State Bar of Michigan Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the State Bar of Michigan, with full citations and source links on every page.
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Can a judge discuss a pending case with another judge, including over a judicial listserv, for guidance?
The opinion concluded that a judge may consult another judge, individually or by listserv, to seek guidance in carrying out adjudicative responsibilities, so long as the judge does not receive factual…
Can a Michigan judge show support for a charity on social media, and may the judge's name and photo appear on a charity's website or social media?
A judge may support a charity on social media if the organization is unlikely to appear before the judge, the judge does not coerce participation, and does not individually solicit funds; the judge's …
Can a lawyer who moved to Michigan keep practicing for clients in states where they are licensed while a Michigan bar application is pending?
The opinion concluded that an out-of-state lawyer who relocates to Michigan and applies for admission may continue working remotely from Michigan on client matters in the jurisdictions where the lawye…
Can a lawyer put a clause in the fee agreement requiring the client to arbitrate any future dispute over the representation?
Such a clause is permissible only if, before signing, the client either consults independent counsel or is fully informed in writing by the lawyer of the scope and practical consequences of the arbitr…
Can a Michigan judge serve on a board that awards grants, and must the judge recuse when a grant recipient later appears as a party?
A judge may serve on and make grant recommendations for a law-improvement organization, and is not automatically disqualified from a grant recipient's later cases, but should disclose and recuse where…
What civic and charitable activities may a judge join, and how far can a judge go in lending a name, title, or presence to an organization without crossing into soliciting funds?
A judge may serve and be listed with a bona fide civic, charitable, religious, fraternal, or educational organization, speak at or be honored at its events, and allow use of the judge's name, but may …
Can a Michigan lawyer sell legal services through a daily-deal coupon site that keeps a percentage of each purchase?
The opinion concluded that participating in coupon-type marketing where a nonlawyer vendor keeps a portion of the purchase price is impermissible fee sharing with a nonlawyer under MRPC 5.4(a), and th…
Under Michigan's amended Code, can a judge serve on the board of, or raise funds for, a nonprofit that supports the judge's problem-solving court?
A judge may sit on an honorary committee, join a general appeal, and let the judge's name be used in event advertising, but may not be an officer or director of an organization likely to appear before…
Can a Michigan lawyer who is a former judge advertise that prior judicial service in print and video ads for the law firm?
The opinion concluded a lawyer who is a former judge may make a truthful statement referring to a past judicial position, including the years it was held, in communications subject to MRPC 7.1; anythi…
Can a lawyer who is running against a sitting judge keep representing clients in cases before that same judge?
The opinion concludes there is no per se bar. The lawyer-candidate may continue the representation but must disclose the candidacy to the client at the earliest opportunity under MRPC 1.4(b) and decid…
Must a Michigan judge recuse when one of the lawyers in a case is running for the judge's own seat in the upcoming election?
No, the judge is not per se disqualified, but should disclose that the advocate is a candidate for the judge's seat and may proceed unless a timely disqualification motion is granted; no disclosure is…
Can a lawyer refer clients to a third-party lender that auto-debits the client's account to pay the lawyer's fees and waives the client's defenses?
The opinion concluded that a lawyer may not participate in such a lending scheme: it is the provision of financial assistance to a client barred by MRPC 1.8(e), it is a business transaction giving the…
Can a Michigan judge host, and accept payment for hosting, a commercially-sponsored cable television talk program?
No. Hosting a commercially-sponsored program identified with the judge uses the prestige of office to advance business interests and can reflect on the judge's impartiality; a paid host who is an empl…
Can a lawyer draft pleadings and advise a pro se litigant behind the scenes without disclosing the help to the court?
The opinion concluded that a lawyer may provide unbundled legal services to a pro se litigant, including drafting pleadings and advising on what to do in court, and need not disclose that assistance t…
Can a lawyer who represents a judge also appear before that judge for other clients in unrelated matters, and what must the lawyer do about disqualification?
Representing the judge is a conflict that the non-judicial client can consent to, but if the judge does not raise disqualification as the Judicial Code requires, the lawyer who continues the matter vi…
Can a lawyer take a flat fee from an insurer to defend its insured, and can the lawyer agree to keep that fee arrangement secret from the insured?
