Ethics Opinion Topic Index

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Decision-Making Authority of Client

Accepting arbitration of attorney fees
Advance waiver of future conflicts of interest invalid
Advancing costs through venture capital company
Arrangement to refer clients to particular real estate broker
Choice of counsel when case transferred
Choice of counsel when lawyer changes firms
Consent to negotiating settlement without counsel present
Consent to representation by spouse of opposing counsel
Consent to multiple representation
Consent to withdrawal in event of conflict
Costs advanced by venture capital company
Decision to seek legal representation after solicitation
Disabled client
Discharge of lawyer
Distribution of estate assets
Fees paid by third party
Fiduciary as client
Guardian serving as lawyer for ward
Independent counsel on arbitration of fees
Independent judgment—fees paid by third party
Insurance representation
Minor child as client
Multiple clients, consent to representation
Naming lawyer as personal representative in will
Parent's role when lawyer represents minor child
Personal representative exercising fiduciary duties
Real estate referrals
Settlement offers
Trust kit—use of intermediary with client
Using intermediary to meet with clients
Wrongful death case proceeds distribution

Depositions

Disability

Attorney duties toward
Compensation when filing protective order against client
Conservator duties toward
Decisions about representation
Decisions about settlement
Discharge of lawyer
Disclosing medical file to client
Dual capacity of guardian and lawyer for ward
Duties of lawyer toward
  •  69 MBJ 943 (Sep 1990),
Guardian duties toward
Independent corroboration of condition
Minor child as client
Petition for guardianship
Representing ward and conservator
Scope of representation
Seeking protective order for
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
Disabled client
Discretion of client
Effect on duty to rectify client perjury
Frivolous or tactical discharge by client
Grievance filed by current client
Lawyer changing firms
Motion for withdrawal
Multiple clients, discharged from representing some
Parent's attempt to discharge lawyer for minor child
Restriction on client's right to discharge
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
Conflict of interest of member of grievance prosecutorial staff
Conflict of interest of panel member
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
Disqualification of panel members employed by member of discipline prosecuting authority
Disqualification of panel members under current investigation
Disqualification of panel members within third degree of advocate's law firm
"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
Lawyer serving as discipline hearing panel member
Panel member concurrently under discipline investigation
Panel member is employee of Grievance Commission member
Panel member related to advocate
Panel member related to member of advocate's firm
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
Court-appointed receiver charging to defend grievance
Deposition taken by suspended lawyer
Disciplined lawyers, scope of permitted activity
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
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
Law firm interest held by disciplined lawyer
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
Receiver charging fees to defend grievance
Solicitation of clients through agents
  •  Matter of Jaques,
  •  401 Mich 516 (1977),
  •  On Remand 407 Mich 26 (1979),
Suspended lawyer right to expenses
Suspended lawyer sharing legal fee
Unauthorized practice of law by disciplined lawyer

Discovery

Attorney charging hourly rate to submit to deposition
Charge for lawyer being deposed
"Confidential" documents, duty to return
Contacting party employees pursuant to court order
Cross-examination of client for unrelated matter
Deposing lawyer, charge for
Deposition of judicial officer
Documents disclosed in error
Former client suspected of illegal activity
Home addresses of corporate employees
Inaccurate, truthful testimony of client
Inconsistent testimony of client
Judge present in courtroom as moral support for party
Judge testifying on representation of former client
Medical records of witness obtained through client fraud
Lawyer testifying on privileged matters
  •  69 MBJ 551 (Jun 1990),
Subpoena for client information
Subpoena to nonparty
  •  74 MBJ 564 (Jun 1995),

