Negotiation
See Alternate Dispute Resolution
See Settlements
back to list
Nonlawyers
State Bar Membership Services has a compilation of material on this subject.
See also Division of Fees
See also Employees
See also Legal Assistant
See also Unauthorized Practice of Law
back to list
| Communication with clients on lawyer's behalf |
RI-349 |
| Confidentiality of communications to lobbyist employee |
RI-187 |
| Disciplined lawyer, law firm interest |
RI-238 |
| Drafting deeds for review by lawyers |
RI-298, RI-349 |
| Intermediary for trust kit sales |
RI-325 |
| Lobbyist employee of law firm |
RI-187 |
| Ownership of law firm interest |
RI-225, RI-238 |
| Nonlawyer transferring after becoming lawyer |
RI-285 |
| Payments to estate of deceased lawyer |
RI-216 |
| Payment to lawyer for referring business |
RI-231 |
| Screening of transfers between firms |
RI-115, RI-284, RI-285 |
| Trust kit salespeople |
RI-325 |
—Scope of Activity
| Advocate in administrative proceedings |
C-239, RI-103, RI-125, State Bar of MI v. Galloway, 422 Mich 188 (1985) |
| Agents of other persons |
Cobb v. Judge Superior Court of Grand Rapids, 43 Mich 289 (1880), Marquette Prison Warden v. Meadows, 114 Mich App 121 (1982), Bay County Bar Ass'n v. Finance System, Inc., 345 Mich 434 (1956) |
| Consulting arrangement with nonlawyer tax appeals expert |
RI-104 |
| Corporate officers representing corporation |
69 MBJ 1007 (Oct 1990), Peters Prod., Inc. v. Desnick Broad. Co., 171 Mich App 283 (1988) |
| Delegation of duties to |
RI-191, 71 MBJ 826 (Aug 1992) |
| Determining when legal services are needed |
RI-186 |
| Document preparation service |
RI-186, State Bar v. Cramer, 399 Mich 116 (1976) |
| Initial interview done by |
RI-123, RI-191 |
| Letterhead, included on law firm |
RI-34, RI-105, RI-323 |
| Ownership of law firm interest |
RI-225 |
| Referring customers to lawyers |
RI-186 |
| Reviewing disputes between lawyers and clients |
RI-7, RI-15 |
| Transferring between firms |
RI-115, RI-284 |
—Supervision by Lawyer
| Administrative agency proceedings |
RI-125 |
| Changing firms requires imputed disqualification |
RI-115, RI-284 |
| Delegation of duties to |
RI-191, RI-349, 71 MBJ 826 (Aug 1992) |
| Door-to-door contacts with prospective clients |
RI-191 |
| Dual practice with medical personnel |
RI-212 |
| Duty to supervise |
R-1, RI-103, RI-125, RI-191, RI-349, 71 MBJ 826 (Aug 1992) |
| Graduates not yet licensed |
71 MBJ 1061 (Oct 1992) |
| Location of nonlawyers too remote |
R-1 |
| Prison legal services program |
R-1 |
| Ratio of nonlawyers to lawyers too high |
R-1 |
| Referral service participation |
70 MBJ 146 (Feb 1991) |
| Transferring between firms |
R-4, RI-115, RI-284, RI-285 |
| Trust kit operation |
RI-191 |
| Unlicensed law graduates |
71 MBJ 1061 (Oct 1992) |
Nonpayment of Fees
See Fees
back to list
"Of Counsel"
| Advertising |
RI-102, A/O 80 |
| Affiliations of lawyers |
RI-90, RI-102, RI-110, A/O 80 |
| Conflicts of interest |
74 MBJ 1060 (Oct 1995) |
| Firm name |
RI-90 |
| Generally |
74 MBJ 1060 (Oct 1995) |
| Imputed disqualification |
RI-102, RI-237, A/O 80 |
| Relationship between advocate and presiding judge's former firm |
A/O 80 |
| Lawyer acting as fiduciary disqualifies firm from representation |
RI-237 |
| Letterhead |
RI-102, RI-110 |
| Multi-jurisdictional practice |
RI-102 |
| Public official associated with firm practicing before agency |
RI-236 |
| Relationship defined |
74 MBJ 1060 (Oct 1995) |
Office Sharing
| See, generally "Lawyers Sharing Office Space" |
77 MBJ 194 (Feb 1998) |
| Advertising |
RI-9, 68 MBJ 245 (Mar 1989) |
| Captured counsel sharing office space with employer insurance company |
RI-338 |
| Confidentiality protected |
RI-118, RI-135, RI-206, RI-249 |
| Conflicts of interest |
RI-249 |
| Disqualification of office-sharers when lawyer testifies |
RI-299 |
| Document preparation service of lawyer |
RI-191 |
| Financial planner and lawyer |
RI-118 |
| Friend of the Court referee sharing with family law practitioner |
RI-249 |
| Imputed disqualification |
RI-249 |
| Insurance business of lawyer |
RI-135 |
| Lawyers for insureds can be housed in insurance company offices |
RI-338 |
| Letterhead |
68 MBJ 245 (Mar 1989) |
| Liability when using joint name |
American Casualty Co. v. Costello, 174 Mich App 1 (1989) |
