Ethics Opinion Search by Topic

This Index includes:

  • All ethics opinions released from October 2, 1988, through the present
  • Formal ethics opinions interpreting the former Michigan Code of Professional Responsibility
  • Judicial Tenure Commission Advisory Opinions
  • Michigan Supreme Court cases involving lawyer and judicial discipline
  • Essays and articles from the Michigan Bar Journal

Opinions interpreting the Michigan Rules of Professional Conduct are denoted "R" for formal opinions and "RI" for informal opinions. Opinions interpreting the Michigan Code of Judicial Conduct are denoted "J" for formal opinions and "JI" for informal opinions. Formal opinions interpreting the former Michigan Code of Professional Responsibility are denoted "C". Advisory Opinions of the Judicial Tenure Commission are denoted "A/O". Articles published in the Michigan Bar Journal are cited "[volume] MBJ [page] (date)".

Copyright held by State Bar of Michigan, All Rights Reserved

Notice to Lawyers:
State Bar of Michigan ethics opinions are advisory and non-binding in nature. This index is a complete historical catalog. Some of the listed ethics opinions, though not expressly superseded in subsequent ethics opinions, may be nonetheless outmoded or no longer sound due to subsequent changes in case law, statutes, or court rules. Practitioners are urged to thoroughly research all sources to determine the current validity of any given ethics opinion.

Common Citations

The following citation abbreviations are used in this Index.

"A/O" Opinions issued by the Judicial Tenure Commission interpreting the Michigan Code of Judicial Conduct
"C" Formal ethics opinions interpreting the former Michigan Code of Professional Responsibility
"CI" Informal ethics opinions interpreting the former Michigan Code of Professional Responsibility
"J" Formal ethics opinions interpreting the Michigan Code of Judicial Conduct
"JI" Informal ethics opinions interpreting the Michigan Code of Judicial Conduct
"MBJ" Michigan Bar Journal, monthly publication of the State Bar of Michigan
"R" Formal ethics opinions interpreting the Michigan Rules of Professional Conduct
"RI" Informal ethics opinions interpreting the Michigan Rules of Professional Conduct
"Op" Opinions interpreting the former Canons of Professional Ethics or the former Canons of Judicial Ethics.

Search by Opinion Number or Keywords

Click here to use the "quick find" by opinion number or to search the full text of our ethics opinion collection.

Index

For the researcher's convenience, this list is provided to show the topics used for indexing authorities in this volume.

Federal Practice

Fees

Fee Splitting

Files of Client

Financial Interests

Firm Name

Forgery

Former Client

Forwarding Business

Former Law Firm

Fraud

Frivolous Suits

For-Profit Matching Services

Federal Practice

Applicability of ethics rules

Fee Splitting

For-profit matching services

Fees

Consultation fees

Discounts

Donations

Fee schedule

"No fee unless recovery"

Accounting to client

Adjustments in fee agreement after work performed

Ambiguous in fee agreement

Apportionment among third parties benefited by services

Assisting client to proceed pro se

Billing multiple clients for work during same time period

Charging fee for grievance defense

Charging for withdrawal

Court-awarded sanctions

  •  73 MBJ 1085 (Oct 1994),

Disciplined lawyer

Division of fee with out-of-state attorney

Divorce case, "results obtained" or "value added" provision

Duty to review reasonableness of fee before collection

"Earned" portions of fixed fee

Fixed fee refund

Installment recovery

Interest on past due accounts

  •  70 MBJ 948 (Sep 1991),
  •   76 MBJ 986 (Sep 1997),

Interrupted representation

  •  75 MBJ 294 (Mar 1996),

Mixed fee, hourly/percentage/fixed

No-fault insurance representation

"Nonrefundable" retainer refund

Out-of-state attorney, division of fee

PIP claims

Present value of pension benefits

Property execution against client exceeds fee owed

"Quantum meruit" calculated

"Reasonableness" of fee

Reviewability by court

Scope of representation affects calculation

Setting aside settlement

Settlement negotiation on merits

Surcharges

Assignment of receivables while representing debtor

Bypassing trust account

Court-appointed receiver charging to defend grievance

Court-awarded fees

Court awarded sanctions

Credit card arrangement for client fees

Disciplined lawyer

Disputed fees—court awarded sanctions execution against client property

Hospital charged for no-fault representation

Insufficient funds to pay client judgment and fee award

Litigation while still representing client prohibited

Pursuing fee award when client judgment unsatisfied

Receiver charging fees to defend grievance

Sanctions ordered by court—division with client

Written fee agreement—court awarded sanctions

Accounts receivable information disclosed to bank

Fee arrangement

  •  75 MBJ 822 (Aug 1996),

Reporting cash transactions over $10,000

Revealing amount to opposing party as part of settlement negotiation of client's matter

