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 Some of the listed ethics opinions, though not expressly superseded in subsequent ethics opinions, may be nonetheless outmoded or no longer sound due to subsequent changes in case law, statutes, or court rules.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

Real Property Law

Record Retention

Recusal

Referees

References

Referral Fees

Referrals

Reinstatement & Readmission

Release

Remittal of Disqualification

Reporting Duties

Retainer Agreements

Retired Judge

Real Property Law

Commission from broker for referring business

Construction liens to secure lawyer's fee

Consulting arrangement with nonlawyer for property tax appeals

Discharged lawyer, disposition of client's deed

Disclosure of title problems

Duties to purchasers when representing seller

Foreclosure of client property to collect lawyer fee

Fraudulent alteration of deeds before becoming judge

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

Fraudulent conveyance, duty to rectify

Judge leasing space to lawyers

Lawyer named as deed preparer

Lawyer receiving commission from broker for referral

Liens to secure lawyer's fee

Real estate claim against former client's property settlement

Real estate transactions conducted by nonlawyers

  •  Ingham County Bar Ass'N v. Neller Co.,
  •   342 Mich 214 (1955),
  •   State Bar of Mi v. Kupris,
  •   366 Mich 688 (1962),

Representing customer of own title insurance business

Reviewing title issued by own company

Quitclaim deeds issued by city attorney

Spouse of judge leasing to lawyers

Title company owned by lawyer referring clients

Title examination services by judge prohibited

  •  A/O 1,

Title insurance companies

  •  70 MBJ 1198 (Nov 1991),
  •   71 MBJ 428 (May 1992),

Title problems, lawyer's duty to disclose to transferees

Transfer of client property in lawyer's possession

Record Retention

Arbitration files not governed by ethics rules

Client "property"

Confidentiality

Damage to client's files

Declined representation

Duty to have law firm plan for retention

Effective date of duty for retention plan

Flood damage to client property

Lawyer referral service

Interview notes

Medical record retention

Microfilm in lieu of paper file

Notice regarding disposition of closed representation files

Overview

  •  74 MBJ 1196 (Nov 1995),

Proper disposition of client files by retiring lawyer

Prospective clients

Public defender office

Retention schedule for client files

Time periods for retention

Trust account guidelines

Recusal

Referees

Accepting referral fees

Acting as referee and advocate

Adjudicating and acting as advocate

Advocating and acting as referee

Appearance of part-time magistrate's firm

Domestic relations referee and liaison attorney

Dual roles—referee and advocate

Expert witness-referee testifying

FOC referee and FOC advocate

FOC referee as expert witness

Hearing matters in which participated as lawyer

Hearing matters presented by former law firm

Part-time practice

Part-time referee engaging in law practice

Part-time referee; part-time advocate

Representing clients in matter formerly before as referee

Referee who also practices law before own court

Referral fees

Testifying as expert witness

References

Judge providing personal reference

Referral Fees

For-profit matching services

Referrals

Reinstatement & Readmission

Character and fitness clearance after discipline

  •  Yashinsky v. State Bd. of Law Examiners,
  •   539 Nw2d 378 (1995),

"Clear and convincing" evidence on behalf of reinstatement required

  •  In The Matter of Freedman,
  •   406 Mich 256 (1979),

Conditions of reinstatement must be specified

  •  403 Mich 346 (1978),
  •   Grievance Adm'r v. Albert,

Denial of reinstatement on preponderance of evidence

  •  In The Matter of Freedman,
  •   406 Mich 256 (1979),

Effect of original misconduct on reinstatement

  •  438 Mich 296 (1991),
  •   In The Matter of Reinstatement of Callanan,
  •   Jr.,
  •   440 Mich 1207 (1992),
  •   In The Matter of Mcwhorter 449 Mich 130 (1995),
  •   Grievance Adm'r v. August,

Remorse as condition of reinstatement

  •  403 Mich 346 (1978),
  •   Grievance Adm'r v. Albert,

Length of time independent since incarceration

  •  In The Matter of Reinstatement of Callanan,
  •   Jr.,
  •   440 Mich 1207 (1992),

Length of time independent since probation

  •  In The Matter of Mcwhorter 449 Mich 130 (1995),

Recertification after discipline

  •  Yashinsky v. State Bd. of Law Examiners,
  •   539 Nw2d 378 (1995),

Understanding impropriety of underlying misconduct

  •  403 Mich 346 (1978),
  •   Grievance Adm'r v. Albert,

Release

Waiver of liability, guardian ad litem

Waiver of liability, nonlaw business

Waiver of liability, reduced fee

Waiver of liability, unethical conduct

Remittal of Disqualification

Consent of parties to adjudicator presiding

Reporting Duties

Disciplined lawyer's unauthorized practice

Failure to communicate settlement offer, duty to report

Filing deadlines repeatedly missed

Illegal activity of client

Inaccurate, truthful testimony of client

Judge reporting lawyer misconduct

Ethics violations of client lawyer

Ex parte contact between lawyer and judge

Extrajudicial income

Law student misconduct, duty to report

Negotiating settlement with opposing party

Opposing counsel offering unethical settlement terms

Perjury of client

Promise not to file grievance

Rectifying client misconduct

Settlement terms including promise not to file grievance

Tax fraud

  •  A/O 89,

Unauthorized practice of law

Retainer Agreements

Retired Judge

Business participation

Disqualification for business interests

Leave of absence while on judicial assignment