| Marital counseling service |
RI-206 |
| Nonlaw business |
RI-118, RI-135, RI-206, 68 MBJ 948 (Oct 1989) |
| Rent calculated as percentage of gross income |
RI-133, RI-201 |
| Residence of lawyer |
RI-118 |
| Segregation of businesses |
RI-68, RI-118, RI-206 |
| Sharing facsimile machines prohibited |
RI-249 |
| Sharing letterhead prohibited |
C-230, RI-59, 71 MBJ 510 (Jun 1992) |
| Sharing space with non-law business |
RI-314 |
| Sharing phone lines prohibited |
RI-249 |
| Sharing receptionist |
|
| Signatories on trust account |
RI-107 |
| Spouses |
RI-118, RI-206 |
| Unassociated lawyers |
68 MBJ 948 (Oct 1989), 71 MBJ 510 (Jun 1992) |
Opposing Counsel
| Duty to reveal assistance to pro se litigant with appearance is limited |
RI-347 |
| Employees discussing litigation with |
R-2 |
| Negotiating settlement with presence of |
RI-145 |
| Permission to contact current lower level employees |
R-2, RI-120 |
| Permission to contact former employees |
R-2, RI-120 |
| Threatening to call opposing counsel as witness |
RI-297 |
Paralegals
See Employees
See Legal Assistant
See Nonlawyers
back to list
Part-Time Practice
See also Dual Practice
back to list
—Judicial Officer
| Appealing decisions from own court |
A/O 105 |
| Appearing before court that employs referee |
JI-126 |
| Director, officer of bank |
J-3, J-6 |
| Domestic relations referee |
RI-1, RI-249 |
| Magistrate |
JI-77, JI-97 |
| Officer or director of business |
J-3, J-6 |
| Office sharing |
RI-249 |
| Personal and substantial participation as judge in matter |
JI-42, JI-97, RI-249 |
| Probate judge |
JI-42 |
| Prosecutor prohibited from serving as magistrate |
JI-56 |
| Referee |
JI-77, RI-1, RI-249 |
| Referee practicing before employer court |
JI-126 |
| Reporting extrajudicial income |
JI-77 |
| Representing clients in which referee participated |
RI-1, RI-249 |
| Representing clients in same court where serving |
A/O 93 |
| Resignation before nonjudicial candidacy |
A/O 111 |
| Retired judge business participation |
J-3, J-6 |
—Lawyer
| Domestic relations referee |
RI-1, RI-249 |
| Government attorney handling defense cases |
C-212, R-13 |
| Part-time probate judge |
JI-42 |
| Prosecutor prohibited from serving as magistrate |
JI-56 |
| Office sharing |
RI-249 |
| Representing clients in which referee participated |
RI-1, RI-249 |
| Retired judge serving on board of business |
J-3, J-6 |
Patent/Trademark
| Advertising with organization assisting inventors |
RI-167 |
| Firm name with registered patent agent |
RI-144 |
| Recommending lawyers for patent work |
RI-167 |
| Representing party against client of former firm |
R-4 |
| Screening firm from client brought by new lawyer |
RI-97 |
| Unlicensed patent agent, association with |
RI-144 |
Perjury
See Candor to Court
See Misconduct
back to list
"Personal and Substantial" Participation
See also Conflicts of Interest
See also Disqualification
See also Dual Practice
See also Part-Time Practice
See also Public Official
back to list
| Attorney general divisions |
RI-177 |
| By administrative hearing officer |
RI-11 |
| City attorney/referee |
RI-129 |
| Commissioner/lawyer |
R-15 |
| Former client conflict because of |
RI-11 |
| Former prosecutor performing defense work |
RI-253 |
| Former defense counsel as prosecutor |
RI-152 |
| Meaning of "personal and substantial" participation |
JI-34 |
| Participation in matter of public officer limits private practice |
RI-11, JI-97 |
| Participation in matter of public officer results in disqualification |
RI-11, JI-97 |
| Participation in prior employment affects public duties |
RI-43 |
| Part-time judge practicing law |
JI-42, JI-97 |
| Prosecutor formerly defense lawyer |
RI-152 |
| Prosecutor providing services for Department of Social Services |
RI-183 |
| Prosecutor who formerly participated as law clerk |
RI-43 |
| Prosecutor's duties to state and other government agency |
RI-183 |
| Referee who "personally and substantially" participated as private lawyer |
RI-1 |
| Special assistant attorneys general |
RI-177 |
| Withdrawal from case to negotiate employment |
RI-11 |
Personal Relationships
See also Conflicts of Interest
See also Disqualification
back to list
| Acquaintance of judge appearing as advocate or party |
JI-44 |
| Advocate is judge's personal lawyer in unrelated matters |
