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.
No State Bar of Michigan opinions match these filters
Try a different search term or clear the filters.
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 lawyer pass surplus class-action attorney fees to the injured class members or donate them to charity?
The opinion concluded that a lawyer may distribute fees from a fund designated as attorney fees to damaged class members, or to charity, provided there is no prior fee-sharing agreement and no scheme …
When drafting a client's will or trust, can the lawyer suggest being named as the personal representative or trustee, and as the estate's lawyer?
The lawyer may not suggest naming themselves as personal representative or trustee, since that is solicitation, but may accept the nomination if the client asks independently and the lawyer makes the …
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 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 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 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 …
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 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 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 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…
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 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…
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 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…
Browse State Bar of Michigan opinions by topic
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.