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Michigan Rules of Professional Conduct Table of Contents

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Michigan Rules of Professional Conduct Table of Contents Michigan Rules of Professional Conduct Table of Contents RULE 1.0. SCOPE AND APPLICABILITY. ....................................................... 4 Rule 1.0. Scope and Applicability of Rules and Commentary. ............................ 4 RULES 1.1–1.17. CLIENT-LAWYER RELATIONSHIP. ................................... 9 Rule 1.1. Competence. ........................................................................................... 9 Rule 1.2. Scope of Representation. ...................................................................... 11 Rule 1.3. Diligence. .............................................................................................. 13 Rule 1.4. Communication. ................................................................................... 14 Rule 1.5. Fees. ...................................................................................................... 15 Rule 1.6. Confidentiality of Information. ............................................................ 18 Rule 1.7. Conflict of Interest: General Rule. ...................................................... 23 Rule 1.8. Conflict of Interest: Prohibited Transactions. .................................... 27 Rule 1.9. Conflict of Interest: Former Client. ..................................................... 30 Rule 1.10. Imputed Disqualification: General Rule. .......................................... 34 Rule 1.11. Successive Government and Private Employment. .......................... 36 Rule 1.12. Former Judge or Arbitrator. .............................................................. 38 Rule 1.13. Organization as Client. ...................................................................... 39 Rule 1.14. Client Under a Disability. ................................................................. 43 Rule 1.15. Safekeeping Property. ........................................................................ 44 Rule 1.15A. Trust Account Overdraft Notification. ........................................... 47 Rule 1.16. Declining or Terminating Representation. ....................................... 49 Rule 1.17. Sale of a Law Practice. ....................................................................... 51 Rule 1.18. Duties to Prospective Client. ............................................................. 55 RULES 2.1–2.4. COUNSELOR. ........................................................................... 57 Rule 2.1. Advisor. ................................................................................................. 57 Rule 2.2. Intermediary. ....................................................................................... 58 Rule 2.3. Evaluation for Use by Third Persons. ................................................. 60 Rule 2.4. Lawyer Serving as Third-Party Neutral. ............................................ 62 RULES 3.1–3.9. ADVOCATE. .............................................................................. 63 Rule 3.1. Meritorious Claims and Contentions. ................................................. 63 Michigan Rules of Professional Conduct 1 Last Updated 9/3/2021 Rule 3.2. Expediting Litigation. .......................................................................... 64 Rule 3.3. Candor Toward the Tribunal. .............................................................. 64 Rule 3.4. Fairness to Opposing Party and Counsel. ........................................... 68 Rule 3.5. Impartiality and Decorum of the Tribunal. ........................................ 69 Rule 3.6. Trial Publicity. ..................................................................................... 70 Rule 3.7. Lawyer as Witness. .............................................................................. 72 Rule 3.8. Special Responsibilities of a Prosecutor. ............................................. 73 Rule 3.9. Advocate in Nonadjudicative Proceedings. ......................................... 75 RULES 4.1–4.4. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS. ................................................................................................................ 75 Rule 4.1. Truthfulness in Statements to Others. ............................................... 75 Rule 4.2. Communication With a Person Represented by Counsel. .................. 76 Rule 4.3. Dealing With a Self-Represented Person. ........................................... 77 Rule 4.4. Respect for Rights of Third Persons. ................................................... 78 RULES 5.1–5.6. LAW FIRMS AND ASSOCIATIONS. .................................... 78 Rule 5.1. Responsibilities of a Partner or Supervisory Lawyer. ........................ 78 Rule 5.2. Responsibilities of a Subordinate Lawyer. .......................................... 79 Rule 5.3. Responsibilities Regarding Nonlawyer Assistants. ............................ 80 Rule 5.4. Professional Independence of a Lawyer. ............................................. 81 Rule 5.5. Unauthorized Practice of Law; Multijurisdictional Practice of Law. 82 Rule 5.6. Restrictions on Right to Practice. ........................................................ 86 Rule 5.7. Responsibilities Regarding Law-Related Services. ............................ 87 RULES 6.1–6.6. PUBLIC SERVICE. .................................................................. 89 Rule 6.1. Pro Bono Publico Service. .................................................................... 89 Rule 6.2. Accepting Appointments. ..................................................................... 90 Rule 6.3. Legal Services Organizations and Lawyer Referral Services. ........... 91 Rule 6.4. Law Reform Activities Affecting Client Interests. ............................. 93 Rule 6.5. Professional Conduct. .......................................................................... 94 Rule 6.6. Nonprofit and Court-Annexed Limited Legal Services Programs. .... 95 RULES 7.1–7.5. INFORMATION ABOUT LEGAL SERVICES. .................... 96 Rule 7.1. Communications Concerning a Lawyer’s Services. ............................ 96 Rule 7.2. Advertising. .......................................................................................... 97 Michigan Rules of Professional Conduct 2 Last Updated 9/3/2021 Rule 7.3. Solicitation. .......................................................................................... 98 Rule 7.4. Communication of Fields of Practice. ................................................ 100 Rule 7.5. Firm Names and Letterheads. .......................................................... 100 RULES 8.1–8.5. MAINTAINING THE INTEGRITY OF THE PROFESSION. ..................................................................................................... 101 Rule 8.1. Bar Admission and Disciplinary Matters. ........................................ 101 Rule 8.2. Judicial and Legal Officials. .............................................................. 102 Rule 8.3. Reporting Professional Misconduct. .................................................. 103 Rule 8.4. Misconduct. ........................................................................................ 104 Rule 8.5. Disciplinary Authority; Choice of Law. ............................................. 104 Michigan Rules of Professional Conduct 3 Last Updated 9/3/2021 MICHIGAN RULES OF PROFESSIONAL CONDUCT RULE 1.0. SCOPE AND APPLICABILITY Rule 1.0. 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 1.0. (b) Failure to comply with an obligation or prohibition imposed by a rule is a basis for invoking the disciplinary process. 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. 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. 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 1.0, 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. As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s
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