J-5, J-6, JI-39, R-20 |
| Advocate related to presiding adjudicator |
J-4, J-6, R-3 |
| Advocate represented judge's family |
J-6, JI-102, Grievance Adm'r v. Lopatin, Attorney Discipline Bd. 92-224-GA (2/23/1996) |
| "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 (1989) |
| Animosity between judge and advocate |
JI-44 |
| Business interests of judge's spouse |
JI-13 |
| Cases involving former partners and clients |
J-6, JI-39 |
| Codefendants with judge in unrelated matter |
J-6, JI-39 |
| Cohabitation, effect on disqualification |
J-6, R-3 |
| Consent of clients where attorney spouses appear |
J-6, R-3 |
| Court administrator's spouse acting as prosecutor |
RI-12 |
| Dating party or advocate |
J-6, R-3, Matter of Templin, 432 Mich 1220 (1989) |
| Discipline counsel related to hearing panelist |
RI-119 |
| Disclosing client confidences to spouse |
RI-62 |
| Firm of family members |
C-216, J-4, J-6, R-3 |
| Firms of lawyer spouses |
J-6, R-3 |
| Lawyer spouses |
J-6, R-3 |
| Judicial candidate related to campaign treasurer |
JI-90, A/O 15 |
| Judge reviewing decisions of spouse |
JI-31 |
| Judge's spouse is assistant prosecutor |
JI-101, JI-132, JI-133 |
| Member of advocate's firm related to presiding adjudicator |
J-6, R-3, RI-119 |
| Nonlawyer employee of advocate related to judge |
C-216, J-6 |
| Opposing lawyers cohabiting |
J-6, R-3 |
| Opposing lawyers dating |
J-6, R-3 |
| Opposing lawyer is neighbor of client, has unauthorized access |
RI-145 |
| Opposing party represented by spouse's firm |
C-213, J-6, R-3 |
| Paralegal relative of judge worked on case presented |
C-216, J-6 |
| Party dating presiding adjudicator |
Matter of Templin, 432 Mich 1220 (1989) |
| Prosecutor handling spouse's insurance dispute |
RI-280 |
| Prosecutor's spouse serving as district court administrator |
RI-12 |
| Prosecutor's spouse as defense lawyer |
RI-228 |
| Relatives appearing before judge as advocates |
J-4, J-6, R-3 |
| Relative of judicial candidate serving as campaign treasurer |
JI-90, A/O 15 |
| Representing municipality when mayor is a sibling |
RI-94 |
| Spouse of judge serving on campaign committee of nonjudicial candidate |
JI-47 |
| Spouse of presiding judge representing party |
R-3, J-6 |
| Spouse's firm representing opposing party |
R-3, J-6 |
| Spouse's insurance claim conflicting with prosecutor's duties |
RI-280 |
| Spouses representing opposing parties |
R-3, J-6 |
| Supervising performance of spouse |
JI-31 |
| US Army Legal Assistance providing legal assistance to soldiers and spouses |
RI-172 |
| Witness's employee related to presiding judge |
JI-62 |
Personal Representative
See Probate and Estate Practice
back to list
Political Activity
See also Campaign Practices
See also Candidates
See also Statements of Position
back to list
—Judicial Officer
| Ad books of political party, buying space in |
JI-36 |
| Adult education, stating opinion on governor's proposal |
JI-108 |
| Applicability of Judicial Code |
JI-10, A/O 50 |
| Ballot proposals |
C-237, A/O 14 |
| Bar association office |
JI-53 |
| Bingo announcing |
JI-73 |
| Campaign committee service |
A/O 74, A/O 86 |
| Candidate for judicial office included in literature with nonjudicial candidates |
JI-11 |
| Candidate ratings by local bar association |
JI-120 |
| Candidate resigning from governmental board |
JI-91 |
| Census committee board participation |
JI-18 |
| Chamber of Commerce PAC |
JI-65 |
| Charitable board organized under political party |
JI-22 |
| Client naming lawyer drafting will as personal representative |
RI-291 |
| Contribution to political action committee |
JI-105 |
| Debate sponsored by political party-judge as moderator |
JI-121 |
| Discrimination protest participation |
JI-109 |
| Discussing position on political issues |
JI-131 |
| Drafting lawyer named as personal representative without bond |
RI-291 |
| Endorsement before announcing candidacy |
JI-81 |
| Endorsement of judicial candidate |
JI-11, JI-81, A/O 13, A/O 24, A/O 52, A/O 53, A/O 55, A/O 57, A/O 108 |
| Endorsement of judicial candidate by political party |
JI-11 |
| Endorsement of millage proposal |
JI-46 |
| Endorsement of nonjudicial candidate |
JI-11, JI-30, A/0 25, A/O 60, A/O 102 |
| Endorsement of pro-business candidates |
JI-65 |