Attorney fee as part of negotiated settlement on merits

Commission from real estate broker for referring customers

Court awarded sanctions

Disputed fees—court awarded sanctions

Forwarding client to nonlawyer for services, collecting fee

No-fault claim and medical providers

Sanctions ordered by court—division with client

Screening disqualified lawyer from participation in fee

Segregating transferred lawyer from fee

Transferring lawyer screened

Use of subsidiary firm to limit fees

Written fee agreement—court awarded sanctions

Appeal, no extra charge

Arbitration clause as part of agreement

Client consent to referral service portion

Contested referral fee

Contingent fee agreement, portion for successor lawyer

Deposit in interest-bearing trust account until earned

Disbursing trust funds

Failure to perform when not paid

  •  In Re Daggs,
  •   384 Mich 729 (1971),

Judicial objection to attorney fee

Lawyer testifying; firm disqualification

Liens, charging

  •  68 MBJ 856 (Sep 1989),
  •   73 MBJ 690 (Jul 1994),

Liens, retaining

  •  68 MBJ 856 (Sep 1989),
  •   73 MBJ 690 (Jul 1994),

Liens, security interest

  •  RI-040,
  •   68 MBJ 856 (Sep 1989),
  •   73 MBJ 690 (Jul 1994),

Notice to medical providers on no-fault claim

Property execution exceeds fee owed

Stipulation for withdrawal when not paid

Unearned fees deposit in trust account

When available only on percentage basis

Assignments of receivables

Calculation dispute

Court award against client real estate

Credit card arrangement for clients

Disbursement dispute

Failure to perform when lawyer not paid

  •  In Re Daggs,
  •   384 Mich 729 (1971),

Insurance policy on life of client to secure fee

Interest on unpaid accounts

  •  76 MBJ 986 (Sep 1997),

Liens, charging

  •  68 MBJ 856 (Sep 1989),
  •   73 MBJ 690 (Jul 1994),

Liens, judgment

Liens, retaining

  •  68 MBJ 856 (Sep 1989),
  •   73 MBJ 690 (Jul 1994),

Liens, security interest

Mortgage interest to secure

Remedies

  •  68 MBJ 856 (Sep 1989),
  •   73 MBJ 690 (Jul 1994),

Reporting unpaid bills to credit reporting agency permissible only under certain conditions

Security interest

Stipulation for withdrawal when not paid

Suit for unpaid fees against current client

Appeal, no provision for taking

Arbitration clause in attorney/client fee agreement

Bequest to particular beneficiary

Bypassing trust account

Client agreeing to pay lawyer's malpractice premium

Consent of client for division of fee

Conservator as client/contingent fee

Contingency fee re-negotiating with client

Contingent fee agreement silent concerning appeal

Contingent fee divided with out-of-state attorney

Contingent fee divided with suspended lawyer

Contingent fee for independent contractor

Contingent fee for insurance benefits owed fiduciary client

Disclosure of details of fixed fee for representing insured not required

Discounts for special clients

Discounts for specific services

Discounts as incentives for membership in organization

Divorce case, "results obtained" or "value added" provision

Donation of fee to charitable purpose

Escheated funds

Fee division with law firm

Fees paid by third party

Fixed fees

Flat fee, insufficient for adequate representation

Hourly/percentage rate, greater of

Hourly/percentage rate, lesser of

Independent judgment—fees paid by third party

Insurance policy on life of client to secure fee

Installment recovery

Insurer paying fixed fee cannot require lawyer not to disclose fee basis to client

