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 prosecutor's office run a pro bono program staffed by its own lawyers, and label those appearances as the prosecutor's office?
The opinion concluded a prosecutor may establish a pro bono program for office lawyers, but each lawyer must independently check for conflicts under MRPC 1.7, 1.9, and 1.11, and it is misleading to la…
How did the 1995 amendments to Michigan's judicial-disqualification rule change prior ethics opinions, and when can parties waive a judge's disqualification?
Prior disqualification opinions must be reread against the amended MCR 2.003, and the new remittal procedure lets parties waive a judge's disqualification in every circumstance except personal bias or…
Can a lawyer acting as a neutral mediator in a domestic dispute draft a document setting out the understanding the parties reached?
Yes. A lawyer serving as a neutral mediator may draft documents that memorialize the parties' understanding, provided the lawyer makes clear they represent neither party and gives unrepresented partie…
Can a Michigan lawyer advertise and solicit clients over the Internet, including through a website and email?
The opinion concluded that posting information online (where the user initiates contact) is treated like general advertising under MRPC 7.1, email to specific addressees is treated like direct mail un…
Can a lawyer who owns a nonlaw ADR business provide those services to clients of opposing counsel, co-counsel, or the lawyer's own firm?
Not per se barred. The lawyer must check case by case whether the ADR-business interest materially limits the law representation, and for current clients of the lawyer, firm, or co-counsel must meet M…
Can a party-nominated arbitrator who is a lawyer talk privately with the nominating party about the case and advocate that party's position during deliberations?
Yes. The ethics rules do not bar a party-nominated arbitrator from communicating with or advocating for the nominating party. But in court-mandated arbitration the lawyer must first check whether the …
If a new lawyer learns a client lied at the original trial, may the lawyer reveal that prior false testimony when seeking post-appeal relief?
Not without the client's consent, and not if the lawyer's services were used to further it. The lawyer may pursue post-appeal relief without revealing the prior false testimony only if those facts are…
If a client testified truthfully at deposition but the answer later turns out to be inaccurate, must the lawyer correct it or tell the other side?
No. Where the client's testimony was truthful when given and only later recalled as inaccurate, with no fraud and no materiality shown, the lawyer has no ethical duty to correct it or to disclose to t…
When a lawyer is being considered to sit on an arbitration panel, what disclosures do the ethics rules require about contacts with the parties, counsel, or witnesses?
The ethics rules require no disclosure to the arbitration participants. They require only that the lawyer inquire enough about the matter and participants to check whether serving would breach the law…
Does a lawyer serving as an arbitrator have an ethics-rule duty to disclose present or former relationships with the parties or others?
No. The Michigan Rules of Professional Conduct impose no disclosure duty on a lawyer acting as arbitrator; any such duty arises from the arbitration contract, the AAA code, or other applicable law, an…
Can a lawyer who served as a mediator between parties later serve as the arbitrator deciding the same matter between them?
A lawyer who mediated under MCR 2.403 may not later arbitrate the same matter between the same parties. In a private mediation, whether the lawyer may later arbitrate depends on the rules of the media…
Can a lawyer act as advocate in an arbitration while also being a necessary witness about a contested fact?
It is not per se unethical. The advocate-witness rule (MRPC 3.7) does not literally cover arbitration, but the lawyer should be guided by the witness rules that apply at trial, with MRPC 8.4(c) requir…
Can a lawyer who runs a nonlaw ADR business require participants to release the arbitrators and mediators from all liability arising from the proceeding?
Yes. A lawyer may establish a nonlaw ADR business and, as a condition of using it, require participants to release the presiding officials and staff from liability, because no lawyer-client relationsh…
Does a lawyer have to tell the client about alternatives to litigation, such as settlement or ADR?
Yes. A lawyer must recommend an alternative to litigation when it is a reasonable course to further the client's interests, or when the lawyer has any reason to think the client would find it desirabl…
Can a criminal appellate lawyer who believes a client is dangerous write the parole board with the lawyer's own observations about the client?
No. Observations and impressions formed while representing a client are protected 'secrets' that may not be disclosed to third parties unless an exception in MRPC 1.6(c) applies, and none did here.