| Endorsement of union resolution concerning plant closings |
JI-52 |
| Fund granting activities |
JI-12 |
| Fund raising for political party |
JI-73 |
| Government board service |
JI-12, JI-91, A/O 96 |
| Holding nonjudicial partisan office |
JI-10, A/O 50 |
| Hosting event |
A/O 32 |
| Injunction to prevent |
Blackwell v. Bayles, 141 Mich App 151 (1984) |
| Judge attending political party fundraiser |
JI-115 |
| Judge serving as moderator at debate |
JI-121 |
| Judicial candidate's literature distributed |
JI-93 |
| Jury records used for judge's election mailings |
JI-104 |
| Legislative committee of Chamber of Commerce |
JI-65 |
| Magistrate holding partisan office |
A/O 50 |
| Millage proposal, judge's endorsement of |
JI-46 |
| Misleading publication of candidate's rating |
JI-120 |
| Nominating petitions, nonjudicial candidates |
A/O 25 |
| Nonjudicial candidate, judge's participation in campaign |
JI-30 |
| Opinions on ballot proposals |
C-237 |
| Partisan political activity |
JI-10, JI-30, Matter of Bennett, 403 Mich 178 (1978) |
| Party affiliation |
Op 206 |
| Party office |
A/O 74 |
| Personal contribution to political party |
Op 206 |
| Political action committee of Chamber of Commerce |
JI-65 |
| Political issues, judge commenting on |
C-237, JI-46, JI-108 |
| Political party inviting judge to attend dinner |
JI-115 |
| Politically endorsed committee, judge as member |
JI-12 |
| Political party ad book submission |
JI-36 |
| Political party affiliations |
Op 206 |
| Political party sponsored debate-judge as moderator |
JI-121 |
| Public endorsement by judge of nonjudicial candidate |
JI-30 |
| Public protest participation, discrimination |
JI-109 |
| Ratings by local bar association |
JI-120 |
| Recall participation by judge improper |
In re Bayles, 427 Mich 1201 (1986) |
| Resignation before becoming candidate for partisan office |
JI-10, JI-59, A/O 111 |
| School board membership |
JI-19 |
| Sitting on dais with spouse organizer of political fund raiser |
JI-47 |
| Soliciting funds for political party |
Op 206 |
| Spouse on political candidate's committee |
JI-47 |
| Spouse organizing political fund raiser |
JI-47 |
| Testimonial dinner for nonjudicial officer, judge attending |
JI-49, A/O 75, A/O 78, A/O 85, A/O 98 |
| Union resolution, judges endorsing |
JI-52 |
Practice of Law
See also Lawyer Referral Services
See also Part-Time Practice
See also Termination of Law Practice
See also Unauthorized Practice of Law
back to list
—Nonlawyers
| Administrative agency proceedings |
RI-125, RI-103 |
| Agents in court |
70 MBJ 442 (May 1991) |
| Graduates, not yet licensed |
71 MBJ 1061 (Oct 1992) |
| Out-of-state lawyers providing legal assistance concerning Michigan laws |
70 MBJ 1318 (Dec 1991), 71 MBJ 687 (Jul 1992) |
| Title insurance companies |
A/O 1, 70 MBJ 1198 (Nov 1991), 71 MBJ 428 (May 1992) |
—Judge
| "Assignment" of law practice in
anticipation of judgeship |
JI-89 |
| Charitable organization counsel |
J-2 |
| Continuing relationship with judge's former law practice |
JI-89 |
| District court judicial officers |
JI-77, JI-97 |
| Family of judge as judge's clients |
J-2 |
| Fee waiver by judge not sufficient |
J-2 |
| Judicial officer appearing in out-of-state matter |
J-2 |
| Judicial officer appearing pro se |
J-2 |
| Judicial officer prohibited from undertaking legal work |
J-2 |
| Judge's solicitation of provisions in contemplated wills |
A/O 16 |
| Legal advisor to organization prohibited |
A/O 7 |
| Magistrate |
JI-77, JI-97 |
| "Office practice" |
J-2 |
| Part-time referee engaging in law practice |
JI-126 |
| Practice by judge prohibited |
J-2, JI-77, JI-97, JI-89 |
| Referee, part-time |
RI-1, JI-77, RI-249 |
| Referee who also practices law before own court |
JI-126 |
| Tax business |
A/O 5 |
| Winding up law practice before becoming judge |
J-2, JI-89, A/O 3, In the Matter of Ryman, 394 Mich 637 (1975) |
—Lawyer
| Changing firms, restrictions imposed by former firm |
RI-86, RI-245 |
| City attorney, part-time |
R-13, RI-4 |
| Corporate counsel required to have Michigan license |
71 MBJ 555 (Jun 1992) |
| Judge's former firm members practicing before judge's court |
J-4, J-6 |
| Ineffective assistance of counsel after nonpayment of dues |
People v. Pubrat, 451 Mich 589 (1996) |
| Out-of-state lawyers providing legal assistance concerning Michigan laws |
