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 Some of the listed ethics opinions, though not expressly superseded in subsequent ethics opinions, may be nonetheless outmoded or no longer sound due to subsequent changes in case law, statutes, or court rules.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

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Index

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

Safekeeping Client Property

Screening

Scope of Representation

Secrets

Seminars

Sentencing

Settlements

Small Claims

Solicitation

Spouses

Statements of Position

Statutes of Limitation

Subpoena

Substantially Related Representation

Supervisory Duties

Suspension

Social Media Use—Judges

Safekeeping Client Property

Accepting credit card payments for advance legal fees

Deed in possession of lawyer, duty absent client instruction

Disbursements client has not cashed

Funds of missing clients

Retention schedule

Retirement from law practice

Trust account handling

Unclaimed client property

For-profit matching services

Scope of Representation

Agreement to release counsel if future conflict arises

Ambiguous fee agreement

Appeal, duty to preserve client's right to

Bankruptcy adversary proceedings, duty to represent

Client fails to follow up for further assistance

Duty to disclose limitations of, when providing unbundled legal services to pro se litigant

Failure to communicate settlement offer

Limitation by agreement with client in bankruptcy proceeding

Limited by lawyer's contract with court

Limited by payor of lawyer's fee

Limited by using subsidiary firm

Prosecutor representing government agency only until conflict arises

Settlement offers, decision of client

Screening

Abstention from participation as public officer ineffective

Adequacy

Assistant prosecutor married to presiding judge

Clients solicited by nonlawyer agents

Conflict with current client, screening does not vitiate

Conflict with former clients

  •  70 MBJ 440 (May 1991),

"Directly adverse" conflict cannot be cured by screening

Firm screened from clients brought to firm by new lawyer

Former law clerk

Imputed disqualification exception

Lawyer screened when joining new firm

New prosecutor

Nonlawyer employees

Paralegal for opponent hired as lawyer

Preventing firm disqualification—client adjudicated by firm member

Previous employment with opposing firm

Previous representation of opposing party

Prosecutor who formerly served as defense counsel

Public office conflicts

Timeliness

Secrets

Alleged fraud on former client

Client information relating to accounts receivable pledged by law firm as collateral for bank loan

Employee home addresses

Lawyers for insureds can be housed in insurance company offices

Settlement negotiations

Seminars

Advertising on-site legal advice when site inhibits protection of confidences and secrets

Coercion to make legal decisions at site

Dividing registration fee with nonlawyer organizer

Free legal seminar

Independent legal advice, attendee opportunity for

Lawyer setting up booth outside seminar

Legal counseling allegedly delivered at site

Seminar to identify similar claimants

Sentencing

"Authorized by law"

Community service offered in exchange for contribution to judicial charity

Community service to compile statistics on judicial candidates

defendant's choice of rehabilitation programs to attend

Judge sits on board where defendant sentenced

Highway clean up, sponsored by advocate

Incarceration alternatives limited to service or rehabilitation

Parole hearing, lawyer disclosing client behavior

Prosecutor sits on board where defendant sentenced

Requiring payment of monies to charitable organization

Sentence affected by board membership of judge or prosecutor

Settlements

Client/lawyer disputes limited to alternate dispute resolution

Conditioned on reduction of attorney fee

Decision of client to accept

Delays in finalizing settlements, duty to report lawyer

Duty to convey offer to resolve through ADR

Failure to communicate to client

Fraud alleged perpetrated against former client, disclosure

Limiting liability of lawyer

Malpractice claims limited to arbitration

Medical provider creditor in bill dispute with client inhibits settlement of case

Negotiating directly with represented party

Negotiating without presence of opposing counsel

Obligations upon receipt

Promise not to file grievance

Secret litigation settlement

  •  77 MBJ 950 (Sep 1998),

Stipulation not to file grievance

Threat to file criminal charge

Threat to file grievance

Withdrawal when clients dispute acceptance of mediation award

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

By judge from other judges

  •  A/O 61,

By judge on behalf of third parties

By judges' organization

By judicial candidate prohibited

  •  JI-001,
  •   A/O 24,
  •   Matter of Hotchkiss,
  •   415 Mich 1101 (1982),

Cash donations to support judicial softball players

Covering expenses only, not for profit

$100 solicitation limit per election

$100 solicitation limit per PAC

$100 solicitation limit per lawyer

Nonjudge for organization of judges

Sentences involving charitable contributions

Testimonial dinner

After telephone consultation

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

Booth outside seminar

By president of legal insurance corporation

By third party for judge participation

Changing firms

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

Court order authorizing

Customers of lawyer's nonlaw business

Departing lawyer

Direct mail

Door-to door salespeople of trust kits

Group advertising plan

Improper follow up with prospective client

In-person

Internet use

Insurance customers

Letter regarding lawyer's services in "newcomer" packets

Letter to beneficiaries of escheated funds

Mail

Misleading information from referring lawyer to referred clients

Nonlawyers soliciting for lawyer

Physician asked to refer patients to lawyer

Referral service participation

  •  70 MBJ 146 (Feb 1991),

Referring lawyer recontacting referred clients

Runners

  •  In Re Woll,
  •   387 Mich 154 (1972),

Selling insurance to lawyer's law customers

Seminar to identify similar claimants

Seminar information booth

Targeted letters

Trust kit salespeople

Using intermediary to meet with clients

Bar association solicitation to lawyers from judge

  •  A/O 79,

By third party for judge participation

Charitable/civic organizations

Educational foundation activities

  •  A/O 83,

Sports event with judicial participants funded by lawyers

Spouses

Statements of Position

Endorsement of judicial candidate by judge

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

Endorsement of pro-business or pro-union interests

Public statements by judge on behalf of judicial candidate

  •  A/O 13,

Authoring publications

Character reference from judge

Divorce pamphlet for nonlawyers

Editing political journal

Newspaper column

Ballot proposals, judicial candidate stating opinion on

Criticizing case decisions of incumbents

Criticizing incumbent judges

Debates

Discussing positions on political issues

Misleading ad placing decision-making blame on incumbent judges

Opinions on ballot proposals

Partisan political activity

Pledges of performance in office

Public debates

Slogans

  •  A/O 104,

Statements on philosophy

Surveys

AIDS awareness ribbon worn on judicial robes

Ballot proposals

Eliminating adult education

Millage campaign participation

Scholarship to seminar for women leaders

Surveys

Union resolution concerning plant closings, endorsed by judicial officers

Sentencing practices favoring certain charities

Statutes of Limitation

Effect on duty to file

Running before investigation complete

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

Campaign workers

Conflict screening

Confidentiality

Court officials verifying attorney licenses

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

Failure to review documents drafted by employees

Intake information obtained by nonlawyer employee

Law firm "leasing" lawyer employees

Law graduates as employees

  •  71 MBJ 1061 (Oct 1992),

Lawyer as court employee handling juvenile matters

Lawyer named as deed preparer

"Leased" lawyers working for law firm

Legal assistant acting as intermediary between lawyer and client

Legal assistant handling administrative agency matter

Nonlawyer employees

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

Record retention plan

Signatories on trust account

Subordinate lawyers

Temporary lawyers working for law firm

Trust account handling

Verifying attorney licenses

Suspension