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 Some of the listed ethics opinions, though not expressly superseded in subsequent ethics opinions, may be nonetheless outmoded or no longer sound due to subsequent changes in case law, statutes, or court rules.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.

Identity of Client

Impropriety

Imputed Disqualification

Independent Professional Judgment

Indigent Persons

Inside Counsel

Insurance

Insurance Representation

Interest, Bank

Intermediary

Internet

Investigation

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),