Disinterested Lawyer Standard

Allocation issues prevent multiple representation of major and de minimis PRPs at environmental clean up site
Allocation issues prevent multiple representation of owner and generator at environmental clean up site
Assignment of collection case while still representing client
Balancing issues between clients
Client suing lawyer for malpractice
Collusion to collect insurance
Consolidation of conflicting cases on appeal
Determining whether client would be competently represented with scope of limitation in place
Dispute among clients on acceptance of mediation award
Employment situation affects lawyer's ability to pursue client's matter
lawyer's prior advice at stake
Liability of lawyer's partner
Limitation of scope in bankruptcy proceeding
Limitation of scope to obtain waiver of client conflict of interest
Medical provider client disputing bill with unrelated client
Multiple clients, criminal activity of one
Personal injury victim and owner in unrelated matters
Screening does not cure
Suing current client for fees
Testimony inconsistent with clients interests
Withdrawal required upon discovery

Disposition of Judicial Campaign Funds

Carry-over of funds to another election prohibited
  •  Matter of Lawrence,
  •  417 Mich 248 (1983),
Distribution to government committee
  •  A/O 14,
Expenditures prior to announcing candidacy
Expenditures prior to 180-day fund raising period
Family compensation for campaign work
  •  A/O 66,
Loan from previous election
  •  A/O 56,
Investiture celebration
"Office holder expense fund" improper
  •  Matter of Lawrence,
  •  417 Mich 248 (1983),
Refund of campaign expense
Reimbursing candidate from campaign funds
Repaying loans to campaign
Retiring campaign debts
Return of excess funds
  •  Matter of Lawrence,
  •  417 Mich 248 (1983),
Sponsoring athletic team

