament |
Matter of Bennett, 403 Mich 178 (1978), Matter of Del Rio, 400 Mich 665 (1977), Matter of Frankel, 414 Mich 1109 (1982), Matter of Mikesell, 396 Mich 517 (1976), In re Seitz, 441 Mich 590 (1993) |
| Humiliating chief judge pro tem and other court personnel |
In re Seitz, 441 Mich 590 (1993) |
| Installing telephone listening device |
In re Seitz, 441 Mich 590 (1993) |
| Judge editing letter at private censure and distributing as dismissed |
In the Matter of Binkowski, 420 Mich 97 (1984) |
| Jury trials not granted |
In re Heideman, 387 Mich 630 (1972) |
| Liquor license scheme conviction |
Matter of Szymanski, 400 Mich 469 (1977) |
| Misappropriation by lawyer prior to becoming a judge results in removal from bench |
Matter of Loyd, 424 Mich 514 (1986) |
| Misrepresentation |
In the Matter of Binkowski, 420 Mich 97 (1984) |
| Neglect of judicial duties |
In re Heideman, 387 Mich 630 (1972), In re Seitz, 441 Mich 590 (1993) |
| "Office holder expense fund" improper |
Matter of Lawrence, 417 Mich 248 (1983) |
| Political activity |
Matter of Bennett, 403 Mich 178 (1978), In re Bayles, 427 Mich 1201 (1986) |
| Racial comments |
In the Matter of Ryan, unreported order No 65757 (1/8/81) |
| RICO convictions |
In re Callanan, 419 Mich 376 (1984) |
| Refusal to respond to requests of SCAO |
In re Seitz, 441 Mich 590 (1993) |
| Self-incrimination |
In the Matter of O'Brien, 430 Mich 323 (1988) |
| Soliciting funds for improper purposes |
Matter of Merritt, 431 Mich 1211 (1988) |
| Statements to press |
In re Tschirhart, 422 Mich 1207 (1985) |
| Subornation of perjury |
Matter of Jenkins, 437 Mich 15 (1991) |
| Tax evasion |
In re Bayles, 427 Mich 1201 (1986) |
| Using office to benefit friends or family |
Matter of Del Rio, 400 Mich 665 (1977), Matter of Lawrence, 417 Mich 248 (1983), Matter of Tschirhart, 420 Mich 1201 (1984) |
| Violation of court orders |
Matter of Bennett, 403 Mich 178 (1978), In the Matter of Binkowski, 420 Mich 97 (1984), Matter of Hague, 412 Mich 532 (1982), In re Seitz, 441 Mich 590 (1993) |
Misconduct, Lawyer
See also Attorney-Client Privilege
See also Confidences
See also Discipline, Lawyer
See also Reporting Duties
back to list
| Assisting client's illegal or fraudulent act |
RI-160 |
| Agreement not to report lawyer misconduct |
RI-88, RI-220, RI-232, RI-257 |
| Charging fees for grievance defense |
RI-296 |
| Charging fees for withdrawal |
RI-296 |
| Circumventing ethics rules |
RI-93, RI-189 |
| Disciplined lawyers, scope of permitted activity |
RI-101, 68 MBJ 1108 (Nov 1989) |
| Duty to report |
C-229, RI-88, RI-101, RI-149, RI-171, RI-220, RI-232 |
| Failure to communicate settlement offer |
RI-171 |
| Failure to file income tax |
Grievance Adm'r v. Hatchett, 440 Mich 1210 (1992) |
| Failure to notify clients of substitute counsel |
In the Matter of Cohen, 441 Mich 1201 (1993) |
| Failure to remove lawyer listings from phone directory after discipline |
In the Matter of Freedman, 406 Mich 256 (1979) |
| Failure to transfer client retainer to substitute counsel |
In the Matter of Cohen, 441 Mich 1201 (1993) |
| False information submitted to bar admission authority |
In the Matter of Del Rio, 407 Mich 336 (1979) |
| Filing deadlines repeatedly missed |
RI-149 |
| Judge serving as discipline hearing panel member |
JI-24 |
| Law firm interest after discipline |
RI-238 |
| Lien enforcement against client without notice |
73 MBJ 690 (Jul 1994), State Bar Grievance Adm'r v. Geralds, 402 Mich 387 (1978) |
| Misdemeanor conviction, reporting duty |
A/O 44 |
| Negotiating settlement with opposing party |
RI-145 |
| Partner's liability for lawyer employee's ethics |
In the Matter of Crane, 400 Mich 484 (1977) |
| Privileged information concerning lawyer misconduct |
RI-314 |
| Respondent's Check List |
74 MBJ 692 (Jul 1995) |
| Reporting lawyer misconduct |
RI-314 |
| Settlement terms including promise not to file grievance |
RI-220, RI-232 |
| Sexual relations with client |
68 MBJ 518 (Jun 1989) |
| Subordinate lawyer's misconduct |
RI-149 |
| Suspended lawyer's unauthorized practice |
RI-101 |
| Unauthorized practice of law, duty to report |
RI-101 |
| Violation of statute |
A/O 18 |
| Withdrawal as next friend when sued by ward |
RI-170 |
Missing Clients
| Disposition of trust funds |
RI-38, RI-58 |
Missing Lawyers
| Duties to clients |
69 MBJ 241 (Mar 1990) |
| Handling files of |
69 MBJ 241 (Mar 1990) |
Multiple Representation
See also Conflicts of Interest
back to list
| Conflict regarding distribution of case proceeds |
R-10 |
| Corporation and employees |
RI-111 |
| County and county sheriff, lawyer representing |
RI-96 |
| Discharge from representing all |
RI-111 |
| Discharge by some, effect of |
RI-98 |
| Dispute among clients on acceptance of mediation award |
RI-134 |
| Government lawyer also representing tax assessors |
RI-307 |
| Insurance representation, insured and insurer |
RI-89 |
| Joint clients later in dispute |
RI-248 |
| Mediation award |
RI-134 |
| Municipality, representing county and tax assessors |
RI-307 |
| Multiple clients, municipality and tax assessors |
RI-307 |
| Multiple clients testifying on opposing sides |
RI-138 |
| Multiple clients with opposing interests |
RI-47, RI-89, RI-108, RI-111, RI-134 |
| US Army Legal Assistance providing legal assistance to soldiers and spouses |
RI-172 |
| Withdrawal from all clients required when conflict arises |
RI-89, RI-98, RI-108, RI-111, RI-134, RI-138 |
| Wrongful death action |
R-10 |
Multi-Jurisdictional Practice
| Conflicts among ethics rules |
RI-70, RI-225, 71 MBJ 1300 (Dec 1992) |
| Contingent fee sharing between jurisdictions |
RI-122 |
| Ethics rules applicable in federal practice |
RI-162 |
| Inconsistent ethics rules |
RI-70, 71 MBJ 1300 (Dec 1992) |
| IOLTA compliance |
RI-70 |
| Investment in out-of-state law firm |
RI-225 |
| Nonlawyer partners allowed in one jurisdiction |
RI-225 |
| "Of counsel" affiliations |
RI-102 |
| Out-of-state lawyer representing trucker in local traffic matter |
71 MBJ 687 (Jul 1992) |
| Referral fee paid to out-of-state lawyer |
RI-199 |
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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