Safekeeping Client Property
|
Accepting credit card payments for advance legal fees
|
RI-344,
|
|
|
Deed in possession of lawyer, duty absent client instruction
|
RI-156,
|
|
|
Disbursements client has not cashed
|
RI-222,
|
|
|
Funds of missing clients
|
RI-067,
|
|
|
Retention schedule
|
R-005,
R-012,
RI-178,
RI-240,
70 MBJ 1018 (Oct 1991),
|
|
|
Retirement from law practice
|
RI-100,
|
|
|
Trust account handling
|
R-007,
R-021,
|
|
|
Unclaimed client property
|
RI-038,
RI-058,
|
|
|
For-profit matching services
|
|
|
|
Scope of Representation
|
Agreement to release counsel if future conflict arises
|
RI-183,
|
|
|
Ambiguous fee agreement
|
R-11,
RI-184,
|
|
|
Appeal, duty to preserve client's right to
|
R-11,
|
|
|
Bankruptcy adversary proceedings, duty to represent
|
RI-184,
|
|
|
Client fails to follow up for further assistance
|
RI-154,
|
|
|
Duty to disclose limitations of, when providing unbundled legal services to pro se litigant
|
RI-347,
|
|
|
Failure to communicate settlement offer
|
RI-171,
|
|
|
Limitation by agreement with client in bankruptcy proceeding
|
RI-348,
|
|
|
Limited by lawyer's contract with court
|
JI-050,
|
|
|
Limited by payor of lawyer's fee
|
RI-132,
|
|
|
Limited by using subsidiary firm
|
RI-326,
|
|
|
Prosecutor representing government agency only until conflict arises
|
RI-183,
|
|
|
Settlement offers, decision of client
|
RI-076,
|
|
|
Screening
|
Abstention from participation as public officer ineffective
|
RI-094,
|
|
|
|
|
Assistant prosecutor married to presiding judge
|
JI-101,
|
|
|
Clients solicited by nonlawyer agents
|
RI-191,
|
|
|
Conflict with current client, screening does not vitiate
|
RI-139,
RI-172,
|
|
|
Conflict with former clients
|
70 MBJ 440 (May 1991),
|
|
|
"Directly adverse" conflict cannot be cured by screening
|
RI-139,
RI-172,
|
|
|
Firm screened from clients brought to firm by new lawyer
|
RI-097,
|
|
|
|
|
Imputed disqualification exception
|
R-004,
RI-097,
RI-172,
|
|
|
Lawyer screened when joining new firm
|
R-004,
RI-285,
|
|
|
|
|
|
|
Paralegal for opponent hired as lawyer
|
RI-285,
|
|
|
Preventing firm disqualification—client adjudicated by firm member
|
RI-288,
|
|
|
Previous employment with opposing firm
|
R-004,
RI-115,
RI-284,
RI-285,
|
|
|
Previous representation of opposing party
|
R-004,
|
|
|
Prosecutor who formerly served as defense counsel
|
RI-152,
|
|
|
|
|
|
|
Secrets
|
Alleged fraud on former client
|
RI-217,
|
|
|
Client information relating to accounts receivable pledged by law firm as collateral for bank loan
|
RI-077,
|
|
|
Employee home addresses
|
RI-002,
|
|
|
Lawyers for insureds can be housed in insurance company offices
|
RI-338,
|
|
|
Settlement negotiations
|
RI-217,
RI-220,
RI-232,
|
|
|
Seminars
|
Advertising on-site legal advice when site inhibits protection of confidences and secrets
|
RI-141,
|
|
|
Coercion to make legal decisions at site
|
RI-141,
|
|
|
Dividing registration fee with nonlawyer organizer
|
RI-141,
|
|
|
Free legal seminar
|
RI-081,
|
|
|
Independent legal advice, attendee opportunity for
|
RI-141,
|
|
|
Lawyer setting up booth outside seminar
