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The Conflict of 'Conflict of Interest': The Michigan Example

Detroit College of Law Review, Vol. 1995, pp. 133-221, 1995

89 Pages Posted: 3 May 2012  

Nora J. Pasman-Green

Thomas M. Cooley Law School

Date Written: 1995

Abstract

This article surveys the conflict-of-interest case law in the state of Michigan for several purposes. First, Michigan adopted a version of the Model Rules of Professional Conduct in 1988, so it will be fair to consider whether the switch from the Code to the Rules has provided improved clarity to counsel. Second, Michigan has a long tradition of judicial oversight of the conduct of counsel. Indeed, in terms of the volume of cases which have dealt with this issue, Michigan is a major "player" among her sister states of the Sixth Circuit. Whether Michigan's treatment of conflict of interest puts her in a leadership role remains to be seen. To the extent that Michigan case law has not treated conflict of interest issues consistently, it will be reasonable to consider alternatives which more effectively achieve the goal of preventing representation tainted by conflict of interest.

Keywords: Conflict of Interest, Professional Conduct, Michigan Rules of Professional Conduct

Suggested Citation

Pasman-Green, Nora J., The Conflict of 'Conflict of Interest': The Michigan Example (1995). Detroit College of Law Review, Vol. 1995, pp. 133-221, 1995. Available at SSRN: https://ssrn.com/abstract=2050543

Nora J. Pasman-Green (Contact Author)

Thomas M. Cooley Law School ( email )

300 S. Capitol Avenue
P.O. Box 13038
Lansing, MI 48901
United States
(517)371-5140 (Phone)

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