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.
No State Bar of Michigan opinions match these filters
Try a different search term or clear the filters.
If a lawyer serving on an administrative board finds material added to a case file after the close of proofs, what must the lawyer do?
The opinion concluded that the lawyer must disclose the material to the appropriate authorities and all interested parties; the lawyer is disqualified from the matter only if the lawyer cannot decide …
If a prosecutor forgets to file the charges a plea deal called for, does the defense lawyer have to point out the oversight?
No; the client commits no crime or fraud by staying silent about the prosecutor's oversight, so neither the candor rule nor the misconduct rule requires the lawyer to alert the prosecutor's office.
Can a Michigan lawyer advertise free will drafting for clients who want to leave a bequest to a particular organization the lawyer is connected to?
The opinion concluded that a lawyer may advertise that the lawyer will prepare a will and bequest without charge for a client who wishes to leave a testamentary bequest to a particular organization, b…
Can a Michigan lawyer advertise that a portion of the lawyer's fee will be donated to a church or charity?
The opinion concluded that a lawyer may state, in a print advertisement or to an assembled group, that part of the fee will be donated to a religious or charitable organization, where the organization…
If a lawyer's client has fled and become a fugitive, can the lawyer keep handling the client's other matters, and must the lawyer give the court the client's location?
The lawyer may not help a fugitive client even on unrelated matters, must counsel the client to surrender and withdraw if that fails, may disclose the client's conduct, and must reveal the client's lo…
Does a city attorney who prepares quitclaim deeds for tax-reverted property have to warn buyers that the title may not be insurable?
No; the lawyer's duty runs to the city client, and preparing the deeds is proper, so the lawyer need not volunteer personal doubts about title insurability to prospective purchasers, though the lawyer…
After being discharged by the personal representative of an estate, what may a lawyer do about a suspected fraud, the decedent's children, and documents still in the file?
The lawyer's client was the personal representative, not the beneficiaries; a lawyer who only suspects fraud may not disclose confidences or act to rectify it, and may not hand off a client's document…
When a lawyer pursues an estate's accident claims, can the lawyer also represent the decedent's medical creditors and charge them a fee out of the recovery?
The lawyer may represent both the estate and the medical providers if no dispute over the bills makes them adverse, but cannot represent either side in a dispute over the bill, and cannot double-charg…
Can a judge serve on a Chamber of Commerce committee that promotes pro-business positions and supports the election of business-friendly candidates?
The opinion concluded that a judge may not serve on a legislative affairs and political action committee whose mission is to support pro-business interests through the media, before governmental bodie…
Can a firm represent a client against someone who once had a brief consultation with another lawyer in the firm on the same matter but disclosed no confidences?
Yes; a brief consultation that reveals no confidences or secrets does not create a client-lawyer relationship, and the firm may take the adverse matter as long as the duty to protect any information s…
If a lawyer learns that a client's sworn pleadings and discovery answers are false, and the client refuses to correct them, what must the lawyer do?
The lawyer must counsel the client to rectify the false statements; if the client refuses, the lawyer must rectify them, and withdrawal does not end that duty once a false material statement has been …
Can a judge sentence a defendant to attend an outside educational or rehabilitative program or perform community services, and require a program fee?
The opinion concluded that it is not unethical for a judge to offer attendance at a program or performance of services as a sentencing alternative, provided the alternative is service or attendance ra…
Can a lawyer let a Chamber of Commerce recommend the lawyer to its members and advertise member discounts as a reason to join the Chamber?
A lawyer may let an organization recommend the lawyer only if it has a prior professional relationship with the lawyer, the lawyer reviews the ad, and nothing of value beyond advertising cost changes …
Can a judicial candidate use campaign funds to sponsor a youth sports team in Michigan?
The opinion concluded that a judicial candidate may spend campaign funds sponsoring a youth sports team so long as the information on the team's schedules and uniforms does not misrepresent the candid…
Must a lawyer report opposing counsel who negotiated a settlement directly with the lawyer's represented client?
The opinion concluded that a lawyer who knows another lawyer negotiated a settlement directly with a represented party, without that party's counsel's consent, is required to report the matter to the …
Can a Michigan solo lawyer who runs a professional corporation use a firm name that suggests a partnership and includes a spouse licensed only in another state?