|
RI-099,
|
|
|
Legal counseling allegedly delivered at site
|
RI-141,
|
|
|
Seminar to identify similar claimants
|
RI-081,
|
|
|
Sentencing
|
"Authorized by law"
|
JI-048,
JI-055,
|
|
|
Community service offered in exchange for contribution to judicial charity
|
JI-048,
|
|
|
Community service to compile statistics on judicial candidates
|
JI-107,
|
|
|
defendant's choice of rehabilitation programs to attend
|
JI-064,
|
|
|
Judge sits on board where defendant sentenced
|
JI-064,
JI-066,
|
|
|
Highway clean up, sponsored by advocate
|
RI-251,
|
|
|
Incarceration alternatives limited to service or rehabilitation
|
JI-064,
|
|
|
Parole hearing, lawyer disclosing client behavior
|
RI-261,
|
|
|
Prosecutor sits on board where defendant sentenced
|
RI-208,
|
|
|
Requiring payment of monies to charitable organization
|
JI-048,
JI-055,
JI-064,
|
|
|
Sentence affected by board membership of judge or prosecutor
|
JI-064,
JI-066,
RI-208,
|
|
|
Settlements
|
Client/lawyer disputes limited to alternate dispute resolution
|
RI-257,
|
|
|
Conditioned on reduction of attorney fee
|
C-235,
|
|
|
Decision of client to accept
|
RI-076,
|
|
|
Delays in finalizing settlements, duty to report lawyer
|
RI-149,
RI-171,
|
|
|
Duty to convey offer to resolve through ADR
|
RI-255,
|
|
|
Failure to communicate to client
|
RI-171,
|
|
|
Fraud alleged perpetrated against former client, disclosure
|
RI-217,
|
|
|
Limiting liability of lawyer
|
RI-002,
RI-196,
|
|
|
Malpractice claims limited to arbitration
|
RI-196,
|
|
|
Medical provider creditor in bill dispute with client inhibits settlement of case
|
RI-215,
|
|
|
Negotiating directly with represented party
|
RI-145,
RI-171,
|
|
|
Negotiating without presence of opposing counsel
|
RI-145,
RI-171,
|
|
|
Obligations upon receipt
|
R-021,
|
|
|
Promise not to file grievance
|
RI-220,
RI-232,
|
|
|
Secret litigation settlement
|
77 MBJ 950 (Sep 1998),
|
|
|
Stipulation not to file grievance
|
RI-088,
RI-196,
RI-220,
RI-232,
RI-257,
|
|
|
Threat to file criminal charge
|
RI-078,
|
|
|
Threat to file grievance
|
RI-088,
RI-220,
|
|
|
Withdrawal when clients dispute acceptance of mediation award
|
RI-134,
|
|
|
Small Claims
|
Court assistance to parties
|
A/O 92,
|
|
|
Record of proceedings, Judge's duty to make
|
A/O 88,
|
|
|
Televising proceedings
|
A/O 30,
|
|
|
Unauthorized practice of law
|
A/O 92,
70 MBJ 442 (May 1991),
|
|
|
Social Media Use—Judges
|
Conducting campaign on social media account
|
|
|
|
Solicitation by campaign committee
|
|
|
|
Support charitable organizations
|
|
|
|
No individual publication of specific charitable donation by judge
|
|
|
|
Judge’s name and photograph on charitable organization’s website or social media platform
|
|
|
|
Solicitation
|
By judge for charitable/civic purpose
|
J-001,
JI-033,
JI-048,
Matter of Merritt,
431 Mich 1211 (1988),
|
|
|
By judge from other judges
|
A/O 61,
|
|
|
By judge on behalf of third parties
|
J-001,
JI-003,
JI-049,
|
|
|
By judges' organization
|
JI-033,
JI-049,
A/O 43,
|
|
|
By judicial candidate prohibited
|
JI-001,
A/O 24,
Matter of Hotchkiss,
415 Mich 1101 (1982),