Interest charged on unpaid client accounts

  •  70 MBJ 948 (Sep 1991),

Lawyer departing firm

Lawyers in different firms

Limited to specific advice

Limiting liability in retainer agreement

Mixed fee, client pays greater of two calculations

Mixed hourly/percentage rate

Mortgage on client property to secure fee

Parent paying for representation of minor child

Partnership agreement

Probate and wrongful death action charged at different rates

"Reasonableness" of fee agreement

Reduced billing for limiting liability of lawyer

Re-negotiating contingency fee agreement

Reviewable by court

Set by contract with referral agency

Stipulation for withdrawal if fee not paid

Third party limiting advice or services

Transportation time to and from court

Accepting credit card payments for advance legal fees

Advising client of available fee options

Allocating attorney fees to class action clients

Attorney fees allocated to class action clients

Costs, client responsible for court costs

Conflict of interest and acceptance of referral fee

Foreclosure exceeds fee owed

Installment recovery, how fee paid

Insurance policy, lawyer beneficiary on client life

Interest on unpaid client accounts

  •  70 MBJ 948 (Sep 1991),

Limited to specific advice

Mortgage on client property to secure fee

Set by contract with referral agency

Third party limiting advice or services

Witness fees

Alimony, collection of

Collection cases taken on percentage basis

Commission from nonlawyer for referring business

Contingency fee—re-negotiating with client

Consultant contract with law firm

Contingent fee agreement, portion for successor lawyer

Contingent fee for renegotiating settlement

Contingent fee in collection case

Contingent fee in domestic relations cases

Court-awarded sanctions

  •  73 MBJ 1085 (Oct 1994),

Divorce case, "results obtained" or "value added" provision

"Earned" portions of fixed fee

Fixed fee, refunds

Fixed fee arrangement terminated

Fixed fee for subsidiary firm

Hourly rate to submit to deposition

Interest on unpaid client account

  •  70 MBJ 948 (Sep 1991),

Late fees

Mixed fees consisting of hourly/percentage/referral

Nonrefundable retainers, criteria

Nonrefundable retainers deposited in operating account

Referral fee

Referral fee from insurance agent

Referral service participation

  •  70 MBJ 146 (Feb 1991),

Re-negotiating contingency fee agreement

Retainer, accepting without instruction concerning work

Retainer, nonrefundable

Retainers deposited in trust account

Statutory attorney fees

Subsidiary firm charging fixed fee

Surcharges

Transferred lawyer, screened from fee

Transportation time charged to client

Witness fees

Ambiguity interpreted for client

Appeal not covered in trial contract

Arbitration of fee disputes

Client agreeing to pay lawyer's malpractice premium

Contingent fee based upon future recovery

Interest charges

  •  70 MBJ 948 (Sep 1991),

Lawyer departing firm

Lawyers in different firms

Limiting liability in retainer agreement

Mixed fee arrangements

Nonrefundable retainer

Partnership agreement—division of fees

Reduced billing for limiting liability of lawyer

Security interest to secure fee

Files of Client

Access to information about client of former firm

"Client property"

Copying costs

Damaged client files

Declined representation

Departing lawyer

File is property of lawyer

Held by discharged lawyer until costs paid

Microfilm in lieu of paper file

Lien

  •  68 MBJ 856 (Sep 1989),
  •   70 MBJ 1196 (Nov 1991),
  •   73 MBJ 690 (Jul 1994),

Notice regarding disposition of closed representation files

Ownership of representation file

Record retention plan

Referral agreement—new client against firm

Retaining lien

Retiring lawyer

Returning file to client

Successor counsel not responsible for client's arrearages

Withholding file until fee is paid

  •  RI-203,
  •   70 MBJ 1196 (Nov 1991),
  •   68 MBJ 856 (Sep 1989),
  •   68 MBJ 360 (May 1989),

Financial Interests

Accepting referral from investment firm

Alternate dispute resolution business, waiver of liability

Attorney advocate in matter

Collateral for law firm bank loan

Disclosure by judge

Disqualification of judge—firm purchasing Judge's former practice

Divestiture by judge

Financial connection between judge and advocate

Judge as landlord to lawyers

Judge failing to report outside income

  •  Matter of Jenkins,
  •   437 Mich 15 (1991),

Judge negotiating personal loan from estate

  •  In Re Graham,
  •   366 Mich 268 (1962),

Judge receiving pro bono legal services

Law firm buying Judge's former practice appearing before judge

Lawyer named as personal representative without bond

Loan for law firm, revealing accounts receivable

Pension plan of judge

Referral fee from investment firm

Regular or one-time disbursements to judge

Spouse of judge as landlord to lawyers

Waiver of liability, nonlaw business

Firm Name

Common name not previously affiliated with firm

"Continuing succession"

Deceased lawyer

Employee of firm in name of firm

Former shareholder remaining with firm as employee

Franchising firm name as trade name

Inferring multiple offices

Historical landmark in firm name

"Honorable" being used by former judge

Lawyer and medical professionals

Lawyer no longer associated with firm

Lawyer not in fact partner or shareholder

Liability when office-sharers use joint name

  •  American Casualty Co. v. Costello,
  •   174 Mich App 1 (1989),

Limited Liability Company

Misleading ads, inferring more than one lawyer

"Of counsel"

