|
Safekeeping Client Property
See also Record Retention
See also Trust Accounts
back to list
| Accepting credit card payments for advance legal fees |
RI-344 |
| Deed in possession of lawyer, duty absent client instruction |
RI-156 |
| Disbursements client has not cashed |
RI-222 |
| Funds of missing clients |
RI-67 |
| Retention schedule |
R-5, R-12, RI-178, RI-240, 70 MBJ 1018 (Oct 1991) |
| Retirement from law practice |
RI-100 |
| Trust account handling |
R-7, R-21 |
| Unclaimed client property |
RI-38, RI-58 |
Scope of Representation
See also Decision-Making Authority of Client
back to list
| Agreement to release counsel if future conflict arises |
RI-183 |
| Ambiguous fee agreement |
R-11, RI-184 |
| Appeal, duty to preserve client's right to |
R-11 |
| Bankruptcy adversary proceedings, duty to represent |
RI-184 |
| Client fails to follow up for further assistance |
RI-154 |
| Duty to disclose limitations of, when providing unbundled legal services to pro se litigant |
RI-347 |
| Failure to communicate settlement offer |
RI-171 |
| Limitation by agreement with client in bankruptcy proceeding |
RI-348 |
| Limited by lawyer's contract with court |
JI-50 |
| Limited by payor of lawyer's fee |
RI-132 |
| Limited by using subsidiary firm |
RI-326 |
| Prosecutor representing government agency only until conflict arises |
RI-183 |
| Settlement offers, decision of client |
RI-76 |
Screening
See also Imputed Disqualification
back to list
| Abstention from participation as public officer ineffective |
RI-94 |
| Adequacy |
R-4, RI-115, RI-284 |
| Assistant prosecutor married to presiding judge |
JI-101 |
| Clients solicited by nonlawyer agents |
RI-191 |
| Conflict with current client, screening does not vitiate |
RI-139, RI-172 |
| Conflict with former clients |
70 MBJ 440 (May 1991) |
| "Directly adverse" conflict cannot be cured by screening |
RI-139, RI-172 |
| Firm screened from clients brought to firm by new lawyer |
RI-97 |
| Former law clerk |
RI-43 |
| Imputed disqualification exception |
R-4, RI-97, RI-172 |
| Lawyer screened when joining new firm |
R-4, RI-285 |
| New prosecutor |
RI-43 |
| Nonlawyer employees |
C-216, J-6, R-4, RI-115, RI-284 |
| Paralegal for opponent hired as lawyer |
RI-285 |
| Preventing firm disqualification—client adjudicated by firm member |
RI-288 |
| Previous employment with opposing firm |
R-4, RI-115, RI-284, RI-285 |
| Previous representation of opposing party |
R-4 |
| Prosecutor who formerly served as defense counsel |
RI-152 |
| Public office conflicts |
JI-34, RI-43, RI-94, RI-126 |
| Timeliness |
R-4, RI-43, RI-139, RI-285 |
Secrets
See also Attorney-Client Privilege
See also Confidences
back to list
| Alleged fraud on former client |
RI-217 |
| Client information relating to accounts receivable pledged by law firm as collateral for bank loan |
RI-77 |
| Employee home addresses |
RI-2 |
| Lawyers for insureds can be housed in insurance company offices |
RI-338 |
| Settlement negotiations |
RI-217, RI-220, RI-232 |
Seminars
| Advertising on-site legal advice when site inhibits protection of confidences and secrets |
RI-141 |
| Coercion to make legal decisions at site |
RI-141 |
| Dividing registration fee with nonlawyer organizer |
RI-141 |
| Free legal seminar |
RI-81 |
| Independent legal advice, attendee opportunity for |
RI-141 |
| Lawyer setting up booth outside seminar |
RI-99 |
| Legal counseling allegedly delivered at site |
RI-141 |
| Seminar to identify similar claimants |
RI-81 |
Sentencing
See also Duties of Office
back to list
| "Authorized by law" |
JI-48, JI-55 |
| Community service offered in exchange for contribution to judicial charity |
JI-48 |
| Community service to compile statistics on judicial candidates |
JI-107 |
| Defendant's choice of rehabilitation programs to attend |
JI-64 |
| Judge sits on board where defendant sentenced |
JI-64, JI-66 |
| Highway clean up, sponsored by advocate |
RI-251 |
| Incarceration alternatives limited to service or rehabilitation |
JI-64 |
| Parole hearing, lawyer disclosing client behavior |