The opinion concludes a fixed-fee insurance-defense arrangement is permissible so long as it does not impair the lawyer's independent judgment, competence, or diligence. Disclosure of the fee basis to…
Can a Michigan lawyer advertise being named a 'Super Lawyer' or listed in a peer-review rating publication?
The opinion concluded a lawyer listed as a 'Super Lawyer' may refer to that listing in advertising that otherwise complies with MRPC 7.1, and the same applies to comparable rating or certification pub…
Can a Michigan lawyer be listed for free on an out-of-state firm's marketing website as its local referral attorney?
The opinion concludes the lawyer may be listed without violating the lawyer-referral-service rules, because the firm's marketing site is not a lawyer referral service under MRPC 6.3(b); MRPC 6.3(c) ex…
Can a Michigan judge married to a non-supervisory assistant prosecutor preside over the prosecutor's office's cases without each party's consent?
If the spouse is non-supervisory, not involved in the matter, and screened, the judge is not automatically disqualified and may preside after disclosure; any party may still move to disqualify, and re…
Can a lawyer finance litigation costs with a loan from a lending institution and pass the interest on to the client?
The opinion concluded that a lawyer may finance litigation costs through a third-party loan and charge the interest to the client, provided the lawyer (not the client) is the obligor, the client conse…
Must a Michigan judge married to an assistant prosecutor recuse on a defendant's request even when the spouse had no involvement in the case?
Yes. The judge must disclose the marital relationship whenever the prosecutor's office appears and is recused unless the parties voluntarily ask the judge to proceed; the parties may require disqualif…
Can a lawyer report a client who fails to pay legal bills to a credit reporting agency?
The opinion concludes the fact and amount of an unpaid legal bill is a client secret under MRPC 1.6, so a lawyer may report it to a credit agency only with the client's prior written consent, after a …
Can a Michigan judicial candidate announce views on disputed legal and political issues during a campaign?
The opinion concluded that, after Republican Party of Minnesota v. White, judicial candidates may announce their views on disputed legal and political issues because the First Amendment protects that …
Can a county set up a separate 'conflicts' public defender office to represent codefendants the main public defender cannot?
The opinion concluded that a county may ethically establish a separate public defender office to represent defendants adverse to the original office's clients, provided the two offices are completely …
Can a lawyer advance a client's court-imposed fines and costs at sentencing and seek reimbursement from the client?
The opinion concluded that a lawyer is not barred from advancing court-imposed fines and costs for a client, provided the client remains responsible for reimbursing the lawyer; the litigation is essen…
Can a lawyer serving as a court-appointed receiver ask the court to pay for time spent responding to a grievance about the receivership?
The opinion concluded that the Michigan Rules of Professional Conduct do not bar a court, in its discretion, from compensating a receiver for time and expense responding to a grievance, because a rece…
Can a government law department let the agency's general IT department maintain a network holding confidential client files?
The opinion concludes a government law department may use the governmental unit's technical support staff to service a network containing client confidences without violating MRPC 1.6, provided the la…
Can a part-time Michigan family court referee represent private clients before the judges who appoint and supervise the referee, or before other referees in the same circuit?
A part-time referee may not appear in domestic-relations matters before the appointing or supervising judges (absent waiver or a visiting judge) or before other referees in the same circuit, but may t…
Is an administrative hearing officer disqualified from a case after filing a grievance against the lawyer appearing before them?
The opinion concluded that an administrative hearing officer is not directly governed by the Code of Judicial Conduct, and is not disqualified from a matter merely because the officer filed a grievanc…
Can a lawyer team up with a nonlawyer company that markets and sells estate-planning kits through seminars and in-home visits, then refers buyers to the lawyer to finish the documents?
No; the opinion concluded the arrangement risks making the lawyer responsible for the company's unauthorized practice, misleading claims, and in-person solicitation, and strips the client of the lawye…
Can a lawyer pass surplus class-action attorney fees to the injured class members or donate them to charity?