70 MBJ 1318 (Dec 1991), 71 MBJ 687 (Jul 1992) |
| Screening when moving from public office to private practice |
R-4 |
| Suspended lawyer taking depositions |
RI-101 |
| Unlicensed law graduates |
71 MBJ 1061 (Oct 1992) |
Prestige of Judicial Office
See also Charitable/Civic Activities of Judges
See also Solicitation
back to list
| Alternative sentencing program-restitution |
JI-130 |
| Character reference provided by judge |
JI-41, A/O 67 |
| Charitable activities, trading on |
J-1 |
| Endorsement of nonjudicial candidates |
JI-11, JI-30, A/O 60, A/O 102 |
| Former law firm of judge using judge's name |
JI-89 |
| Investment club membership by judge |
JI-119 |
| Judge as member of investment club with lawyers |
JI-119 |
| Judge attending political party fundraiser |
JI-115 |
| Judge encouraging pro bono activities |
J-7 |
| Judge present in courtroom as moral support for party |
JI-15 |
| Lawyers asked to participate in pro bono activities |
J-7 |
| Political party inviting judge to attend dinner |
JI-115 |
| Pro bono solicitation by judge |
J-7 |
| Restitution-performing services to pay off sentence |
JI-130 |
| Sentencing, donations to charity as part of |
JI-48, JI-55, JI-64 |
| Sentencing-performing services to work off restitution |
JI-130 |
| Soliciting participation |
J-7 |
| Soliciting money |
Matter of Merritt, 431 Mich 1211 (1988) |
| Symbols worn on judicial robe |
JI-68 |
Privileged Communication
See Attorney-Client Privilege
See Confidences
back to list
Probate and Estate Practice
See also Disability
See also Guardianship
back to list
| Beneficiaries of estate, duties to |
R-10, RI-156 |
| Bequest to particular beneficiary as condition of discount |
RI-229 |
| Client naming lawyer drafting will as personal representative |
RI-291 |
| Conflicts as claimant and fiduciary |
R-10, RI-79 |
| Conservator as client/contingent fee |
RI-304, RI-342 |
| Contract for public conservator services |
RI-213 |
| Deceased lawyer, law firm payments to estate |
RI-216 |
| Delinquency matters handled by prosecutor |
RI-183 |
| Discharged lawyer, disposition of client property |
RI-156 |
| Disclosure to prevent suspected client fraud |
RI-156 |
| Discount for bequest to church |
RI-229 |
| Distribution of assets or proceeds |
R-10, RI-85 |
| Drafting lawyer named as personal representative without bond |
RI-291 |
| Employee of lawyer is witness in contested will proceeding |
RI-26 |
| Fees apportioned among clients |
RI-155 |
| Fiduciary duties of personal representative |
R-10, RI-79, RI-85 |
| Fiduciary duties performed by sitting judge |
A/O 64, JI-88, JI-98 |
| Fiduciary/lawyer imputes disqualification |
RI-237 |
| Fraud of client suspected |
RI-156 |
| Guardian ad litem subsequent representation in matter |
RI-227 |
| Inaccurate, truthful testimony |
RI-272 |
| Lawyer as witness on will drafted by lawyer |
RI-87 |
| Judge is attesting witness on will |
A/O 8 |
| Judge is will drafter |
A/O 17 |
| Judge serving as personal representative |
A/O 64 |
| Judge as fiduciary |
A/O 64, JI-88, JI-98 |
| Judge translates will to foreign testator |
A/O 8 |
| Lawyer duties in representing fiduciary |
R-10, RI-350 |
| Lawyer serving as ward's fiduciary |
RI-213 |
| "Living will" and health care directive information presented at seminar |
RI-141 |
| Multiple clients, lienors and personal representative |
RI-155 |
| No-fault claim of estate |
RI-155 |
| "Of counsel" fiduciary imputes disqualification |
RI-237 |
| Part-time judge serving as conservator or trustee |
JI-88, JI-98 |
| Part-time probate judge in private practice |
JI-42 |
| Personal representative of estate as "client" |
R-10, RI-79, RI-85, RI-156 |
| Personal representative testifying inaccurately |
RI-272 |
| Probate and wrongful death representation at different fee rates |
RI-114 |
| Protective order against client |
RI-76 |
| Representing medical providers and pursuing third party claims |
RI-155 |
| Representing personal representative as claimant and as fiduciary |
R-10, RI-79 |
| Representing will beneficiaries against former client personal representative |
RI-87 |
| Transfer of client property in lawyer's possession |
RI-156 |
| Trust services by nonlawyer |
71 MBJ 212 (Feb 1992), Detroit Bar Ass'n v. Union Guardian Trust Co., 282 Mich 707 (1938), State Bar v. Cramer, 399 Mich 116 (1976) |
