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End-of-life notice: American Legal Ethics Library

As of March 1, 2013, the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs. It is very possible that we will revive it at a future time. At this point, it is in need of a complete technological renovation and reworking of the "correspondent firm" model which successfully sustained it for many years.

Many people have contributed time and effort to the project over the years, and we would like to thank them. In particular, Roger Cramton and Peter Martin not only conceived ALEL but gave much of their own labor to it. We are also grateful to Brad Wendel for his editorial contributions, to Brian Toohey and all at Jones Day for their efforts, and to all of our correspondents and contributors. Thank you.

We regret any inconvenience.

Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.


Michigan Legal Ethics

VI. PUBLIC SERVICE

6.1   Rule 6.1 Pro Bono Public Service

6.1:100   Comparative Analysis of MI Rule

Primary Michigan References: MI Rule 6.1
Background References: ABA Model Rule 6.1, Other Jurisdictions
Commentary:

6.1:101      Model Rule Comparison

Michigan adopted MR 6.1 exactly.

6.1:102      Model Code Comparison

[The discussion of this topic has not yet been written.]

6.1:200   Lawyer's Moral Obligation to Engage in Public Interest Legal Service

Primary Michigan References: MI Rule 6.1
Background References: ABA Model Rule 6.1, Other Jurisdictions
Commentary: ABA/BNA 91:6001, ALI-LGL , Wolfram 16.9
MI Commentary: Dubin and Schwartz MRPC 6.1

In 1990, the Representative Assembly of the State Bar of Michigan approved voluntary standards for pro bono participation by Michigan lawyers to supplement MRPC 6.1. The guidelines provide that an attorney may meet the pro bono obligation by such means as providing representation without charge to a minimum of three low income individuals, providing a minimum of thirty hours of legal services without charge to low income individuals or organizations, and contributing a minimum of thirty hours to a not for profit program organized for the purpose of delivering legal services to low income individuals or organizations.

6.2   Rule 6.2 Accepting Appointments

6.2:100   Comparative Analysis of MI Rule

Primary Michigan References: MI Rule 6.2
Background References: ABA Model Rule 6.2, Other Jurisdictions
Commentary:

6.2:101      Model Rule Comparison

Michigan adopted MR 6.2 exactly.

6.2:102      Model Code Comparison

[The discussion of this topic has not yet been written.]

6.2:200   Duty to Accept Court Appointments Except for Good Cause

Primary Michigan References: MI Rule 6.2
Background References: ABA Model Rule 6.2, Other Jurisdictions
Commentary: ABA/BNA 91:6201, ALI-LGL 14, Wolfram 16.9
MI Commentary: Dubin and Schwartz MRPC 6.2

There appear to be no Michigan decisions or State Bar of Michigan ethics opinions interpreting this topic.

6.3   Rule 6.3 Membership in Legal Services Organization

6.3:100   Comparative Analysis of MI Rule

Primary Michigan References: MI Rule 6.3
Background References: ABA Model Rule 6.3, Other Jurisdictions
Commentary:

6.3:101      Model Rule Comparison

Michigan has added a provision to the Model Rule authorizing a lawyer to participate in a not-for-profit referral service or legal service organization that recommends, furnishes, or pays for legal services to its member or beneficiaries subject to filing a written plan with the State Bar of Michigan.

6.3:102      Model Code Comparison

[The discussion of this topic has not yet been written.]

6.3:200   Conflicts of Interest of Lawyers Participating in a Legal Services Organization

Primary Michigan References: MI Rule 6.3
Background References: ABA Model Rule 6.3, Other Jurisdictions
Commentary: ABA/BNA 91:6401, ALI-LGL 135, Wolfram 16.7.4
MI Commentary: Dubin and Schwartz MRPC 6.3

There appear to be no Michigan decisions or State Bar of Michigan ethics opinions interpreting this topic.

6.4   Rule 6.4 Law Reform Activities Affecting Client Interests

6.4:100   Comparative Analysis of MI Rule

Primary Michigan References: MI Rule 6.4
Background References: ABA Model Rule 6.4, Other Jurisdictions
Commentary:

6.4:101      Model Rule Comparison

Michigan adopted MR 6.4 exactly.

6.4:102      Model Code Comparison

[The discussion of this topic has not yet been written.]

6.4:200   Conflicts of Interest of Lawyers Participating in Law Reform Organizations

Primary Michigan References: MI Rule 6.4
Background References: ABA Model Rule 6.4, Other Jurisdictions
Commentary: ABA/BNA 91:6401, Wolfram 13.8
MI Commentary: Dubin and Schwartz MRPC 6.4

There appear to be no Michigan decisions or State Bar of Michigan ethics opinions interpreting this topic.

6.5   Rule 6.5 Nonprofit and Court-Annexed Limited Legal Service Programs

6.5:100   Comparative Analysis of MI Rule

Primary Michigan References:
Background References: ABA Model Rule 6.5, Other Jurisdictions
Commentary:

MR 6.5 was added in February 2002. The Reporter's explanation of the change reads as follows:

Rule 6.5 is a new Rule in response to the Commission's concern that a strict application of the conflict-of-interest rules may be deterring lawyers from serving as volunteers in programs in which clients are provided short-term limited legal services under the auspices of a nonprofit organization or a court-annexed program. The paradigm is the legal-advice hotline or pro se clinic, the purpose of which is to provide short-term limited legal assistance to persons of limited means who otherwise would go unrepresented.

6.5:101      Model Rule Comparison

Michigan has not adopted the new model rule.

6.5:200   Scope of Rule

Primary Michigan References:
Background References: ABA Model Rule 6.5, Other Jurisdictions
Commentary:

Michigan has not adopted the new model rule.

6.5:300   Special Conflict of Interest Rule

Primary Michigan References:
Background References: ABA Model Rule 6.5, Other Jurisdictions
Commentary:

Michigan has not adopted the new model rule.