Rules Concerning the State Bar of Michigan 1 Last Updated 9/1/2023
Rules Concerning the State Bar of Michigan
Table of Contents
Rule 1. State Bar of Michigan. ................................................................................. 2
Rule 2. Membership. ................................................................................................ 2
Rule 3. Membership Classes. ................................................................................... 3
Rule 4. Membership Dues. ....................................................................................... 5
Rule 5. Board of Commissioners. ............................................................................. 6
Rule 6. Representative Assembly. ........................................................................... 9
Rule 7. Officers. ........................................................................................................ 12
Rule 8. Executive Director. ...................................................................................... 15
Rule 9. Disbursements. ............................................................................................ 15
Rule 10. Annual Meeting. ........................................................................................ 15
Rule 11. Committees. ............................................................................................... 15
Rule 12. Sections. ..................................................................................................... 16
Rule 13. Initiative. ................................................................................................... 16
Rule 14. Congress. .................................................................................................... 17
Rule 15. Admission to the Bar. ................................................................................ 17
Rule 16. Unauthorized Practice of the Law. ........................................................... 22
Rule 17. Mandatory Legal Education Program for New Admittees to the Michigan Bar. ... 23
Rule 19. Confidentiality of State Bar Records. ....................................................... 23
Rule 20. Client Protection Fund. ............................................................................. 24
Rule 21. Mandatory Interim Administrator Planning. .......................................... 25
Rules Concerning the State Bar of Michigan 2 Last Updated 9/1/2023
RULES CONCERNING THE STATE BAR OF MICHIGAN
Rule 1. State Bar of Michigan.
The State Bar of Michigan is the association of the members of the bar of this state,
organized and existing as a public body corporate pursuant to powers of the
Supreme Court over the bar of the state. The State Bar of Michigan shall, under
these rules, aid in promoting improvements in the administration of justice and
advancements in jurisprudence, in improving relations between the legal profession
and the public, and in promoting the interests of the legal profession in this state.
Rule 2. Membership.
Those persons who are licensed to practice law in this state shall constitute the
membership of the State Bar of Michigan, subject to the provisions of these rules.
Law students may become section members of the State Bar Law Student Section.
None other than a member’s correct name shall be entered upon the official register
of attorneys of this state. Each member, upon admission to the State Bar and in the
annual licensing statement, must provide the State Bar with:
(A) The member’s correct name, physical address, and email address, that can be
used, among other things, for the annual licensing statement and to effectuate
electronic service as authorized by court rule, and such additional information as
may be required. If the physical address provided is a mailing address only, the
member also must provide a street or building address for the member’s business or
residence. No member shall practice law in this state until the information
required in this Rule has been provided. Members shall promptly notify the State
Bar in writing of any change of name, physical address, or email address. The State
Bar shall be entitled to due notice of, and to intervene and be heard in, any
proceeding by a member to alter or change the member’s name. The name and
address on file with the State Bar at the time shall control in any matter arising
under these rules involving the sufficiency of notice to a member or the propriety of
the name used by the member in the practice of law or in a judicial election or in an
election for any other public office.
(B) A certification as to whether the member is in private practice. The signed
certification shall be placed on the annual licensing statement and shall require the
member’s signature or electronic signature. If the member is in private practice,
the certification must also include:
(1) whether the member or the member’s law firm has a policy to maintain interest-
bearing trust accounts for deposit of client and third-party funds; and
(2) beginning in 2023, a designation of the attorney’s Interim Administrator, as
required by Rule 21. If the attorney is designating his or her own Interim
Administrator, the designation must include the name and address of the active
Rules Concerning the State Bar of Michigan 3 Last Updated 9/1/2023
Michigan attorney in good standing or a Michigan law firm that includes at least
one other Michigan attorney in good standing, who will serve, if needed, as the
member’s Interim Administrator.
(C) An indication whether the member is willing to be placed on the State Bar’s list
of members who agree to serve as Interim Administrator for other members.
Rule 3. Membership Classes.
(A) Active.
A person engaged in the practice of law in Michigan must be an active member of
the State Bar. In addition to its traditional meaning, the term “person engaged in
the practice of law” in this rule includes a person licensed to practice law in
Michigan or another jurisdiction and employed in Michigan in the administration of
justice or in a position which requires that the person be a law school graduate, but
does not include (1) a judicial law clerk who is a member or is seeking to become a
member of the bar of another jurisdiction and who does not intend to practice in
Michigan after the clerkship ends, or (2) an instructor in law. Only an active
member may vote in a State Bar election or hold a State Bar office. A person not an
active member who engages in the practice of law is subject to discipline or
prosecution for unauthorized practice.
(B) Inactive.
An active member may request an inactive classification.
(1) If the period of inactivity is less than 3 years, the member may be
reclassified as active by
(a) applying to the State Bar secretary;
(b) paying the full amount of the annual dues for the current fiscal year; and
(c) demonstrating that no disciplinary action has been taken or is currently
pending in another jurisdiction.
(2) If the period of inactivity is 3 years or more, the member must, in addition to
fulfilling the requirements of subrule (B)(1)(a)-(c), obtain a certificate from the
Board of Law Examiners that the member possesses sufficient ability and
learning in the law to enable the member to properly practice as an attorney
and counselor in Michigan.
If the inactive member has been or is currently subject to disciplinary action in
another jurisdiction, the application must be referred to the Attorney Discipline
Board and action on the application delayed until the board makes a decision.
(C) Law Student.
A student in good standing at a law school approved by the Board of Law
Examiners or the American Bar Association may be a member of the law student
section.
Rules Concerning the State Bar of Michigan 4 Last Updated 9/1/2023
(D) Affiliate.
A legal assistant as defined in the State Bar bylaws may become an affiliate
member of the State Bar of Michigan and shall thereupon be a member of the legal
assistants section. A legal administrator as defined in the State Bar bylaws may
become an affiliate member of the State Bar of Michigan and shall thereupon be a
member of the legal administrators section.
(E) Resignation.
An active or inactive member who is not subject to pending disciplinary action in
this state or any other jurisdiction may resign from membership by notifying the
secretary of the State Bar in writing. The secretary shall notify the member when
the request is accepted, whereupon the member no longer will be qualified to
practice law in Michigan and no longer will be eligible to receive any other member
benefits. The secretary of the State Bar also shall notify the clerk of the Supreme
Court of the resignation. To be readmitted as a member of the State Bar, a person
who has voluntarily resigned and who is not otherwise eligible for admission
without examination under Rule 5 of the Rules for the Board of Law Examiners
must reapply for admission, satisfy the Board of Law Examiners that the person
possesses the requisite character and fitness to practice law, obtain a passing score
on the Michigan Bar Examination, and pay applicable fees and dues. Resignation
does not deprive the Attorney Grievance Commission or the Attorney Discipline
Board of jurisdiction over the resignee with respect to misconduct that occurred
before the effective date of resignation.