RI-261 |
| Prosecutor sits on board where defendant sentenced |
RI-208 |
| Requiring payment of monies to charitable organization |
JI-48, JI-55, JI-64 |
| Sentence affected by board membership of judge or prosecutor |
JI-64, JI-66, RI-208 |
Settlements
See also Alternate Dispute Resolution
See also Trial Practice
back to list
| Client/lawyer disputes limited to alternate dispute resolution |
RI-257 |
| Conditioned on reduction of attorney fee |
C-235 |
| Decision of client to accept |
RI-76 |
| Delays in finalizing settlements, duty to report lawyer |
RI-149, RI-171 |
| Duty to convey offer to resolve through ADR |
RI-255 |
| Failure to communicate to client |
RI-171 |
| Fraud alleged perpetrated against former client, disclosure |
RI-217 |
| Limiting liability of lawyer |
RI-2, RI-196 |
| Malpractice claims limited to arbitration |
RI-196 |
| Medical provider creditor in bill dispute with client inhibits settlement of case |
RI-215 |
| Negotiating directly with represented party |
RI-145, RI-171 |
| Negotiating without presence of opposing counsel |
RI-145, RI-171 |
| Obligations upon receipt |
R-21 |
| Promise not to file grievance |
RI-220, RI-232 |
| Secret litigation settlement |
77 MBJ 950 (Sep 1998) |
| Stipulation not to file grievance |
RI-88, RI-196, RI-220, RI-232, RI-257 |
| Threat to file criminal charge |
RI-78 |
| Threat to file grievance |
RI-88, RI-220 |
| Withdrawal when clients dispute acceptance of mediation award |
RI-134 |
Small Claims
| Court assistance to parties |
A/O 92 |
| Record of proceedings, judge's duty to make |
A/O 88 |
| Televising proceedings |
A/O 30 |
| Unauthorized practice of law |
A/O 92, 70 MBJ 442 (May 1991) |
Solicitation
—Funds
| By judge for charitable/civic purpose |
J-1, JI-33, JI-48, Matter of Merritt, 431 Mich 1211 (1988) |
| By judge from other judges |
A/O 61 |
| By judge on behalf of third parties |
J-1, JI-3, JI-49 |
| By judges' organization |
JI-33, JI-49, A/O 43 |
| By judicial candidate prohibited |
JI-1, A/O 24, Matter of Hotchkiss, 415 Mich 1101 (1982) |
| Cash donations to support judicial softball players |
JI-54 |
| Covering expenses only, not for profit |
JI-49 |
| $100 solicitation limit per election |
JI-1 |
| $100 solicitation limit per PAC |
JI-2 |
| $100 solicitation limit per lawyer |
JI-1 |
| Nonjudge for organization of judges |
JI-33, JI-49, A/O 43 |
| Sentences involving charitable contributions |
JI-48, JI-55, JI-64 |
| Testimonial dinner |
JI-49, A/O 95 |
—Legal Services
| After telephone consultation |
RI-9 |
| Agents used to identify and contact clients |
RI-191, Matter of Jaques, 401 Mich 516 (1977), on remand 407 Mich 26 (1979) |
| Announcements sent to former firm's clients |
RI-49 |
| Booth outside seminar |
RI-99 |
| By president of legal insurance corporation |
RI-18 |
| By third party for judge participation |
J-1 |
| Changing firms |
RI-86, RI-245, 76 MBJ 84 (Jan 1997), 69 MBJ 154 (Feb 1990) |
| Clients of former firm |
76 MBJ 84 (Jan 1997), 69 MBJ 154 (Feb 1990) |
| Communications about physical location as law office without dedicated office space |
RI-355 |
| Court order authorizing |
RI-42 |
| Customers of lawyer's nonlaw business |
RI-135, RI-198 |
| Departing lawyer |
RI-86, RI-245, 76 MBJ 84 (Jan 1997), 69 MBJ 154 (Feb 1990) |
| Direct mail |
C-218, C-236, RI-18, RI-74, RI-193, RI-244 |
| Door-to door salespeople of trust kits |
RI-325 |
| Group advertising plan |
RI-9 |
| Improper follow up with prospective client |
RI-9 |
| In-person |
RI-99, RI-135 |
| Internet use |
RI-276 |
| Insurance customers |
RI-135 |
| Letter regarding lawyer's services in "newcomer" packets |
RI-169 |
| Letter to beneficiaries of escheated funds |
RI-193 |
| Mail |
C-218, C-236, RI-18, RI-74, RI-193, RI-244 |
| Misleading information from referring lawyer to referred clients |
RI-224 |
| Nonlawyers soliciting for lawyer |
RI-147 |
| Physician asked to refer patients to lawyer |
RI-205 |
| Referral service participation |
70 MBJ 146 (Feb 1991) |
| Referring lawyer recontacting referred clients |
RI-224 |
