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II. B. "THE FORMATION OF THE ATTORNEY CLIENT RELATIONSHIP" Exhibit:, Initial Meeting and conflict ofinterest MRPC 1.7 Conflict ofInterest: General Rule Common Conflicts ofInterest in Estate Administration , / ) MRPC 1.8 Conflict ofInterest: Prohibited Transactions MRPC 1.9 Conflict ofInterest: Former Client ( ) "--
MRPC 1.7 WEST'S MICIDGAN RULES OF COURT MICIDGAN COURT RULES OF 1985 MICHIGAN RULES OF PROFESSIONAL CONDUCT CLIENT-LAWYER RELATIONSHIP Copr. © West Group 2003. All rights reserved.. Current with amendments received through January 1, 2003 ( RULE 1.7 CONFLICT OF INTEREST: GENERAL RULE (a) A lawyer shall not represent a client ifthe representation ofthat client will be directly adverse to another client, unless: (1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and (2) each client consents after consultation. (b) A lawyer shall not represent a clientifthe representation ofthat client may be materially limited by the lawyer's responsibilities to another client or to a third person, orby the lawyer's own interests, unless: (1) the lawyer reasonably believes the representation willnot be adversely affected; and (2) the client consents after consultation. When representation ofmultiple clients in a single matter is undertaken, the consultation shall include explanation ofthe implications ofthe common representation and the advantages and risks involved. . [Amended effective June 7, 1989.] Comment ( Loyalty to a Client. Loyaltyisan essentialelement in the lawyer's relationship to a client. An impermissibleconfIict ofinterest may exist before representation is undertaken, in which event the representation should be declined. The lawyer should adopt reasonable procedures, appropriate for the size and type of:fum. and practice, to determine in both litigation and nonlitigation matters the parties and issues involved and to determine whether there are actual or potential conflicts ofinterest. Ifsuch a conflict arises after representation has been undertaken, the lawyer should withdraw from the representation. See Rule 1.16. Where more than one client is involved and the lawyer withdraws because a conflict arises after representation, whether the lawyer may continue to represent any ofthe clients is determined by Rule 1.9. See also. Rule 2.2(c). As to whether a client-lawyer relationship exists or, having once been established, is continuing, see comment to Rule 1.3 and Scope, ante. . As a general proposition, loyalty to a client prohibits undertaking representation directly adverse to that client without that client's consent. Paragraph (a) expresses that general rule. Thus, a lawyer ordinarily may not act as advocate againsta person the lawyer represents in some other matter, even ifit is wholly unrelated. On the other hand, simultaneous representation in unrelated matters ofclients whose interests are only generally adverse, such as competing economic enterprises, does not require consent ofthe respective clients. Paragraph (a) applies only when the representation ofone client would be directly adverse to the other. Loyalty to a client is. also impaired when a lawyer cannot consider, recommend, or carry out an appropriate course ofaction for the client because ofthe lawyer's other responsibilities or interests. The conflict in effect forecloses alternatives that would otherwise be available to the client. Paragraph (b) addresses such situations. A possible conflict does not itselfpreclude the representation. The critical questions are the likelihood that a conflict will eventuate and, ifit (
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Page 3 and 4: II. B. "'fHE F0RMATION--OF-THE ATTO
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Page 43 and 44: Independence from Client's Views or
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'The principle ofconfidentiality is
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.reasonably believes is necessary t
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TERMINATING THE REPRESENTATION IN W
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NICHOLS & EBERTH, P.C. ATIORNEYS AN
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MRPC 1.16 WEST'S MICHIGAN RULES OF
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IOLTA Trust Account Client Funds -U
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Yes, You Have to Do "Math" ~ Factor
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.~ OTHER IOLTA FACTS fi Michigan St
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YOU ARE YOUR STAFF • You are resp
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fees, the lawyer's services, prepar
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new or different. Ifyour existing a
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Michigan Rules of Professional Cond
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TEN MOST COMMON COMPLAINTS FROM CLI
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( • My attorney did not keep me i
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7. My attorney used to represent me
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(~ \. I PROFESSIONAL DISCIPLINARY P
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answer is sent to complainant with
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Respondent to file a reinstatement
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( TIPS AND TOOLS FOR A SUCCESSFUL P
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The Burden of Stigma Barrier to Tre
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Successful treatment and recovery f
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These people were, in a haphazard f
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Time Out for Attorneys SubmittedbyN
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the top ofyour head, make a concert
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Now when you live about 95% ofyour
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USE, ABUSE, and ADDICTION A fine li
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According to a 1991 Johns Hopkins U
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Why do lawyers have a higher incide
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, ( [This article first appeared in
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The program "is not designed to res
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Endnotes (1) American Bar Associati
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Twenty Questions: Are You a Person
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EFFECTIVE FEE AGREEMENTS Kenneth M.
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H. Include information about your f
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When the lawyer has not regularly r
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"Task based" or "stage-by-stage" bi
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[requiring reasonable fees; footnot
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15. Do not charge unreasonable cost
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Mwbigan Supreme Court - ADM File No
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A written statement concerning the
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Print View ofhttp://www.abanet.org/
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oughtbythe lawyers seeking payment
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STATE OF MICHIGAN Attorney DiscipHn
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Grievance Administrator v Harry R.
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FIFTY WAYS TO LEAVE YOUR CLIENT BYA
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sent clients and the local rules of
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Resources for Assistance in Complyi
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"(a) A lawyer shall not enter into
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must be advised ofthe identity ofth
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STATE OF MICHIGAN Attomey Disciplin
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Grievance Administrator v Patricia
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( Steps in the RM Process ~. 1. Est
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Claim Frequency by Practice Area (
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( Trap # 1 Failure to "Qualify Your
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( Go ;91e S8M Search Tips and Tools
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( ~ ~ RESOURCES ~ ~. ABA Law Practi
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( Try Online Fax Services Send and
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Frequently Asked Questions on the S
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the legal process. A. Do not blame
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The 10 Commandments To Avoid Discip
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