(F) Emeritus Membership.
Effective October 1, 2004, an active or inactive member who is 70 years of age or
older or has been a member of the State Bar for at least 30 years, and who is not
subject to pending disciplinary action in this state or any other jurisdiction, may
elect emeritus status by notifying the secretary of the State Bar in writing. The
secretary shall notify the member when the request is accepted, whereupon the
member no longer will be qualified to practice law in Michigan, but will be eligible
to receive other member benefits as directed by the Board of Commissioners of the
State Bar. The secretary of the State Bar also shall notify the clerk of the Supreme
Court when a member is given emeritus status. Members who were age 70 or older
as of October 1, 2003, who resigned or were suspended from membership after
October 1, 2003, but before September 30, 2004, for nonpayment of dues are to be
automatically reinstated as emeritus members, effective October 1, 2004, unless
they notify the secretary of the State Bar that they do not wish to be reinstated.
(1) Grievances and Discipline. Emeritus status does not deprive the Attorney
Grievance Commission or the Attorney Discipline Board of jurisdiction over the
emeritus member.
(2) Readmission. To be readmitted as an active member of the State Bar, a
member who has voluntarily elected emeritus status and who is not otherwise
eligible for admission without examination under Rule 5 of the Rules for the
Rules Concerning the State Bar of Michigan 5 Last Updated 9/1/2023
Board of Law Examiners must reapply for admission, satisfy the Board of Law
Examiners that the person possesses the requisite character and fitness to
practice law, obtain a passing score on the Michigan Bar Examination, and pay
applicable fees and dues.
Rule 4. Membership Dues.
(A) An active member’s dues for each fiscal year (October 1 through September 30)
are payable at the State Bar’s principal office by October 1 of each year. The dues
consist of three separate amounts to be set by the Supreme Court to fund: (1) the
Attorney Grievance Commission and the Attorney Discipline Board, (2) the client
security fund administered by the State Bar, and (3) other State Bar expenses.
Each amount shall be listed separately in the dues notice. An inactive member
shall be assessed one-half the amounts assessed an active member for the client
security fund and general expenses, but the full amount designated for the
discipline agencies.
(B) A member who is admitted to the State Bar between April 1 and September 30
shall be assessed one-half the full amount of dues for that fiscal year.
(C) Dues notices must be sent to all members before September 20. A $50 late
charge will be added to a dues payment postmarked after November 30. The State
Bar must send a written notice of delinquency to the last recorded address provided
as required by Rule 2 to a member who fails to pay dues by November 30. Active
members must be notified by registered or certified mail. Inactive members must
be notified by first class mail. If the dues and the late charge are not paid within 30
days after the notice is sent, the individual is suspended from membership in the
State Bar. If an individual is not subject to a disciplinary order and the suspension
is for less than 3 years, the member will be reinstated on the payment of dues, a
$100 reinstatement fee, and late charges owing from the date of the suspension to
the date of the reinstatement. If the suspension is for 3 years or more, the
individual must also apply for recertification under Rule 8 for the Board of Law
Examiners.
(D) A person who has been a member of the State Bar for at least 50 years shall not
be assessed general expenses, but shall pay the full amount assessed other
members for the client security fund and the discipline agencies. A member who
elects emeritus status pursuant to Rule 3(F) is exempt from paying dues.
(E) An active or inactive member in good standing serving in the United States
Armed Forces in full-time active-duty status, as defined by the United States
Department of Defense, is eligible for a waiver of payment of dues, including the
attorney discipline system fee and the client security fund assessment. An
application for a waiver of dues that includes a copy of military orders showing
federal active-duty status must be made for each year for which a dues waiver is
requested, and a waiver will be granted up to a total of four times. A member for
whom a waiver of dues is granted continues to be subject to the disciplinary system.
Rules Concerning the State Bar of Michigan 6 Last Updated 9/1/2023
(F) Annual dues for affiliate members and law student section members are
established annually by the Board of Commissioners in an amount not to exceed
one-third of the portion of dues for active members which fund State Bar activities
other than the attorney discipline system and are payable at the State Bar’s
principal office by October 1 of each year.
(G) All dues are paid into the State Bar treasury and maintained in segregated
accounts to pay State Bar expenses authorized by the Board of Commissioners and
the expenses of the attorney discipline system within the budget approved by the
Supreme Court, respectively.
Rule 5. Board of Commissioners.
Section 1. Powers, Functions, and Duties.
(a) The Board of Commissioners shall
(1) implement policy adopted by the assembly;
(2) establish policy for the State Bar between assembly meetings not
inconsistent with prior action of the assembly;
(3) manage the State Bar, adopt a budget for it, and supervise receipt and
disbursements of State Bar funds;
(4) prescribe the function and duties of committees;
(5) provide for the organization of sections (including a law student section) of
the State Bar, membership in which is voluntary, and determine the amount
and regulate the collection and disbursement of section dues;
(6) receive and review committee and section reports and recommendations
proposing action by the board and take interim or final action that the board
finds feasible, in the public interest, and germane to the functions and purposes
of the State Bar; and
(7) arrange for the publication of a journal to be issued at least 4 times a year
and sent to the active members without charge.
(b) The Board of Commissioners may
(1) adopt bylaws;
(2) appoint standing and special committees, including
(A) character and fitness,
(B) civil procedure,
(C) court administration,
(D) criminal jurisprudence,
(E) fiscal,
(F) grievance,
Rules Concerning the State Bar of Michigan 7 Last Updated 9/1/2023
(G) judicial qualifications,
(H) legal education,
(I) legislation,
(J) professional and judicial ethics,
(K) scope and correlation, and
(L) unauthorized practice of law;
(3) at the request of the governor, the legislature, or the supreme court, or on its
own initiative, conduct an investigation of any matter relating to the state’s
courts or tribunals, to the practice and procedure in them, or to the
administration of justice, and report to the officer or body making the request;
(4) acquire and hold real and personal estate by lease, purchase, gift, devise, or
bequest, and sell, convey, mortgage, pledge, or release property;
(5) borrow money and pledge for repayment in annual installments, in
anticipation of future revenues from annual membership dues, and issue notes,
but the total indebtedness outstanding may not at any time exceed 40 percent
and the principal installment due in one year may not exceed 8 percent of the
revenues from required annual membership dues for the 5 preceding fiscal
years;
(6) accept and hold real and personal estate in trust for any use or purpose
germane to the general functions and purposes of the State Bar;
(7) bring an action or proceeding at law or in equity in a state or federal court or
tribunal and intervene and be heard on an issue involving the membership or
affairs of the State Bar in an action or proceeding pending in a state or federal
court or tribunal.
(c) The board may assign these powers, functions, and duties to another State Bar
agency but the board may reverse or modify the exercise of a power, function, or
duty by a delegated agency.
