Ethics

Recent Developments

While we all face uncertainty dealing with COVID-19, the SBM’s Ethics department has published a guideline of Ethics During the COVID-19 Pandemic to help during this trying time.

Learn More About Rule 21 button

Ethics Seminar

Lawyer Trust Accounts Seminar: Management Principles & Recordkeeping Resources

Tuesday, March 21, 2023

Tuesday, June 27, 2023

Tuesday, October 24, 2023

This half-day webinar features presentations on the ethical management of lawyer trust accounts and the effective use of forms, checklists, and other recordkeeping resources.

For more information and to register, click here.

 

Tips and Tools for a Successful Practice

Tuesday, April 4, 2023

Tuesday, October 17, 2023

This full-day webinar is an excellent opportunity for solo practitioners and new lawyers to obtain ethical guidance and practical information regarding client relationships, conflicts of interest, fee agreements, avoiding discipline, and technology.

For more information and to register, click here.

 

Ethical Perspective—Articles from the Michigan Bar Journal

Month/Year Author and Title (Note: all columns dated October 2021 and before are PDFs.)
March '23 Joe Rivet and Alecia M. Chandler—The reality of fraud
February '23 Robinjit K. Eagleson—Looking back at 2022: Ethics news
December '22 Robinjit K. Eagleson—The ethics in publicity
November '22 Alecia M. Chandler—Embrace the right to a second opinion
October '22 Michael S. Leib and Kenneth M. Mogill—The new MRPC 1.19
September '22 Hon. Christopher S. Ninomiya—Pernicious politics: It's time to bench Partisan politics from the bench
July/August '22 Alecia M. Chandler—The ins and outs of the lawyer trust account
June '22 Alecia M. Chandler—Stop sending subpoenas to attorneys for protected information
May '22 Robinjit K. Eagleson—Duty to court vs. duty to client: Balancing MRPC 1.6 and 3.3
April '22 Robinjit K. Eagleson—Media ethics: Think before you post: The line between accuracy and sensationalism
March '22 Robinjit K. Eagleson—The helpline helps
February '22 Robinjit K. Eagleson—Addressing the gray areas
December '21 Alecia M. Chandler & Robinjit K. Eagleson—A guide to locating ethics resources
October '21 Edward J. Hood—Welcome Guidance on a Lawyer’s Duties to Prospective Clients

 

Succession Planning

Ethics Opinions

Issued in 2023

RI-386 Ethical Representation of a Client Under a Disability.

JI-154 Eliciting of Information from Counsel to Adjudicate a Motion to Withdraw

Issued in 2022

RI-385 An attorney may not utilize a keyword advertising campaign that involves using the name of another attorney, law firm or attorney’s or law firm’s tradenames without the express consent of the other attorney or law firm.

RI-384 Lawyers and law firms must ensure that all funds maintained within an IOLTA are accounted for.

JI-153 Disclosure to All Parties of Prior Relationship and Child in Common

JI-152 Judge Participating on Election Planning Committee

RI-383 Supervision of Lawyers in Legal Services Programs by Lawyer or Non-Lawyer Supervisors

JI-151 Simultaneous Employment as Quasi Judicial Officer and Law Clerk

R-26 Responding to Negative Online Reviews

Issued in 2021

RI-382 Ethical Implications for Michigan Attorneys Interacting with Out-of-State Counsel

JI-150 Referral Fees Earned Prior to Assuming the Bench

Issued in 2020

JI-149 A judge consulting with another judge to seek guidance in carrying out the judge’s adjudicative responsibilities.

JI-146 A judge, judge’s family member, or staff member may accept gifts that are considered “ordinary social hospitality” but should not accept any other gifts from persons who may appear before the judge.

RI-381 Lawyers have ethical obligations to understand technology, including cybersecurity.

Issued in 2019

JI-148 A judge supporting charitable organizations on social media.

JI-147 Judicial officers’ and candidates’ campaign activity on social media account.