Can a lawyer put a clause in the client agreement sending fee, file, malpractice, and ethics disputes to a named ADR program?
Fee, file, and malpractice disputes may be sent to ADR if the client is given the chance to obtain independent counsel about the agreement; disputes over the lawyer's ethical conduct may not be sent t…
When a lawyer serves as a neutral arbitrator or mediator and a party has no lawyer, may the lawyer-neutral give that party legal advice?
Neutrality is the touchstone. The lawyer-neutral is not required to advise a self-represented party and may not act as that party's advocate, but may offer information when fairness permits; the lawye…
If opposing counsel offers to resolve a case through mediation or arbitration, does the lawyer have to tell the client about it?
Yes. An offer to resolve a dispute through alternative dispute resolution is akin to a settlement offer and must be conveyed to the client, along with enough information about the ADR forum for the cl…
When a legal aid office faces layoffs and funding cuts, what must a staff lawyer do about notifying clients, withdrawing from cases, and accepting new ones?
The lawyer must give clients adequate notice of impending staff cuts and how they may affect representation, assess case by case whether withdrawal is allowed or required, and not unilaterally decide …
Can a lawyer accept guardian ad litem appointments to represent abused and neglected children when the lawyer's spouse works at a county youth home and an in-law works for the prosecutor's office?
Yes. A lawyer may accept those appointments where neither relative would be a witness in, or otherwise affect, the lawyer's cases; on these facts no conflict exists and no disclosure is even required.
After leaving the prosecutor's office, can a former assistant prosecutor be appointed to represent indigent defendants in felony and related matters?
Generally yes, unless the lawyer participated personally and substantially in the matter as a prosecutor (absent the office's consent) or holds confidential government information usable against a per…
Can a Michigan solo practitioner put 'Law Offices' on the firm letterhead, and are 'legal services' or 'a professional corporation' allowed?
The opinion concluded that 'law offices' (plural) is potentially misleading for a solo at a single location and is prohibited, while 'Law Office' (singular), 'legal services,' and 'a professional corp…
Can a Michigan lawyer's direct-mail advertising circular call the firm 'affordable,' offer a free informational interview, and quote specific fees?
The opinion concluded that an otherwise proper direct-mail circular may describe the firm as 'affordable,' invite recipients to a free 'no-cost informational interview,' and quote the actual fees the …
Can a lawyer send the presiding judge a letter about a pending case if opposing counsel is copied?
The opinion concluded that a lawyer may not communicate with a judge about the substance of a matter pending before that judge, except on scheduling, administrative, or emergency matters not on the me…
Can a judge use the names and addresses of former jurors to send out re-election campaign mailings?
The opinion concluded that a judge may not use jury records for the judge's personal election mailings and may not personally solicit public statements of support from people who served as jurors in t…
Must a Michigan judge whose spouse is a supervising assistant prosecutor recuse when the prosecutor's office appears, and can the judge offer a waiver?
The judge must disclose the relationship, the appearing prosecutor must disclose whether the spouse participated personally and substantially, and the judge is recused unless the parties voluntarily a…
Can a law firm represent clients before a public board if a lawyer who sits on that board is 'of counsel' to the firm, where the board member abstains from the firm's matters?
No. A firm whose of-counsel lawyer sits on a public board may not represent clients in matters before that board, and the board member's abstention does not cure the conflict.
After serving as a party's partisan member of a mediation panel, can the lawyer represent that party in later litigation on the same matter?
Only with all parties' consent; a lawyer who acted as a partisan mediator on a panel may not later represent the selecting party in subsequent litigation on the same or a substantially related matter …
Can a lawyer report another lawyer's misconduct that the lawyer learned through a client's confidential information?
The opinion concluded that if the information about another lawyer's misconduct is a confidence or secret protected by MRPC 1.6, the lawyer may not report it to the Attorney Grievance Commission witho…
Can a Michigan lawyer be listed by a church as offering discounted will drafting to congregants who leave a bequest to the church?