Section 2. Membership; Terms.
The board consists of:
(1) 20 elected members, each serving a 3-year term commencing upon the
adjournment of the meeting of the outgoing Board of Commissioners held at the
annual meeting following the member’s election.
(2) 5 members appointed by the Supreme Court, each serving a 3-year term
commencing upon the adjournment of the meeting of the outgoing Board of
Commissioners held at the annual meeting following the member’s
appointment. In the event that a commissioner appointed by the Supreme
Court is not appointed before the adjournment of the annual meeting at which
time he or she would ordinarily take office, that member shall begin to serve
Rules Concerning the State Bar of Michigan 8 Last Updated 9/1/2023
immediately upon appointment. Except where appointment is made under
Section 5, such appointed commissioner shall be considered to have been in
office at the beginning of the term for which the appointment is made.
(3) The chairperson-elect, the chairperson and the immediate past chairperson
of the State Bar young lawyers section, each serving for the years during which
they hold those positions.
(4) The chairperson, vice-chairperson, and clerk of the assembly, each serving
for the years during which they hold those positions.
Section 3. Election Districts; Apportionment.
The board shall establish commissioner election districts consisting of contiguous
judicial circuits and containing, as nearly as practicable, an equal lawyer
population. The largest geographic area may have the highest deviation from
population equality.
The board shall review and revise election districts every 6 years. If, as the result
of a revision in election districts, no elected commissioner maintains his or her
principal office in a district or a district has fewer elected commissioners than it is
entitled to, the board may designate an elected commissioner or commissioner at
large for the district until the next annual election when the vacancy will be filled.
To provide for an orderly transition and to preserve the requirement that
approximately one-third of the elected board members are elected each year, the
board may extend the term of an elected commissioner for a period not exceeding
one year and the authorized membership of the board will be enlarged for the period
affected.
An elected commissioner whose district is merged with another district as the result
of a revision of commissioner election districts may nevertheless serve the full term
for which the commissioner was elected and the authorized membership of the
board will be temporarily enlarged for that purpose.
Section 4. Nomination and Election of Commissioners.
A commissioner is elected by the active members having their principal offices in
the election district. To be nominated, a member must have his or her principal
office in the election district and file a petition signed by at least 5 persons entitled
to vote for the nominee with the secretary at the principal office of the State Bar
between April 1 and April 30. Voting eligibility is determined annually on May 1.
Before June 2, the secretary shall mail or electronically deliver a ballot to everyone
entitled to vote. A ballot will not be counted unless marked and returned to the
secretary at the principal office of the State Bar in a sealed envelope bearing a
postmark date not later than June 15, or returned electronically or telephonically in
conformity with State Bar election procedure not later than June 15. A board of 3
tellers appointed by the president shall canvass the ballots, and the secretary shall
certify the count to the supreme court clerk. A member of or a candidate for the
board may not be a teller. The candidate receiving the highest number of votes will
Rules Concerning the State Bar of Michigan 9 Last Updated 9/1/2023
be declared elected. In the case of a tie vote, the tellers shall determine the
successful candidate by lot. In an election in which terms of differing length are to
be filled, the successful candidate with the lowest vote shall serve the shortest term
to be filled.
Section 5. Vacancy.
The board shall fill a vacancy among the elected commissioners and the Supreme
Court shall fill a vacancy among the appointed commissioners, to serve the
remainder of an unexpired term. If an elected commissioner moves his or her
principal office out of his or her election district, the board shall declare that a
vacancy exists. If an elected or appointed commissioner does not attend two
consecutive meetings of the board without being excused by the president because of
a personal or professional emergency, the president shall declare that a vacancy
exists.
Section 6. Meetings.
The board shall meet during the annual meeting of the State Bar and before the
convening of the assembly and shall hold not less than 4 meetings each year. The
interval between board meetings may not be greater than 3 months. A special
meeting may be held at the president’s call and must be held at the secretary’s call
at the request of three or more board members. At a meeting, a majority of the
board constitutes a quorum.
Section 7. Voting.
Each member of the board may cast only one vote. Voting by proxy is not
permitted.
By order dated May 10, 2005, this Court adopted the amendments of Rules 2, 5, and
6 of the Rules Concerning the State Bar of Michigan with immediate effect. 472
Mich cxii-cxv (2005). Notice and an opportunity for comment at the September 29,
2005, public hearing having been provided, and consideration having been given,
the amendments of Rules 2, 5, and 6 of the Rules Concerning the State Bar of
Michigan are retained.
Rule 6. Representative Assembly.
Section 1. Powers, Functions and Duties.
The Representative Assembly is the final policy-making body of the State Bar. No
petition may be made for an increase in State Bar dues except as authorized by the
Representative Assembly.
Section 2. Membership.
The assembly consists of:
(1) 142 elected representatives.
Rules Concerning the State Bar of Michigan 10 Last Updated 9/1/2023
(2) 8 commissioner representatives who are the members of the executive
committee of the Board of Commissioners. No other member of the board may
serve in the assembly.
Notwithstanding the provisions of this section, all representatives previously
appointed by the Supreme Court shall serve until the end of their terms. The
provisions of Section 6 with regard to the declaration of a vacancy shall also apply,
where applicable, to the remaining appointed representatives. Vacancies in
appointed positions shall not be filled. In order to achieve the increase in the
number of elected representatives from 130 to 142, the assembly shall allocate
additional seats each year as necessary to replace former appointed representatives
whose terms expire or whose seats have become vacant.
Section 3. Election Districts; Apportionment.
The assembly shall apportion the representatives every 6 years. The judicial
circuits are the election districts. Each judicial circuit is entitled to one
representative. The remaining seats are to be apportioned among the circuits on
the basis of lawyer population, determined on February 1 of the reapportionment
year. If as a result of the reapportionment any circuit becomes entitled to fewer
representatives than are currently elected therefrom, the assembly representatives
from that circuit may nevertheless serve the full terms for which they were elected
and the authorized membership of the assembly will be temporarily enlarged for
that purpose.
Section 4. Nomination and Election of Representatives.
A representative is elected by the active members having their principal offices in a
judicial circuit. To be nominated, a member must have his or her principal office in
the judicial circuit and file a petition signed by at least 5 persons entitled to vote for
the nominee with the secretary at the principal office of the State Bar between
April 1 and April 30. Voting eligibility is determined annually on May 1. Before
June 2, the secretary shall mail or electronically deliver a ballot to everyone entitled
to vote. When an assembly member seeks reelection, the election notification must
disclose his or her incumbency and the number of meetings of the assembly that the
incumbent has attended in the following form: “has attended ____ of ____ meetings
during the period of [his or her] incumbency.” A ballot may not be counted unless
marked and returned to the secretary at the principal office of the State Bar in a
sealed envelope bearing a postmark date not later than June 15, or returned
electronically or telephonically in conformity with State Bar election procedure not
later than June 15. A board of tellers appointed by the president shall canvass the
ballots and the secretary shall certify the count to the supreme court clerk. A
member of or candidate for the assembly may not be a teller. The candidate
receiving the highest number of votes will be declared elected. In the case of a tie
vote, the tellers shall determine the successful candidate by lot. An election will
occur in each judicial circuit every 3 years, except that in a judicial circuit entitled
to 3 or more representatives, one-third will be elected each year. If a short-term
Rules Concerning the State Bar of Michigan 11 Last Updated 9/1/2023
representative is to be elected at the same election as a full-term one, the member
with the higher vote total is elected to the longer term.