Disqualification, Judicial

Colleague judge testifying
Employer of Judge's spouse testifying
Nephew of presiding judge testifying
  •  A/O 36,
Parole officer testifying as police officer
Sheriff who has shared business interest
Staff of board on which judge sits
Personal acquaintance insufficient for judicial disqualification
Actual bias mandates disqualification of judge
  •  Adams v. Adams,
  •  100 Mich App 1 (1980),
Actual bias generally required
  •  People v. HoUSton,
  •  179 Mich App 753 (1989),
  •  Inmates v. Wayne County Executive,
  •  178 Mich App 634 (1989),
Animosity toward advocate
Appearance of bias
Appointee as advocate before appointing judge
Campaign opponent appearing before judge
Campaign Opponent's firm appearing before judge
Discipline panel member currently under discipline investigation
Employee reviewing decisions of employer
Filing grievance against lawyer appearing before hearing officer
Grievance filed by hearing officer
Judge former prosecutor
  •  People v. Hampton,
  •  184 Mich App 434 (1990),
Judge or Judge's former firm represented party as attorney within last two years
  •  Michigan Ass'N of Policy v. City of Pontiac,
  •  177 Mich App 752 (1989),
Law clerk whom "personally and substantially" participated
Law firm of part-time magistrate
Malpractice action pending against judge and former firm
Part-time magistrate with court funding unit as client
Part-time referee engaging in law practice
Party opponent appearing in unrelated matter as advocate
Perpetual recusal of judge for animosity toward advocate
Personal acquaintance insufficient for judicial disqualification
"Personal and substantial" participation
Personal lawyer of judge appearing as advocate
Presiding in cases in which employee of law firm's client appear
  •  In Re Schlossberg v. State Bar Grievance Bd.,
  •  388 Mich 389 (1972),
Probability of actual bias too high
  •  Crampton v. Department of State,
  •  395 Mich 347 (1975),
Referee who also practices law before own court
Sentences, Judge's disapproval of mandatory life sentence
  •  People v. HoUSton,
  •  179 Mich App 753 (1989),
Spouse is assistant prosecutor
Taint from exposure to data not in official record
Advocate is personal lawyer of judge
Advocate represents judge in unrelated malpractice action
Advocate formerly represented member of Judge's family
Bonus from former firm for work done prior to assuming office
Business participation
City commissioner becomes judge
Employment negotiations with advocate's firm
Financial impact of case on law firm of part-time judge
Grievance filed by party against judge
  •  Clemens v. Bruce,
  •  122 Mich App 35 (1982),
  •  Autoworkers Flint Federal Credit Union v. Rogler,
  •  32 Mich App 257 (1971),
Investment club membership by judge
Judge as member of investment club with lawyers
Malpractice action pending against judge and former firm
Presiding in cases in which employee of law firm's client appear
  •  In Re Schlossberg v. State Bar Grievance Bd.,
  •  388 Mich 389 (1972),
Prosecutor becomes judge
Retired Judge's business interests
Spouse is assistant prosecutor
Witness acquainted with judge
Board member of a nonprofit legal aid organization appearing
Business interest with advocate
Business interest with lower court judge
Campaign committee member appearing as advocate before candidate
Firm buying Judge's former practice
Investment club membership by judge
Judge as member of investment club with lawyers
Spouse is assistant prosecutor
Witness acquainted with or related to presiding judge
Witness with financial relationship to judge
Advocate from legal service organization where judge serves on board
Advocate is Judge's personal lawyer
Financial interest between judge and advocate
Judge dating party appearing before judge
Judge's spouse is assistant prosecutor
Notice and recusal unless asked to preside
Witness from organization where judge sits on board
Ex parte approach by advocate for recusal
Board member of a nonprofit legal aid organization appearing
Charitable board resignation
Disclosure of tenancy with lawyer advocate
Divestiture
Investment club membership by judge
Judge as host of commercially-sponsored program
Judge as member on investment club with lawyers
Leasing space to lawyers
Retired Judge's business participation
Seminar related to case pending before judge
Bonus from former firm for work done prior to assuming office
Business participation
Buy-out payments for law firm interest
Disclosure of business interest
  •  JI-006,
  •  People v. Perkins,
  •  193 Mich App 209 (1992),
Disqualification of judge—firm purchasing Judge's former practice
Financial interest of law firm of part-time judge
Financial interest with advocate
Financial interest with lower court judge
Financial interest with witness
Financial interest in outcome
  •  Crampton v. Department of State,
  •  395 Mich 347 (1975),
Investment club membership by judge
Judge as member of investment club with lawyers
Landlord to advocate
  •  JI-006,
  •  A/O 37,
  •  A/O 39,
  •  A/O 40,
  •  A/O 62,
  •  A/O 84,
Landlord assigned to hear landlord/tenant matters
  •  A/O 38,
Law firm buying Judge's former practice appearing before judge
Notice and recusal unless asked to preside
Partnership interest in law firm
  •  A/O 81,
Pension benefits from former firm
Real estate partners with advocate
Real estate partners with possible party
  •  A/O 110,
Receiving pension payments under independently administered plan
Sale of law books to advocate
Acquaintance of judge appearing as advocate or party
"Affinity"
  •  Bliss v. Cuille Brothers Co.,
  •  149 Mich 601 (1907),
  •  Boyer v. BackUS,
  •  282 Mich 701 (1938),
  •  Van Cleve v. Van Fossen,
  •  73 Mich 342 (1889),
Animosity toward advocate
Discipline counsel related to hearing panelist
Party in matter dates presiding judge
Firm of Judge's family members
Judge hearing case prosecuted by spouse
Judge hearing case prosecuted by spouse's firm
Lawyer appearing is personal lawyer of judge
Lawyer appearing was lawyer for Judge's family member
Nonlawyer employee of advocate related to judge
Paralegal relative of judge worked on case presented
Perpetual recusal due to animosity toward advocate
Receiving payments from independently administered pension plan
Related to advocate
Relative of judge is member or employee of law firm appearing in the matter
Reviewing decisions of spouse
Son-in-law as advocate
Spouse is assistant prosecutor
Spouse of defense lawyer testifying on behalf of prosecution
Supervising performance of spouse
Conditions meriting disqualification
Exclusive disqualification procedure found in MCR 2.003
  •  Stockler v. Rose,
  •  174 Mich App 14 (1989),
Motions for disqualification
  •  75 MBJ 934 (Sep 1996),
Remittal of disqualification
Advocate not a member while judge was member
Advocate from firm that merged with Judge's former firm
Advocate is lawyer of Judge's party opponent in unrelated matter
Advocate represented Judge's family member
Associate of former firm who joined after judge departed
Cases involving Judge's former partners and clients
Codefendants with judge in unrelated matter appear as advocates
Financial interest with advocate
Former firm appearing before judge
Former firm associates appearing before judge
Members of predecessor firm who joined after judge departed
Members of former firm arriving after judge departed
"Of counsel" relationship between advocate and former firm
  •  A/O 80,
Part-time referee disqualified from hearing matters presented by referee's law firm
Part-time referee engaging in law practice
Referee who also practices law before own court
Spouse is assistant prosecutor
Two-year disqualification from cases in which former firm members appear
Case where judge has been consulted as lawyer
Discipline complaint filed by party against judge
  •  Clemens v. Bruce,
  •  122 Mich App 35 (1982),
  •  Autoworkers Flint Federal Credit Union v. Rogler,
  •  32 Mich App 257 (1971),
Discipline respondent as party or advocate in hearing before judge who was discipline panel member
Enmeshed in other matters involving party
  •  Crampton v. Department of State,
  •  395 Mich 347 (1975),
Part-time referee, participated in matter as lawyer
Part-time magistrate, participated in matter as lawyer
Part-time magistrate representing court funding unit
Party is former client of firm not appearing
Presiding in earlier case involving same party insufficient alone to disqualify
  •  In Re Schmeltzer,
  •  175 Mich App 666 (1989),
Prior participation as accuser, investigator, fact finder or decision-maker
  •  Crampton v. Department of State,
  •  395 Mich 347 (1975),
"Substantial participation" in case as lawyer
Target of personal abuse or criticism from party
  •  JI-044,
  •  Crampton v. Department of State,
  •  395 Mich 347 (1975),
Will offered for probate was drafted by presiding judge
  •  A/O 17,

