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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Is an administrative hearing officer disqualified from a case after filing a grievance against the lawyer appearing before them?
The opinion concluded that an administrative hearing officer is not directly governed by the Code of Judicial Conduct, and is not disqualified from a matter merely because the officer filed a grievanc…
Can a former judge represent a party on a child-support matter where, as judge, the lawyer issued the support order at issue?
The opinion concluded that the former judge may not represent a party in a matter in which the lawyer participated personally and substantially as a judge unless all parties consent after consultation…
Can a lawyer acting as a neutral mediator in a domestic dispute draft a document setting out the understanding the parties reached?
Yes. A lawyer serving as a neutral mediator may draft documents that memorialize the parties' understanding, provided the lawyer makes clear they represent neither party and gives unrepresented partie…
Can a lawyer who owns a nonlaw ADR business provide those services to clients of opposing counsel, co-counsel, or the lawyer's own firm?
Not per se barred. The lawyer must check case by case whether the ADR-business interest materially limits the law representation, and for current clients of the lawyer, firm, or co-counsel must meet M…
Can a party-nominated arbitrator who is a lawyer talk privately with the nominating party about the case and advocate that party's position during deliberations?
Yes. The ethics rules do not bar a party-nominated arbitrator from communicating with or advocating for the nominating party. But in court-mandated arbitration the lawyer must first check whether the …
When a lawyer is being considered to sit on an arbitration panel, what disclosures do the ethics rules require about contacts with the parties, counsel, or witnesses?
The ethics rules require no disclosure to the arbitration participants. They require only that the lawyer inquire enough about the matter and participants to check whether serving would breach the law…
Does a lawyer serving as an arbitrator have an ethics-rule duty to disclose present or former relationships with the parties or others?
No. The Michigan Rules of Professional Conduct impose no disclosure duty on a lawyer acting as arbitrator; any such duty arises from the arbitration contract, the AAA code, or other applicable law, an…
Can a lawyer who served as a mediator between parties later serve as the arbitrator deciding the same matter between them?
A lawyer who mediated under MCR 2.403 may not later arbitrate the same matter between the same parties. In a private mediation, whether the lawyer may later arbitrate depends on the rules of the media…
Can a lawyer act as advocate in an arbitration while also being a necessary witness about a contested fact?
It is not per se unethical. The advocate-witness rule (MRPC 3.7) does not literally cover arbitration, but the lawyer should be guided by the witness rules that apply at trial, with MRPC 8.4(c) requir…
Can a lawyer who runs a nonlaw ADR business require participants to release the arbitrators and mediators from all liability arising from the proceeding?
Yes. A lawyer may establish a nonlaw ADR business and, as a condition of using it, require participants to release the presiding officials and staff from liability, because no lawyer-client relationsh…
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…
Can a lawyer put a clause in the client agreement sending fee, file, malpractice, and ethics disputes to a named ADR program?
Fee, file, and malpractice disputes may be sent to ADR if the client is given the chance to obtain independent counsel about the agreement; disputes over the lawyer's ethical conduct may not be sent t…
When a lawyer serves as a neutral arbitrator or mediator and a party has no lawyer, may the lawyer-neutral give that party legal advice?
Neutrality is the touchstone. The lawyer-neutral is not required to advise a self-represented party and may not act as that party's advocate, but may offer information when fairness permits; the lawye…
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…
After serving as a party's partisan member of a mediation panel, can the lawyer represent that party in later litigation on the same matter?
Only with all parties' consent; a lawyer who acted as a partisan mediator on a panel may not later represent the selecting party in subsequent litigation on the same or a substantially related matter …
When a lawyer serves as a neutral arbitrator or mediator, do the ethics rules require keeping the case files for any set period or notifying the parties before destroying them?
No; because a neutral arbitrator or mediator is not engaged in a representation, the rules' record-retention provisions do not apply, so they impose no specific retention period or notice duty on the …
Can a Michigan judge act as a conciliator in church disputes that might end up in arbitration or litigation?
No. The bar on a judge acting as arbitrator or mediator extends to conciliation, so a judge should not serve as a conciliator in disputes that are likely subjects of arbitration or litigation.
If a lawyer serving on an administrative board finds material added to a case file after the close of proofs, what must the lawyer do?
The opinion concluded that the lawyer must disclose the material to the appropriate authorities and all interested parties; the lawyer is disqualified from the matter only if the lawyer cannot decide …
Is a lawyer who serves part-time as a state hearing referee disqualified from city-attorney cases involving the same insurer that appears before the referee?
The opinion concluded that the lawyer is not automatically disqualified, provided the lawyer owes no duties to the insurer as assistant city attorney and did not participate personally and substantial…
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…
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…
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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.