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 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…
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 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 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 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 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 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…
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…
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 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…
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 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 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 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…
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 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…
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…
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…
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 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 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 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…
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…
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, …
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 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…
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 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 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…
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.
Can a lawyer pay a Welcome Wagon type service to deliver the lawyer's welcome letter and pamphlet to newcomers in the community to promote the lawyer's practice?
No; the opinion concluded paying a private intermediary that is not a qualified referral service to recommend or promote the lawyer's services to potential clients violated the disciplinary rules then…
Can a Michigan lawyer advertise legal services by direct mail without it being improper solicitation?
The opinion concluded that a lawyer may advertise legal services by mail, and that such advertising is not impermissible solicitation as long as it is general in nature and is not directed to or inten…
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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.