Disqualification, Lawyer

Client as adverse witness in unrelated case
Co-counsel as pretext to effect recusal of judge
Divorce consultation triggering disqualification
Firm disqualification if lawyer testifies regarding fees
Firm of commissioner representing clients before commission
Firm of public official appearing before
Firms of lawyer spouses
Initial consultation triggering disqualification
Inside counsel of government entity
Lawyer spouses
"Of counsel" as fiduciary in matter
Opposing lawyers cohabitating
Opposing lawyers dating
Part-time magistrate representing court funding unit
Prosecutor's office employees
Referral as pretext to effect recusal of judge
Representing municipality when mayor is a sibling
Subject matter same as current representation
"Substantially related" representation
US Army Legal Assistance providing legal assistance to soldiers and spouses
Criminal defense lawyer becomes prosecutor
Declining representation against
Divorce and land foreclosures "related"
Initial consultation triggering disqualification
Initial interview by nonlawyer employee
Imputed disqualification after initial consultation
lawyer's duty to prove no conflict
Likelihood that confidential information is relevant
Overlap of factual or legal issues with current representation
Possibility of using confidential information
Representing will beneficiaries against former client, personal representative
Screening new employees to prevent
Firm of adverse lawyer-witness
Firm of lawyer's witness
Campaign opponent is presiding judge
Financial impact on firm of part-time magistrate
Spouse of defense lawyer testifying on behalf of prosecution
Judicial discretion in granting motions
Tactical motions

Divestiture

Business participation of judge
Irrevocable trust establishment
  •  A/O 26,
Landlord to former firm
Officer of business
Outside activities by new judge
  •  75 MBJ 1071 (Oct 1996),
Stock holdings
  •  A/O 87,