| Trust kit services provided by lawyer through nonlawyer intermediary |
RI-191, 74 MBJ 438 (May 1995) |
| Will services by nonlawyer |
Detroit Bar Ass'n v. Union Guardian Trust Co., 282 Mich 707 (1938), Grand Rapids Bar Ass'n v. Denkema, 290 Mich 56 (1939), State Bar v. Cramer, 399 Mich 116 (1976) |
| Witnesses |
RI-26, RI-87 |
| Wrongful death and probate representation at different fee rates |
RI-114 |
Prosecutors
See also Criminal Representation
See also Government Lawyer
See also Imputed Disqualification
See also Public Defender
See also Public Official
back to list
| Appointments as special prosecutor |
C-225, RI-152 |
| Bidding on defense contract |
RI-253 |
| Campaign contribution to prosecutor from relative of defendant |
RI-23 |
| Character witness in criminal case |
RI-233 |
| Coercing civil settlements |
RI-78 |
| Community corrections board member |
RI-208 |
| Complaining witness in criminal case contacted by defense attorney |
RI-302 |
| Conflicts, Department of Social Services representation |
RI-183 |
| Conflicts, former city attorney |
RI-4 |
| Conflicts, former criminal defense lawyer |
RI-152 |
| Conflicts, pro bono cases |
RI-283 |
| Conflicts, special assistants attorneys general |
RI-177 |
| Continuing representation of defendant on appeal |
RI-295 |
| County entity as "client" |
RI-112 |
| Decision not to prosecute |
RI-23 |
| Defense attorney contacting complaining witness |
RI-302 |
| Defense lawyer elected prosecutor |
RI-152 |
| Delinquency proceedings |
RI-183 |
| Department of Social Services representation |
RI-183 |
| Disqualification of judges who were assistant prosecutors |
JI-34 |
| Disqualification of judges who were chief prosecutors |
JI-34 |
| Disqualification when prosecutor is former defense lawyer |
RI-152 |
| Employee as character witness in criminal case |
RI-233 |
| Ethical duties of government lawyer |
77 MBJ 76 (Jan 1998) |
| Former prosecutor performing defense work |
RI-253 |
| Imputed disqualification of prosecutor's office |
RI-43, RI-152, RI-177, RI-183 |
| Incompatible offices statute |
JI-56, RI-112 |
| Insurance claim of prosecutor's spouse poses conflict |
RI-280 |
| Judge's spouse is assistant prosecutor |
JI-101, JI-132, JI-133 |
| Magistrate service by prosecutor |
JI-56 |
| Office space rented from defense lawyer |
RI-82 |
| Outside firm used to collect restitution |
RI-329 |
| Plea bargain, defense counsel duty to remind prosecutor |
RI-165 |
| Pro bono program |
RI-283 |
| Prosecutor and defense functions, performing both |
R-13 |
| Prosecutor as advisory deputy sheriff |
RI-96 |
| Prosecutor handling spouse's insurance claim |
RI-280 |
| Prosecutor prohibited from serving as magistrate |
JI-56 |
| Prosecutor's office as "law firm" |
RI-43, RI-152, RI-280 |
| Prosecutor not allowing complaining witness to talk with defense attorney |
RI-302 |
| Renting space from defense lawyer |
RI-82 |
| Sheriff's department as client |
RI-96 |
| Special prosecutor appointments |
C-225, RI-152, RI-177 |
| Spouse serves as district court administrator |
RI-12 |
| Spouse as defense lawyer |
RI-228 |
| Tribal court prosecutor representing criminal defendants in other courts |
R-13 |
| Trust account use to collect restitution |
RI-329 |
| Using outside firm to collect restitution |
RI-329 |
| Witness in criminal case |
RI-233, RI-242 |
Publications
| Computer programs of legal forms |
JI-21 |
Public Corporation Law
See also Corporation Counsel
See also Corporations
See also Government Lawyer
See also Inside Counsel
back to list
| Arrest of city manager, duties of city attorney |
RI-259 |
| Corporation counsel formerly presided over jail |
A/O 41 |
| County board waiving lawyer conflicts |
RI-267 |
| Disclosures of pending matters |
RI-266 |
| Firm of official representing clients before board |
C-241, RI-22, RI-180, RI-236 |
| Inside counsel advising entity on outside counsel conflict |
RI-267 |
| Inside counsel contacted by client of outside counsel |
RI-267 |
| Insurer insuring city, while city attorney presides as state hearing officer over unrelated claims against insurer |
RI-129 |
| Liaison attorney, conflicts with private practice |
JI-29 |
| Mayor related to counsel for municipality |
RI-94 |
Public Defender
See also Criminal Representation
