Ethics Opinion Topic Index

Bankruptcy

Adversary proceedings as part of representation
Client fraud or illegal act
Contract ambiguous about scope of representation
False information in court filings
Specialty designation

Bias

AIDS awareness ribbon worn on judicial robes
Bias against party no remittable
Burden to prove bias on party moving to disqualify
  •  Michigan Ass'N of Policy v. City of Pontiac,
  •  177 Mich App 752 (1989),
Campaign opponent appearing before judge
Disqualification motions
  •  75 MBJ 934 (Sep 1996),
Endorsement of pro-union or pro-business interests
Financial interest between presiding judge and advocate
Gender bias not present in judge accepting scholarship to seminar to develop women leaders
Judge as police commissioner
Judge dating advocate
Judge dating party appearing before judge
  •  Matter of Templin,
  •  432 Mich 1220 (1989),
Judge former prosecutor
  •  People v. Hampton,
  •  184 Mich App 434 (1990),
Judge's party opponent appearing as advocate in unrelated matter
Judge's personal lawyer appearing before judge as advocate in unrelated matter
Judge reviewing appeals from lower court handling Judge's personal case
Judge's spouse as assistant prosecutor
Motions for disqualification
  •  75 MBJ 934 (Sep 1996),
Part-time magistrate—practice of law
Part-time magistrate serving as referee
Personal acquaintance insufficient for judicial disqualification
Sentences, Judge's disapproval of mandatory life sentence
  •  People v. HoUSton,
  •  179 Mich App 753 (1989),

Boards

Business Interests

Advancing business interests of others
Court appointments of lawyer/tenants of judge
  •  A/O 40,
Bank director
Book authorship
Closing law practice
Computer program of legal forms
Continuing relationship with Judge's former law firm
Co-ownership of real estate with magistrate and sheriff
Corporate officer services prohibited
Director of business
Disclosure of Judge's financial interest
Disqualification, duty to minimize instances of
Divestiture
Divorce forms for use by nonlawyers
Financial interest with advocate, disqualification
Financial interest with advocate, duty to disclose
Financial interest with lower court judge
Financial interest with witness
Franchise investments by judge
  •  A/O 48,
Golf course board
Host of cable television show
Irrevocable trust to avoid divestiture
  •  A/O 26,
Lawsuit based on business interests
Lawyer purchasing law practice
Liquor licenses
  •  A/O 26,
  •  Matter of Lawrence,
  •  417 Mich 248 (1983),
Part-time judge business participation
Real estate relationship with lawyers
Referrals to hospital of which judge is board member
  •  A/O 59,
Retired judge business participation
Spouse of judge leasing space to lawyer
Track steward
Accepting referral from investment firm
Accepting referral from trust kit salesperson
Alternate dispute resolution services
Business transaction with client
  •  RI-197,
  •  Matter of Temrowski,
  •  409 Mich 262 (1980) Reh Den 409 Mich 1102 (1980),
Consulting arrangement with nonlawyer tax appeals expert
Financial services
Foreclosure of client property to collect fee
Insurance business
Lawyer for school employee union serving as faculty at school
Loan to client to start business
Mortgage on client property to secure fee
Partnership or shareholder with disciplined lawyer
Purchasing client property at foreclosure to collect fee
Referral fee from investment firm
Referring law clients to lawyer's nonlaw business
Referring nonlaw business customers to law firm
Representing customer of own nonlaw business
Rent calculated as percentage of gross income
Reviewing land title issued by own company
Security interest in firm's accounts receivable
Tenants of judge subleasing to lawyer
Tenants of Judge's spouse
Title insurance company owned by lawyer referring clients
Security interest in trust res to secure fees
Trust kit sales
Using door-to-door salespeople as agents

Business Representation

Commission from real estate broker for referring customers
Documenting sale between two clients
Investment fraud, identifying injured persons
Lawyer representing organization has duty to communicate about acts or intentions
Seminar to identify similar claimants