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 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 judge or judicial candidate buy an advertisement in a political party's ad book in Michigan?
The opinion concluded that a judge or candidate may place an advertisement in a political party's ad book so long as the ad is a plain 'tombstone' notice that does not amount to a speech on behalf of …
After Michigan dropped the old rule against threatening criminal charges to gain a civil advantage, may a lawyer warn an opponent of possible criminal prosecution?
Yes, within limits. The opinion concluded that because the MRPC dropped the old DR 7-105(A) ban, a lawyer acting in good faith and without harassment may warn of possible criminal prosecution to enfor…
Can a law firm that pledged its accounts receivable to secure a bank loan give the bank its clients' names and addresses?
No, not without each client's consent after consultation. The opinion concluded client identities can be secrets under the confidentiality rule, so the firm may give the bank account balances and agin…
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…
After a criminal client confesses to the lawyer and then fires the lawyer, can the former lawyer disclose the confession to the prosecutor?
No. The opinion concluded a client's confession is a confidence the lawyer may not reveal without the client's consent, and that duty survives discharge; the lawyer had neither a duty nor discretion t…
When can a Michigan lawyer treat a flat or fixed fee as earned and move it out of the client trust account into the operating account?
A true nonrefundable retainer is the lawyer's property and need not go in trust, but an advance fixed fee for future work is unearned and must stay in trust until earned; lawyer and client may agree t…
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 an organization of judges raise charitable funds, and may a non-judge executive director do the soliciting?
A judge may not personally solicit charitable funds, but the judges' organization may retain a non-judge executive director to solicit; the organization's appeal does not violate the rule if no member…
What should a Michigan judge do when asked to disclose privileged information about a client the judge represented before taking the bench?
Where the former client does not consent, the judge must await a subpoena, appear and exercise the attorney-client privilege, and await the presiding judge's instruction on whether to release the info…
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 …
Can a Michigan lawyer join a for-profit lawyer referral service that charges per-referral fees and advertises its lawyers as screened and associated?
The opinion concluded that a lawyer may not participate in a for-profit referral service to which the lawyer pays a referral fee, nor in one whose advertising falsely implies that participating lawyer…
If someone pays a cash retainer but the lawyer never meets them and cannot reach them, what must the lawyer do with the money?
The opinion concluded the lawyer must keep the retainer in the trust account and make reasonable efforts to locate the person; if those efforts fail, the funds escheat to the state under the unclaimed…
Must a lawyer tell the court and opposing counsel when physical evidence was altered while in the lawyer's possession during discovery?
The opinion concluded that a lawyer must affirmatively disclose to the tribunal, opposing counsel, and the lawyer's own client that evidence tendered in discovery was altered, and may not let an exper…
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…
When a lawyer represents clients in administrative hearings that allow nonlawyer agents, must the lawyer disclose being a licensed lawyer, and can the lawyer claim nonlawyer status?
The opinion concluded a lawyer need not affirmatively disclose, on his own, that he is licensed, but may not claim nonlawyer status or mislead the client, tribunal, or third persons about it; a refusa…
If a lawyer receives a cash fee over $10,000, do the confidentiality rules bar the lawyer from filing the IRS cash-transaction report (Form 8300)?
No. The opinion concluded no ethics rule prohibits a lawyer from complying with the IRC requirement to report a cash fee over $10,000, because the confidentiality rule allows disclosure required by la…
Can a retired Michigan judge who takes visiting-judge assignments also serve as a private mediator or arbitrator?
Yes, if the retired judge does not mediate or arbitrate during a judicial assignment, is disqualified as judge from matters in which the judge mediated or arbitrated (and vice versa), and the work doe…
What must a judge do upon discovering that someone representing a party is not licensed to practice law?
The opinion concluded that judges have a duty to prevent the unauthorized practice of law, must instruct court staff to check pleadings for a State Bar 'P' number, must stop a proceeding when unauthor…
When a Michigan lawyer leaves a law firm to start a new practice, can the lawyer mail announcements to clients of the former firm?
The opinion concluded that a departing lawyer, whether an associate or a partner, may send announcements stating the lawyer's new association, address, and phone number to clients of the former firm, …
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…
When may a Michigan lawyer participate in a lawyer referral service, and what arrangements make participation unethical?
The opinion concluded that a lawyer may not participate in a referral service that is unregistered, interferes with the lawyer's professional judgment, uses noncompliant advertising, charges a referra…
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…
Does a judge's name appearing on a political party's ticket of endorsed nonjudicial candidates count as a prohibited endorsement in Michigan?
The opinion concluded that the inclusion of a judicial candidate's name in a third party's communication listing endorsed nonjudicial candidates does not constitute a public endorsement of those candi…
What must a lawyer do after learning a client gave false testimony to a court?
The opinion concluded the lawyer must first decide whether the false testimony was material; if it was not material there is no duty to disclose or rectify, but if the untruthful testimony amounted to…
Is a Michigan judge disqualified when a lawyer rents commercial property that is owned by the judge's spouse rather than the judge?
Yes, the appearance of impropriety is the same as if the judge owned the property; the judge must disclose the relationship and may sit only with the parties' consent, and should ask the spouse to div…
Can a Michigan lawyer pay a fee to a nonprofit lawyer referral service, and what must the lawyer do about the service's advertising?
The opinion concluded a lawyer may pay a fee to a genuinely nonprofit referral service and may participate if allowed to review and monitor its advertising, but may not participate where the service's…
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…
What civic and charitable activities may a judge take part in, and may a judge let a charity use the judge's name and title or ask the judge to help raise money?
