MRPC Rule 6.5

(a) A lawyer shall treat with courtesy and respect all persons involved in the legal process. A

lawyer shall take particular care to avoid treating such a person discourteously or

disrespectfully because of the person’s race, gender, or other protected personal

Michigan Rules of Professional Conduct 83 Updated with MSC order(s)

characteristic. To the extent possible, a lawyer shall require subordinate lawyers and

nonlawyer assistants to provide such courteous and respectful treatment.

(b) A lawyer serving as an adjudicative officer shall, without regard to a person’s race, gender,

or other protected personal characteristic, treat every person fairly, with courtesy and

respect. To the extent possible, the lawyer shall require staff and others who are subject to

the adjudicative officer’s direction and control to provide such fair, courteous, and respectful

treatment to persons who have contact with the adjudicative tribunal.

Duties of the Lawyer.

A lawyer is an officer of the court who has sworn to uphold the federal and state constitutions, to

proceed only by means that are truthful and honorable, and to avoid offensive personality. It

follows that such a professional must treat clients and third persons with courtesy and respect.

For many citizens, contact with a lawyer is the first or only contact with the legal system.

Respect for law and for legal institutions is diminished whenever a lawyer neglects the obligation

to treat persons properly. It is increased when the obligation is met.

A lawyer must pursue a client’s interests with diligence. This often requires the lawyer to frame

questions and statements in bold and direct terms. The obligation to treat persons with courtesy

and respect is not inconsistent with the lawyer’s right, where appropriate, to speak and write

bluntly. Obviously, it is not possible to formulate a rule that will clearly divide what is properly

challenging from what is impermissibly rude. A lawyer’s professional judgment must be

employed here with care and discretion.

A lawyer must take particular care to avoid words or actions that appear to be improperly based

upon a person’ s race, gender, or other protected personal characteristic. Legal institutions, and

those who serve them, should take leadership roles in assuring equal treatment for all.

A judge must act “ [a]t all times” in a manner that promotes public confidence in the impartiality

of the judiciary. Canon 2(B) of the Code of Judicial Conduct. See also Canon 5. By contrast, a

lawyer’s private conduct is largely beyond the scope of these rules. See Rule 8.4. However, a

lawyer’s private conduct should not cast doubt on the lawyer’s commitment to equal justice

under law.

A supervisory lawyer should make every reasonable effort to ensure that subordinate lawyers

and nonlawyer assistants, as well as other agents, avoid discourteous or disrespectful behavior

toward persons involved in the legal process. Further, a supervisory lawyer should make

reasonable efforts to ensure that the firm has in effect policies and procedures that do not

discriminate against members or employees of the firm on the basis of race, gender, or other

protected personal characteristic. See Rules 5.1 and 5.3.

Duties of Adjudicative Officers.

The duties of an adjudicative officer are included in these rules, since many legislatively created

adjudicative positions, such as administrative hearing officer, are not covered by the Code of

Judicial Conduct. For parallel provisions for judges, see the Code of Judicial Conduct.