• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Michigan Rules on Conflicted Legal Representation in LLCs

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

arthur_dent

New member
I am looking for the Michigan rules on conflicted legal representation where there is a dispute among LLC members.

For New York law, I found this very helpful article:
[link removed]

Which names the following rules:

"
In pertinent part, Rule 1.7 prohibits a lawyer from concurrently representing multiple clients with “differing interests” unless the following four conditions are satisfied:
  1. the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
  2. the representation is not prohibited by law;
  3. the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
  4. each affected client gives informed consent, confirmed in writing.
"

If I was in New York, this would answer my question perfectly. But, are the rules in Michigan the same? If not, what are they, or where can I find them?

Thanks!
 
Last edited by a moderator:


quincy

Senior Member
I am looking for the Michigan rules on conflicted legal representation where there is a dispute among LLC members.

For New York law, I found this very helpful article:
[Link removed]
Which names the following rules:

"
In pertinent part, Rule 1.7 prohibits a lawyer from concurrently representing multiple clients with “differing interests” unless the following four conditions are satisfied:
  1. the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
  2. the representation is not prohibited by law;
  3. the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
  4. each affected client gives informed consent, confirmed in writing.
"

If I was in New York, this would answer my question perfectly. But, are the rules in Michigan the same? If not, what are they, or where can I find them?

Thanks!
You should look at the Michigan Rules of Professional Conduct.

Here is a link:
https://courts.michigan.gov/Courts/MichiganSupremeCourt/rules/Documents/Michigan Rules of Professional Conduct.pdf

Your post was reported to have the link to the attorney website removed.
 

Litigator22

Active Member
I am looking for the Michigan rules on conflicted legal representation where there is a dispute among LLC members.

For New York law, I found this very helpful article:
[link removed]

Which names the following rules:

"
In pertinent part, Rule 1.7 prohibits a lawyer from concurrently representing multiple clients with “differing interests” unless the following four conditions are satisfied:
  1. the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;
  2. the representation is not prohibited by law;
  3. the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and
  4. each affected client gives informed consent, confirmed in writing.
"

If I was in New York, this would answer my question perfectly. But, are the rules in Michigan the same? If not, what are they, or where can I find them?

Thanks!
You are looking for answers in the wrong places. And seemingly because of your ignorance of the very purpose of forming an LLC which is to create a legal entity that exists separate and apart from its individual members.

In consequence if the LLC engages an attorney for whatever purpose, the attorney/client relationship is a condition existing solely between the attorney and the LLC! Your quarrels are with the membership of the LLC, not the attorney hired by the LLC.
.
 

quincy

Senior Member
You are looking for answers in the wrong places. And seemingly because of your ignorance of the very purpose of forming an LLC which is to create a legal entity that exists separate and apart from its individual members.

In consequence if the LLC engages an attorney for whatever purpose, the attorney/client relationship is a condition existing solely between the attorney and the LLC! Your quarrels are with the membership of the LLC, not the attorney hired by the LLC.
.
If memory serves me, the underlying question was actually answered in an article published by a law firm in New York. The link to the article was removed because it was an advertisement for the law firm.

Arthur wanted to know if the Professional Rules of Conduct in Michigan are the same as New York’s Rules.

(Arthur may want to look at Michigan’s Rule 1.13)
 
Last edited:

Sponsored Ad

Top