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Some portions of the collection may already be severely out of date, so please be cautious in your use of this material.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

Comment - Rule 6.3

[1] Lawyers should be encouraged to support and participate in legal service organizations. A lawyer who is an officer or a member of such an organization does not thereby have a client-lawyer relationship with persons served by the organization. However, there is potential conflict between the interests of such persons and the interests of the lawyer's clients. If the possibility of such conflict disqualified a lawyer from serving on the board of a legal services organization, the profession's involvement in such organizations would be severely curtailed.

[2] It may be necessary in appropriate cases to reassure a client of the organization that the representation will not be affected by conflicting loyalties of a member of the board. Established, written policies in this respect can enhance the credibility of such assurances.

[3] The restriction on lawyer participation with legal services and lawyer referral service organizations to those that file their plans with the State Bar of Michigan is intended to facilitate the establishment of a single, central repository of all such organizations in Michigan and of the terms and conditions under which they operate. The existence of that repository would make it possible for the State Bar of Michigan annually to prepare and make publicly available a directory of legal services and lawyer referral service organizations in Michigan. Absent such a central repository, reliable information concerning the status of all such organizations might not be available.

Staff Comment to 1990 Amendment

[4] The 1990 amendment to MRPC 6.3(b) was made at the request of the State Bar of Michigan.

Staff Comment to 1998 Amendment

[5] The April 1998 amendment of MRPC 6.3 was recommended by the State Bar of Michigan. The amended rule provides that a lawyer referral service may not make fee-generating referrals to lawyers who have an ownership or employment interest in the service. The rule also distinguishes services established and operated in the public interest from for-profit ventures and those of private law firms; establishes minimum uniform standards for making referrals and operating the referral business in the public interest; and helps clarify the public understanding of the types of services advertised and offered by different delivery systems.