Decision-Making Authority of Client
Accepting arbitration of attorney fees
|
RI-002,
RI-196,
|
|
Advance waiver of future conflicts of interest invalid
|
RI-183,
|
|
Advancing costs through venture capital company
|
RI-321,
|
|
Arrangement to refer clients to particular real estate broker
|
RI-145,
|
|
Choice of counsel when case transferred
|
JI-089,
|
|
Choice of counsel when lawyer changes firms
|
RI-086,
RI-245,
|
|
Consent to negotiating settlement without counsel present
|
RI-145,
|
|
Consent to representation by spouse of opposing counsel
|
R-003,
|
|
Consent to multiple representation
|
RI-098,
|
|
Consent to withdrawal in event of conflict
|
RI-183,
|
|
Costs advanced by venture capital company
|
RI-321,
|
|
Decision to seek legal representation after solicitation
|
RI-099,
|
|
Disabled client
|
RI-076,
RI-213,
|
|
Discharge of lawyer
|
RI-086,
RI-098,
|
|
Distribution of estate assets
|
R-010,
RI-085,
RI-350,
|
|
Fees paid by third party
|
RI-293,
|
|
Fiduciary as client
|
R-010,
RI-350,
|
|
Guardian serving as lawyer for ward
|
RI-213,
|
|
Independent counsel on arbitration of fees
|
RI-002,
RI-196,
|
|
Independent judgment—fees paid by third party
|
RI-293,
|
|
Insurance representation
|
RI-089,
|
|
Minor child as client
|
RI-140,
|
|
Multiple clients, consent to representation
|
RI-098,
|
|
Naming lawyer as personal representative in will
|
RI-291,
|
|
Parent's role when lawyer represents minor child
|
RI-140,
|
|
Personal representative exercising fiduciary duties
|
R-010,
RI-085,
|
|
Real estate referrals
|
RI-146,
|
|
Settlement offers
|
RI-076,
|
|
Trust kit—use of intermediary with client
|
RI-325,
|
|
Using intermediary to meet with clients
|
RI-325,
|
|
Wrongful death case proceeds distribution
|
R-010,
|
|
|
Depositions
|
Disability
Attorney duties toward
|
RI-213,
|
|
Compensation when filing protective order against client
|
RI-076,
|
|
Conservator duties toward
|
RI-213,
RI-304,
RI-342,
|
|
Decisions about representation
|
RI-051,
RI-176,
|
|
Decisions about settlement
|
RI-076,
|
|
Discharge of lawyer
|
RI-051,
|
|
Disclosing medical file to client
|
RI-063,
|
|
Dual capacity of guardian and lawyer for ward
|
RI-213,
|
|
Duties of lawyer toward
|
69 MBJ 943 (Sep 1990),
|
|
Guardian duties toward
|
RI-213,
RI-227,
|
|
Independent corroboration of condition
|
RI-051,
|
|
Minor child as client
|
RI-140,
|
|
Petition for guardianship
|
RI-176,
|
|
Representing ward and conservator
|
RI-176,
RI-304,
RI-342,
|
|
Scope of representation
|
RI-213,
|
|
Seeking protective order for
|
RI-076,
|
|
Physical problem, unable to perform judicial duties
|
Matter of Lawrence,
417 Mich 248 (1983),
|
|
Confidentiality
|
69 MBJ 943 (Sep 1990),
|
|
Receiver
|
69 MBJ 241 (Mar 1990),
|
|
Notices
|
69 MBJ 241 (Mar 1990),
|
|
|
Discharge of Lawyer by Client
Charging fees for withdrawal
|
RI-296,
|
|
|
Discretion of client
|
RI-051,
|
|
Effect on duty to rectify client perjury
|
RI-013,
|
|
Frivolous or tactical discharge by client
|
RI-051,
|
|
Grievance filed by current client
|
RI-084,
70 MBJ 698 (Jul 1991),
|
|
Lawyer changing firms
|
RI-086,
RI-245,
|
|
Motion for withdrawal
|
RI-051,
|
|
Multiple clients, discharged from representing some
|
RI-098,
|
|
Parent's attempt to discharge lawyer for minor child
|
RI-140,
|
|
Restriction on client's right to discharge
|
RI-086,
RI-245,
|
|
For-profit matching services
|
|
|
|
Discipline Proceedings
Abstention, federal
|
Fieger v. Thomas,
74 F3d 740 (Ca6 1996),
Dunchock v. Higle,
US Dis Ct Edmi,
1996 US Dist Lexis 6631 (Edmi Unpublished 4/22/1996),
Macdonald v. Gaskin,
US Dist Ct Edmi,
Hodari v. Michigan Attorney Grievance Comm'n,
|
|
Absence of one panel member during portion of testimony
|
State Bar Grievance Adm'R v. Roth,
