Ethical Perils in the Probate Process

Real Supra Shoes For Sale, The death of a loved one prompts a client to contact your office for assistance in administering the loved one\'s estate. These types of representations combine the need for compassion in dealing with a family\'s grief, technical expertise and advocacy skills. It may be the first time that this client has had to utilize legal services of any type. It is our general nature to be helpful to those that seek our help. As lawyers, paralegals, legal assistants and legal secretaries, in representing this client, we must operate in a manner that upholds the ethical obligations that govern the practice of law.
In Michigan, the Michigan Rules of Professional Conduct (MRPC) provide the ethical framework for lawyers and those who work with lawyers in their practice. The MRPC set forth some requirements that are mandatory and others that are permissive. The MRPC work in conjunction with obligations imposed by statute, case law and court rule.

The MRPC are interpreted through ethics opinions produced by the State Bar of Michigan Committee on Professional and Judicial Ethics. The Committee, responding to a request Real Supra Shoes For Sale by an attorney to interpret prospective conduct only, issues informal opinions. These opinions are denoted \"RI\". The Committee also issues formal opinions, denoted \"R\" for matters that have wide reaching interest to the entire bar. Ethics opinions do not have the force of law. They will not offer a complete defense to a charge of ethical impropriety. They do, however, offer a touchstone for proper conduct Real Supra Shoes For Sale – giving guidance to help resolve issues of professional responsibility.

The State Bar of Michigan Board of Commissioners has also adopted Role of Nonlawyers in Law Practice: Guidelines for the Utilization of Legal Assistant (Guidelines). These Guidelines cover the conduct of legal assistants and other nonlawyer assistants.

A legal assistant is defined in the State Bar of Michigan Bylaws as \"[a]ny person currently employed or retained by a lawyer, law office, governmental agency Real Supra Shoes For Sale or other entity engaged in the practice of law, in a capacity or function which involves the performance under the direction and supervision of an attorney of specifically delegated substantive legal work, which work, for the most part, requires a sufficient knowledge of legal concepts such that, absent that legal assistant, the attorney would perform the task, and which is not primarily clerical or secretarial in nature . . .\" Article 1, Section 6 of the State Bar of Michigan Bylaws.

The Guidelines direct that a lawyer shall \"make reasonable efforts to ensure that the conduct of a legal assistant under the lawyer\'s direct supervision is compatible with the lawyer\'s professional obligations under the Michigan Rules of Professional Conduct.\" Guideline 1, Guidelines, supra. These efforts, among other areas, should include training about communications with persons other than the lawyer\'s clients.