Michigan Rules Of Professional Conduct

1 Michigan Rules of Professional Conduct 1 Last Updated 4/29/2022 Michigan Rules of Professional Conduct Table of Contents RULE SCOPE AND APPLICABILITY.. 4 Rule Scope and Applicability of Rules and Commentary.. 4 Rules CLIENT-LAWYER RELATIONSHIP.. 9 Rule Competence.. 9 Rule Scope of Representation.. 11 Rule Diligence.. 13 Rule Communication.. 14 Rule Fees.. 15 Rule Confidentiality of Information.. 18 Rule Conflict of Interest: General Rule.. 23 Rule Conflict of Interest: Prohibited Transactions.

2 27 Rule Conflict of Interest: Former Client.. 30 Rule Imputed Disqualification: General Rule.. 34 Rule Successive Government and Private Employment.. 36 Rule Former Judge or Arbitrator.. 38 Rule Organization as Client.. 39 Rule Client Under a Disability.. 43 Rule Safekeeping Property.. 44 Rule Trust Account Overdraft Notification.. 47 Rule Declining or Terminating Representation.. 49 Rule Sale of a Law Practice.. 51 Rule Duties to Prospective Client.. 55 Rules COUNSELOR.

3 57 Rule Advisor.. 57 Rule Intermediary.. 58 Rule Evaluation for Use by Third Persons.. 60 Rule Lawyer Serving as Third-Party Neutral.. 62 Rules ADVOCATE.. 63 Rule Meritorious Claims and Contentions.. 63 Michigan Rules of Professional Conduct 2 Last Updated 4/29/2022 Rule Expediting Litigation.. 64 Rule Candor Toward the Tribunal.. 64 Rule Fairness to Opposing Party and Counsel.. 68 Rule Impartiality and Decorum of the Tribunal.. 69 Rule Trial Publicity.. 70 Rule Lawyer as Witness.

4 72 Rule Special Responsibilities of a Prosecutor.. 73 Rule Advocate in Nonadjudicative Proceedings.. 75 Rules TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS.. 75 Rule Truthfulness in Statements to Others.. 75 Rule Communication With a Person Represented by Counsel.. 76 Rule Dealing With a Self-Represented Person.. 77 Rule Respect for Rights of Third Persons.. 78 Rules LAW FIRMS AND ASSOCIATIONS.. 78 Rule Responsibilities of a Partner or Supervisory Lawyer.. 78 Rule Responsibilities of a Subordinate Lawyer.

5 79 Rule Responsibilities Regarding Nonlawyer Assistants.. 80 Rule Professional Independence of a Lawyer.. 81 Rule Unauthorized Practice of Law; Multijurisdictional Practice of Law. 82 Rule Restrictions on Right to Practice.. 86 Rule Responsibilities Regarding Law-Related Services.. 87 Rules PUBLIC SERVICE.. 90 Rule Pro Bono Publico Service.. 90 Rule Accepting Appointments.. 90 Rule legal Services Organizations and Lawyer Referral Services.. 91 Rule Law Reform Activities Affecting Client Interests.

6 93 Rule Professional Conduct .. 94 Rule Nonprofit and Court-Annexed Limited legal Services Programs.. 95 Rules INFORMATION ABOUT legal SERVICES.. 97 Rule Communications Concerning a Lawyer s Services.. 97 Rule Advertising.. 97 Michigan Rules of Professional Conduct 3 Last Updated 4/29/2022 Rule Solicitation.. 99 Rule Communication of Fields of Practice.. 100 Rule Firm Names and Letterheads.. 101 Rules MAINTAINING THE INTEGRITY OF THE PROFESSION.. 101 Rule Bar Admission and Disciplinary Matters.

7 101 Rule Judicial and legal Officials.. 102 Rule Reporting Professional Misconduct.. 103 Rule Misconduct.. 104 Rule Disciplinary Authority; Choice of Law.. 105 Michigan Rules of Professional Conduct 4 Last Updated 4/29/2022 Michigan Rules OF Professional Conduct RULE SCOPE AND APPLICABILITY Rule Scope and Applicability of Rules and Commentary (a) These are the Michigan Rules of Professional Conduct . The form of citation for this rule is MRPC (b) Failure to comply with an obligation or prohibition imposed by a rule is a basis for invoking the disciplinary process.

8 The Rules do not, however, give rise to a cause of action for enforcement of a rule or for damages caused by failure to comply with an obligation or prohibition imposed by a rule. In a civil or criminal action, the admissibility of the Rules of Professional Conduct is governed by the Michigan Rules of Evidence and other provisions of law. (c) The text of each rule is authoritative. The comment that accompanies each rule does not expand or limit the scope of the obligations, prohibitions, and counsel found in the text of the rule.

9 Comment: The Rules and comments were largely drawn from the American Bar Association s Model Rules of Professional Conduct . Prior to submission of those Model Rules to the Michigan Supreme Court, the State Bar of Michigan made minor changes in the Rules and the comments to conform them to Michigan law and preferred practice. The Supreme Court then adopted the Rules , with such substantive changes as appeared proper to the Court. Additional changes in the comments were then made by staff to conform the comments to the Rules as adopted by the Supreme Court.

10 The Supreme Court has authorized publication of the comments as an aid to the reader, but the Rules alone comprise the Supreme Court s authoritative statement of a lawyer s ethical obligations. Preamble: A Lawyer s Responsibilities This preamble is part of the comment to Rule , and provides a general introduction to the Rules of Professional Conduct . A lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.