See also Prosecutors
See also Public Corporation Law
back to list
| Applicability of the Michigan Rules of Professional Conduct |
R-12 |
| Contract for defense services, privileged data |
RI-266 |
| Establishing two offices to serve clients adverse to each other |
RI-334 |
| Microfilm in lieu of paper file |
R-12 |
| Notice regarding disposition of closed representation files |
R-12 |
| Rejecting court appointment to represent client |
C-210 |
Public Official
See also Dual Practice
See also Government Lawyer
See also Judicial Officer
See also Prosecutors
back to list
| Arrest of city manager, duties of city attorney |
RI-259 |
| City attorney serving as state hearing officer |
RI-129 |
| Client suing city council—lawyer also member |
RI-292 |
| Commissioner representing private clients against subordinate entities |
RI-126 |
| Commissioner representing private clients against city attorney over whom commissioner has budget control |
RI-126 |
| Commissioner serving as township attorney |
C-214 |
| Commissioners not "clients" of county corporation counsel |
RI-112 |
| Conservator, public duties |
RI-213 |
| Corporation counsel formerly presided over jail |
A/O 41 |
| County officials' access to county legal services data |
RI-210 |
| Disqualification of commissioner's firm from matters before commission or subordinate boards |
C-241, RI-22, RI-180, RI-236 |
| Firm of official representing clients before board |
C-241, RI-22, RI-180, RI-236 |
| Guardian ad litem, public duties |
RI-176, RI-213 |
| Insurer insuring city, while city attorney presides as state hearing officer over unrelated claims against insurer |
RI-129 |
| Judicial officer negotiating for employment in contemplation of leaving office |
JI-35 |
| Lawyer as member of council suing council |
RI-292 |
| Lawyer/legislator cannot represent clients before legislative body |
RI-331 |
| Legislator is member of law firm suing state agency |
RI-306 |
| Magistrate service by prosecutor |
JI-56 |
| Mayor related to counsel for municipality |
RI-94 |
| MESC hearing officer presiding in cases in which employee of law firm's client appear |
Schlossberg v. State Bar Grievance Bd., 388 Mich 389 (1972) |
| Lawyer serving as |
JI-29 |
| Liaison attorney, conflicts with private practice |
JI-29 |
| Part-time judge, private practice |
JI-42 |
| Part-time judge serving as prosecutor |
JI-56 |
| Representing client against city council—lawyer as council |
RI-292 |
| Representing client against state agency when firm member is legislator |
RI-306 |
| Special prosecutor appointments |
RI-177 |
| Spouse of lawyer suing public body |
RI-289 |
Real Property Law
| Commission from broker for referring business |
RI-146 |
| Construction liens to secure lawyer's fee |
RI-182 |
| Consulting arrangement with nonlawyer for property tax appeals |
RI-104 |
| Discharged lawyer, disposition of client's deed |
RI-156 |
| Disclosure of title problems |
RI-157 |
| Duties to purchasers when representing seller |
RI-157 |
| Foreclosure of client property to collect lawyer fee |
RI-277 |
| Fraudulent alteration of deeds before becoming judge |
In the Matter of Ryman, 394 Mich 637 (1975) |
| Fraudulent conveyance, duty to rectify |
RI-151, RI-156 |
| Judge leasing space to lawyers |
JI-6 |
| Lawyer named as deed preparer |
RI-298 |
| Lawyer receiving commission from broker for referral |
RI-146 |
| Liens to secure lawyer's fee |
RI-182 |
| Real estate claim against former client's property settlement |
RI-248 |
| Real estate transactions conducted by nonlawyers |
Ingham County Bar Ass'n v. Neller Co., 342 Mich 214 (1955), State Bar of MI v. Kupris, 366 Mich 688 (1962) |
| Representing customer of own title insurance business |
RI-5 |
| Reviewing title issued by own company |
RI-5 |
| Quitclaim deeds issued by city attorney |
RI-157 |
| Spouse of judge leasing to lawyers |
JI-13 |
| Title company owned by lawyer referring clients |
RI-5 |
| Title examination services by judge prohibited |
A/O 1 |
| Title insurance companies |
70 MBJ 1198 (Nov 1991), 71 MBJ 428 (May 1992) |
| Title problems, lawyer's duty to disclose to transferees |
RI-157 |
| Transfer of client property in lawyer's possession |
RI-156 |
Record Retention
State Bar Membership Services offers a compilation of materials on this subject.