| Runners |
In re Woll, 387 Mich 154 (1972) |
| Selling insurance to lawyer's law customers |
RI-135 |
| Seminar to identify similar claimants |
RI-81 |
| Seminar information booth |
RI-99 |
| Targeted letters |
RI-74 |
| Trust kit salespeople |
RI-325 |
| Using intermediary to meet with clients |
RI-325 |
—Membership
| Bar association solicitation to lawyers from judge |
A/O 79 |
| By third party for judge participation |
J-1 |
| Charitable/civic organizations |
J-1, A/O 83 |
—Support
| Educational foundation activities |
A/O 83 |
| Sports event with judicial participants funded by lawyers |
JI-54 |
Spouses
See Personal Relationships
back to list
Statements of Position [Judges]
—Endorsement
| Endorsement of judicial candidate by judge |
JI-95 |
| 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 |
| Endorsement of pro-business or pro-union interests |
JI-52, JI-65 |
| Public statements by judge on behalf of judicial candidate |
A/O 13 |
—Judges
| Authoring publications |
JI-76, A/O 97 |
| Character reference from judge |
JI-41, A/O 67 |
| Divorce pamphlet for nonlawyers |
JI-76 |
| Editing political journal |
JI-99 |
| Newspaper column |
C-217 |
—Judicial Candidates
| Ballot proposals, judicial candidate stating opinion on |
C-219, C-222, C-237, JI-27 |
| Criticizing case decisions of incumbents |
C-227 |
| Criticizing incumbent judges |
C-219, JI-4, 69 MBJ 820 (Aug 1990) |
| Debates |
JI-27, 69 MBJ 820 (Aug 1990) |
| Discussing positions on political issues |
C-219, C-222, C-237, JI-27 |
| Misleading ad placing decision-making blame on incumbent judges |
JI-4 |
| Opinions on ballot proposals |
C-219, C-222, C-237, JI-27 |
| Partisan political activity |
JI-10, JI-30, Matter of Bennett, 403 Mich 178 (1978) |
| Pledges of performance in office |
C-219, JI-4 |
| Public debates |
JI-27 |
| Slogans |
A/O 104 |
| Statements on philosophy |
C-219, C-222, C-227, JI-27 |
| Surveys |
C-222, C-237, JI-82, 69 MBJ 820 (Aug 1990) |
—Public Issues
| AIDS awareness ribbon worn on judicial robes |
JI-68 |
| Ballot proposals |
C-237, A/O 14 |
| Eliminating adult education |
JI-108 |
| Millage campaign participation |
JI-46 |
| Scholarship to seminar for women leaders |
JI-75 |
| Surveys |
C-222, C-237, JI-82, 69 MBJ 820 (Aug 1990) |
| Union resolution concerning plant closings, endorsed by judicial officers |
JI-52 |
—Sentencing Practices
| Sentencing practices favoring certain charities |
JI-48, JI-55, JI-64 |
Statutes of Limitation
| Effect on duty to file |
R-9 |
| Running before investigation complete |
R-9 |
Subpoena
See Discovery
back to list
"Substantially Related" Representation
See Conflicts of Interest
See Former Client
back to list
Supervisory Duties
State Bar Membership Services offers a compilation of materials on this subject.
See also Employees
See also Legal Assistant
See also Nonlawyers
back to list
| Allowing magistrate to exceed authority |
In re Somers, 384 Mich 320 (1971) |
| Attorney license, duty to verify |
JI-26, 71 MBJ 1061 (Oct 1992) |
| Campaign workers |
JI-17 |
| Conflict screening |
R-4 |
| Confidentiality |
R-4, RI-43, RI-123 |
| Court officials verifying attorney licenses |
JI-26 |
| Criminal matters |
In re Somers, 384 Mich 320 (1971) |
| Disciplined lawyers as employees |
71 MBJ 1188 (Nov 1992) |
| Failure to confirm facts of employee's interview with client |
RI-128 |
| Failure to review documents drafted by employees |
RI-128 |
| Intake information obtained by nonlawyer employee |
RI-123, RI-128 |
| Law firm "leasing" lawyer employees |
RI-310 |
| Law graduates as employees |
71 MBJ 1061 (Oct 1992) |
| Lawyer as court employee handling juvenile matters |
JI-50 |
| Lawyer named as deed preparer |
RI-298 |
| "Leased" lawyers working for law firm |
RI-310 |
| Legal assistant acting as intermediary between lawyer and client |
RI-128 |
| Legal assistant handling administrative agency matter |
RI-125 |
| Nonlawyer employees |
R-1, RI-107, RI-125, RI-128 |
| Nonlawyer intermediary to client prohibited |
74 MBJ 438 (May 1995) |
| Partner's liability for lawyer employee's ethics |
