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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When an hourly-fee client discharges a lawyer, can the lawyer bill for time spent moving to withdraw, for briefing successor counsel, and for responding to a grievance the client files?
The lawyer may bill for withdrawal time when the client requested the withdrawal, need not brief successor counsel for free absent agreement, and may not charge for responding to a client's grievance …
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 …
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…
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…
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…
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…
Must a lawyer appointed as a ward's next friend withdraw when the ward sues the lawyer for conspiracy?
The opinion concluded that a lawyer appointed as next friend is not per se required to withdraw merely because the ward files suit against the lawyer; the appointing judge decides whether withdrawal i…
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…
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 …
If a lawyer represents several plaintiffs and some want to accept a case-evaluation award while others reject it, can the lawyer keep representing all of them?
The opinion concluded the split creates a conflict, but because it arises from the clients' differing settlement decisions rather than a factual or legal dispute, the clients may waive it; otherwise t…
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.
If a lawyer represents two different clients in unrelated cases that end up consolidated on appeal with directly opposing positions, can the lawyer keep representing either of them?
When the two clients' positions are diametrically opposed and advocating for one necessarily harms the other in the same consolidated proceeding, the lawyer must withdraw from both representations; cl…
If a contingent fee agreement says nothing about an appeal, must the lawyer file the client's appeal, and can the lawyer charge an additional fee for it?
Where the agreement is silent, the lawyer must file the client's non-frivolous appeal, and may not charge an additional fee for it; the total contingent fee in a personal injury or wrongful death case…
Can a law firm's partnership or employment agreement restrict a departing lawyer from contacting former clients or competing?
The opinion concluded that firm agreements may not restrict a lawyer's right to practice after leaving (except for retirement benefits), may not bar contacts a non-member lawyer could make, may not in…
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…
When a lawyer is hired by the personal representative of an estate to pursue a wrongful death claim, who is the lawyer's client, and can the lawyer also represent an heir who disputes the distribution?
The lawyer represents the personal representative as fiduciary, not the heirs; the lawyer cannot also represent an heir challenging the proposed distribution, and must withdraw from all clients if joi…
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…
In a prepaid group legal-services plan, who is the staff lawyer's client, and how much can plan administrators control how the lawyer handles a case?
The plan beneficiary is the client; a nonlawyer administrator may not direct the staff lawyer's professional judgment, and where the plan demands action against the client's interest the lawyer must w…
When may a court-appointed defense lawyer ask to be relieved from the appointment in Michigan?
The opinion concluded that an appointed lawyer cannot unilaterally reject the appointment but is bound to disclose disqualifying circumstances, such as lack of competence in the area or strong persona…
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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.