| Arbitration files not governed by ethics rules |
RI-188 |
| Client "property" |
R-5, R-12, RI-178, RI-240 |
| Confidentiality |
R-5, RI-178 |
| Damage to client's files |
RI-109 |
| Declined representation |
RI-240 |
| Duty to have law firm plan for retention |
R-5, R-12, RI-240, 74 MBJ 1196 (Nov 1995) |
| Effective date of duty for retention plan |
RI-240 |
| Flood damage to client property |
RI-109 |
| Lawyer referral service |
RI-178 |
| Interview notes |
RI-240 |
| Medical record retention |
RI-240 |
| Microfilm in lieu of paper file |
R-12 |
| Notice regarding disposition of closed representation files |
R-5, R-12, RI-109, RI-178, RI-240 |
| Overview |
74 MBJ 1196 (Nov 1995) |
| Proper disposition of client files by retiring lawyer |
RI-100 |
| Prospective clients |
RI-240 |
| Public defender office |
R-12 |
| Retention schedule for client files |
R-5, R-12, RI-240, 70 MBJ 1018 (Oct 1991) |
| Time periods for retention |
RI-240 |
| Trust account guidelines |
R-7 |
Recusal
See Disqualification
See Judicial Officer
back to list
Referees
See also Judicial Officer
back to list
| Accepting referral fees |
JI-45 |
| Acting as referee and advocate |
JI-128 |
| Adjudicating and acting as advocate |
JI-128 |
| Advocating and acting as referee |
JI-128 |
| Appearance of part-time magistrate's firm |
JI-114 |
| Domestic relations referee and liaison attorney |
JI-29 |
| Dual roles—referee and advocate |
JI-129 |
| Expert witness-referee testifying |
JI-127 |
| FOC referee and FOC advocate |
JI-129 |
| FOC referee as expert witness |
JI-127 |
| Hearing matters in which participated as lawyer |
RI-1, RI-249 |
| Hearing matters presented by former law firm |
RI-1, RI-249 |
| Part-time practice |
RI-1, JI-77, RI-249 |
| Part-time referee engaging in law practice |
JI-126 |
| Part-time referee; part-time advocate |
JI-129 |
| Representing clients in matter formerly before as referee |
JI-29, RI-1, RI-249 |
| Referee who also practices law before own court |
JI-126 |
| Referral fees |
JI-45 |
| Testifying as expert witness |
JI-127 |
References
| Judge providing personal reference |
JI-41, A/O 67 |
Referral Fees
See Division of Fees
See Lawyer Referral Services
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Referrals
See Division of Fees
back to list
Reinstatement and Readmission
See also Admission to the Bar
See also Cooperation with Discipline Authorities
See also Discipline
See also Due Process in Discipline Proceedings
See also Ethics Committee
See also Judicial Officer
See also Misconduct
back to list
| Character and fitness clearance after discipline |
Yashinsky v. State Bd. of Law Examiners, 539 NW2d 378 (1995) |
| "Clear and convincing" evidence on behalf of reinstatement required |
In the Matter of Freedman, 406 Mich 256 (1979) |
| Conditions of reinstatement must be specified |
State Bar Grievance Adm'r v. Albert, 403 Mich 346 (1978) |
| Denial of reinstatement on preponderance of evidence |
In the Matter of Freedman, 406 Mich 256 (1979) |
| Effect of original misconduct on reinstatement |
State Bar Grievance Adm'r v. August, 438 Mich 296 (1991), In the Matter of Reinstatement of Callanan, Jr., 440 Mich 1207 (1992), In the Matter of McWhorter 449 Mich 130 (1995) |
| Remorse as condition of reinstatement |
State Bar Grievance Adm'r v. Albert, 403 Mich 346 (1978) |
| Length of time independent since incarceration |
In the Matter of Reinstatement of Callanan, Jr., 440 Mich 1207 (1992) |
| Length of time independent since probation |
In the Matter of McWhorter 449 Mich 130 (1995) |
| Recertification after discipline |
Yashinsky v. State Bd. of Law Examiners, 539 NW2d 378 (1995) |
| Understanding impropriety of underlying misconduct |
State Bar Grievance Adm'r v. Albert, 403 Mich 346 (1978) |
Release
| Waiver of liability, guardian ad litem |
RI-259 |
| Waiver of liability, nonlaw business |
RI-263 |
| Waiver of liability, reduced fee |
RI-319 |
| Waiver of liability, unethical conduct |
RI-88, RI-257, RI-319 |
Remittal of Disqualification
| Consent of parties to adjudicator presiding |
J-6 |
Reporting Duties
See also Attorney-Client Privilege
See also Cooperation with Discipline Authorities
See also Confidences
See also Misconduct
See also Secrets
back to list
| Disciplined lawyer's unauthorized practice |
RI-101 |
| Failure to communicate settlement offer, duty to report |
RI-171 |
| Filing deadlines repeatedly missed |
RI-149 |
| Illegal activity of client |
RI-111, RI-138, RI-151 |
| Inaccurate, truthful testimony of client |
RI-272 |
| Judge reporting lawyer misconduct |
RI-88, A/O 44 |
| Ethics violations of client lawyer |
RI-220 |
| Ex parte contact between lawyer and judge |
JI-85, RI-195 |
| Extrajudicial income |
JI-77, JI-80 |
| Law student misconduct, duty to report |
RI-29 |
| Negotiating settlement with opposing party |
RI-145 |
| Opposing counsel offering unethical settlement terms |
RI-220, RI-232 |
| Perjury of client |
RI-13, RI-151 |
| Promise not to file grievance |
RI-220, RI-232 |
| Rectifying client misconduct |
RI-151 |
| Settlement terms including promise not to file grievance |
RI-220, RI-232 |
| Tax fraud |
A/O 89 |
| Unauthorized practice of law |
C-239, JI-26, RI-101 |
Retainer Agreements
See Fees
back to list
Retired Judge
| Business participation |
J-3, J-6 |
| Disqualification for business interests |
J-3, J-6 |
| Leave of absence while on judicial assignment |
J-3, J-6 |
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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