The opinion concluded the sole shareholder of a Michigan professional corporation may not use a firm name that implies a partnership, nor one that includes the name of a person not licensed to practic…
Can a Michigan lawyer who is certified by the American Bankruptcy Institute advertise that certification and call themselves a specialist?
The opinion concluded that a lawyer who completed the American Bankruptcy Board of Certification program may advertise that they are certified by the American Bankruptcy Institute, including as a spec…
Can a lawyer run a seminar where a nonlawyer sponsor splits the attendee fee and people execute estate documents on the spot with little individual advice?
No. The opinion concluded a lawyer may not deliver legal services at such a seminar: it deceptively advertises personal advice the format cannot provide, splits fees with a nonlawyer sponsor, cannot p…
When a lawyer is hired by a parent to pursue a child's injury claim but the parent then wants to drop it, who is the client and what must the lawyer do?
The opinion concluded the minor child, not the parent, is the client; when the parent's interest in dropping the claim conflicts with the child's, the lawyer should seek appointment of a guardian ad l…
Can a lawyer who sits on the county board that funds the courts still appear as an advocate before those courts in Michigan?
The opinion concluded there is no per se bar to a lawyer-commissioner appearing before courts the county board funds, but the lawyer may not handle matters adverse to the county, matters in which the …
When a private law firm defends a court's judges in suits over their official acts, must those judges step aside or disclose when that firm appears before them in unrelated cases?
The judge must disclose the lawyer-client relationship to the parties and their counsel whenever a member of the firm representing the judges appears as an advocate; recusal is then a question of law …
If a client offers to slant testimony for money and won't take it back, can the lawyer tell the court, and can the firm still represent the other parties?
The opinion concluded the lawyer has discretion to reveal the offer to tailor testimony for pay once the client is counseled and refuses to rectify it, and that the lawyer and the whole firm are disqu…
Can a judge sentence a criminal defendant to pay money into a school or charitable education program?
The opinion concluded that a judge may not impose sentences requiring criminal defendants to pay money allocated to educational, religious, charitable, fraternal, or civic activities unless the senten…
Can a Michigan lawyer who is also a licensed insurance agent sell insurance to law clients, share an office between the two businesses, and solicit legal work from insurance customers?
The opinion concluded that a lawyer/insurance agent may sell insurance to law clients if the business-transaction, confidentiality, and conflict rules are met, may office-share the two businesses if t…
If a lawyer represents several plaintiffs and some want to accept a case-evaluation award while others reject it, can the lawyer keep representing all of them?
The opinion concluded the split creates a conflict, but because it arises from the clients' differing settlement decisions rather than a factual or legal dispute, the clients may waive it; otherwise t…
Can a lawyer represent settling parties when an adverse third party pays the fee, pays only if the parties settle on the third party's terms, and limits the lawyer to explaining that settlement?
No. The opinion concluded the arrangement is an impermissible conflict because being paid only if the clients settle, and only to explain the third party's proposed settlement, would materially limit …
Can a Michigan law firm franchise its trade name to other unaffiliated lawyers who would practice under that single firm name?
The opinion concluded a lawyer may not franchise a firm trade name to other lawyers or firms that are not actually in a partnership or professional corporation relationship with the franchisor, becaus…
Is a lawyer who serves part-time as a state hearing referee disqualified from city-attorney cases involving the same insurer that appears before the referee?
The opinion concluded that the lawyer is not automatically disqualified, provided the lawyer owes no duties to the insurer as assistant city attorney and did not participate personally and substantial…
Can a judge sign a public resolution asking local officials to act on a private employer's plant closing?
The opinion concluded that a judge may not sign a resolution requesting specific action by the mayor and county board over a local employer's business closings, because the resolution is non-neutral p…
Can a lawyer let a paralegal do all the client contact, then just draft documents or file pleadings from the paralegal's notes without ever meeting the client?
No. The opinion concluded a lawyer who never meets or speaks with the client and works only from a legal assistant's information fails to exercise the required professional judgment; the lawyer must h…
Can a lawyer let a legal assistant decide whether to take a case and represent the client in an administrative proceeding that allows nonlawyer advocates?