400 Mich 484 (1977),
Grievance Adm'R v. Grubbs,
396 Mich 275 (1976),
|
|
Authority to dismiss complaint without prejudice
|
401 Mich 155 (1977),
Grievance Adm'r v. Woll,
|
|
Charging fees to client for grievance defense
|
RI-296,
|
|
Conflict of interest of member of grievance prosecutorial staff
|
RI-119,
RI-121,
|
|
Conflict of interest of panel member
|
RI-119,
RI-121,
RI-131,
|
|
Criminal procedure rules do not apply
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
|
|
Cross-examination of witnesses
|
State Bar v. Murphy,
387 Mich 632 (1972),
|
|
Delay in issuing decision
|
403 Mich 172 (1978),
Grievance Adm'r v. Donigan,
|
|
Delay in scheduling hearing
|
State Bar v. Albert,
390 Mich 234 (1973),
|
|
Discovery by respondent
|
Matter of Mikesell,
396 Mich 517 (1976),
|
|
Disqualification of panel members based on judicial disqualification rules
|
RI-119,
|
|
Disqualification of panel members employed by member of discipline prosecuting authority
|
RI-121,
|
|
Disqualification of panel members under current investigation
|
RI-131,
|
|
Disqualification of panel members within third degree of advocate's law firm
|
RI-119,
|
|
"Due diligence" of prosecutor required to support dismissal without prejudice
|
401 Mich 155 (1977),
Grievance Adm'r v. Woll,
|
|
Examination of respondent by panelist to clarify facts
|
State Bar Grievance Adm'R v. Roth,
400 Mich 484 (1977),
|
|
Examination of witnesses
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
State Bar v. Murphy,
387 Mich 632 (1972),
|
|
Exculpatory information, access to
|
No 97692 Mi Sup Ct (2/19/1994),
Grievance Adm'r v. Attorney Discipline Bd.,
|
|
Ex parte discussions with panel members
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
|
|
Failure to respond or appear
|
In Re Moes,
389 Mich 258 (1973),
394 Mich 5 (1975),
Grievance Adm'r v. Williams,
|
|
Findings based on edited transcript of previous proceeding
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
|
|
Hostility of panel members as prejudicial
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
407 Mich 336 (1979),
Grievance Adm'r v. Del Rio,
|
|
Judge who reports party's lawyer to discipline board may preside at party's trial
|
JI-024,
|
|
Lawyer serving as discipline hearing panel member
|
JI-024,
RI-119,
RI-121,
RI-131,
|
|
Panel member concurrently under discipline investigation
|
RI-131,
|
|
Panel member is employee of Grievance Commission member
|
RI-121,
|
|
Panel member related to advocate
|
RI-119,
|
|
Panel member related to member of advocate's firm
|
RI-119,
|
|
Rehearing based on new evidence
|
In The Matter of Daggs,
411 Mich 304 (1981),
|
|
Respondent's Check List
|
74 MBJ 692 (Jul 1995),
|
|
Sanction term defined by occurrence of event
|
402 Mich 501 (1978),
Grievance Adm'r v. Ruebelman,
|
|
Sufficiency of complaint
|
390 Mich 147 (1973),
Grievance Adm'r v. Jackson,
|
|
Transcript used as substantive evidence
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
|
|
Weight to be given charges dropped from complaint
|
Matter of Mikesell,
396 Mich 517 (1976),
|
|
Eleventh Amendment
|
Tucker v. Michigan Attorney Discipline Bd.,
(Edmi 9/30/1996),
|
|
Prosecutorial
|
Mcr 9.125,
Dunchock v. Higle,
US Dis Ct Edmi,
|
|
Quasi-judicial
|
1996 US App Lexis 5727,
(Unpublished Ca6 2/22/1996),
Berger v. Cuyahoga County Bar Ass'N,
983 F2d 718 (Ca6 1993),
Cert Den 113 S Ct 2416 (1993),
Eston v. Van Bolt,
728 F Supp 1336 (Ed Mich 1990),
|
|
Complainant's withdrawal of complaint
|
390 Mich 147 (1973),
405 Mich 563 (1979),
Reh 407 Mich 278 (1979),
Grievance Adm'r v. McWhorter,
Grievance Adm'r v. Jackson,
|
|
Failure to contact complainant
|
402 Mich 74 (1977),
Grievance Adm'r v. Kopp,
|
|
Rehearing based on new evidence
|
In The Matter of Daggs,