The opinion concluded that a lawyer may distribute fees from a fund designated as attorney fees to damaged class members, or to charity, provided there is no prior fee-sharing agreement and no scheme …
Can a Michigan judge set the 'bail' amount in a Jail-and-Bail or Lockup-for-Charity fundraising event?
No. Setting the target 'bail' amount a person must raise for charity is a direct solicitation of funds using the prestige of judicial office, which the Code does not permit.
Can a lawyer send a letter to the opposing party about the case if they copy the opposing lawyer on it?
The opinion concluded that a lawyer may not send a written communication to an opposing lawyer's client about the subject of the representation without that lawyer's consent, and simultaneously copyin…
When a former client asks for a complete copy of the file, can the lawyer charge for the search and copying costs?
The lawyer may charge reasonable costs to search for and reproduce information the client is entitled to access; the client's right is generally one of access, not ownership, and who owns the file is …
Can a lawyer refer personal-injury clients to a company that advances them cash in exchange for a share of their lawsuit proceeds?
The opinion concluded that a lawyer who agreed to refer tort clients to a venture-capital company taking an interest in their case proceeds would have an irreconcilable conflict of interest, and that …
Can a lawyer have a client waive the right to sue for malpractice in exchange for a lower billing rate?
The opinion concluded that a lawyer may not condition a reduced billing rate on the client's prospective waiver of malpractice liability, because MRPC 1.8(h)(1) bars such an agreement unless it is per…
Can a lawyer-guardian ad litem for a child file a report with the court without breaching the child's confidences?
The opinion concluded that a lawyer appointed as lawyer-guardian ad litem for a minor in a child protective proceeding may prepare and file a written report to the court, but only so long as the repor…
Must a lawyer report another lawyer's misconduct when reporting would reveal client information the client wants kept confidential?
The opinion concluded that a lawyer is not subject to discipline for failing to report another lawyer's misconduct under MRPC 8.3(a) when the reason for not reporting is that the information is protec…
Can a Michigan judge moderate a political party's public forum on pending criminal-justice legislation?
Yes, a judge may moderate such a forum if the judge does not comment on pending or impending cases, does not take a position on a legislative initiative that would later require recusal, and the role …
May a legal-aid agency disclose its clients' names and addresses to the Legal Services Corporation when federal regulations require it?
The opinion concluded that a legal service agency may report client names and addresses to the Legal Services Corporation when required by 45 CFR 1644, because such information is a client 'secret' th…
Can a law firm hire lawyers leased from an employee-leasing company, and what must it tell clients?
The opinion concluded that using a lawfully leased temporary lawyer is not per se unethical if all participants follow the rules: the firm must control the law-related work, screen for conflicts, avoi…
Can a lawyer record a conversation without telling the other people involved?
The opinion concluded that whether a lawyer may ethically record a conversation without the other parties' consent or knowledge is situation-specific and not unethical per se, retreating from the olde…
Can a Michigan judge join an investment club whose members include lawyers who might appear before the judge?
A judge may join an investment club with no lawyer members, and may join one with lawyer members only if those lawyers are not likely to appear before the judge; if a lawyer member does appear, the ju…
When a contingency case unexpectedly has to go to trial, may a lawyer renegotiate the contingent fee to an hourly fee and take a lien on the client's separate lawsuit to secure payment?
A lawyer may renegotiate a contingent fee, but bears the burden of meeting the business-transaction safeguards, and may accept (but not require) an assignment of other litigation proceeds if the clien…
Can a Michigan judge accept installment or lump-sum payment for selling a former law practice, and must the judge recuse when the buyer appears?
Accepting reasonable compensation for a practice sold under MRPC 1.17 is not the practice of law and is permitted, but when the buying lawyer or firm appears before the judge the judge must disclose t…
Can a sitting judge promote and encourage lawyers to do pro bono work, and may the judge personally ask individual attorneys to take specific cases?
A judge may engage in a wide range of activities to promote and encourage pro bono service, but should not personally solicit individual attorneys to represent specific people, to avoid coercion and t…
Can a lawyer take a one-third contingent fee for a conservatorship's insurance claim, with part of the fee paid from money recovered for the care facility, and should the facility also be a client?