Division of Fees

Consulting arrangement with nonlawyer tax appeals expert
Expert witness fee based on percentage
Government contract holder
Independent contractor
Representing new client against firm giving referral fees
Accounting required to referring lawyer
Advising client of division
Agreement for referral fee
Calculation based on percentage of client billings
Calculation based on percentage of hourly rates
Calculation based on percentage of referred cases
Calculation based on percentage of successor lawyer fee
Client consent to referral fee
Competence of receiving lawyer to handle case referred
Computing as percentage of hourly billings
Conditioning referral on payment of referral fee
Conflict of interest that prevents lawyer from taking case prohibits acceptance of referral fee
Consent of client for division of fee
Contract with receiving lawyer
Declining representation for conflict of interest prohibits acceptance of referral fee
Disqualification not merited upon refusal to pay
Duties when making a referral
Duty to provide referral even without fee
Incentive for more referrals
Listing on out-of-state firm website for referrals as advertising
Out-of-state lawyer referring to Michigan lawyer
Probate counsel referring wrongful death action for referral fee
Qualifications of lawyer receiving referral
Reasonableness of total fee
Receiving lawyer responsible for advising client
Referral agreement—new client against firm
Referral agreement with suspended lawyer
Referral fee based on percentage of yearly referrals
Referring lawyer entitled to accounting
Referring lawyer is witness for client
Referring lawyer responsible for advising client
Refusal to provide referral without fee is improper
Responsibility to advise client
Scope of notice to client about division
Suspended lawyer's right to fee
With out-of-state attorney
Cases referred when becoming judge
Referral fees after becoming judge
Referee accepting referral fee
Apportioning trust account interest among successive lawyers
Between law firms
Contingent fee divided with predecessor lawyer
Contingent fee divided with successor lawyer
Contingent fee divided with suspended lawyer
Coupons for legal services
Disciplined lawyer
Disqualification not merited upon refusal to pay
Fee division with law firm
Lawyer departing firm
Lawyers in different firms
Out-of-state attorney
Partnership agreement
"Quantum meruit" defined
Percentage of yearly client billings
Pretext to recuse presiding judge
Receiving lawyer leaves firm
Referring lawyer is witness for client
Rent calculated as percentage of gross income
Accepting referral from investment firm
Agent of lawyer
Allocating attorney fees to class action clients
Attorney fees allocated to class action clients
Commission from real estate broker for referring business
Court awarded sanctions
Deceased lawyer, payment of fees to estate
Disputed fees—court awarded sanctions
Document preparation agent
Door-to-door salespeople of trust kits
Fee division with referral service
Nonprofit lawyer referral service
Out-of-state attorney
Referral fee from insurance agent
Referral fee from investment firm
Referral service
Payment for referral
  •  In Re Woll,
  •  387 Mich 154 (1972),
Real estate customer referred to broker for fee
Senior Citizen's Hotline
Sanctions ordered by court—division with client
Suspended lawyer
Trade exchange of services between professionals
Trust kit salespeople
Using intermediary to meet with clients
Written fee agreement—court awarded sanctions