Section 5. Terms.
An elected representative shall serve a three-year term beginning with the
adjournment of the annual meeting following the representative’s election and until
his or her successor is elected. A representative may not continue to serve after
completing two successive three-year terms unless service is extended under the
provisions of Rule 7, Section 2.2
Section 6. Vacancy.
If an elected representative ceases to be a member of the State Bar of Michigan,
dies during his or her term of office, moves his or her principal office out of the
judicial circuit he or she represents, or submits a written resignation acceptable to
the chairperson, the chairperson shall declare that a vacancy exists. If an elected
representative does not attend two consecutive meetings of the assembly without
being excused by the chairperson because of a personal or professional emergency,
or does not attend three consecutive meetings of the assembly for any reason or
reasons, the chairperson shall declare that a vacancy exists.
When a vacancy exists, the remaining representatives from the affected judicial
circuit or, if there are none, the State Bar-recognized local bar associations in the
affected judicial circuit, shall nominate a successor prior to the next meeting of the
assembly. The assembly may appoint such nominee or, in the event of failure to
receive such nomination, any lawyer from the affected judicial circuit, to fill the
vacancy, effective immediately upon such appointment and continuing until the
position is filled by the election process.
In the event that at the time a vacancy arises under this rule more than eighteen
months remain in the term of an elected representative, there will be an election for
the unexpired term at the next annual election of representatives. If there are less
than eighteen months remaining in the term of an elected representative when a
vacancy arises, no interim election will be held. The interim appointment ends
when the secretary certifies the election count, and the person elected shall take his
or her seat immediately.
Section 7. Meetings.
The assembly shall meet:
(1) during the annual meeting of the State Bar;
(2) annually in March or April; and
(3) at any other time and place it determines.
A special meeting may be called by the Board of Commissioners, or by the
chairperson and clerk, who shall determine the time and place of such meeting. A
special meeting must be called by the chairperson on the written request of a
Rules Concerning the State Bar of Michigan 12 Last Updated 9/1/2023
quorum of the Representative Assembly. Fifty members constitute a quorum. The
chairperson of the assembly presides at all of its meetings. The assembly may
adopt rules and procedures for the transaction of its business not inconsistent with
these rules or the bylaws of the State Bar. A section chairperson is entitled to floor
privileges without a vote when the assembly considers a matter falling within the
section’s jurisdiction.
Section 8. Voting.
Each member of the assembly may cast only one vote. Voting by proxy is not
permitted.
By order dated May 10, 2005, this Court adopted the amendments of Rules 2, 5, and
6 of the Rules Concerning the State Bar of Michigan with immediate effect. 472
Mich cxii-cxv (2005). Notice and an opportunity for comment at the September 29,
2005, public hearing having been provided, and consideration having been given,
the amendments of Rules 2, 5, and 6 of the Rules Concerning the State Bar of
Michigan are retained.
Rule 7. Officers.
Section 1. President, President-elect, Vice-president, Secretary, and Treasurer.
The officers of the Board of Commissioners of the State Bar of Michigan are the
president, the president-elect, the vice-president, the secretary, and the treasurer.
The officers serve for the year beginning with the adjournment of the annual
meeting following their election and ending with the adjournment of the next
annual meeting. A person may serve as president only once.
After the election of board members but before the annual meeting each year, the
Board of Commissioners shall elect from among its members, by majority vote of
those present and voting, if a quorum is present:
(1) a vice-president who, after serving a one-year term, automatically succeeds
to the office of president-elect for a one-year term, and then to the office of
president, for a one-year term;
(2) a secretary; and
(3) a treasurer.
If a vice-president is not able to assume the duties of president-elect, the Board of
Commissioners also shall elect from among its members, by majority vote of those
present and voting, if a quorum is present, a president-elect who becomes president
on the adjournment of the next succeeding annual meeting.
A commissioner whose term expires at the next annual meeting is not eligible for
election as an officer unless the commissioner has been reelected or reappointed for
another term as a commissioner. If the remaining term of a commissioner elected
treasurer, secretary, vice-president, or president-elect will expire before the
commissioner completes a term as president, the term shall be extended for an
Rules Concerning the State Bar of Michigan 13 Last Updated 9/1/2023
additional year or years to allow the commissioner to serve consecutive terms in
each successive office through the completion of the commissioner’s term as
president, provided that the commissioner is elected by the Board of Commissioners
to serve in each successive office. If the term of an elected commissioner is so
extended, the authorized membership of the board is increased by one for that
period; a vacancy in the district the treasurer, secretary, vice-president, or
president-elect represents exists when the term as a commissioner would normally
expire, and an election to choose a successor is to be held in the usual manner.
No person holding judicial office may be elected or appointed an officer of the Board
of Commissioners. A judge presently serving as an officer may complete that term
but may not thereafter, while holding judicial office, be elected or appointed an
officer. A person serving as an officer who, after the effective date of this
amendment, is elected or appointed to a judicial office, must resign as an officer of
the board on or before the date that person assumes judicial office.
Section 2. Chairperson, Vice-Chairperson, and Clerk of the Assembly.
A clerk of the Representative Assembly chosen from the elected or appointed
membership of the assembly must be elected by the assembly at each annual
meeting by majority vote of those present and voting, if there is a quorum present.
The clerk serves a one-year term beginning with the adjournment of the annual
meeting at which he or she is elected and ending with the adjournment of the next
annual meeting at which he or she becomes vice-chairperson for a one-year term
concluding with the next annual meeting, at which time he or she becomes
chairperson for a one-year term concluding with the next annual meeting. If a
representative is elected clerk of the assembly with only one or two years of his or
her term remaining, the term of the representative is extended for an additional
year or years to permit him or her to serve consecutive terms as vice-chairperson,
and chairperson. If the term of an elected representative is so extended, the
authorized membership of the assembly is increased by one for the appropriate
period; a vacancy in the judicial circuit the chairperson-elect or chairperson
represents exists when his or her term would normally expire and an election
conducted to choose a successor having the vote to which the representative for that
judicial circuit is entitled is to be held in the usual manner. Assembly officers may
not concurrently hold another State Bar office and may not be reelected as assembly
officers.
