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 lawyer who is running against a sitting judge keep representing clients in cases before that same judge?
The opinion concludes there is no per se bar. The lawyer-candidate may continue the representation but must disclose the candidacy to the client at the earliest opportunity under MRPC 1.4(b) and decid…
Can a lawyer draft pleadings and advise a pro se litigant behind the scenes without disclosing the help to the court?
The opinion concluded that a lawyer may provide unbundled legal services to a pro se litigant, including drafting pleadings and advising on what to do in court, and need not disclose that assistance t…
Can a lawyer take a flat fee from an insurer to defend its insured, and can the lawyer agree to keep that fee arrangement secret from the insured?
The opinion concludes a fixed-fee insurance-defense arrangement is permissible so long as it does not impair the lawyer's independent judgment, competence, or diligence. Disclosure of the fee basis to…
Can a lawyer-guardian ad litem for a child file a report with the court without breaching the child's confidences?
The opinion concluded that a lawyer appointed as lawyer-guardian ad litem for a minor in a child protective proceeding may prepare and file a written report to the court, but only so long as the repor…
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…
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…
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 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 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 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…
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 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…
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 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) …
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.
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…
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 …
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 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 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 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 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 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, …
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.