Yes; the client is the conservatorship as an entity, the written contingent fee may include a share of the facility's recovery if the client consents, and the facility should not be a client because t…
If a lawyer might be a necessary trial witness about fees, is the lawyer barred from pre-trial work, and are the lawyer's associates disqualified from trying the case?
No; MRPC 3.7 reaches only acting as advocate at trial, so the lawyer may handle pre-trial matters, and under 3.7(b) the disqualification is not imputed to associates absent an independent 1.7 or 1.9 c…
Can a criminal defense lawyer interview the complaining witness without notice to or consent of the prosecutor?
The opinion concluded that a defense lawyer may contact a complaining witness ex parte because the witness is not the prosecutor's client, so MRPC 4.2 does not bar the contact; the lawyer must identif…
Does running a group pro se self-help divorce or custody clinic create a client-lawyer relationship with attendees, and does it conflict the legal-aid agency out of later representing a party against a former attendee?
No; with no confidential information taken and a signed agreement disavowing representation, no client-lawyer relationship forms, there is no conflict when a couple attends together, and the agency ma…
When a CEO privately asks a subordinate in-house lawyer for advice about firing the general counsel, may the lawyer give that advice, must the lawyer tell the general counsel, and must the lawyer alert the board?
The lawyer represents the corporation, so it may not share the CEO's confidence with the general counsel; it may advise the CEO if its judgment is not materially limited by self-interest; and on these…
Can a Michigan judge attend a political party's testimonial dinner honoring judges where tickets are priced above the dinner's cost?
No. A judge may not attend a testimonial dinner where the admission price exceeds the reasonable cost, and may not let the prestige of judicial office be used to raise money for a political party.
Does an adversary's threat to call the opposing lawyer as a trial witness, about a conversation the lawyer is sure never happened, force that lawyer to withdraw as trial counsel?
No; under MRPC 3.7 the lawyer must judge whether the lawyer is likely to be a necessary witness, and an adversary's threat does not by itself make the lawyer's testimony necessary or require withdrawa…
When an hourly-fee client discharges a lawyer, can the lawyer bill for time spent moving to withdraw, for briefing successor counsel, and for responding to a grievance the client files?
The lawyer may bill for withdrawal time when the client requested the withdrawal, need not brief successor counsel for free absent agreement, and may not charge for responding to a client's grievance …
Can a lawyer newly hired to handle appeals for a county prosecutor's office keep representing a criminal defendant on appeal when the prosecution was run by the Attorney General in another county and the new office will not appear in the case?
Yes; under MRPC 1.11(c) a lawyer who becomes a public officer is barred from a matter only where the governmental employer is also a party, and here the County 1 prosecutor was not and will not be a p…
Can a lawyer let a third party (here a university and its insurer) pay the client's defense fees under conditions like consultation rights and a no-future-adversity clause?
Only if the client consents after full disclosure and the lawyer is satisfied the arrangement will not interfere with independent judgment or the client-lawyer relationship; consent cannot cure an arr…
When drafting a client's will or trust, can the lawyer suggest being named as the personal representative or trustee, and as the estate's lawyer?
The lawyer may not suggest naming themselves as personal representative or trustee, since that is solicitation, but may accept the nomination if the client asks independently and the lawyer makes the …
Can a lawyer keep representing a client against a city after the lawyer's spouse is elected to that city's commission?
The opinion concluded that the lawyer may continue the representation if the lawyer reasonably believes it will not be adversely affected and the client consents after consultation; if a disqualifying…
Can a former judge represent a party on a child-support matter where, as judge, the lawyer issued the support order at issue?
The opinion concluded that the former judge may not represent a party in a matter in which the lawyer participated personally and substantially as a judge unless all parties consent after consultation…
If a licensed lawyer worked as a paralegal for a company, can the lawyer join a firm that sues that company?
The opinion concluded that the transferring-lawyer conflict rules apply because the inquirer is now a lawyer, so the lawyer may not use the former employer's protected information against it and the n…
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Legal ethics opinions from the State Bar of Michigan interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.