The opinion concluded that a legal assistant may appear as an advocate where the law authorizes nonlawyer representation, but the supervising lawyer must decide which cases to accept, exercise indepen…
Can a Michigan probate judge hire a lawyer as a court employee to represent the juveniles and parents who appear before that judge?
Yes, but only if the judge does not interfere with the lawyer's independent judgment or the lawyer-client relationship, avoids ex parte contacts, and minimizes any appearance of bias; the lawyer must …
If a paralegal screens a prospective client and gathers case details, is that information confidential, and can it conflict the lawyer out of an adverse matter even if the lawyer never met the person?
Yes. The opinion concluded information a legal assistant collects from a prospective client is protected to the same degree as if the lawyer collected it, and if it is confidential and important, it c…
Can a judge let offenders choose between performing community service hours or paying money to a charity the judge picks?
The opinion concluded that a sentencing judge may not give offenders the option of performing a set number of community service hours or instead making a monetary contribution to a charity designated …
When can a plaintiff's lawyer contact a defendant company's employees without the company's lawyer's consent?
The opinion concluded that, without organization counsel's consent, a lawyer may not contact a current manager or employee whose acts or omissions may be imputed to the organization or whose statement…
Can a judge's spouse serve on a nonjudicial candidate's campaign committee, and can the judge sit on the dais at a political party event?
The opinion concluded that a judge's spouse may serve on the campaign committee of a nonjudicial candidate and appear as a committee member on campaign letterhead, and the judge may sit on the dais wi…
Can a lawyer bill the probate work from an estate hourly while handling or referring the related wrongful-death claim on a contingent or referral-fee basis?
Yes. The opinion concluded the lawyer may bill probate hourly and either handle the wrongful-death claim on contingency, refer it for a share of the successor's fee, or handle the distribution, with t…
Can a prosecutor whose office also serves as county corporation counsel sue two county commissioners for holding incompatible offices?
Yes. The opinion concluded there is no conflict because the prosecutor's office represents the county as an entity, not the individual commissioners, so the prosecutor, and the whole office, may bring…
When a lawyer jointly represents doctors and their professional corporation in a malpractice case and learns one client may have done the wrongdoing, must the lawyer withdraw, and can the lawyer report it?
Once the clients' interests become directly adverse, the lawyer must withdraw from representing all of them, and may not report the doctors to medical regulators or prosecutors without client consent.
Can a lawyer who becomes a full-time administrative hearing officer keep a private law practice and stay on the firm letterhead?
The opinion concluded that, unlike a judge, a lawyer who becomes a full-time administrative hearing officer is not per se barred from private practice, subject to conflict and confidentiality rules, b…
If a lawyer represents two different clients in unrelated cases that end up consolidated on appeal with directly opposing positions, can the lawyer keep representing either of them?
When the two clients' positions are diametrically opposed and advocating for one necessarily harms the other in the same consolidated proceeding, the lawyer must withdraw from both representations; cl…
Can a lawyer use what was learned representing a former client to help a new client pursue claims against that former client, and what should the lawyer do if subpoenaed for the information?
Without the former client's consent, the lawyer may not disclose or use the former client's confidences to help a new client against them, and on a subpoena should appear, assert the privilege, and aw…
Can a Michigan law firm list a nonlawyer employee (a former judge now working as an appraiser) on its letterhead, business cards, sign, phone listing, and advertisements?
The opinion concluded that a firm may include a nonlawyer employee on letterhead and business cards if the communication clearly shows the person is not a lawyer, and may announce the hire on the same…
Does a judge have to recuse just because the judge personally knows a lawyer or party in the case?
The opinion concluded that a judge's personal acquaintance with a lawyer or party, without more, is not grounds for automatic recusal; the judge should disclose any concern about the appearance of bia…
Can a law firm pay a nonlawyer consulting firm a contingent share of the tax savings it helps win for clients, and how must the firm handle the consultant's ethics obligations?