In the Matter of Crane, 400 Mich 484 (1977) |
| Preventing unauthorized practice of law |
JI-26 |
| Record retention plan |
R-5 |
| Signatories on trust account |
RI-107 |
| Subordinate lawyers |
RI-149 |
| Temporary lawyers working for law firm |
RI-310 |
| Trust account handling |
R-7, RI-92, RI-107 |
| Verifying attorney licenses |
JI-26, 71 MBJ 1061 (Oct 1992) |
Suspension
See Discipline
See Misconduct
back to list
Taxation Matters
| Audit where former client will testify adversely |
RI-138 |
| Consulting arrangement with nonlawyer tax appeals expert |
RI-104 |
| Failure to file income tax |
Grievance Adm'r v. Hatchett, 440 Mich 1210 (1992) |
| Fraud by parties before judge, reporting duty |
A/O 89 |
| Judge prohibited from preparing tax returns |
A/O 5 |
| Nonlawyer consultant for property tax appeals associating with firm |
RI-104 |
| Reporting cash transactions over $10,000 to IRS |
RI-54 |
| Reporting fraud |
A/O 89 |
Termination of Law Practice
See also Winding Up Law Practice
back to list
| "Assignment" of law practice in anticipation of judgeship |
JI-89 |
| Judge's name used by successor firm |
JI-89 |
| Recommending successor counsel |
JI-89, RI-100 |
| Record retention |
RI-100 |
| Retirement |
RI-100 |
| Safekeeping client property |
RI-100 |
| Successful judicial candidate |
J-2, JI-89 |
| New judge selling practice |
JI-118 |
Termination of Lawyer-Client Relationship
See also Decision-Making Authority of Client
See also Discharge of Lawyer by Client
See also Disqualification
See also Withdrawal
back to list
| Agreement for withdrawal when future conflict arises |
RI-183 |
| Charging fees for withdrawal |
RI-296 |
| Choice of counsel when lawyer changes firms |
RI-86, RI-245 |
| Cross-examination of client in unrelated matter |
RI-239 |
| Discretion of tribunal |
RI-86, RI-98 |
| No duty to counsel former client after termination |
RI-202 |
| Timeliness of withdrawal when conflict discovered |
RI-139 |
| Withdrawal from remaining clients when discharged by some in multiple representation |
RI-98 |
| Withdrawal when settlement reached without presence of counsel |
RI-145 |
Testimony
See also Discovery
See also Trial Practice
See also Witnesses
back to list
| By lawyer advocate |
RI-226, RI-264 |
| Client testimony |
RI-13, RI-33, RI-148, RI-272, RI-273 |
| Client perjury, duty to reveal |
RI-148, RI-273 |
| "Contested facts" from lawyer witness |
RI-226, RI-233 |
| Counseling client to avoid perjury |
RI-148 |
| County attorney testifying as to incident when another county attorney is advocate |
RI-96 |
| Cross-examination of client for unrelated matter |
RI-218, RI-239 |
| Deposition of judicial officer |
JI-57 |
| Disclosing client perjury |
RI-148, RI-273 |
| Employee of lawyer testifying in will contest |
RI-21 |
| Former client testifying adverse to current client |
RI-138 |
| Inaccurate, truthful testimony of client |
RI-272 |
| Inconsistent testimony of client |
RI-13, RI-33 |
| Judge as witness |
JI-57, A/O 99 |
| Lawyer/director testifying for corporate client |
RI-136 |
| Lawyer testifying on privileged matters |
69 MBJ 551 (Jun 1990) |
| Lawyer testifying regarding fees; disqualification of firm |
RI-299 |
| Lawyer's furtherance of client's untruthful testimony |
RI-273 |
| Materiality of client's untruthful testimony |
RI-273 |
| Member of organization where judge sits on board |
JI-66 |
| Multiple clients testifying on opposing sides |
RI-138 |
| "Necessary" lawyer witness |
RI-226, RI-233 |
| Parole officer of judge testifying as police officer |
JI-61 |
| Perjury, duty to reveal |
RI-148 |
| Spouse's employer testifying before judge |
JI-62 |
| Subpoena to nonparty |
74 MBJ 564 (Jun 1995) |
| Tailoring testimony in exchange for compensation |
RI-138 |
| Witness from opponent's firm |
RI-233 |
Threats
| CEO’s threats to destroy documents triggers duty to communicate |
RI-345 |
| Criminal prosecution |
RI-78 |
| Grievance |
RI-88, RI-220 |
| Opposing counsel threats to call lawyer as witness |
RI-297 |
Trade Name
See also Advertising