Domestic Relations Matters

Adjusting fee after work performed
Advertising under trade name
Assault and battery between spouses on contingent fee
Assets allegedly concealed from client
Assignment of unpaid bill for collection
Charging multiple clients for same time period
Child custody representation against spouse of former client
Child support collections business owned by lawyer
Cohabitant claiming property awarded to former client
Conflict with client in unrelated case
Conflict with spouse of former client
Contingent fees for child support arrearages
Contingent fees for collecting past due alimony
Contingent fees to set aside property settlement
Contingent fees for post-judgment matters
Contingent fee for spouse assault and battery
Deed to marital home as collateral for fees
Delinquency matters handled by prosecutor
Divorce case, "results obtained" or "value added" provision
Divorce "kit" services
  •  State Bar v. Cramer,
  •  399 Mich 116 (1976) 68 MBJ 469 (Jun 1989),
Divorce client possible witness in unrelated representation
Divorce consultation triggering disqualification
Divorce representation against former divorce client
Domestic assault fees
Fixed rates for court appearances
Former client's interest in property dispute
Fraud perpetrated against former client
Initial consultation triggering disqualification
Issuing support order as magistrate—subsequent representation
Law firm with nonlawyer consultants
Lawyer as witness in invalidating post-nuptial agreement
Legal services agency conducting pro se clinic
"Loan" purportedly concealing marital assets
Marital counseling service operated by lawyer's spouse
Marital property dispute adverse to former client's recovery
Mediator drafting parties' agreement
Negotiating settlement with represented party
Post-nuptial agreement dispute, lawyer as witness
Practice by part-time domestic relations referee
Pro se clinic conducted by legal services agency
"Reasonableness" of fee
Real estate claim against former client's property settlement
Referrals from marital counseling service
Representing client against spouse of former client
Representing client—issued support order as magistrate
Self help clinics conducted by legal services agency
"Substantially related" divorce representation
Substitute counsel when lawyer is witness
Suit for unpaid fees while representing client
Trade name for law firm

Dual Practice

Ancillary ADR business
Serving client of opposing counsel in nonlaw business
Serving law clients
Waiver of liability in nonlaw business
Setting fees for nonlegal services
Soliciting law clients from collections customers
Accepting law clients referred by lawyers nonlaw business
Disclosure of lawyer's interest in nonlaw business
Disputes concerning nonlaw services may not be handled by law firm of lawyer/owner of nonlaw business
Referring law clients to lawyer's nonlaw business
Office sharing
Selling insurance to law clients
Soliciting law clients from insurance customers
Advertising
Referrals between law and nonlaw services
Supervisory lawyer designation
Trade name
Clarifying lawyer's role
Lawyer as witness in dispute against client board
lawyer's participation affecting disqualification of firm
Appointment as special prosecutor
Appointment to represent indigent clients
Budget control over participants in private representation matter
Commissioner appearing as counsel opposite city attorney
Commissioner appearing before courts within budget control
Commissioner representing clients against housing authority
Commissioner serving as township attorney
commissioner's private practice before local courts
Direction and control over participants in private representation matter
Examining witness deputy sheriff in unrelated matter
Lawyer/administrative hearing officer
Personal and substantial participation
Police commissioner taking criminal cases
Prosecutor may not serve concurrently as magistrate
Public attorney acting as referee
Public attorney handling defense cases
Referee acting as assistant city attorney
Special prosecutor appointments
Representing customer of own nonlaw business
Reviewing title issued by own company
Title company ownership
Conflict screening mechanism
Delegating judgment regarding customer need for legal service
Document preparation service
Door-to-door contacts of prospective clients
Supervision of agents
City attorney/referee
Disqualification
Domestic relations referee and liaison attorney
Government contract holder/private practice
Hearing matters in which participated as lawyer
Hearing matters presented by former law firm
Office sharing
Part-time probate judge/private practice
Representing clients in matter formerly before as referee