|
|
|
Cash donations to support judicial softball players
|
JI-054,
|
|
|
Covering expenses only, not for profit
|
JI-049,
|
|
|
$100 solicitation limit per election
|
JI-001,
|
|
|
$100 solicitation limit per PAC
|
JI-002,
|
|
|
$100 solicitation limit per lawyer
|
JI-001,
|
|
|
Nonjudge for organization of judges
|
JI-033,
JI-049,
A/O 43,
|
|
|
Sentences involving charitable contributions
|
JI-048,
JI-055,
JI-064,
|
|
|
Testimonial dinner
|
JI-049,
A/O 95,
|
|
|
After telephone consultation
|
RI-009,
|
|
|
Agents used to identify and contact clients
|
RI-191,
Matter of Jaques,
401 Mich 516 (1977),
On Remand 407 Mich 26 (1979),
|
|
|
Announcements sent to former firm's clients
|
RI-049,
|
|
|
Booth outside seminar
|
RI-099,
|
|
|
By president of legal insurance corporation
|
RI-018,
|
|
|
By third party for judge participation
|
J-001,
|
|
|
Changing firms
|
RI-086,
RI-245,
76 MBJ 84 (Jan 1997),
69 MBJ 154 (Feb 1990),
|
|
|
Clients of former firm
|
76 MBJ 84 (Jan 1997),
69 MBJ 154 (Feb 1990),
|
|
|
Communications about physical location as law office without dedicated office space
|
RI-355,
|
|
|
Court order authorizing
|
RI-042,
|
|
|
Customers of lawyer's nonlaw business
|
RI-135,
RI-198,
|
|
|
Departing lawyer
|
RI-086,
RI-245,
76 MBJ 84 (Jan 1997),
69 MBJ 154 (Feb 1990),
|
|
|
|
|
Door-to door salespeople of trust kits
|
RI-325,
|
|
|
Group advertising plan
|
RI-009,
|
|
|
Improper follow up with prospective client
|
RI-009,
|
|
|
|
|
|
|
Insurance customers
|
RI-135,
|
|
|
Letter regarding lawyer's services in "newcomer" packets
|
RI-169,
|
|
|
Letter to beneficiaries of escheated funds
|
RI-193,
|
|
|
|
|
Misleading information from referring lawyer to referred clients
|
RI-224,
|
|
|
Nonlawyers soliciting for lawyer
|
RI-147,
|
|
|
Physician asked to refer patients to lawyer
|
RI-205,
|
|
|
Referral service participation
|
70 MBJ 146 (Feb 1991),
|
|
|
Referring lawyer recontacting referred clients
|
RI-224,
|
|
|
Runners
|
In Re Woll,
387 Mich 154 (1972),
|
|
|
Selling insurance to lawyer's law customers
|
RI-135,
|
|
|
Seminar to identify similar claimants
|
RI-081,
|
|
|
Seminar information booth
|
RI-099,
|
|
|
|
|
Trust kit salespeople
|
RI-325,
|
|
|
Using intermediary to meet with clients
|
RI-325,
|
|
|
Bar association solicitation to lawyers from judge
|
A/O 79,
|
|
|
By third party for judge participation
|
J-001,
|
|
|
Charitable/civic organizations
|
J-001,
A/O 83,
|
|
|
Educational foundation activities
|
A/O 83,
|
|
|
Sports event with judicial participants funded by lawyers
|
JI-054,
|
|
|
Spouses
|
Statements of Position
|
Endorsement of judicial candidate by judge
|
JI-095,
|
|
|
Endorsement of judicial candidate
|
JI-081,
JI-095,
A/O 13,
A/O 24,
A/O 52,
A/O 53,
A/O 55,
A/O 57,
A/O 108,
|
|
|
Endorsement of nonjudicial candidate
|
JI-030,
A/O 60,
A/O 103,
|
|
|
Endorsement of pro-business or pro-union interests
|
JI-052,
JI-065,
|
|
|
Public statements by judge on behalf of judicial candidate
|
A/O 13,
|
|
|
Authoring publications
|
JI-076,
A/O 97,
|
|
|
Character reference from judge
|
JI-041,
A/O 67,
|
|
|
Divorce pamphlet for nonlawyers
