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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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…
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 …
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…
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…
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…
When a lawyer is hired by the personal representative of an estate to pursue a wrongful death claim, who is the lawyer's client, and can the lawyer also represent an heir who disputes the distribution?
The lawyer represents the personal representative as fiduciary, not the heirs; the lawyer cannot also represent an heir challenging the proposed distribution, and must withdraw from all clients if joi…
Can a Michigan judge who is leaving the bench negotiate for private employment with lawyers or firms that appear before the judge?
A judge may not negotiate for employment with a party or lawyer in a matter the judge is handling personally and substantially; once negotiations begin, the judge should recuse from that party's or fi…
Can a lawyer seek a conservator for a mentally ill client who refuses a settlement, and is that a conflict because the lawyer earns a fee if the settlement is approved?
The lawyer may seek protective action only if the lawyer reasonably believes the client cannot adequately act in the client's own interest, and because a neutral probate judge decides whether to appro…
When must a judge step aside because of ties to a former law firm, ongoing buy-out payments, a relative at a firm, or prior service as a city commissioner?
A judge is automatically disqualified for two years from cases brought by a firm the judge belonged to; most continuing financial or family ties require only disclosure and recusal unless a party asks…
After collecting a one-third contingent fee in a personal injury case, can the same firm charge the client a separate fee to provide financial counseling on the recovery?
Yes. The opinion concluded that financial counseling on managing the recovery is a new and separate matter, so a separate reasonable fee for it does not add to the contingent fee or violate the one-th…
Can a lawyer take on a defendant from a pending case as a new client in unrelated matters if both clients consent?
The opinion concluded that, even with informed consent, a lawyer may not represent a person in unrelated matters when that person is a defendant in a pending suit where the lawyer represents the plain…
Can a Michigan judge appoint a private domestic-relations lawyer as a part-time referee and government liaison attorney, and must the judge then recuse from that lawyer's cases?
The judge may make the appointments, and the same lawyer may hold both roles, if the practitioner observes the conflict and screening limits of the referee and government-lawyer rules; the appointing …
If a prospective client shared documents but declined to be a plaintiff, can the lawyer use that information to bring a related class action for other clients?
No. The opinion concluded a lawyer may not use confidences or secrets learned from a client or prospective client to pursue a lawsuit for others without consent, and the duty applies even if disclosur…
If a woman consulted a lawyer about her divorce, can another lawyer in that same firm later represent her husband in the divorce?
No. The lawyer who consulted with the wife is disqualified from representing the husband, and that disqualification is imputed to the entire firm, even if no fee was charged and the lawyer kept no not…
Can a judge sit in on a family member's deposition or hearing just to give moral support?
The opinion concluded that a judge may attend a deposition or hearing solely to provide moral support for a party who is within the third degree of consanguinity or affinity to the judge, or with whom…
When a lawyer who was a principal at one firm joins a firm that opposes the old firm's clients, how must the new firm screen the lawyer to avoid being disqualified?
The transferring lawyer is disqualified from matters substantially related to ones handled at the old firm; the new firm avoids imputed disqualification only by immediately screening the lawyer, appor…
When can married, cohabiting, or dating lawyers represent opposing parties in the same matter, and when must a judge step aside?
Related lawyers are not automatically disqualified from opposing each other, but spouses must disclose the relationship and obtain client consent, and cohabiting and (in close cases) dating lawyers sh…
Can a Michigan lawyer own a title insurance company and also represent clients who use that company or pass on its title policies?
A lawyer may own a title company if the two businesses are kept separate, but the lawyer may not represent a client who is buying that company's services or opine on the sufficiency of a title policy …
Can an administrative law judge negotiate for a private job with a law firm that represents a party in a case still before the judge?
The opinion concluded that an administrative law judge may not negotiate for employment with an attorney for a party in any matter in which the judge is participating personally and substantially, inc…
If a firm's of-counsel lawyer will testify as an expert against the firm's own client, is the whole firm disqualified?
The opinion concluded that when a lawyer-expert witness expects to testify adverse to a client of the lawyer's firm, a disqualifying conflict exists under MRPC 1.7(b) that the client cannot waive, and…
If a lawyer serves part-time as a domestic relations referee, can the lawyer's firm appear before the referee, and can the lawyer act as referee or counsel in matters from the other role?
A part-time referee may later represent a party in a matter handled as referee only with all parties' consent (and firm screening), may not hear matters the referee handled as a lawyer, and is disqual…
Can a legal-services lawyer personally give or solicit money or goods for a client's living and medical expenses during litigation?
The opinion concluded that the prohibition on a lawyer providing financial assistance to a client in pending litigation applies to legal-services lawyers, so the lawyer may not personally donate or so…
In a federal civil-rights case where attorney fees are statutory, may a plaintiff's lawyer negotiate the merits and the fee award at the same time, and disclose hours and rates?
Yes; the opinion concluded simultaneous negotiation of merits and statutory fees is ethically permissible, the lawyer may reveal hours, rate, and any multiplier, but potential conflicts must be disclo…
In a prepaid group legal-services plan, who is the staff lawyer's client, and how much can plan administrators control how the lawyer handles a case?
The plan beneficiary is the client; a nonlawyer administrator may not direct the staff lawyer's professional judgment, and where the plan demands action against the client's interest the lawyer must w…
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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.