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MI · rules

MRPC Rule 3.9

Advocate in Nonadjudicative Proceedings

activein force · 2026-01-01 – presentact-effective-date

A lawyer representing a client before a legislative or administrative tribunal in a nonadjudicative

proceeding shall disclose that the appearance is in a representative capacity and shall conform to

the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.

In representation before bodies such as legislatures, municipal councils, and executive and

administrative agencies acting in a rule-making or policy-making capacity, lawyers present facts,

formulate issues, and advance argument in the matters under consideration. The decision -

making body, like a court, should be able to rely on the integrity of the submissions made to it.

A lawyer appearing before such a body should deal with the tribunal honestly and in conformity

with applicable rules of procedure.

Lawyers have no exclusive right to appear before nonadjudicative bodies, as they do before a

court. The requirements of this rule therefore may subject lawyers to regulations inapplicable to

advocates who are not lawyers. However, legislatures and administrative agencies have a right

to expect lawyers to deal with them as they deal with courts.

This rule does not apply to representation of a client in a negotiation or other bilateral transaction

with a governmental agency; representation in such a transaction is governed by Rules 4.1

through 4.4.

RULES 4.1–4.4. TRANSACTIONS WITH PERSONS OTHER THAN CLIENTS.

Provenance

Source
www.adbmich.org
Retrieved
2026-09-30
Edition
2026-09-29
Content hash
0fe0ecb0f20bb5890e25f444ea82c9348c1761739b62942e5bdddfe1016be0fa
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