See also Firm Name
back to list
| Advertising by |
RI-16, RI-221 |
| Franchise arrangement |
RI-130 |
| Inferring more than one lawyer is misleading |
RI-221 |
| Name of lawyer in advertisement |
C-231, RI-221 |
Trial Practice
See also Class Actions
See also Discovery
See also Testimony
See also Witnesses
back to list
| Application of Michigan ethics rules in multistate matter |
RI-122 |
| Assault and battery between spouses on contingent fee |
RI-181 |
| Consolidation of conflicting cases on appeal |
RI-108 |
| Cross-examination of client for unrelated matter |
RI-218, RI-239 |
| Disclosing client's fraudulent acts to successor counsel at retrial |
RI-209 |
| Disqualification motions as tactics |
RI-287 |
| Division of fee with out-of-state lawyer |
RI-122 |
| Evidence tampered, duty to disclose |
RI-56 |
| Filing deadlines repeatedly missed, duty to report lawyer |
RI-149 |
| Judicial officer as witness |
JI-57 |
| Lawyer-witness |
RI-21, RI-226 |
| Multiple representation, discharge by some clients |
RI-98 |
| Off the record contact with presiding judge |
RI-243 |
| Out of state lawyers providing legal assistance concerning Michigan laws |
70 MBJ 1318 (Dec 1991), 70 MBJ 1074 (Oct 1991), 71 MBJ 687 (Jul 1992) |
| Perjury, duty to disclose |
RI-148 |
| Pretrial services information copied to presiding judge |
RI-243 |
| Prosecutor's appearance as public official in pro bono case |
RI-283 |
| Pursuing claim of minor child when parent wishes to drop suit |
RI-140 |
| Rejecting court appointment to represent client |
C-210 |
| Sanctions |
73 MBJ 1085 (Oct 1994) |
| Subpoena to nonparty |
74 MBJ 564 (Jun 1995) |
| Substitute counsel when lawyer is witness |
RI-281 |
| Supervisory lawyer duties |
RI-149 |
| Withdrawal after discharge |
74 MBJ 822 (Aug 1995) |
| Withdrawal required when impermissible conflict discovered |
RI-139 |
| Witness from opponent's firm |
RI-233 |
Trust Accounts
See A Discussion of Trust Accounts for Michigan Attorneys
See TAON: A Positive Opportunity to Protect Client Funds, 89 MBJ 16 (Jun 2010)
—Deposit
| Accepting credit card payments for advance legal fees |
RI-344 |
| Advances of costs and expenses |
R-7, R-21 |
| Application of trust account overdraft notification rule |
R-21 |
| Commingling law firm and client funds |
R-7, R-21 |
| Disciplinary sanctions |
R-7, In the Matter of Haynes, 406 Mich 634 (1979) |
| Duty to promptly deposit checks in lawyer's possession |
RI-92 |
| Funds of ancillary services of law firm |
RI-187 |
| Handling earned fees |
R-21 |
| Nonrefundable retainer |
RI-69 |
| Notice of receipt |
R-7, R-21 |
| Obligation to determine whether to deposit in IOLTA or non-IOLTA account |
R-21 |
| Outside business funds |
R-7 |
| Outside firm working with prosecutors office |
RI-329 |
| Personal use of trust account prohibited |
R-7, R-21 |
| Prosecutor using outside firm to collect restitution |
RI-329 |
| Restitution collection by prosecutor |
RI-329 |
| Retainer |
R-7 |
| Safekeeping property |
R-7, RI-92 |
| Selecting financial institution |
RI-186, R-21 |
| Supervisory responsibility |
R-7, RI-92 |
—Disbursement
| Advancing from operating account to avoid trust account |
RI-189 |
| Apportioning trust account interest |
RI-64 |
| Calculation of trust account interest |
RI-64 |
| Contested referral fee |
RI-224 |
| Disbursement |
R-7, RI-61, In the Matter of Haynes, 406 Mich 634 (1979) |
| Disbursement client has not cashed |
RI-222 |
| Disciplinary sanctions |
R-7, In the Matter of Haynes, 406 Mich 634 (1979) |
| "Earned" fees |
R-7, R-21 |
| Misappropriation |
R-7 |
| Missing clients |
RI-38, RI-58, RI-67 |
| Notice to client of disbursement |
R-7 |
| Notice to referring lawyer of disbursement |
RI-224 |
| Payment of fees after performance |
R-7 |
| Periodic billings |
R-7 |
| Supervisory responsibility |
R-7, RI-92 |
—Disputes
| Accounting to client |
R-7 |
| Accounting to referring lawyer |
RI-224 |
| Contested referral fee |
RI-224 |
| Duty to explain fund use to client |
In the Matter of Silverman, 408 Mich 100 (1980) |
