Ethics opinions from the State Bar of Michigan Standing Committees on Professional and Judicial Ethics concerning a lawyer's duty to prevent and report unauthorized practice of law.

State Bar Ethics Opinions

The State Bar Committees on Professional and Judicial Ethics are authorized to provide written opinions on response to a request from a member of the State Bar concerning the member's own prospective conduct, or in response to a judicial officer concerning an ethics question arising in a proceeding pending before the judicial officer. The Committee is not authorized to provide opinions on past conduct or on questions of law.

Informal opinions are drafted by individual committee members and are circulated to the committee for comment before release to the inquirer; the opinions are denoted "RI" to indicate informal opinions interpreting the Michigan Rules of Professional Conduct, and "CI" to indicate informal opinions interpreting the former Michigan Code of Professional Responsibility. Formal opinions have interest or wide reaching implications for the entire bar, and are approved by the State Bar Board of Commissioners prior to release; the opinions are denoted "R" to indicate formal opinions interpreting the Michigan Rules of Professional Conduct, and "C" to indicate opinions interpreting the former Michigan Code of Professional Responsibility.

State Bar Ethics Opinions have no force and effect of law and may not be relied upon as an absolute defense to a charge of ethical misconduct.

Updated through August, 1997

Opinions

JI-26		Judicial Duties to Prevent Unauthorized Practice of Law
RI-55		Lawyer Appearing in Non-lawyer Capacity
RI-101		Duty to Report Participation in Deposition
RI-103		Employee Performing in Administrative Agency Representation
RI-128		Using Non-lawyer as Intermediary
RI-144		Firm Name Including Foreign-Licensed Lawyer
RI-191		Trust Services by Non-lawyers
RI-298		Title Office/UPL
C-211		Law Firm Hiring Disciplined Lawyer in Non-law Capacity
C-239		Duty to Report Appearance in Proceeding
CI-456		Inside Counsel Performing Services for Corporate Customers
CI-551		Judicial Duty to Deny Appearance
CI-602		Employment of Disciplined Lawyer
CI-683		Lay Intermediary
CI-689		Appearance by Non-lawyer Corporate Officer
CI-740		Inside Lawyer Performing Services for Customers
CI-807		Inside Lawyer Drafting Trusts

Additional References:

• Article, Disciplined Lawyers and the Unauthorized Practice of Law, Vol 68 No 11 MBJ 1108 (1989).
• Ethics Spotlight, Ethics and Legal Assistants, Vol 71 No 8 MBJ 826 (1992).
• Article, What is the Unauthorized Practice of Law and how is it Regulated?, Vol 76 No 6 MBJ 580 (997).

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.