Paying an independent-contractor consultant a contingent share of fees violates the rule against sharing legal fees with nonlawyers; the firm must affirmatively communicate its ethical obligations to …
Can a lawyer in a government advocacy program turn over a written evaluation of a client's case to a program administrator?
The opinion concluded that a lawyer-advocate may not disclose an evaluation of the merits of a client's case (a 'non-merit' statement) unless the client consents or the law requires it, and a lawyer w…
When a Michigan appellate judge is sued or threatened with suit, must the judge recuse from unrelated cases involving the lawyers or trial judge in the judge's own matter?
Recusal is not automatic absent actual bias, but the judge should consider voluntary recusal, disclose the relationship, and seriously consider any recusal request; the judge should step aside from re…
When can a lawyer or firm be described as 'of counsel' to another lawyer or firm, and how does that affect conflicts of interest?
An 'of counsel' designation is proper only for a close, regular, and personal relationship (not a partner, associate, office-sharer, occasional consultant, or referral source), and of-counsel lawyers …
If a lawyer learns that a suspended lawyer is still practicing law, must the lawyer report it to the disciplinary authorities?
A lawyer who knows a suspended lawyer has continued to practice after the effective date of the suspension must report it to the Attorney Grievance Commission, unless the knowledge is privileged.
Can a judge write a character reference or sign a character affidavit for a criminal defendant?
The opinion concluded that a judge should not provide a character affidavit for a criminal defendant because it is a sworn statement not subject to cross-examination, and should decline to give a pers…
Can a Michigan law firm that co-sponsors a seminar set up a booth outside the room to market the firm to attendees?
The opinion concluded that a law firm co-sponsoring a seminar may set up a booth to market itself, so long as the information complies with MRPC 7.1, attendees are free to stop or walk away, and anyon…
Can a lawyer who once represented two corporations now sue them on behalf of a family member who was a corporate officer?
Only if the new matter is not the same or substantially related to the prior representation, or the corporations consent. The opinion concluded the entity, not its officers, was the former client, and…
If a contingent fee agreement says nothing about an appeal, must the lawyer file the client's appeal, and can the lawyer charge an additional fee for it?
Where the agreement is silent, the lawyer must file the client's non-frivolous appeal, and may not charge an additional fee for it; the total contingent fee in a personal injury or wrongful death case…
Is a Michigan judge automatically disqualified when the judge and the judge's former firm are codefendants in a malpractice suit and that firm appears before the judge?
Yes. While the malpractice action is pending, the disqualification is absolute and non-waivable: the judge may not preside over any matter in which the former firm, or the firm defending them both, ap…
Can a lawyer pay a court-ordered security for costs on behalf of an indigent client in Michigan?
The opinion concluded that a lawyer or firm may pay a court-ordered security for costs on behalf of a genuinely indigent client, because the security is an expense of litigation that MRPC 1.8(e)(2) pe…
Can a Michigan law firm keep a retired shareholder's name in the firm name when that lawyer stays on as 'of counsel'?
The opinion concluded the firm may keep the retired shareholder's name where the firm name is long-established and well-recognized, the lawyer maintains a close, regular 'of counsel' relationship, and…
Can a lawyer agree, as a condition of settling a client's case, not to file a grievance against the opposing lawyer?
The opinion concluded that a lawyer may not offer or make an agreement restricting a party or counsel from reporting a lawyer's ethical misconduct to the Attorney Grievance Commission, and may not rep…
Can a law firm's partnership or employment agreement restrict a departing lawyer from contacting former clients or competing?
The opinion concluded that firm agreements may not restrict a lawyer's right to practice after leaving (except for retirement benefits), may not bar contacts a non-member lawyer could make, may not in…
If a current client files a grievance against the lawyer, does the lawyer have to withdraw from the client's matter?
Not necessarily. The opinion concluded the lawyer need not withdraw if a disinterested lawyer would reasonably conclude the representation would not be adversely affected by the pending grievance; whe…
Can a Michigan law firm advertise and hold a free seminar inviting people who lost money in an investment to learn about possible legal recourse?
The opinion concluded that a firm may run a print ad inviting similarly situated investors to a free seminar explaining the law and possible recourse in general terms, where no individual claims are a…
Browse State Bar of Michigan opinions by topic
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.