The opinion concluded that a lawyer may be on a church list of lawyers who offer special rates for wills to congregants leaving a bequest to the church, provided the church knows the lawyer's services…
After serving as a court-appointed guardian ad litem and reporting on a ward's care, can the lawyer later represent a relative seeking to adopt that ward?
No; having acted substantially as a public officer and likely acquired confidential information, the lawyer is barred from representing the relative, whose adoption position is inconsistent with the l…
Can a lawyer advertise under a trade name without the lawyer's own name, and charge a contingent fee to collect overdue child support or alimony?
A lawyer may advertise under a non-misleading trade name without the lawyer's own name, and may charge a reasonable, written contingent fee to enforce post-judgment support, alimony, or property provi…
What must a lawyer do when the other side offers to drop a grievance against the lawyer's client in exchange for a settlement?
The opinion concluded the receiving lawyer may, but need not, report the offering lawyer; must advise the lawyer-client of the impropriety and withdraw if the client persists; need not report the clie…
Can a lawyer tell a former client about a current client's alleged fraud that the lawyer learned about but has not verified?
No; the information is a client secret, so absent the client's consent a lawyer may not reveal an unsubstantiated alleged fraud, and may disclose only if the lawyer knows (not merely suspects) the ser…
Can a Michigan judge publicly endorse a judicial candidate by name in a campaign brochure or radio ad?
The opinion concluded that a judge may allow the judge's name and judicial title to be used in a campaign brochure and radio ad quoting the judge's endorsement of a judicial candidate, because MCJC 7A…
Can a Michigan lawyer join a for-profit company's group television advertising program that funnels accident callers to participating firms?
The opinion concluded such a scheme is unethical where the lawyer is contractually bound to take cases on contingency without advising of other fee options, or where the advertising misleads viewers i…
Can a Michigan judicial candidate hand out campaign literature at a nonjudicial candidate's event, and host that candidate's materials at the judge's own event?
The opinion concluded that a judicial candidate may attend and distribute personal campaign literature at an event held for a nonjudicial candidate, but may not provide a particular opportunity, such …
Can a law firm holding a county contract as public guardian or conservator also serve as legal counsel to the wards it is appointed to protect?
No; a lawyer who is a ward's guardian or conservator may not also act as the ward's legal counsel on matters outside the fiduciary duties, because the dual role collapses the checks and balances the r…
Can a Michigan lawyer who also holds a license or degree in another profession show that credential on the firm letterhead or in the firm name?
The opinion concluded that a lawyer may indicate a license or degree in another profession on letterhead and in the firm name to signal special qualifications, as long as the communication is not misl…
If a lawyer's client forged the authorization the lawyer used to obtain a witness's medical records, can the lawyer disclose the forgery?
Yes; because the lawyer's services were used to further the client's forgery, the lawyer has discretion to reveal confidences to the extent necessary to rectify the fraud and support withdrawal, inclu…
Can a lawyer give opposing counsel a former client's current address so the other side can serve a bill of costs?
No; absent an applicable confidentiality exception, a lawyer may not disclose a former client's address to a third person without the former client's consent, since doing so could be used to the clien…
After being discharged, does a lawyer have to tell a former client about disciplinary action against the successor lawyer who handled a low settlement?
No; a discharged lawyer has no ongoing duty to counsel or warn a former client about successor counsel's discipline, though the lawyer may voluntarily share the information if doing so does not violat…
Can independent Michigan law firms that work together use joint letterhead, call themselves 'affiliated,' and refer conflicted clients to each other?
The opinion concluded that lawyers who are not actually in the same firm may not use joint letterhead, even with a disclaimer; they may advertise jointly only if the advertising clearly shows they are…
Can a lawyer put a broad arbitration clause in a retainer agreement covering any dispute with the client, including malpractice?
Not if it circumvents the ethics rules; the clause cannot deny the client independent advice, bar reporting misconduct to the grievance commission, prospectively limit malpractice liability without in…
Can a lawyer represent a bar applicant in character and fitness proceedings when a colleague at the firm sits on the character and fitness committee?