Due Process in Discipline Proceedings

Advocate present during deliberations
  •  State Bar Grievance Adm'R v. Beck,
  •  400 Mich 40 (1977),
Bias in connection between prosecuting agency and hearing panel
  •  Matter of Mikesell,
  •  396 Mich 517 (1976),
  •  In Re Smeekens,
  •  396 Mich 719 (1976),
  •  State Bar Grievance Adm'R v. Baun,
  •  395 Mich 28 (1975),
  •  Withrow v. Larkin,
  •  421 US 35,
  •  95 S Ct 1456,
  •  43 L Ed 2d 712 (1975),
Delay in issuing decision
  •  State Bar Grievance Adm'R v. Donigan,
  •  403 Mich 172 (1978),
Delay in scheduling hearing
  •  State Bar v. Albert,
  •  390 Mich 234 (1973),
Dismissal when court evenly divided
  •  Matter of Szymanski,
  •  400 Mich 469 (1977),
Reasons for discipline must be stated
  •  State Bar Grievance Adm'R v. Williams,
  •  394 Mich 5 (1975),
Civil verdict, effect on discipline proceedings arising from same facts
  •  In The Matter of Bessman,
  •  401 Mich 45 (1977),
Criminal verdict, effect on discipline proceedings
  •  Matter of Gillis,
  •  402 Mich 286 (1978),
Discipline proceedings not moot when judge respondent not re-elected
  •  In The Matter of Probert,
  •  411 Mich 210 (1981),
Double jeopardy inapplicable
  •  In The Matter of Probert,
  •  411 Mich 210 (1981),
  •  Matter of Jenkins,
  •  437 Mich 15 (1991),
  •  People v. Artman,
  •  218 Mich App 236 (1996),
Effect of failure to win reelection on pending proceedings
  •  In The Matter of Probert,
  •  411 Mich 210 (1981),
  •  In Re Bayles,
  •  427 Mich 1201 (1986),
Effect of lawyer discipline on sitting judge
  •  In Re Moes,
  •  389 Mich 258 (1973),
  •  In Re Kapcia,
  •  389 Mich 306 (1973),
Effect of suspension of law license on sitting judge
  •  Leitman v. State Bar Grievance Bd.,
  •  387 Mich 596 (1972),
Exhaustion of criminal appeals before imposition of discipline
  •  State Bar Grievance Adm'R v. Sauer,
  •  390 Mich 449 (1973),
Res judicata, prior civil action
  •  In The Matter of Bessman,
  •  401 Mich 45 (1977),
Res judicata, prior criminal action
  •  Matter of Gillis,
  •  402 Mich 286 (1978),
Res judicata, prior Judicial Tenure Commission proceeding
  •  Matter of Del Rio,
  •  407 Mich 336 (1979),
Self-incrimination Spevak v. Klein, 385 US 511 (1967)
  •  State Bar of Mi v. Block,
  •  383 Mich 384 (1970),
  •  In Re Woll,
  •  387 Mich 154 (1972),
  •  Sternberg v. State Bar,
  •  384 Mich 588 (1971),
Collateral review of arguments in criminal appeal
  •  Matter of Gillis,
  •  402 Mich 286 (1978),
Comparing discipline imposed in other cases
  •  In The Matter of Grimes,
  •  414 Mich 483 (1982),
  •  Matter of Del Rio,
  •  407 Mich 336 (1979),
Cross-examination of witnesses
  •  State Bar v. Murphy,
  •  387 Mich 632 (1972),
Discovery by respondent
  •  Matter of Mikesell,
  •  396 Mich 517 (1976),
Exculpatory evidence held by discipline agency
  •  Grievance Adm'R v. Attorney Discipline Bd.,
  •  No 97692 Mi Sup Ct (2/19/1994),
Failure to obtain documents or witness list requested from prosecutor
  •  State Bar Grievance Adm'R v. Roth,
  •  400 Mich 484 (1977),
Inference drawn from exercise of right against self-incrimination
  •  In Re Woll,
  •  387 Mich 154 (1972),
Nolo contendere plea, effect on discipline
  •  In Re Lewis,
  •  389 Mich 668 (1973),
  •  Matter of Jaques,
  •  401 Mich 516 (1977),
  •  On Remand 407 Mich 26 (1979),
Prior charges or prior discipline referenced in complaint
  •  In The Matter of Daggs,
  •  411 Mich 304 (1981),
