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 finance litigation costs with a loan from a lending institution and pass the interest on to the client?
The opinion concluded that a lawyer may finance litigation costs through a third-party loan and charge the interest to the client, provided the lawyer (not the client) is the obligor, the client conse…
Can a lawyer report a client who fails to pay legal bills to a credit reporting agency?
The opinion concludes the fact and amount of an unpaid legal bill is a client secret under MRPC 1.6, so a lawyer may report it to a credit agency only with the client's prior written consent, after a …
Can a government law department let the agency's general IT department maintain a network holding confidential client files?
The opinion concludes a government law department may use the governmental unit's technical support staff to service a network containing client confidences without violating MRPC 1.6, provided the la…
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…
Must a lawyer report another lawyer's misconduct when reporting would reveal client information the client wants kept confidential?
The opinion concluded that a lawyer is not subject to discipline for failing to report another lawyer's misconduct under MRPC 8.3(a) when the reason for not reporting is that the information is protec…
May a legal-aid agency disclose its clients' names and addresses to the Legal Services Corporation when federal regulations require it?
The opinion concluded that a legal service agency may report client names and addresses to the Legal Services Corporation when required by 45 CFR 1644, because such information is a client 'secret' th…
Does running a group pro se self-help divorce or custody clinic create a client-lawyer relationship with attendees, and does it conflict the legal-aid agency out of later representing a party against a former attendee?
No; with no confidential information taken and a signed agreement disavowing representation, no client-lawyer relationship forms, there is no conflict when a couple attends together, and the agency ma…
When a CEO privately asks a subordinate in-house lawyer for advice about firing the general counsel, may the lawyer give that advice, must the lawyer tell the general counsel, and must the lawyer alert the board?
The lawyer represents the corporation, so it may not share the CEO's confidence with the general counsel; it may advise the CEO if its judgment is not materially limited by self-interest; and on these…
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…
If a client testified truthfully at deposition but the answer later turns out to be inaccurate, must the lawyer correct it or tell the other side?
No. Where the client's testimony was truthful when given and only later recalled as inaccurate, with no fraud and no materiality shown, the lawyer has no ethical duty to correct it or to disclose to t…
Can a criminal appellate lawyer who believes a client is dangerous write the parole board with the lawyer's own observations about the client?
No. Observations and impressions formed while representing a client are protected 'secrets' that may not be disclosed to third parties unless an exception in MRPC 1.6(c) applies, and none did here.
Can a judge use the names and addresses of former jurors to send out re-election campaign mailings?
The opinion concluded that a judge may not use jury records for the judge's personal election mailings and may not personally solicit public statements of support from people who served as jurors in t…
Can a lawyer report another lawyer's misconduct that the lawyer learned through a client's confidential information?
The opinion concluded that if the information about another lawyer's misconduct is a confidence or secret protected by MRPC 1.6, the lawyer may not report it to the Attorney Grievance Commission witho…
What must a lawyer do when the other side offers to drop a grievance against the lawyer's client in exchange for a settlement?
The opinion concluded the receiving lawyer may, but need not, report the offering lawyer; must advise the lawyer-client of the impropriety and withdraw if the client persists; need not report the clie…
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…
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…
Can a lawyer run a nonlaw business that sends nonlawyer agents door-to-door selling will and trust forms and consulting with buyers?
No; the scheme risks the unauthorized practice of law by the agents, prevents the lawyer from protecting confidences and screening conflicts, violates the ban on in-person solicitation, and likely pay…
Can a lawyer refer law clients to a financial-planning business the lawyer owns, and take legal-work referrals back from it?
Yes, if the lawyer discloses the ownership interest, complies with the business-transaction rule, lets the client seek other providers and independent counsel, and keeps independent judgment; but the …
When a law firm employs a nonlawyer lobbyist, are the lobbyist's communications with lobbying clients protected as confidences even if those clients never get legal services?
A firm must make reasonable efforts to protect the lobbyist's client communications to the same extent as lawyer-client communications, because confidentiality duties attach to a firm's nonlawyer empl…
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…
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…
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 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…
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 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…
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…
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 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 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…
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…
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 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…
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…
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…
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 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…
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…
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…
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…
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…
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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.