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
Date Written: 1995
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
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