411 Mich 304 (1981),
|
|
Respondent's Check List
|
74 MBJ 692 (Jul 1995),
|
|
Respondents right to copy of Complainant's mandamus petition
|
406 Mich 511 (1979),
Grievance Adm'r v. Giltner,
|
|
Selective prosecution
|
407 Mich 336 (1979),
Grievance Adm'r v. Del Rio,
|
|
Americans With Disabilities Act application
|
|
|
Due process in judicial discipline proceedings
|
Matter of Mikesell,
396 Mich 517 (1976),
|
|
Federal court review of state proceedings
|
Doe v. Attorney Discipline Bd.,
1996 WL 78312,
1996 US App Lexis 5727 (unpublished CA6 2/22/1996),
Ginger v. Wayne County Circuit Court,
372 F2d 612 (CA6 1967),
cert den 387 US 935 (1967),
|
|
Jurisdiction over misconduct occurring after becoming judge
|
In Re Kapcia,
389 Mich 306 (1973),
|
|
|
Discipline, Judicial
Conditional removal from bench
|
In Re Moes,
389 Mich 258 (1973),
|
|
Conduct before becoming judge
|
Matter of Loyd,
424 Mich 514 (1986),
Matter of Waterman,
433 Mich 1207 (1989),
|
|
Jurisdiction over misconduct occurring before becoming judge
|
Matter of Ryman,
394 Mich 637 (1975),
Leitman v. State Bar Grievance Bd.,
387 Mich 596 (1972),
|
|
Misappropriation
|
Matter of Loyd,
424 Mich 514 (1986),
|
|
Neglect of legal matters
|
Matter of Hammons,
426 Mich 1225 (1986),
|
|
Review required before removal from bench
|
In Re Kapcia,
389 Mich 306 (1973),
Matter of Loyd,
424 Mich 514 (1986),
|
|
|
Discipline, Lawyer
Adult Attention Deficit Disorder
|
Doe v. Attorney Discipline Bd.,
1996 Wl 78312,
1996 US App Lexis 5727 (Unpublished Ca6 2/22/1996),
|
|
Charging fees to client for grievance defense
|
RI-296,
|
|
Court-appointed receiver charging to defend grievance
|
RI-330,
|
|
Deposition taken by suspended lawyer
|
RI-101,
|
|
Disciplined lawyers, scope of permitted activity
|
C-211,
68 MBJ 1108 (Nov 1989),
|
|
Failure to file income tax returns
|
Matter of Gillis,
402 Mich 286 (1978),
In Re Lewis,
389 Mich 668 (1973),
|
|
Failure to perform when not paid
|
In Re Daggs,
384 Mich 729 (1971),
|
|
Fees for disciplined lawyer determined by quantum meruit
|
RI-019,
RI-030,
RI-270,
|
|
Forgery
|
In Re Ryman,
394 Mich 167 (1975),
|
|
Judge who formerly participated on discipline panel subsequently presiding in matter in which respondent appears as party or advocate
|
JI-024,
|
|
Law firm interest held by disciplined lawyer
|
RI-238,
|
|
Lien enforcement against client without notice
|
73 MBJ 690 (Jul 1994),
Matte of Geralds,
402 Mich 387 (1978),
|
|
Partnership or shareholder interest held by disciplined lawyer
|
RI-238,
|
|
Receiver charging fees to defend grievance
|
RI-330,
|
|
Solicitation of clients through agents
|
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
|
|
Suspended lawyer right to expenses
|
RI-019,
RI-030,
|
|
Suspended lawyer sharing legal fee
|
RI-019,
RI-030,
RI-270,
|
|
Unauthorized practice of law by disciplined lawyer
|
RI-101,
|
|
|
Discovery
Attorney charging hourly rate to submit to deposition
|
RI-003,
|
|
Charge for lawyer being deposed
|
RI-003,
|
|
"Confidential" documents, duty to return
|
RI-179,
|
|
Contacting party employees pursuant to court order
|
RI-042,
|
|
Cross-examination of client for unrelated matter
|
RI-218,
|
|
Deposing lawyer, charge for
|
RI-003,
|
|
Deposition of judicial officer
|
JI-057,
|
|
Documents disclosed in error
|
RI-179,
|
|
Former client suspected of illegal activity
|
RI-106,
|
|
Home addresses of corporate employees
|
R-002,
|
|
Inaccurate, truthful testimony of client
|
RI-272,
|
|
Inconsistent testimony of client
|
RI-013,
RI-033,
|
|
Judge present in courtroom as moral support for party
|
JI-015,
|
|
Judge testifying on representation of former client
|
JI-032,
|
|
Medical records of witness obtained through client fraud
|
RI-209,
| | |