RI-380 Ethical duties of an out-of-state lawyer who moves to Michigan and applies for admission.

RI-379 An attorney who serves as an arbitrator or mediator of an IOLTA account.

RI-378 A lawyer’s obligation when terminating representation based upon a client’s refusal to accept a plea agreement in a pending criminal case.

 

Ethics Frequently Asked Questions (FAQs)

General Attorney FAQs

Cybersecurity FAQs

Disqualified Lawyers FAQs—lawyers who are suspended, disbarred, inactive, or have resigned from membership

IOLTA FAQs

Judicial Campaigns Ethics FAQs

Judicial Ethics FAQs

Judicial Social Media FAQs

 

Michigan Ethics Opinions

The State Bar of Michigan is pleased to provide this service to our membership to assist Michigan lawyers in researching ethics inquiries free of charge. This service provides the full index to Michigan ethics opinions, both professional and judicial, with links to all ethics opinions released since October 1988 using the citation abbreviations at common citations.

There are four ways to search for Michigan ethics opinions using our online service. If you know the opinion number, click on Quick Find by opinion number and enter it in the "get opinion" box. If you would like to search the text of the ethics opinions, click on Search full text of ethics opinion collection and insert key word text in the search criteria box. If you would like to search for ethics opinions by subject matter click on online index to review the topic index and tables of opinions. If you would like to search for ethics opinions interpreting specific rules of the Michigan Rules of Professional Conduct (MRPC) or specific canons of the Michigan Code of Judicial Conduct, click on Opinions interpreting MRPC or Opinions interpreting MCJC to review the tables of opinions.

If you would like to request a written ethics opinion regarding a particular issue, click on written Ethics Opinion to obtain instructions for submitting your written request.

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.

Ethics Helpline—(877) 558-4760

The SBM Ethics Helpline is reserved for attorneys, judges, and law students to discuss ethics issues. If you are looking to find an attorney, please contact the Lawyer Referral Service at (800) 968-0738 or if you are in need of other assistance from the SBM, please contact the main line at (517) 346-6300.

Members may contact the SBM Ethics Helpline at (877) 558-4760 to receive a confidential, informal advisory opinion from a staff attorney regarding an ethics issue pertaining to the inquirer's prospective conduct. The opinions of staff counsel are non-binding and advisory only.

PLEASE NOTE that complaints regarding attorneys must be directed to the Attorney Grievance Commission. Information on how to file a complaint and contact information for the Attorney Grievance Commission may be found here.

  1. Lawyers and judges who call the helpline are required to leave a confidential voicemail containing their full name, telephone number, P number, and short description of the question. Calls are generally returned within one business day.
  2. Calls to the ethics helpline are confidential.
  3. Prior to calling the helpline, lawyers should review the Michigan Rules of Professional Conduct, Ethics Opinions, and Frequently Asked Questions.
  4. Staff counsel will not provide a definitive answer due to the limited information obtained during a brief and informal telephone conversation.
  5. Staff counsel will not advise on:
    • Past conduct of the inquirer;
    • The conduct of another attorney or judge, which is solely within the jurisdiction of the Attorney Grievance Commission;
    • Questions of law, as staff counsel does not provide legal advice;
    • Hypotheticals;
    • Questions that are before the Attorney Grievance Commission;
    • The subject of a pending legal proceeding where the lawyer is a defendant; or
    • The unlicensed practice of law, which is governed by statutory law, not the Michigan Rules of Professional Conduct.
  6. If you maintain malpractice insurance, you may wish to contact your malpractice insurance carrier’s helpline for assistance as well.

Members may also send an email to ethics@michbar.org. A staff attorney will respond with a phone call or provide ethics resources but will not provide an opinion in writing. To obtain an opinion in writing, see How to Request an Ethics Opinion.

Ethics Rules

Michigan Rules of Professional Conduct
Michigan Code of Judicial Conduct

Ethics Resources

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