No person holding judicial office may be elected or appointed an officer of the
Representative Assembly. A judge presently serving as an officer may complete
that term but may not thereafter, while holding judicial office, be elected or
appointed an officer. A person serving as an officer who, after the effective date of
this amendment, is elected or appointed to a judicial office, must resign as an officer
of the assembly on or before the date that person assumes judicial office.
Rules Concerning the State Bar of Michigan 14 Last Updated 9/1/2023
Section 3. Duties.
The president shall preside at all State Bar meetings and at all meetings of the
Board of Commissioners and perform other duties that are usually incident to that
office.
The president-elect shall perform the duties assigned by the president. If the
president is unable to perform his or her duties or is absent from a meeting of the
board or the State Bar, the president-elect shall perform the duties of the president
while the disability or absence continues.
The vice-president shall perform the duties assigned by the president and if the
president and president-elect are unable to perform their duties or are absent from
a meeting of the board or the State Bar, the vice-president shall perform the duties
of the president while the disability or absence continues.
The secretary shall act as secretary of the Board of Commissioners, prepare an
annual report, and perform the duties usually incident to that office.
The treasurer shall prepare an annual report and perform the duties usually
incident to that office. The treasurer will furnish bond that the Board of
Commissioners directs.
The Board of Commissioners may assign other duties to the president, president-
elect, vice-president, secretary, and treasurer.
The chairperson of the Representative Assembly shall preside at all of its meetings
and perform the other duties usually incident to that office, together with additional
duties the assembly may assign. The vice-chairperson shall perform duties
assigned by the chairperson or as the assembly may assign. The clerk of the
assembly shall act as secretary of the assembly and perform the other duties the
assembly assigns. If the chairperson is unable to perform his or her duties or is
absent from a meeting of the assembly, the vice-chairperson shall perform the
chairperson’s duties while the disability or absence continues.
Section 4. Vacancies.
If any office other than that of president or chairperson or vice-chairperson or clerk
of the Representative Assembly becomes vacant, the Board of Commissioners shall
fill the office for the unexpired term. If the office of president becomes vacant, the
president-elect becomes president for the unexpired term, and may continue as
president at the adjournment of the next annual meeting. If the office of president
becomes vacant when the office of president-elect is also vacant, the Board of
Commissioners shall fill both vacancies for the unexpired term. If the office of
chairperson of the Representative Assembly becomes vacant, the vice-chairperson
becomes chairperson for the unexpired term, and may continue as chairperson at
the adjournment of the next annual meeting. If the office of chairperson becomes
vacant when the office of vice-chairperson or clerk is also vacant, the assembly shall
fill all vacancies for the unexpired term at its next meeting; the secretary shall
convene and preside at the meeting until successors are elected.
Rules Concerning the State Bar of Michigan 15 Last Updated 9/1/2023
Rule 8. Executive Director.
The Board of Commissioners may appoint an Executive Director, and such
assistants, who shall serve on a full-time or part-time basis during such period and
for such compensation as the Board of Commissioners may determine, but shall at
all times be subject to removal by the board with or without cause. The Executive
Director shall perform such duties as the Board of Commissioners may from time to
time prescribe. The Executive Director shall have the privilege of the floor at all
meetings of the Board of Commissioners, Representative Assembly, sections, section
councils, committees, or subcommittees, without vote.
Rule 9. Disbursements.
The Board of Commissioners shall make the necessary appropriations for
disbursements from the funds of the treasury to pay the necessary expenses of the
State Bar of Michigan, its officers, and committees. It shall be the duty of the board
to cause proper books of account to be kept and to have them audited annually by a
certified public accountant. On or before December 31 each year the board shall
cause to be presented an audited financial statement of the receipts and
expenditures of the State Bar of Michigan for the fiscal year ending the preceding
September 30. Such a statement shall also be filed with the Clerk of the Supreme
Court and shall be published in the January issue of the official publication of the
State Bar of Michigan.
No officer, member of the Board of Commissioners, member of the Representative
Assembly, or member of a committee or section of the State Bar of Michigan shall
receive compensation for services rendered in connection with the performance of
his or her duties. They may, however, be reimbursed for the necessary expenses
incurred in connection with the performance of their duties.
Rule 10. Annual Meeting.
The State Bar shall hold an annual meeting, which shall include a meeting of the
Board of Commissioners and the Representative Assembly and, if requested, the
annual congress, as well as meetings of sections and committees that the Board of
Commissioners may set. The Board of Commissioners shall designate the time (no
later than November 1) and place of the annual meeting.
Rule 11. Committees.
Section 1. Appointment.
Committees of the State Bar of Michigan may be established for the promotion of
the objects of the State Bar of Michigan, and shall consist of limited numbers of
members appointed by the president with their number, jurisdiction, method of
selection and tenure determined in accordance with the bylaws and the resolution
establishing the committee. In the event of the resignation, death or
Rules Concerning the State Bar of Michigan 16 Last Updated 9/1/2023
disqualification of any member of a committee, the president shall appoint a
successor to serve for the unexpired term.
Section 2. Classes.
The classes of committees of the State Bar of Michigan shall be:
(a) Standing committees, for the investigation and study of matters relating to
the accomplishment of the general purposes, business and objects of the State
Bar of Michigan of a continuous and recurring character, within the limitation
of the powers conferred.
(b) Special committees, created by resolution of the Board of Commissioners
defining the powers and duties of such committees, to investigate and study
matters relating to the specific purposes, business and objects of the State Bar
of Michigan of an immediate or non-recurring character. The life of any special
committee shall expire at the end of the next annual meeting following its
creation unless continued by action of the board.
Section 3. Powers.
The Committee on Arbitration of Disputes Among Lawyers, which has the authority
to arbitrate disputes voluntarily submitted by lawyers, has the power to issue
subpoenas (including subpoenas duces tecum), to take testimony under oath, and to
rule on the admissibility of evidence according to the rules of evidence applicable to
civil cases.
Rule 12. Sections.
Section 1. Establishment and Discontinuance.
New sections may be established and existing sections may be combined or
discontinued or their names changed by the Board of Commissioners in a manner
provided by the bylaws.
Section 2. Bylaws.
Each section shall have bylaws not inconsistent with these Rules or the bylaws of
the State Bar of Michigan. Section bylaws or amendments thereof shall become
effective when approved by the Board of Commissioners.
Section 3. Existing Sections.
Sections in existence at the time of the adoption of these Rules shall continue unless
changed by action of the Board of Commissioners.
Rule 13. Initiative.
Three percent or more of the active members of the State Bar may by written
petition require consideration by the Representative Assembly of any question of
public policy germane to the function and purposes of the State Bar; the assembly
may take action on it that it finds proper. The petition must be filed with the clerk
Rules Concerning the State Bar of Michigan 17 Last Updated 9/1/2023
at least 90 days before any meeting of the Representative Assembly at which the
subject matter is to be considered.