| Duty to third parties |
R-7 |
| Fiduciary duties |
R-7 |
| Third party claim, improper payment |
In the Matter of Haynes, 406 Mich 634 (1979) |
—Establishing
| Applicable rules when practicing in more than one state |
RI-70 |
| Bond posting |
RI-65 |
| Circumvention of rule |
RI-93, RI-189 |
| Depositing lawyer funds into IOLTA account |
|
| Dues affidavit required |
73 MBJ 952 (Sep 1994) |
| Duty to establish |
R-7, RI-93, 73 MBJ 952 (Sep 1994) |
| Fiduciary duties |
R-7 |
| Insured by federal government |
RI-71 |
| Interest-bearing account required |
R-7, 73 MBJ 952 (Sep 1994) |
| IOLTA, multistate practice |
RI-70 |
| IOLTA or non-IOLTA account |
R-21 |
| Multistate practice |
RI-70 |
| Pooled IOLTA account |
R-7, RI-107, 73 MBJ 952 (Sep 1994) |
| Requirement to have |
R-7, RI-189, 73 MBJ 952 (Sep 1994) |
| Selecting financial institution |
RI-186, 73 MBJ 952 (Sep 1994) |
| Signatories for |
R-7, RI-107 |
—Recordkeeping
| Accounting to client |
R-7, RI-189 |
| Calculation of trust account interest |
RI-64 |
| Disciplinary sanctions |
R-7, In the Matter of Haynes, 406 Mich 634 (1979) |
| Duty to reconcile bank statements |
R-7 |
| Duty to supervise account handlers |
R-7 |
| Funds never coming into lawyer's possession |
RI-93 |
| Interest subaccounting |
R-7 |
| Periodic billings |
R-7 |
| Pooled IOLTA account |
R-7, RI-107 |
| Recordkeeping guidelines |
R-7 |
Trusts
See Probate and Estate Practice
back to list
Unauthorized Practice of Law
—Adjudicator's Duties
| Administrative court procedures to prevent |
JI-26 |
| Administrative hearing officer's duties regarding |
C-239 |
| Contempt remedies |
JI-26 |
| Duty to supervise judicial staff |
JI-26 |
| Judge's duties to prevent |
JI-26, 69 MBJ 821 (Aug 1990) |
| Private cause of action |
72 MBJ 930 (Sep 1993) |
| Remedies |
JI-26 |
| Verification of law licenses |
JI-26 |
—Lawyer Duties
| Collections |
Bay County Bar Ass'n v. Finance System, Inc., 345 Mich 434 (1956) |
| Corporate counsel, licensed in another state but based in Michigan |
71 MBJ 555 (June 1992) |
| Duty to prevent |
C-239, JI-26, RI-349 |
| Duty to report |
JI-26, RI-10 |
| Employee supervision |
R-1, RI-103, RI-125, RI-128, RI-191, RI-349 |
| Graduates not yet licensed |
71 MBJ 1061 (Oct 1992) |
| Inside counsel, licensed in another state but based in Michigan |
71 MBJ 555 (June 1992) |
| Lawyer listed on deed as preparer |
RI-298 |
| Lawyer overseeing deed preparation |
RI-298 |
| Lawyers from other states |
MRPC 5.5 |
| Nonpayment of dues, ineffective assistance of counsel |
People v. Pubrat, 451 Mich 589 (1996) |
| Out-of-state lawyers providing legal assistance concerning Michigan laws |
MRPC 5.5 |
| Pro hac vice admission for a particular matter |
MCR 8.126 |
| Supervision of employees |
R-1, RI-103, RI-125, RI-128, RI-191, RI-349, 71 MBJ 1188 (Nov 1992) |
| Title offices preparing deeds |
RI-298 |
| Unlicensed law graduates |
71 MBJ 1061 (Oct 1992) |
| Verification of law licenses |
JI-26 |
—Nonlawyers
| Administrative agency practice |
C-239, RI-55, 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) |
| Appearances in court by nonlawyer representatives |
C-239, 70 MBJ 442 (May 1991) |
| Bankruptcy |
Ginger v. Cohn, 426 F2d 1385 (1970) |
| Collections |
Bay County Bar Ass'n v. Finance System, Inc., 345 Mich 434 (1956) |
| Communicating on behalf of party |
RI-101, RI-349 |
| Consequences of |
69 MBJ 821 (Aug 1990) |
| Contempt remedies |
JI-26 |
| Corporate officers representing corporation |
69 MBJ 1007 (Oct 1990), Peters Prod., Inc. v. Desnick Broad. Co. , 171 Mich App 283 (1988) |
| Court appearances by nonlawyers |
C-239, 70 MBJ 442 (May 1991) |
| Court personnel assisting parties |
A/O 92 |
| Deposition participation |
RI-101 |
| Determining when legal services are needed |
RI-186 |
| Disciplined lawyers, scope of permitted activity |
68 MBJ 1108 (Nov 1989), 71 MBJ 1188 (Nov 1992) |
| Divorce "kit" services |
68 MBJ 469 (June 1989), State Bar v. Cramer, 399 Mich 116 (1976) |
| Document preparation |
RI-186, RI-349, 70 MBJ 577 (June 1991) |
| Fees for unlicensed work |
