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 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 lawyer newly hired to handle appeals for a county prosecutor's office keep representing a criminal defendant on appeal when the prosecution was run by the Attorney General in another county and the new office will not appear in the case?
Yes; under MRPC 1.11(c) a lawyer who becomes a public officer is barred from a matter only where the governmental employer is also a party, and here the County 1 prosecutor was not and will not be a p…
If a licensed lawyer worked as a paralegal for a company, can the lawyer join a firm that sues that company?
The opinion concluded that the transferring-lawyer conflict rules apply because the inquirer is now a lawyer, so the lawyer may not use the former employer's protected information against it and the n…
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.
After leaving the prosecutor's office, can a former assistant prosecutor be appointed to represent indigent defendants in felony and related matters?
Generally yes, unless the lawyer participated personally and substantially in the matter as a prosecutor (absent the office's consent) or holds confidential government information usable against a per…
After serving as a court-appointed guardian ad litem and reporting on a ward's care, can the lawyer later represent a relative seeking to adopt that ward?
No; having acted substantially as a public officer and likely acquired confidential information, the lawyer is barred from representing the relative, whose adoption position is inconsistent with the l…
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 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 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 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 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 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…
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 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 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…
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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.