Rule 14. Congress.
Section 1. Membership and Meeting.
Twenty-five or more active members of the State Bar may file a written petition
with the secretary at the principal office of the State Bar no later than 90 days
before the annual meeting of the State Bar, to require the convening of a congress of
the active members of the State Bar in conjunction with the annual meeting to
consider the subject matter raised in the petition. One hundred active members
constitute a quorum. The president is the presiding officer of the congress and the
secretary is the secretary of the congress.
Section 2. Agenda.
The congress shall consider all matters proposed for inclusion on its agenda in the
petition requesting its convening. The congress may take action on the matters
arising on its agenda that it deems warranted. The action is advisory only and
must be communicated to the Board of Commissioners and to the Representative
Assembly, but the congress may by a two-thirds vote place an issue on the agenda of
the board or assembly. If an issue so initiated is first considered by the board, the
board shall notify the assembly of its action, and the assembly shall concur with,
modify, or reverse the board’s action.
Rule 15. Admission to the Bar.
Section 1. Character and Fitness Committees.
(1) A standing committee on character and fitness consisting of 18 active members
of the bar shall be appointed annually by the president of the State Bar of
Michigan, who shall designate its chairperson. District character and fitness
committees consisting of active members of the bar in each commissioner election
district shall be appointed, and their chairpersons designated, by the State Bar
commissioners within the respective districts, subject to approval by the State Bar
Board of Commissioners.
(2) The standing committee and the district committees under its supervision shall
investigate and make recommendations with respect to the character and fitness of
every applicant for admission to the bar by bar examination and, upon request of
the Board of Law Examiners, the character and fitness of any other applicant for
admission.
(3) The State Bar of Michigan shall assign staff to assist the standing and district
committees in the discharge of their duties.
(4) The standing committee and each district committee shall meet at the times and
places designated by their respective chairpersons. Five members of the standing
Rules Concerning the State Bar of Michigan 18 Last Updated 9/1/2023
committee or 3 members of a district committee shall constitute a quorum. The
action of a majority of those present constitutes the action of a committee.
(5) State Bar recommendations concerning the character and fitness of an applicant
for admission to the bar shall be transmitted to the Board of Law Examiners in
accordance with the following procedure:
(a) An applicant shall be recommended favorably by State Bar staff without
referral to committee when investigation of all past conduct discloses no
significant adverse factual information.
(b) In all other instances, applicants shall be referred to the appropriate district
committee for personal interview unless the chairperson or other member of the
standing committee designated by the chairperson determines that any adverse
information reflected in the file would under no circumstance justify a
committee determination that the applicant does not possess the character and
fitness requisite for admission, in which event the application shall be
transmitted to the Board of Law Examiners with a favorable recommendation.
(c) District committees shall, under the supervision and direction of the
standing committee, investigate the character and fitness (other than
scholastic) of every applicant referred to them. They shall do so by informal
interview and any additional investigation which to them seems appropriate.
District committees shall make a written report and recommendation to the
standing committee concerning each applicant referred to them.
(d) Upon receiving a district committee report and recommendation, the
standing committee shall endorse the recommendation, take the
recommendation under advisement pending the receipt of additional
information that it deems necessary, remand the recommendation to the district
committee with instructions for further proceedings, or reject the
recommendation and conduct a hearing de novo.
(e) If the standing committee endorses a report and recommendation of a
district committee that an applicant has the requisite character and fitness for
admission to the bar, it shall transmit that recommendation to the Board of
Law Examiners.
(f) If the standing committee endorses a report and recommendation of a district
committee that an applicant does not have the requisite character and fitness
for admission to the bar, it shall furnish the applicant with a copy of the report
and recommendation and advise the applicant of the right to a formal hearing
before the standing committee provided request therefor is made in writing
within 20 days. If the applicant requests a formal hearing within the time
permitted, a hearing shall be scheduled before the standing committee. If the
applicant does not request a formal hearing before the standing committee
within the time permitted, the standing committee shall thereupon transmit the
report and recommendation of the district committee to the Board of Law
Examiners.
Rules Concerning the State Bar of Michigan 19 Last Updated 9/1/2023
(g) At the conclusion of any hearing conducted by the standing committee it
shall transmit its report and recommendation to the Board of Law Examiners.
(6) Each applicant is entitled to be represented by counsel at the applicant’s own
expense at any stage of character and fitness processing.
(7) Information obtained in the course of processing an application for admission to
the bar may not be used for any other purpose or otherwise disclosed without the
consent of the applicant or by order of the Supreme Court.
(8) Notwithstanding any prohibition against disclosure in this rule or elsewhere, the
committee on character and fitness shall disclose information concerning a bar
application to the Attorney Grievance Commission during the course of the
commission’s investigation of a disciplined lawyer’s request for reinstatement to the
practice of law. Upon receiving a request for character and fitness information and
proof that a disciplined lawyer is seeking reinstatement to the practice of law, the
committee shall notify the lawyer that the commission has requested the lawyer’s
confidential file. The committee then shall disclose to the commission all
information relating to the lawyer’s bar application. The commission and the
grievance administrator shall protect such information, as provided in MCR
9.126(D). The administrator shall submit to a hearing panel, under seal, any
information obtained under this rule that the administrator intends to use in a
reinstatement proceeding. The hearing panel shall determine whether the
information is relevant to the proceeding, and only upon such a determination may
the administrator use the information in a public pleading or proceeding.
(9) Any information pertaining to an application for admission to the bar submitted
to a district committee, the standing committee, the Board of Law Examiners or the
Supreme Court must also be disclosed to the applicant.
(10) A person is absolutely immune from suit for statements and communications
transmitted solely to the State Bar staff, the district committee, the standing
committee or the Board of Law Examiners, or given in the course of an investigation
or proceeding concerning the character and fitness of an applicant for admission to
the bar. The State Bar staff, the members of the district and standing committees
and the members and staff of the Board of Law Examiners are absolutely immune
from suit for conduct arising out of the performance of their duties.
(11) The standing committee has the power to issue subpoenas (including subpoenas
duces tecum), to take testimony under oath, and to rule on the admissibility of
evidence guided, but not strictly bound, by the rules of evidence applicable to civil
cases. An applicant is entitled to use the committee’s subpoena power to obtain
relevant evidence by request submitted to the chairperson of the standing
committee.
(12) Formal hearings conducted by the standing committee shall be suitably
recorded for the later production of transcripts, if necessary.
Rules Concerning the State Bar of Michigan 20 Last Updated 9/1/2023
(13) An applicant is entitled to a copy of the entire record of proceedings before the
standing committee at the applicant’s expense.
