Ethics Opinion Topic Index

Identity of Client

Impropriety

Imputed Disqualification

Attorney general divisions
Bar applicant representation improper when firm member sits on admissions committee
Clients brought to firm by new lawyer conflict with firm's existing clients
Conflict with existing client not discovered until representation undertaken
Contingency to represent client after claim of malpractice
Disclosure of client's illegal conduct
Entire firm—conflict of one lawyer
Failure to screen transferring lawyer
Firm disqualification—client adjudicated by firm member
Firm of commissioner representing clients before commission
Firm of part-time magistrate before magistrate's court
Former client testifying against current client
Initial consultation triggers disqualification
Intake information obtained by nonlawyer employee may result in disqualification
Judge's spouse is assistant prosecutor
Law firm appearing before subordinate board
Lawyer as witness on will subject of dispute
Lawyer changing firms
Lawyer for municipality related to mayor
Lawyer/legislator member of firm representing municipal clients
Lawyer/legislator’s firm disqualified where lawyer disqualified
lawyer's duty to prove absence of conflict
Legislator’s firm representing municipal clients
No imputation when attorney spouses practice
Nonlawyer employees changing firms
"Of counsel" affiliations
Part-time referees hearing matters presented by former law firm
Previous employment with opposing firm
Previous employment for opposing party
Presumption of access to confidential information
Prosecutor's office
Representing client suing advocate for malpractice in unrelated matter
Representing holder of durable power of attorney when firm member represented prospective guardian or ward
Representing municipality when mayor is a sibling
Representing party against client of former firm
Screening firm from clients brought by new lawyer
Screening from case
Screening from fee
Screening not available to avoid conflict with current client
Special assistants attorneys general representing opposing state agencies
Transferring lawyer, failure to screen
Untimely establishment of screening measures
US Army Legal Assistance Office

Independent Professional Judgment

Collection agency as intermediary between lawyer and clients
Deeds, lawyer overseeing draft
Drafting documents without consultation with client
Drafting lawyer named as personal representative without bond
Failure to meet or speak with client directly
Failure to review documents drafted by employees
Fee paid by interested third party
Fee amount acting as disincentive
Government program advocate
Group legal service plan
Insurance representation
Judge as member of board of organization appearing before judge
Law firm "leasing" lawyer employees
Lawyer as court employee handling juvenile matters
lawyer's interest as spouse of advocate
lawyer's financial interest as firm partner
Lawyer overseeing drafting of deeds
Lawyer representing insured may receive fixed fee
Lawyers for insureds can be housed in insurance company offices
"Leased" lawyers working for law firm
Legal assistant screening clients for lawyer
Legal services plan participation
Limitations on legal advice to be provided to client
Limitations on legal services that will be compensated
Nonlawyer employee acting as intermediary to client
Nonlawyer settling disputes between lawyer and client
Payment of fee by interested third party
Personal representative of estate is the lawyer's "client"
Office rent calculated on law firm's gross income
Referral service participation
  •  70 MBJ 146 (Feb 1991),
Reliance on employee for client intake
Representing customer of own nonlaw business
Review of files by referral service lawyer
Reviewing real estate title issued by own title company
Services to customers of community organization
Size of referral fee acting as disincentive
Temporary lawyers working for law firm
Third party limiting advice or services delivered to client
For-profit matching services

Indigent Persons

Advancing living and medical expenses
Contract bid by former prosecutor
Insurance policy on client to ensure payment of fees
Judge encouraging pro bono activity
Legal services agency conducting pro se clinic
Paying security for court costs
Prison legal services plan
Pro bono solicitation by judge
Pro se clinic conducted by legal services agency
Providing assistance to pro se litigants
Rejecting court appointment to represent client
Representation by former prosecutor
Security for court costs
Self help clinics conducted by legal services agency
Unbundling legal services

Inside Counsel

Attorney-client relationship with employees
Class actions, communicating with inside counsel for prospective class members
Class actions, communicating with prospective class members
Conflicts waivable by client, not counsel
Consenting to employee interviews
Defense counsel communicating with inside counsel for prospective class members
Duty to report law student employee misconduct
Duty to report subordinate lawyer misconduct
Former corporate counsel, representing officer against
In house counsel giving recommendations to CEO
Inside counsel as "law firm"
Inside counsel communicating with prospective opt-out class plaintiffs
Judge prohibited from rendering opinions to
  •  A/O 6,
Licensed in another state but based in Michigan
  •  71 MBJ 555 (Jun 1992),
Opposing counsel directly contacting employees concerning investigation
Privileged communications from employees
Prosecuting attorney as
Refusing discovery request
Representing client against former employer
Representing officer against former employer
Representing officer against entity
Representing party in dealings with former employer
Requesting employees not to discuss litigation
Responsibility for conduct of client's investigators
Subordinate lawyer disclosing information to supervising lawyer
Subordinate lawyer misconduct
Supervising lawyer who is subject to review by subordinate lawyer
Supervisory duties
Wrongful discharge suit, lawyer employee
  •  74 MBJ 54 (Jan 1995),

Insurance

Lawyer operating insurance business
Policy on client to pay fees
Referral fee from insurance agent

Insurance Representation

Adverse interests in dual representation, insured-insurer
By president of legal insurance corporation
Captured counsel sharing office space with employer insurance company
City attorney acting as state hearing officer
Confidentiality when insurer and insured joint clients
Conflicts of interest
Contingent fee in renegotiating structured settlement
Disputes between insurer and insured
Duties to client's insurer
Flat fee, insufficient for adequate representation
Group television advertising
Hospital charged in no-fault representation
Indemnitor contacted
Insured, former joint client, disputing insurer
Insurer insuring city, while city attorney presides as hearing officer in unrelated claims against insurer
Insurer retaining lawyer for insured
Joint clients, confidentiality
Lawyer representing insured may receive fixed fee
Lawyers for insureds can be housed in insurance company offices
Medical benefits in no-fault cases
Multiple representation, apportionment of fees
No-fault benefits, charging for legal services
PIP claims
Plaintiff advertising
Prosecutor handling spouse's insurance dispute
Representing unrelated client against insurer whom regularly forwards business
Structured settlement renegotiated, appropriate fee
Subsequent representation of insurer against insured
Withdrawal from representation of insured and insurer conflicts of interest

Interest, Bank

Apportioning trust account interest
Calculation of trust account interest
Collection of fees through credit card company
Credit card arrangement underwriting client bills
Disclosing credit arrangements
On unpaid client accounts
  •  70 MBJ 948 (Sep 1991),
Payment of trust account interest
Trust account subaccounting
Usurious rate on overdue balances is unethical

Intermediary

Compatibility with client's best interests
Documenting sale between two clients
Mediator drafting parties' agreement
Nonlawyer relaying information between lawyer and client
  •  74 MBJ 438 (May 1995),
Representing prospective ward and prospective guardian
Responsibilities to each client

Internet

Advertising medium vs. lawyer referral service
For-profit matching services
Domain Name

Investigation

Contacting clerical employees of potential party
"Disinterested lawyer" standard
Duty to investigate facts before filing
Investigators' conduct imputed to lawyer
"Reasonable" investigation
Responsibility for investigators' tactics
Subpoena to nonparty
  •  74 MBJ 564 (Jun 1995),