MI · rules
MRPC Rule 3.5
Impartiality and Decorum of the Tribunal
A lawyer shall not:
(a) seek to influence a judge, juror, prospective juror, or other official by means prohibited by
law;
(b) communicate ex parte with such a person con cerning a pending matter, unless authorized to
do so by law or court order;
(c) communicate with a juror or prospective juror after discharge of the jury if:
(1) the communication is prohibited by law or court order;
(2) the juror has made known to the lawyer a desire not to communicate; or
(3) the communication constitutes misrepresentation, coercion, duress or harassment; or
(d) engage in undignified or discourteous conduct toward the tribunal.
Many forms of improper influence upon a tribunal are proscribed by criminal law. Others are
specified in the Michigan Code of Judicial Conduct, with which an advocate should be familiar.
A lawyer is required to avoid contributing to a violation of such provisions.
During a proceeding a lawyer may not communicate ex parte with persons serving in an official
capacity in the proceeding, such as judges, neutrals, masters, or jurors, unless authorized to do so
by law or court order.
Michigan Rules of Professional Conduct 62 Updated with MSC order(s)
A lawyer may on occasion want to communicate with a juror or prospective juror after the jury
has been discharged. The lawyer may do so, unless the communication is prohibited by law or a
court order, but must respect the desire of the juror not to talk with the lawyer. The lawyer may
not engage in improper conduct during the communication.
The advocate’s function is to present evidence and argument so that the cause may be decided
according to law. Refraining from undignified or discourteous conduct is a corollary of the
advocate’s right to speak on behalf of litigants. A lawyer may stand firm against abuse by a
judge, but should avoid reciprocation; the judge’s default is no justification for similar
dereliction by an advocate. An advocate can present the cause, protect the record for subsequent
review, and preserve professional integrity by patient firmness no less effectively than by
belligerence or theatrics.
Provenance
- Source
- www.adbmich.org
- Retrieved
- 2026-09-30
- Edition
- 2026-09-29
- Content hash
8578181f2c6919b88880658a89226cf3fe57d3c2ee061ec710e5ef618002ea46
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