(14) An applicant is entitled to at least 10 days notice of scheduled district
committee interviews and standing committee hearings. The notice shall contain
the following information:
(a) The time and place of the interview or hearing;
(b) A statement of the conduct which is to be the subject of the interview or
hearing;
(c) The applicant’s right to be represented by counsel; and
(d) A description of the procedures to be followed at the interview or hearing,
together with copies of any applicable rules.
(15) An applicant has the burden of proving by clear and convincing evidence that
he or she has the current good moral character and general fitness to warrant
admission to the bar.
(16) Upon request made no later than 5 days prior to a scheduled interview or
hearing, the applicant and State Bar staff may demand of the other that they be
furnished with the identity of any witnesses to be produced at the interview or
hearing as well as an opportunity for inspecting or copying any documentary
evidence to be offered or introduced.
(17) If an application is withdrawn following an adverse recommendation by a
district committee or the standing committee, or, if following such an adverse
recommendation the applicant fails to appear for further proceedings or takes no
further action, the standing committee shall notify the applicant that the
application for admission to the bar may not be renewed until the expiration of two
years from the date of the adverse recommendation by the district committee or by
the standing committee, or such greater period as the committee specifies, up to a
maximum period of five years. The notification shall specify the reasons for the
imposition of a waiting period that is longer than two years.
(18) An applicant who has been denied character and fitness certification for
admission to the bar by the Board of Law Examiners may not reapply for character
and fitness certification for a period of two years following the denial or such
greater period specified in the decision denying certification, up to a maximum
period of five years. The decision shall specify the reasons for the imposition of a
waiting period that is longer than two years.
(19) The standing committee may adopt rules of procedure governing the processing
and investigation of applications for admission to the bar and proceedings before
district committees and the standing committee not inconsistent with these rules.
(20) An applicant is entitled to review by the Board of Law Examiners of any report
and recommendation filed with the board concluding that the applicant does not
have the character and fitness requisite for admission.
Rules Concerning the State Bar of Michigan 21 Last Updated 9/1/2023
(21) Every applicant for admission by examination and any other applicant whose
application is submitted to the standing committee on character and fitness for
evaluation and recommendation shall pay to the State Bar of Michigan a fee of $375
for the character and fitness investigation authorized by this rule. An additional
fee of $175 shall be required for character and fitness evaluations related to
applications for the February examination that are submitted after November 1,
and applications for the July examination that are submitted after March 1.
Section 2. Foreign Attorney; Temporary Permission.
Any person who is duly licensed to practice law in another state or territory, or in
the District of Columbia, of the United States of America, or in any foreign country,
may be temporarily admitted under MCR 8.126.
Section 3. Procedure for Admission; Oath of Office.
(1) Each applicant to whom a certificate of qualification has been issued by the
board of law examiners is required to appear personally and present such certificate
to the Supreme Court or one of the circuit courts of this state. Upon motion made in
open court by an active member of the State Bar of Michigan, the court may enter
an order admitting such applicant to the bar of this state. The clerk of such court is
required to forthwith administer to such applicant in open court the following oath
of office:
I do solemnly swear (or affirm):
I will support the Constitution of the United States and the Constitution of the
State of Michigan;
I will maintain the respect due to courts of justice and judicial officers;
I will not counsel or maintain any suit or proceeding which shall appear to me
to be unjust, nor any defense except such as I believe to be honestly debatable
under the law of the land;
I will employ for the purpose of maintaining the causes confided to me such
means only as are consistent with truth and honor, and will never seek to
mislead the judge or jury by any artifice or false statement of fact or law;
I will maintain the confidence and preserve inviolate the secrets of my client,
and will accept no compensation in connection with my client’s business except
with my client’s knowledge and approval;
I will abstain from all offensive personality, and advance no fact prejudicial to
the honor or reputation of a party or witness, unless required by the justice of
the cause with which I am charged;
I will never reject, from any consideration personal to myself, the cause of the
defenseless or oppressed, or delay any cause for lucre or malice;
Rules Concerning the State Bar of Michigan 22 Last Updated 9/1/2023
I will in all other respects conduct myself personally and professionally in
conformity with the high standards of conduct imposed on members of the bar
as conditions for the privilege to practice law in this state.
(2) The applicant is required to subscribe to such oath of office by signing a copy and
to register membership in the State Bar of Michigan in the manner prescribed in
Rule 2 of these rules and to pay the required dues before practicing law in this
state. The clerk shall record such admission, in the journal of such court, and shall
preserve such oath of office in the records of the court. A roll of all persons admitted
to the bar shall be kept in the office of the clerk of the Supreme Court.
(3) Admission to the bar of this state is an authorization to practice as an attorney
and counselor in every court in this state.
Rule 16. Unauthorized Practice of the Law.
Section 1. The State Bar of Michigan is hereby authorized and empowered to
investigate matters pertaining to the unauthorized practice of law and, with the
authority of its Board of Commissioners, to file and prosecute actions and
proceedings with regard to such matters.
Section 2. The State Bar of Michigan has the power to issue subpoenas to require
the appearance of a witness or the production of documents or other tangible things
concerning its investigation of an unauthorized practice of law complaint.
Subpoenas may be prepared by the investigative staff of the State Bar of Michigan
and served after approval by the Chairperson of the Standing Committee on
Unauthorized Practice of Law. The subpoena may be served by certified mail,
return receipt requested, and delivery restricted to the addressee or via hand
delivery. The subpoena may also be served by e-mail, if the person to be served
agrees.
A person who without just cause, after being commanded by a subpoena, fails or
refuses to appear or produce documents or tangible things after being ordered to do
so is in contempt. The State Bar of Michigan may initiate a contempt proceeding
under MCR 3.606 in the circuit court for the county where the act or refusal to act
occurred.
A subpoena issued pursuant to this rule shall be sufficient authorization for seeking
the production of documents or other tangible things outside the State of Michigan.
If the deponent or the person possessing the subpoenaed information will not
comply voluntarily, the proponent of the subpoena may utilize MCR 2.305(C) or any
similar provision in a statute or court rule of Michigan or of the state, territory, or
country where the deponent or possessor resides or is present.
Section 3. A complainant or witness is absolutely immune from suit for statements
and communications transmitted solely to State Bar staff and their agents, the
Standing Committee on the Unauthorized Practice of Law or the State Bar of
Michigan Board of Commissioners or given in the course of an investigation of an
unauthorized practice of law complaint. State Bar staff and their agents, the
Rules Concerning the State Bar of Michigan 23 Last Updated 9/1/2023
Standing Committee on the Unauthorized Practice of Law, and the State Bar of
Michigan Board of Commissioners are absolutely immune from suit for conduct
arising out of the performance of their duties concerning unauthorized practice of
law complaints.
Section 4. Notwithstanding the confidentiality provisions of SBR 19, the State Bar
of Michigan may disclose information concerning an unauthorized practice of law
complaint and information obtained during the investigation of an unauthorized
practice of law complaint to persons and entities authorized and empowered to
investigate and prosecute unauthorized practice of law complaints in other states.