Birbrower, Montalbano, Condon & Frank v. Superior Court, 12 Law Man 341 (1996) |
| Graduates not yet licensed |
71 MBJ 1061 (Oct 1992) |
| Intermediary for trust kit sales |
RI-325, 79 MBJ 522 (May 2000) |
| Landlord & tenant cases |
78 MBJ 964 (Sep 1999) |
| Nonlawyers preparing legal documents |
RI-191, RI-349, 70 MBJ 577 (June 1991) |
| Nonlawyers appearing in court on behalf of others |
70 MBJ 442 (May 1991) |
| Outside presence of court |
JI-26 |
| Patent agents, association with |
RI-144 |
| 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) |
| Self-help legal services |
70 MBJ 577 (June 1991) |
| Title insurance companies |
71 MBJ 428 (May 1992), 70 MBJ 1198 (Nov 1991) |
| Trust kit salespeople |
RI-325, 79 MBJ 522 (May 2000) |
| Trust services by nonlawyers |
RI-191, 71 MBJ 212 (Feb 1992), Detroit Bar Ass'n v. Union Guardian Trust Co., 282 Mich 707 (1938), 78 MBJ 844 (Aug 1999) |
| Will services by nonlawyer |
Grand Rapids Bar Ass'n v. Denkema, 290 Mich 56 (1939), Detroit Bar Ass'n v. Union Guardian Trust Co., 282 Mich 707 (1938) |
Winding Up Law Practice
See also Discharge of Lawyer by Client
See also Termination of Lawyer-Client Relationship
See also Withdrawal
back to list
| Client's choice of counsel |
JI-89 |
| Closing a law office |
71 MBJ 1056 (Oct 1992) |
| Death or disability of lawyer |
78 MBJ 1158 (Oct 1999) |
| Divestiture of outside activities by new judge |
75 MBJ 1071 (Oct 1996) |
| Duty when becoming a judge |
J-2, JI-89, A/O 3, 75 MBJ 1071 (Oct 1996), In the Matter of Ryman, 394 Mich 637 (1975) |
| Fees for legal work prior to judgeship |
A/O 48 |
| File disposition |
RI-100 |
| Library sharing |
JI-89 |
| Successful judicial candidate |
J-2, JI-89 |
| New judge selling practice |
JI-118 |
Withdrawal
See also Discharge of Lawyer by Client
See also Termination of Lawyer-Client Relationship
See also Winding Up Law Practice
back to list
| Advance agreement to withdrawal in event of future conflict |
RI-183 |
| Charging fees for withdrawal |
RI-296 |
| Client files grievance |
RI-84 |
| Conflict of interest with current client |
RI-139 |
| Consolidation of conflicting cases on appeal |
RI-108 |
| Continued representation despite good cause for withdrawal |
RI-98 |
| Court appointed client |
C-210 |
| Discharge |
74 MBJ 822 (Aug 1995) |
| Discretion of tribunal |
RI-98 |
| Discovery of impermissible conflict |
RI-139 |
| Dispute among clients on acceptance of mediation award |
RI-134 |
| Fixed fees |
RI-69 |
| Grievance filed by current client |
RI-84, 70 MBJ 698 (Jul 1991) |
| Medical provider creditor in billing dispute with client inhibits settlement |
RI-215 |
| Multiple clients with opposing interests |
RI-89, RI-108, RI-111 |
| Multiple clients, withdrawal from all clients when conflict arises |
RI-89, RI-98, RI-108, RI-111, RI-134, RI-138 |
| Next friend, when sued by ward |
RI-170 |
| Nonrefundable retainers |
RI-10 |
| Payment of costs as condition of withdrawal |
RI-203 |
| Refusal to sign settlement reached between parties |
RI-145 |
| Representing client against spouse of former client, conflict |
RI-161 |
| Request of client |
RI-51 |
| Screening does not cure conflict with current client |
RI-139 |
| Stipulation when client does not pay fee |
RI-20 |
| Timing of withdrawal when conflict discovered |
RI-139 |
Witnesses
See also Adverse Parties
See also Contact with Unrepresented Persons
See also Testimony
back to list
—Clients
| Cross-examination of client for unrelated matter |
RI-218, RI-239 |
| Perjured testimony of client |
RI-148 |
| Representing client who was witness in former client's proceeding |
RI-41 |
—Conflicts
| Client's financial arrangement with witness |
RI-117 |
| Compensation for testimony |
RI-117 |
| County attorney advising sheriff, testifying as to incident when another county attorney is advocate |
RI-96 |
| Cross-examination of client for unrelated matter |
RI-218, RI-239 |
| Employee of lawyer testifying in will contest |
RI-21 |
| Insurance adjuster, bias from prosecutor because of spouse's insurance claim |
