MRPC Rule 1.12

(a) Except as stated in paragraph (d), a lawyer shall not represent anyone in connection with a

matter in which the lawyer participated personally and substantially as a judge or other

adjudicative officer, arbitrator, or law clerk to such a person, unless all parties to the

proceeding consent after consultation.

(b) A lawyer shall not negotiate for employment with any person who is involved as a party, or

as an attorney for a party, in a matter in which the lawyer is participating personally and

substantially as a judge or other adjudicative officer or arbitrator. A lawyer serving as a law

clerk to a judge, other adjudicative officer, or arbitrator may negotiate for employment with

a party or attorney involved in a matter in which the clerk is participating personally and

substantially, but only after the lawyer has notified the judge, other adjudicative officer, or

arbitrator.

(c) If a lawyer is disqualified by paragraph (a), no lawyer in a firm with which that lawyer is

associated may knowingly undertake or continue representation in the matter, unless:

(1) the disqualified lawyer is screened from any participation in the matter and is

apportioned no part of the fee therefrom; and

(2) written notice is promptly given to the appropriate tribunal to enable it to ascertain

compliance with the provisions of this rule.

(d) An arbitrator selected as a partisan of a party in a multimember arbitration panel is not

prohibited from subsequently representing that party.

Michigan Rules of Professional Conduct 34 Updated with MSC order(s)

This rule generally parallels Rule 1.11. The term “ personally and substantially” signifies that a

judge who was a member of a multimember court, and thereafter left judicial office to practice

law, is not prohibited from representing a client in a matter pending in the court, but in which the

former judge did not participate. So also the fact that a former judge exercised administrative

responsibility in a court does not prevent the former judge from acting as a lawyer in a matter

where the judge had previously exercised remote or incidental administrative responsibility that

did not affect the merits. Compare the comment to Rule 1.11. The term “ adjudicative officer”

includes such officials as judges pro tempore, referees, neutrals, special masters, hearing officers

and other parajudicial officers, and also lawyers who serve as part-time judges.