Rule 17. Mandatory Legal Education Program for New Admittees to the Michigan
Bar.
[Rescinded March 22, 1994, effective April 1, 1994, 444 Mich.]
Rule 19. Confidentiality of State Bar Records.
Section 1. Except as provided below, in Rule 15, or as otherwise provided by law,
records maintained by the state bar are open to the public pursuant to the State
Bar of Michigan Access to Information Policy.
Section 2. Records and information obtained in the course of reviewing and
evaluating candidates for judicial vacancies may not be used for any other purpose
or otherwise disclosed without the consent of the applicant and the Governor’s
Office, or by Order of the Supreme Court. Records and information include, but are
not limited to, applicants’ name, application, background, qualifications, and
interview; communications concerning applicants; and information about the
judicial qualification review process.
Section 3. Records and information of the Client Protection Fund, Ethics Program,
Lawyers and Judges Assistance Program, Practice Management Resource Center
Program, and Unauthorized Practice of Law Program that contain identifying
information about a person who uses, is a participant in, is subject to, or who
inquires about participation in, any of these programs, are confidential and are not
subject to disclosure, discovery, or production, except as provided in section (4) and
(5).
Section 4. Records and information made confidential under section (1) or (3) shall
be disclosed:
(a) pursuant to a court order;
(b) to a law enforcement agency in response to a lawfully issued subpoena or
search warrant, or;
(c) to the attorney grievance commission or attorney discipline board in
connection with an investigation or hearing conducted by the commission or
board, or sanction imposed by the board.
Rules Concerning the State Bar of Michigan 24 Last Updated 9/1/2023
Section 5. Records and information made confidential under section (1) or (3) may
be disclosed:
(a) upon request of the state bar and approval by the Michigan Supreme Court
where the public interest in disclosure outweighs the public interest in
nondisclosure in the particular instance, or
(b) at the discretion of the state bar, upon written permission of all persons who
would be identified by the requested information.
Rule 20. Client Protection Fund.
Section 1. The State Bar of Michigan, through its Board of Commissioners, is
authorized and empowered to administer and investigate Client Protection Fund
claims and to supervise the Client Protection Fund, which shall include, but not be
limited to, receiving, holding, managing, disbursing monies from, and recouping
monies paid by the Client Protection Fund.
The Client Protection Fund is a program established to reimburse clients who have
been victimized by lawyers who violate the profession’s ethical standards and
misappropriate funds entrusted to them.
Section 2. All members are bound by the Client Protection Fund Rules.
Section 3. The State Bar of Michigan has the power to issue subpoenas to require
the appearance of a witness or the production of documents or other tangible things
concerning its administration and investigation of Client Protection Fund claims.
The subpoena may be served by certified mail, return receipt requested, and
delivery restricted to the addressee or via hand delivery. The subpoena may also be
served by e-mail or other electronic form, if the person to be served agrees.
A person who without just cause, after being commanded by a subpoena, fails or
refuses to appear or produce documents or tangible things, after being ordered to do
so is in contempt. The State Bar of Michigan may initiate a contempt proceeding
under MCR 3.606 in the circuit court for the county where the act or refusal to act
occurred.
A subpoena issued pursuant to this rule shall be sufficient authorization for seeking
the production of documents or other tangible things outside the State of Michigan.
If the deponent or the person possessing the subpoenaed information will not
comply voluntarily, the proponent of the subpoena may utilize MCR 2.305(C) or any
similar provision in a statute or court rule of Michigan or of the state, territory, or
country where the deponent or possessor resides or is present.
Section 4. A complainant or witness is absolutely immune from suit for statements
and communications transmitted solely to State Bar staff and their agents, the
Standing Committee on the Client Protection Fund or the State Bar of Michigan
Board of Commissioners or given in the course of an investigation of a Client
Protection Fund claim. State Bar staff and their agents, the Standing Committee on
the Client Protection Fund, and the State Bar of Michigan Board of Commissioners
Rules Concerning the State Bar of Michigan 25 Last Updated 9/1/2023
are absolutely immune from suit for conduct arising out of the performance of their
duties and responsibilities regarding the Client Protection Fund.
Section 5. Notwithstanding the confidentiality provisions of SBR 19, the State Bar
of Michigan may disclose information concerning Client Protection Fund claims and
information obtained during the investigation of Client Protection Fund claims to
persons and entities authorized and empowered to investigate and administer
Client Protection Fund claims in other states.
Rule 21. Mandatory Interim Administrator Planning.
(A) An attorney in private practice must designate an Interim Administrator to
protect clients by temporarily managing the attorney’s practice if the attorney
becomes unexpectedly unable to practice law as set forth in MCR 9.301 and
pursuant to Rule 2(B) of the Rules Concerning the State Bar of Michigan. On the
State Bar of Michigan annual licensing statement, the attorney shall, beginning in
2023 and annually thereafter,
(1) designate another active Michigan attorney in good standing or law firm with at
least one other active Michigan attorney in good standing to serve as the attorney’s
Interim Administrator, or indicate that he or she wishes to designate an attorney
from the list maintained by the State Bar of Michigan; and
(2) identify a person with knowledge of the location of the attorney’s professional
paper and electronic files and records and knowledge of the location of passwords
and other security protocols required to access the attorney’s professional electronic
records and files. The person so identified may be the same person designated as
the Interim Administrator.
The State Bar of Michigan shall create a confirmation process for designated
Interim Administrators to confirm that they are willing to serve as Interim
Administrator.
(B) A member who indicates in the annual licensing statement that he or she
wishes to utilize the list maintained by the State Bar of Michigan must pay a $60
fee to the State Bar of Michigan each time he or she chooses this option on the
annual licensing statement. The fees collected under this subrule may only be used
to fund activities related to Interim Administrators and Interim Administrator
planning.
(C) The State Bar of Michigan shall maintain a list of members who have indicated
willingness to serve as Interim Administrators under Rule 2(C) of the Rules
Concerning the State Bar of Michigan. This list must include the member’s name,
address, and the judicial circuit(s) and practice area(s) in which he or she is willing
to be appointed as an Interim Administrator. The State Bar of Michigan will only
match an attorney to an Interim Administrator upon notification that the attorney
has become an Affected Attorney as defined in MCR 9.301(A).
Rules Concerning the State Bar of Michigan 26 Last Updated 9/1/2023
(D) Every Interim Administrator, as that term is defined in MCR 9.301(E), shall
obtain and retain professional liability insurance that covers conduct performed as
an Interim Administrator under these rules and the Michigan Court Rules.
(E) The State Bar of Michigan shall submit a written report to the Michigan
Supreme Court regarding the implementation of the Interim Administrator
Program by January 1, 2024. The report shall contain an accounting of the funds
received and expended under subrule (B).