RI-280 |
| Lawyer as member of client board |
RI-136 |
| Member of organization on which judge sits |
JI-66 |
| Perjured testimony of client |
RI-148 |
| Police officers as adverse witnesses, supervisory control over |
R-15 |
| Police officers as adverse witnesses, counsel for union |
C-215 |
| Payment for testimony |
RI-3, RI-117 |
| Private arrangement for compensation |
RI-117 |
| Prosecutor's employee as witness in criminal case |
RI-233 |
| Probation officer testifying as police officer |
JI-61 |
| Representing bargaining unit in salary negotiations when members are adverse witnesses in unrelated case |
C-215 |
| Representing client who was witness in former client's proceeding |
RI-41 |
| Sheriff testifying before judge with shared business interest |
JI-86 |
| Spouse's employer testifying before judge |
JI-62 |
| Tailoring testimony in exchange for compensation |
RI-138 |
—Contacting
| Clerical employees of potential party |
RI-44 |
| Former corporate employees |
R-2, RI-42, RI-120, RI-360 |
| Investigating validity of claim |
RI-44 |
| Nonmanagerial corporate employees |
R-2 |
| Organizational employees |
R-2, RI-39, RI-44 |
| Subpoena to nonparty |
74 MBJ 564 (Jun 1995) |
—Employees and Colleagues
| Employee of lawyer testifying in will contest |
RI-21 |
| Lawyer as member of client board |
RI-136 |
| Police officers as adverse witnesses, supervisory control over |
R-15 |
| Member of prosecutor's office called in criminal case |
RI-233 |
-Experts
| Lawyer-witness adverse to firm client |
RI-21 |
| Medical expert paid on percentage basis |
C-240 |
—Judicial Officers
| Character reference for criminal defendant |
JI-41 |
| Disqualification when judicial colleague is witness |
JI-57 |
| Present in courtroom as moral support for party |
JI-15 |
| Propriety of calling incumbent judge as witness before colleague |
JI-57 |
| Privileged information concerning former client |
JI-32 |
| Subpoena for client information |
JI-32 |
| Subpoena for judicial witness |
JI-57 |
| Testimony from judge |
JI-57, A/O 99 |
—Lawyers
| Adverse to firm's client |
RI-21 |
| Advocate at alternate dispute resolution proceeding |
RI-264 |
| Advocate at trial |
RI-226, RI-281 |
| Agreement for substitute counsel if lawyer is witness |
RI-281 |
| Complaining witness in criminal case contacted by defense attorney |
RI-302 |
| Consistent with interests of client |
RI-136 |
| Compensation for testimony |
RI-3, RI-211 |
| County attorney testifying regarding conduct of sheriff's office when another county attorney serves as advocate |
RI-96 |
| Defense attorney contacting complaining witness |
RI-302 |
| Discharge suit where lawyer served on board of defendant organization |
RI-136 |
| Disqualification of advocate |
68 MBJ 118 (Feb 1989) |
| Disqualification of firm |
RI-21, RI-87 |
| Fee charged for lawyer to submit to deposition |
RI-3 |
| Lawyer as member of client board |
RI-136 |
| Lawyer threatened to be called as witness |
RI-297 |
| "Necessary" testimony by advocate |
RI-226 |
| Post-nuptial agreement dispute, lawyer as witness |
RI-281 |
| Pretrial participation when lawyer is witness |
RI-226, RI-281 |
| Privileged information |
69 MBJ 551 (Jun 1990) |
| Prosecutor as advisory deputy sheriff |
RI-96 |
| Prosecutor as character witness in criminal case |
RI-233 |
| Prosecutor not allowing complaining witness to talk with defense attorney |
RI-302 |
| Referral fee when lawyer is witness |
RI-211 |
| Referring lawyer is witness for client |
RI-211 |
| Substitute counsel when lawyer is witness |
RI-291 |
| Testifying regarding fees; disqualification of firm |
RI-299 |
| Will contest where lawyer drafted will |
RI-26, RI-87 |
—Relatives
| Guardian ad litem related to employee of youth home |
RI-250 |
| Guardian ad litem related to prosecutor's investigator |
RI-250 |
| Judge present in courtroom as moral support for party relative |
JI-15 |
| Spouse's employer testifying before judge |
JI-62 |
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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