A judge may serve and be listed as an officer or director of a bona fide charitable, civic, religious, fraternal, or educational organization, but may not personally solicit funds or let the prestige …
Must a lawyer report a law student's serious misconduct to bar admissions authorities?
The opinion concluded that a lawyer who knows a law student engaged in conduct that would violate the rules if done by a lawyer has a duty to report it to bar admissions authorities, unless the inform…
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…
Is a Michigan judge who owns an office building disqualified when a lawyer who rents space there appears before the judge?
A landlord-judge / tenant-lawyer relationship creates an appearance of impropriety when the lawyer appears before the judge; the judge must disclose it and may sit only with the parties' consent, and …
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…
Could a Michigan judicial candidate pledge part of the judge's salary to charity, or blame incumbent judges for high salaries, in campaign ads?
The opinion concluded that a judicial candidate's campaign ad pledging to donate a portion of judicial salary to charity is improper under MCJC 7B(1)(c), and that an ad blaming incumbent judges for sa…
Can a Michigan lawyer pay a flat fee to an out-of-state firm that runs group TV ads and routes injury callers to the lawyer by blind referral?
The opinion concluded the lawyer may not participate, because the venture operates as an impermissible blind referral and solicitation rather than advertising, the ad's 'no fee unless recovery' line o…
Can a Michigan lawyer pay an annual fee to a for-profit lawyer referral service that controls the advertising and gives the lawyer no chance to review it?
The opinion concluded the lawyer may not participate, because the lawyer has no mechanism to review the referral service's advertising and because MRPC 7.2(c) lets a lawyer pay only a not-for-profit r…
When a lawyer advertises legal services under a trade name, does a responsible lawyer's name have to appear in the ad?
At the time of the opinion, no responsible lawyer's name had to appear in trade-name advertising as long as the ad was not false, fraudulent, deceptive, or misleading; this result has since been super…
Can a lawyer contact the current and former employees of a represented corporation in Michigan?
The opinion concluded that, once suit is filed, opposing counsel may not contact current employees whose acts could be imputed to the corporation or whose statements could be admissions without the co…
If a lawyer believes a client may have given false deposition testimony, must the lawyer correct it or tell the tribunal, and does being fired end that duty?
A lawyer who knows a client gave false testimony must take reasonable remedial measures, and that duty survives discharge; but mere suspicion short of knowledge does not permit revealing client confid…
Can a Michigan lawyer join a prepaid legal services plan run by a financial company whose nonlawyer president resolves disputes between the lawyer and members?
The opinion concluded the lawyer may not join the plan, because letting the organization's nonlawyer president control client disputes interferes with the lawyer's independent professional judgment un…
Can a Michigan judge go door-to-door or sell items on the street to raise money for a charity?
No. A judge may not individually solicit funds for a charitable, religious, educational, fraternal, or civic organization, which includes door-to-door or on-the-street sales and solicitation; a judge …
Can a Michigan lawyer put a clause in the retainer agreement requiring that any fee dispute with the client go to arbitration?
Yes, the opinion found no ethical bar to an arbitration clause for fee disputes, but it applied the malpractice-liability rule and required that the client first obtain independent counsel about the a…
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 Michigan judicial candidate's campaign committee solicit and accept contributions from political action committees?
A campaign committee may solicit no more than $100 from a PAC that is the alter ego of a lawyer or firm, and may accept unsolicited PAC contributions unless they appear motivated by a desire to influe…
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…
Must a lawyer serving as an administrative hearing officer prevent a nonlawyer from representing a party, and what does the duty require?
The opinion concluded that a lawyer must take appropriate action to prevent unauthorized practice; a hearing officer must refuse conduct that clearly is unauthorized practice, but where the question i…
Can a lawyer advertise 'no fee unless you recover' without telling potential clients they may still owe litigation costs if the case is lost?
No; the opinion concluded that because lay readers treat 'fees' and 'costs' as interchangeable, a 'no fee unless recovery' ad is misleading unless it also indicates the client remains liable for costs…
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…
Can a Michigan lawyer advertise as a specialist, or as specializing, in a particular area of practice?
The opinion concluded that, absent rules from an authority authorized to certify specialists, it was improper for a lawyer to advertise as a 'specialist' because that implies a recognized certifying b…
Can a law firm advertise a service under a trade name like 'The Business Law Center, a division of Smith & Jones' without naming every lawyer involved?
Yes; the opinion concluded a trade name is permissible in advertising as long as a responsible lawyer is clearly associated with it, and there is no ethical difference between 'a division of' and 'ope…
Can two solo lawyers who only contract with each other for overflow work hold themselves out on letterhead as an association of professional corporations?
No; the opinion concluded that lawyers who are not partners or a single professional corporation may not use a firm name or letterhead implying a partnership or unifying structure that does not exist.
If a lawyer learns from non-clients that another lawyer misappropriated funds, must the lawyer report it even when the client wants silence because disclosure could hurt the client financially?
Yes; the opinion concluded that unprivileged knowledge of another lawyer's violation, gained from someone other than the client, triggered a mandatory duty to report, and the client could not direct t…
If a new judge referred a former client's case to a law firm and stands to collect a referral fee if the case wins, must the judge recuse whenever that firm appears on unrelated matters?
Yes; while the judge keeps a financial interest in the outcome of the referred case, the judge should not hear any matter handled by a lawyer connected with that firm, to protect the appearance of an …
When a lawyer's work gets a client's no-fault insurer to pay the client's hospital bill, can the lawyer charge the hospital a fee even though the hospital is not the lawyer's client?
Not for benefits the insurer paid voluntarily, since there is no lawyer-client relationship; but the lawyer may charge a reasonable fee for benefits won involuntarily after first giving the hospital 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.