New Ethics Opinions

• Representation of an insured on a fixed fee basis paid by the insurance company is not unethical, so long as the arrangement does not adversely affect the lawyer’s independent professional judgment and the lawyer represents the insured with competence and diligence. Although there is nothing in the Rules that would require disclosure to an insured of the basis of the fee to be paid by the insurer to the lawyer, the lawyer may not agree with the insurer that it will not disclose to the insured information about the fee arrangements. See new opinion RI-343.
  
• New opinion RI-344 provides guidance about the ethical use of credit cards for the payment of advance fees.

Important Decision Regarding Non-refundable Retainers

A recent Attorney Discipline Board opinion addressed problems that arise when the term "nonrefundable retainer" is used in a fee agreement. The ADB held that a client’s agreement that a fee is a “minimum fee” and “not refundable” does not override the duty to refund unearned fees paid in advance for work to be performed in the future. This case remains on appeal.

• View the Attorney Discipline Board opinion PDF

The Practice Management Resource Center has retainer agreement forms that comport with the new opinion.

• Visit the PMRC website to view retainer agreement forms: click Client Relations, Client Intake, and then Forms.
  

State Bar of Michigan Ethics Opinion Online Service

The State Bar of Michigan is pleased to provide this service to our membership to assist Michigan lawyers in researching ethics inquiries free of charge. This service provides the full index to Michigan ethics opinions, both professional and judicial, with links to all ethics opinions released since October 1988.

Michigan Ethics Opinions

• Quick Find by opinion number
• Search full text of ethics opinion collection
• Ethics Opinions online index (10/88 to 6/07)
• Tables of Opinions
  • Opinions interpreting MCJC (Michigan Code of Judicial Conduct)
  • Opinions interpreting MRPC (Michigan Rules of Professional Conduct)
• How to request a written Ethics Opinion

Ethics Helpline

Members may contact the SBM Attorney Ethics Helpline at (877) 558-4760 or the Judges Ethics Helpline at (877) 558-4761 to receive an informal, advisory opinion from a staff attorney regarding an ethics issue pertaining to the inquirer’s prospective conduct. These numbers are reserved for lawyers and judges only. Staff will not advise on past conduct of the inquirer, the conduct of another attorney or judge, on questions of law, or hypotheticals. The opinions of staff counsel are non-binding and advisory only.

Ethics Rules

• Michigan Rules of Professional Conduct 316K PDF
  • Proposed Rules of Professional Conduct from the Michigan Supreme Court
  • Redline Copy of the Proposed Rules of Professional Conduct PDF
• Michigan Code of Judicial Conduct 114K PDF

Ethics Articles

• A Matter of Trust: Improper Handling of Client Trust Accounts Can Result in Hefty Penalties for Attorneys by Molly F. Dilbeck
• Effective Attorney Advertising - Why It Will Make Your Life Better! PDF by Victoria Kremski
• Sudden Death or Disability: Is Your Practice – and Your Family – Ready for the Worst PDF by Catherine M. O’Connell
• Archived from the Michigan Bar Journal 1997-2002

Ethics Packages

• Fee Collection by Lien Quick-Reference Chart PDF
• Record Retention Kit
• Trust Account References
• Ethics and ADR (Alternate Dispute Resolution)
• Closing a Law Practice
• Role of Non-Lawyers in Law Practice guidelines for utilization of legal assistant
• Opinions concerning Unauthorized Practice of Law (UPL)

Ethics Resources

• Standing Committee on Ethics, Judicial and Professional website
• Bibliography of ethics resources

Mediation/Arbitration of Disputes

There is a mediation process available to Michigan lawyers and clients seeking to resolve any kind of attorney-client disputes. There is an arbitration process available to resolve attorney-client fee disputes. More Information

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.