|
JI-076,
|
|
|
Editing political journal
|
JI-099,
|
|
|
|
|
Ballot proposals, judicial candidate stating opinion on
|
JI-027,
C-219,
C-222,
C-237,
|
|
|
Criticizing case decisions of incumbents
|
C-227,
|
|
|
Criticizing incumbent judges
|
JI-004,
C-219,
69 MBJ 820 (Aug 1990),
|
|
|
Debates
|
JI-027,
69 MBJ 820 (Aug 1990),
|
|
|
Discussing positions on political issues
|
JI-027,
C-219,
C-222,
C-237,
|
|
|
Misleading ad placing decision-making blame on incumbent judges
|
JI-004,
|
|
|
Opinions on ballot proposals
|
JI-027,
C-219,
C-222,
C-237,
|
|
|
Partisan political activity
|
JI-010,
JI-030,
Matter of Bennett,
403 Mich 178 (1978),
|
|
|
Pledges of performance in office
|
JI-004,
C-219,
|
|
|
|
|
|
|
Statements on philosophy
|
JI-027,
C-219,
C-222,
C-227,
|
|
|
Surveys
|
JI-082,
C-222,
C-237,
69 MBJ 820 (Aug 1990),
|
|
|
AIDS awareness ribbon worn on judicial robes
|
JI-068,
|
|
|
Ballot proposals
|
C-237,
A/O 14,
|
|
|
Eliminating adult education
|
JI-108,
|
|
|
Millage campaign participation
|
JI-046,
|
|
|
Scholarship to seminar for women leaders
|
JI-075,
|
|
|
Surveys
|
JI-082,
C-222,
C-237,
69 MBJ 820 (Aug 1990),
|
|
|
Union resolution concerning plant closings, endorsed by judicial officers
|
JI-052,
|
|
|
Sentencing practices favoring certain charities
|
JI-048,
JI-055,
JI-064,
|
|
|
Statutes of Limitation
|
Effect on duty to file
|
R-009,
|
|
|
Running before investigation complete
|
R-009,
|
|
|
Subpoena
|
Substantially Related Representation
|
Supervisory Duties
|
For-profit matching services
|
|
|
|
Allowing magistrate to exceed authority
|
In Re Somers,
384 Mich 320 (1971),
|
|
|
Attorney license, duty to verify
|
JI-026,
71 MBJ 1061 (Oct 1992),
|
|
|
|
|
Conflict screening
|
R-004,
|
|
|
|
|
Court officials verifying attorney licenses
|
JI-026,
|
|
|
Criminal matters
|
In Re Somers,
384 Mich 320 (1971),
|
|
|
Disciplined lawyers as employees
|
71 MBJ 1188 (Nov 1992),
|
|
|
Failure to confirm facts of employee's interview with client
|
RI-128,
|
|
|
Failure to review documents drafted by employees
|
RI-128,
|
|
|
Intake information obtained by nonlawyer employee
|
RI-123,
RI-128,
|
|
|
Law firm "leasing" lawyer employees
|
RI-310,
|
|
|
Law graduates as employees
|
71 MBJ 1061 (Oct 1992),
|
|
|
Lawyer as court employee handling juvenile matters
|
JI-050,
|
|
|
Lawyer named as deed preparer
|
RI-298,
|
|
|
"Leased" lawyers working for law firm
|
RI-310,
|
|
|
Legal assistant acting as intermediary between lawyer and client
|
RI-128,
|
|
|
Legal assistant handling administrative agency matter
|
RI-125,
|
|
|
|
|
Nonlawyer intermediary to client prohibited
|
74 MBJ 438 (May 1995),
|
|
|
Partner's liability for lawyer employee's ethics
|
In The Matter of Crane,
400 Mich 484 (1977),
|
|
|
Preventing unauthorized practice of law
|
JI-026,
|
|
|
Record retention plan
|
R-005,
|
|
|
Signatories on trust account
|
RI-107,
|
|
|
Subordinate lawyers
|
RI-149,
|
|
|
Temporary lawyers working for law firm
|
RI-310,
|
|
|
Trust account handling
|
R-007,
RI-092,
RI-107,
|
|
|
Verifying attorney licenses
|
JI-026,
71 MBJ 1061 (Oct 1992),
|
|
|
Suspension
|