MSC to take up rules on fee arrangements, conflicts of interest

Changes to the Michigan Rules of Professional Conduct – the rules that govern attorney ethics – are on the agenda for the Michigan Supreme Court’s public administrative hearing on May 12 at 9:30 a.m.

The proposed changes (ADM 2009-06) include amendments to MRPC 1.5, 1.7, 1.8, 3.1, 3.3, 3.4, 3.5, 3.6, 5.4, 5.5, and 8.5 of the Michigan Rules of Professional Conduct, as well as proposed new rules, MRPC 2.4, 5.7, and 6.6. Subjects covered include fee arrangements, conflicts of interest, trial publicity, and multijurisdictional practice. Some amendments were offered by the State Bar of Michigan, while others originated with the Attorney Grievance Commission.

Also on the agenda:

  • ADM 2008-25, Proposed Amendment of Rule 6.433 of the Michigan Court Rules

Whether to adopt the proposed amendment of MCR 6.433 that would require a defendant in postconviction proceedings to show good cause to obtain a second set of court documents.

  • ADM 2009-18, Proposed Amendments of Rules 7.211, 7.313, and 8.119 of the Michigan Court Rules

Whether to adopt the proposed amendments of MCR 7.211, 7.313, and 8.119 that would clarify that materials that relate to a motion to seal a record and are filed with a trial court, the Court of Appeals, or Supreme Court, are nonpublic materials until the court disposes of the motion.

  • ADM 2009-26, Amendments of Rules 5.105, 5.125, 5.201, 5.501, 5.801, and 5.802 of the Michigan Court Rules and Proposed New Rule 5.208 of the Michigan Court Rules (to Replace Rules 5.306 and 5.503)

Consideration of comments received regarding amendments that became effective April 1, 2010, which were adopted as a result of the enactment of the Michigan Trust Code.

The administrative hearing will be held in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915. Persons who wish to address the Court regarding agenda items will be allotted three minutes each to present their views, after which the speakers may be questioned by the Justices. To reserve a place on the agenda, please notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at, no later than Monday, May 10, 2010.

The public hearing, which will be adjourned no later than 11:30 a.m., will be followed by the Court’s regularly scheduled public administrative conference.

Agendas for the Court’s public administrative conferences may be viewed online here.

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