MRPC Rule 3.4

A lawyer shall not:

(a) unlawfully obstruct another party’ s access to evidence; unlawfully alter, destroy, or conceal

a document or other material having potential evidentiary value; or counsel or assist another

person to do any such act;

(b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a

witness that is prohibited by law;

(c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal

based on an assertion that no valid obligation exists;

(d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent

efforts to comply with a legally proper discovery request by an opposing party;

(e) during trial, allude to any matter that the lawyer does not reasonably believe is relevant or

that will not be supported by admissible evidence, assert personal knowledge of facts in

issue except when testifying as a witness, or state a personal opinion as to the justness of a

cause, the credibility of a witness, the culpability of a civil litigant, or the guilt or innocence

of an accused; or

(f) request a person other than a client to refrain from voluntarily giving relevant information to

another party, unless:

Michigan Rules of Professional Conduct 61 Updated with MSC order(s)

(1) the person is an employee or other agent of a client for purposes of MRE 801(d)(2)(D);

and

(2) the lawyer reasonably believes that the person’s interests will not be adversely affected

by refraining from giving such information.

The procedure of the adversary system contemplates that the evidence in a case is to be

marshaled competitively by the contending parties. Fair competition in the adversary system is

secured by prohibitions against destruction or concealment of evidence, improper influence of

witnesses, obstructive tactics in discovery procedure, and the like.

Documents and other items of evidence are often essential to establish a claim or defense.

Subject to evidentiary privileges, the right of an opposing party, including the government, to

obtain evidence through discovery or subpoena is an important procedural right. The exercise of

that right can be frustrated if relevant material is altered, concealed or destroyed. Other law

makes it an offense to destroy material for purpose of impairing its availability in a pending

proceeding or one whose commencement can be foreseen. Falsifying evidence is also generally

a criminal offense. Paragraph (a) applies to evidentiary material generally, including

computerized information.

With regard to paragraph (b), it is not improper to pay a witness ’ expenses or to compensate an

expert witness on terms permitted by law. It is, however, improper to pay an occurrence witness

any fee for testifying beyond that authorized by law, and it is improper to pay an expert witness a

contingent fee.