Court rule affected - 2.507
Admin no. - 2008-11
Issued - 4-5-11
Effective - 9-1-11
Deletes the reference to later denials of an oral settlement agreement, thus tightening the requirement that settlement agreements be in writing.
Sunday, February 20, 2011
Attorneys' fees in no-fault cases
Court rule affected - 8.121
Admin no. - 2007-17
Issued - 10-26-10
Would add claims for no-fault benefits to the rule governing contingent fees.
Several groups have posted comments in opposition on the grounds that the amendment might prohibit the award of attorneys fees based on an hourly rate. They argue that the court should have the discretion to award an attorney fee that exceeds 1/3 of the amount recovered, as a penalty for unreasonable denial or delay in payment.
Link
Admin no. - 2007-17
Issued - 10-26-10
Would add claims for no-fault benefits to the rule governing contingent fees.
Several groups have posted comments in opposition on the grounds that the amendment might prohibit the award of attorneys fees based on an hourly rate. They argue that the court should have the discretion to award an attorney fee that exceeds 1/3 of the amount recovered, as a penalty for unreasonable denial or delay in payment.
Link
Pro hac vice
Court rule affected - 8.126
Admin no. - 2004-08
Issued - 10-26-10
A revision of a rule adopted in September 2008 governing appearances by out-of-state attorneys. Would add specific arbitration proceedings to the hearings in question.
Admin no. - 2004-08
Issued - 10-26-10
A revision of a rule adopted in September 2008 governing appearances by out-of-state attorneys. Would add specific arbitration proceedings to the hearings in question.
Termination of attorney-client relationship
Court rule affected - 2.117
Admin no. - 2007-18
Issued - 11-23-10
Declined to adopt, file closed - April 2010
Would add language to (C)(1) that would allow a notice by an attorney to his client that the attorney is terminating the relationship to be self-executing. An order of the presiding court would not be required.
The added language would likely also affect the accrual date, based on last date of service, in legal malpractice cases.
Note: the Staff Comment disregards this significant change in the law.
[additions in bold]
(C) Duration of Appearance by Attorney.
(1) Unless otherwise stated or ordered by the court, and except as otherwise provided by these rules, an attorney's appearance applies only in the court in which it is made, or to which the action is transferred, until a final judgment is entered disposing of all claims by or against the party whom the attorney represents and the time for appeal of right has passed, or until the attorney notifies the attorney’s client that the attorney is terminating representation of the client. Follow-up or ministerial acts performed by the attorney with regard to the client’s file following notice of termination do not extend the attorney-client relationship. The appearance applies in an appeal taken before entry of final judgment by the trial court.
(2) An attorney who has entered an appearance may withdraw from the action or be substituted for only on order of the court, or as allowed in subsection (C)(1).
Staff Comment: The proposed amendment would revise MCR 2.117 to provide that an attorney-client relationship continues until a final judgment is reached and the period allowed to appeal by right has expired unless the attorney discontinued the relationship before that time. Also the proposal would clarify that follow-up or ministerial actions performed by the attorney following notice of termination do not extend the attorney-client relationship.
Admin no. - 2007-18
Issued - 11-23-10
Declined to adopt, file closed - April 2010
Would add language to (C)(1) that would allow a notice by an attorney to his client that the attorney is terminating the relationship to be self-executing. An order of the presiding court would not be required.
The added language would likely also affect the accrual date, based on last date of service, in legal malpractice cases.
Note: the Staff Comment disregards this significant change in the law.
[additions in bold]
(C) Duration of Appearance by Attorney.
(1) Unless otherwise stated or ordered by the court, and except as otherwise provided by these rules, an attorney's appearance applies only in the court in which it is made, or to which the action is transferred, until a final judgment is entered disposing of all claims by or against the party whom the attorney represents and the time for appeal of right has passed, or until the attorney notifies the attorney’s client that the attorney is terminating representation of the client. Follow-up or ministerial acts performed by the attorney with regard to the client’s file following notice of termination do not extend the attorney-client relationship. The appearance applies in an appeal taken before entry of final judgment by the trial court.
(2) An attorney who has entered an appearance may withdraw from the action or be substituted for only on order of the court, or as allowed in subsection (C)(1).
Staff Comment: The proposed amendment would revise MCR 2.117 to provide that an attorney-client relationship continues until a final judgment is reached and the period allowed to appeal by right has expired unless the attorney discontinued the relationship before that time. Also the proposal would clarify that follow-up or ministerial actions performed by the attorney following notice of termination do not extend the attorney-client relationship.
Wednesday, November 3, 2010
Lawyer advertising
Date: 7-13-2010
Adm. no.: 2002-24
Rule: MRPC 7.3
Comments closed: 11-1-10
Would add a new subparagraph (c):
Every written, recorded, or electronic communication from a lawyer that seeks professional employment from a prospective client shall include the words “Advertising Material” prominently featured on the outside envelope, if any, and at the beginning and ending of any written, recorded, or electronic communication, unless the lawyer has a family or prior professional relationship with the recipient. If a written communication is in the form of a self-mailing brochure, pamphlet, or postcard, the words “Advertising Material” shall appear on the address panel of the brochure, pamphlet, or postcard.
AGC provisions
Date: 11-1-2010
Adm. no.: 2006-38
Comments due: 3-1-2011
Rules: 8.110, 8.120, 9.110 et seq.
A 71-page order, incorporating for some sections two alternative proposals, to amend the rules relating to professional disciplinary proceedings. In addition to the proposal, the Court has made available a memorandum jointly prepared by the Attorney Grievance Commission and the State Bar of Michigan, and a chart depicting the differences between the two different proposals.
Order - 71 pages
Chart - another 121 pages
Thursday, October 28, 2010
MRPC changes
See Michigan Supreme Court Makes Significant Amendments to the Rules of Professional Conduct at the Michigan State Bar's weblog.
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