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Ethics Rules, Opinions, and Resources

Tips and Tools for a Successful Practice Seminar—New Date

    Date/Time: Tuesday, November 17, 2009
    Register before November 10, no walk-in registrations accepted.

    The State Bar of Michigan will present this bi-annual, one-day seminar designed to assist lawyers in managing and strengthening their legal practices. This year’s seminar features presentations on how to maintain mutually beneficial client relationships, draft effective fee agreements, manage trust and business accounts, use innovative techniques and technology for law office management, and analyze ethical issues. Participants will receive a course book containing seminar materials prepared by presenters representing the public and private sector.

Pro Hac Vice Rule for Out-of-State Lawyers Effective Sept. 1, 2008

    Out-of-state lawyers seeking to enter an appearance in a Michigan case or proceeding must comply with Michigan’s pro hac vice rule, which provides for an out-of-state lawyer’s appearance in a maximum of five Michigan cases in a 365-day period, upon the motion of a Michigan attorney supported by an affidavit. The Michigan attorney must file the motion and affidavit in the court or administrative tribunal or agency where admission is sought and submit a copy of both to the Attorney Grievance Commission (AGC) by mailing them to Dina P. Dajani, Attorney Grievance Commission, Marquette Building, 243 W. Congress, Ste. 256, Detroit, MI, 48226. The AGC must within seven days notify the tribunal of whether the out-of-state lawyer has sought temporary admission in the past 365 days and, if so, how many times. For the privilege of practicing in Michigan, the out-of-state lawyer must pay once annually a fee of $135.00, regardless of the number of appearances. That fee is made payable to the State Bar of Michigan, 306 Townsend St., Lansing, MI 48933-2012, and should be sent to the attention of the Finance Department, with a notation that it is a pro hac vice fee being paid on behalf of [the name of the lawyer]. Please include the firm name and address of the out-of-state attorney. Every lawyer admitted pursuant to this rule subjects himself or herself to the jurisdiction of Michigan’s attorney disciplinary system.
    View the Court Rule PDF

    For questions regarding the filing and disposition of the original motion and affidavit, consult with the clerk of the court where the motion and affidavit will be filed.

    For additional questions about submitting the motion and affidavit to the Attorney Grievance Commission, contact Dina P. Dajani at the Attorney Grievance Commission by calling (313) 961-6585 or e-mailing her at dpdajani@agcmi.com.

    For additional questions about how and where to file the fee, contact Carol Peterson at the State Bar of Michigan by calling (517) 346-6377 or e-mailing her at cpeterson@mail.michbar.org.

Ethics Opinions

  • Formal opinion R-14 has been replaced with the new R-20, as a result of a vote taken by the Board of Commissioners on July 25, 2008. The new opinion clarifies a lawyer's obligations when, while representing a judge in another matter, the lawyer appears before that judge representing another client.
  • New opinion RI-345 discusses a lawyer’s obligation when the CEO of a corporate client threatens to destroy documents the subject of a discovery order.
  • 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.

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

    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.

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

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