Professional corporation held out as partnership

Professional corporation with name of out-of-state lawyer

Retaining title "Honorable" when entering private practice

Retired shareholder

Shareholder name in PC name

Subsidiary firm

Trade names

Unassociated lawyers

Using "Honorable" in letterhead

Domain Name

Forgery

Client fraud

Conduct as lawyer results in removal

  •  Matter of Loyd,
  •   424 Mich 514 (1986),

Misconduct as attorney resulting in removal from office

  •  Matter of Ryman,
  •   394 Mich 637 (1975),

Former Client

Former defense counsel becomes prosecutor

Insurance defense counsel transfers to plaintiff firm

Screening

Address of former client

Collection of judgment affected by prospective case

Consultation not resulting in representation

Current client's alleged fraud against former client

Disqualified prosecutor may not select special prosecutor

Joint client privilege vis-a-vis each other

Likelihood that confidential information will be used or disclosed

Nonpublic information relevant to subsequent case

Adverse to former client's recovery under judgment

Real estate claim against former client's property settlement

Judicial discretion in granting motions

Tactical motions

Access to information about client of former firm

Adversary of

Arising out of same incident with same parties

Assisting prospective client against

Changed circumstances as affecting

Child custody dispute with former client as interested person

City attorney presiding as hearing officer in matters related to city client's insurer

Confidentiality breach inevitable, disqualification

Confidentiality breach possible

Confidentiality duties to prospective client

Conflict screening

Consent to related representation

Corporation objecting to former counsel's representation

Custody dispute, spouse of former client

Defending client against

Disclosure of illegal activity

Discrimination suit against company lawyer formerly represented in discrimination matter

Divorce and land foreclosures

Divorce matter against same opponent

Divorce representation against former divorce client

Firm of transferring lawyer

Former prosecutor serving as judge

Hearing matter as referee

Illegal conduct of

Imputed disqualification after initial consultation

Initial consultation triggering disqualification

Initial interview by nonlawyer employee

Insured's claim against insurer formerly represented with insured

Insurer which regularly forwards business as adverse party in unrelated matter

Interference with ability of client to collect judgment

Joint clients in new dispute

Judgment for former client affected in current representation

Lawyer changing firms

lawyer's duty to prove no conflict

Likelihood that confidential information is relevant

Of former firm

Of former firm, representing adversary

Overlap of factual or legal issues with current representation

Property dispute awarded to former client

Prospective client causing later disqualification

Real estate claim against former client's property settlement

Representing unrelated client against insurer who regularly forwards business

Scope of representation makes unintentional breach of confidences inevitable

Shareholder against former client corporation

Subject matter same as current representation

Subsequent representation depleting assets available to satisfy client's judgment

Time passage as affecting

Transferring lawyer

Transferring nonlawyers

Will beneficiaries against former client personal representative

Witness in former client's proceeding

Adequacy

Imputation to assistant prosecutors

Not acceptable once conflict arises

Consultation not resulting in representation

Screening does not avoid duty

Timeliness

Unavailability of substitute counsel not an excuse

Former Law Firm

For-Profit Matching Services

Participation is unethical

Forwarding Business

From independent document preparation service

From lawyer's document preparation service

From lawyer's financial planning business

From lawyer's insurance business

From nonlaw business

  •  74 MBJ 438 (May 1995),

From lawyer's title insurance company

From marital counseling service

From physician

Financial planning business owned by lawyer

Insurance business owned by lawyer

lawyer's total fee in contingency matter limited to 1/3

Payment to lawyer

Percentage of nonlawyer's fee charged to client

Real estate brokerage

Title insurance company owned by lawyer

Fraud

Assisting client's illegal or fraudulent act

Bankruptcy fraud

client's fraudulent acts

Fraudulent alteration of deeds before becoming judge

  •  Matter of Ryman,
  •   394 Mich 637 (1975),

Fraudulent conveyance, duty to rectify

Investment fraud, identifying victims

Set aside divorce judgment for fraud

Submitting applications in name of deceased person

  •  Matter of Hotchkiss,
  •   411 Mich 1135 (1981),

Suspicion of client fraud insufficient to allow disclosure

Tax fraud of parties, Judge's reporting duty

  •  A/O 89,

Frivolous Suits

Duty to dismiss

Duty to investigate

"Reasonable investigation"

Relying on client's version of facts