The opinion concluded that no member of a law firm may represent a private client in character and fitness proceedings when another lawyer in the firm serves on the State Bar Standing Committee on Cha…
Can a lawyer skip a client trust account by paying the client from the operating account and depositing settlement proceeds there?
The opinion concluded that a lawyer may not avoid a trust account by paying the client's share out of the operating account and then depositing all settlement proceeds into that operating account; the…
Can a lawyer run a nonlaw business that sends nonlawyer agents door-to-door selling will and trust forms and consulting with buyers?
No; the scheme risks the unauthorized practice of law by the agents, prevents the lawyer from protecting confidences and screening conflicts, violates the ban on in-person solicitation, and likely pay…
Can a lawyer refer law clients to a financial-planning business the lawyer owns, and take legal-work referrals back from it?
Yes, if the lawyer discloses the ownership interest, complies with the business-transaction rule, lets the client seek other providers and independent counsel, and keeps independent judgment; but the …
When a lawyer serves as a neutral arbitrator or mediator, do the ethics rules require keeping the case files for any set period or notifying the parties before destroying them?
No; because a neutral arbitrator or mediator is not engaged in a representation, the rules' record-retention provisions do not apply, so they impose no specific retention period or notice duty on the …
When a law firm employs a nonlawyer lobbyist, are the lobbyist's communications with lobbying clients protected as confidences even if those clients never get legal services?
A firm must make reasonable efforts to protect the lobbyist's client communications to the same extent as lawyer-client communications, because confidentiality duties attach to a firm's nonlawyer empl…
When opening a client trust account, does a lawyer have to shop around for the bank with the best interest rate and lowest fees?
A lawyer must use reasonable care, as any fiduciary would, to select a bank with favorable rates and minimal fees on client trust accounts, but is not required to continually search for the single hig…
Does a bankruptcy debtor's lawyer have to handle a later adversary proceeding, and what must the lawyer do on learning the petition contained false information?
An adversary proceeding falls within the representation unless the agreement unambiguously excludes it, and if the lawyer learns petition information is false and the client won't correct it, the lawy…
Can Michigan lawyers organize their firm as a professional limited liability company, and what must they call it and disclose to clients?
The opinion concluded lawyers may form a professional limited liability company whose name must contain 'Professional Limited Liability Company,' 'P.L.L.C.,' or 'P.L.C.'; the form does not limit the p…
How early can a Michigan judicial candidate form a campaign committee and accept contributions before the fundraising period?
The opinion concluded that a judicial candidate may form and register a campaign committee before the 180-day fundraising period, may make personal contributions and have the committee make expenditur…
Can a Michigan law firm name itself after a surname that no lawyer in the firm has, such as the name of a historic building?
The opinion concluded a firm may use a common surname as its name even though no lawyer with that name practices there, as long as the name is not otherwise misleading or deceptive; here the name came…
Can a lawyer have a client hand a settlement offer directly to a represented opposing party in Michigan?
The opinion concluded that a lawyer may not instruct a client to tender a settlement offer directly to a represented opposing party without that party's counsel's consent, because MRPC 4.2 and 8.4(a) …
Must a lawyer appointed as a ward's next friend withdraw when the ward sues the lawyer for conspiracy?
The opinion concluded that a lawyer appointed as next friend is not per se required to withdraw merely because the ward files suit against the lawyer; the appointing judge decides whether withdrawal i…
Can a lawyer send a personalized direct-mail letter to newcomers in an area describing the firm's services and suggesting they may need legal help?
Yes; a truthful targeted letter to newcomers is constitutionally protected and permitted, but it must conform to the advertising rule, and language implying that suggested changes are legally required…
Can a patent lawyer accept free referrals from, and buy advertising through, an inventor-protection group that picks lawyers at random from the USPTO roster?
Yes; a group that refers inventors to patent lawyers at no charge, by random selection without favoring supporters, is not a lawyer referral service, so a lawyer may accept its referrals and place tru…
Can a Michigan judge act as a conciliator in church disputes that might end up in arbitration or litigation?
No. The bar on a judge acting as arbitrator or mediator extends to conciliation, so a judge should not serve as a conciliator in disputes that are likely subjects of arbitration or litigation.
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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.