Standard of proof, preponderance Matter of Loyd, 424 Mich 514 (1986)
  •  Matter of Jenkins,
  •  437 Mich 15 (1991),
  •  State Bar Grievance Adm'R v. Posler,
  •  390 Mich 581 (1973),
Characterization of judicial discipline proceedings
  •  Matter of Mikesell,
  •  396 Mich 517 (1976),
Characterization of lawyer discipline proceedings
  •  State Bar Grievance Adm'R v. Woll,
  •  401 Mich 155 (1977),
Purpose of discipline proceedings
  •  State Bar Grievance Adm'R v. Trombly,
  •  398 Mich 377 (1976),
Answer, opportunity to amend
  •  In The Matter of Crane,
  •  400 Mich 484 (1977),
  •  State Bar Grievance Adm'R v. Kopp,
  •  402 Mich 74 (1977),
Discipline may be imposed only on counts charged in complaint
  •  In The Matter of Mcwhorter,
  •  407 Mich 278 (1979),
  •  State Bar Grievance Adm'R v. Corace,
  •  390 Mich 419 (1973),
Notice of charges
  •  In Re Ruffalo,
  •  390 US 544 (1968),
  •  State Bar Grievance Adm'R v. Corace,
  •  390 Mich 419 (1973),
  •  State Bar Grievance Adm'R v. Fried,
  •  388 Mich 711 (1972),
  •  State Bar Grievance Adm'R v. Jackson,
  •  390 Mich 147 (1973),
  •  Matter of Jaques,
  •  401 Mich 516 (1977),
  •  On Remand 407 Mich 26 (1979),
  •  State Bar Grievance Adm'R v. Roth,
  •  400 Mich 484 (1977),
Authority of Supreme Court to regulate bar
  •  438 Mich 296 (1991),
  •  Grievance Adm'r v. August,
Comparing discipline imposed in other cases
  •  In The Matter of Grimes,
  •  414 Mich 483 (1982),
  •  Matter of Del Rio,
  •  407 Mich 336 (1979),
Complainant's right to hearing on dismissal of complaint
  •  Leitman v. State Bar Grievance Bd.,
  •  387 Mich 596 (1972),
Facts reviewed de novo in judicial discipline proceedings
  •  In Re Somers,
  •  384 Mich 320 (1971),
  •  Matter of Jenkins,
  •  437 Mich 15 (1991),
Errors of fact in panel ruling
  •  State Bar Grievance Adm'R v. Beck,
  •  400 Mich 40 (1977),
Factors for increasing recommended discipline
  •  402 Mich 501 (1978),
  •  State Bar Grievance Adm'R v. Williams,
  •  394 Mich 5 (1975),
  •  Grievance Adm'r v. Ruebelman,
Factors for reducing recommended discipline
  •  In The Matter of Daggs,
  •  411 Mich 304 (1981),
  •  State Bar Grievance Adm'R v. Estes,
  •  390 Mich 585 (1973),
  •  State Bar Grievance Adm'R v. Roth,
  •  400 Mich 484 (1977),
Increasing discipline recommended by board
  •  Grievance Adm'R v. Hatchett,
  •  440 Mich 1210 (1992),
Reasons for discipline must be stated in order
  •  State Bar Grievance Adm'R v. Williams,
  •  394 Mich 5 (1975),
Rehearing based on new evidence
  •  In The Matter of Daggs,
  •  411 Mich 304 (1981),
Reopening final orders
  •  State Bar Grievance Adm'R v. Lane,
  •  406 Mich 638 (1979),
Right to Supreme Court review
  •  Tucker v. Michigan Attorney Discipline Bd.,
Sanction term defined by occurrence of event
  •  402 Mich 501 (1978),
  •  Grievance Adm'r v. Ruebelman,
Standard of review
  •  State Bar Grievance Adm'R v. Estes,
  •  390 Mich 585 (1973),

Duties of Office

Administrative hearing officer negotiating employment with firm of party
Appointing counsel for criminal defendant
Commissioner/lawyer handling private practice
Failing to keep accurate record of proceeding
  •  In Re Heideman,
  •  387 Mich 630 (1972),
Presiding over appeals from court handling unrelated personal matter
Preventing unauthorized practice
Sentencing practices involving designated charities
Sentencing practices involving judicial campaigns
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