For Attorneys
Resources, support programs, and important information for Michigan attorneys.
Lawyers and Judges Assistance Program (LJAP)
Confidential support for legal professionals facing personal challenges.
The Lawyers and Judges Assistance Program (LJAP) offers a wide range of services to help Michigan legal professionals through all types of situations, including stress, anxiety, depression, substance use, and other personal challenges.
Mental Health in the Legal Profession
According to a 2016 American Bar Association study conducted with the Hazelden Betty Ford Foundation, 21% of licensed attorneys were considered problem drinkers, 28% identified a struggle with depression, and 19% reported symptoms of anxiety. Under normal circumstances, lawyers are 3.6 times more likely to suffer from depression than non-lawyers.
Clinical research has identified several factors that contribute to mental health challenges in the legal profession:
- Depression and anxiety
- Job stress and burnout
- Unfulfilled expectations
- Perceived sense of failure
- Social isolation leading to poor sleep and impaired executive function
Request Your Grievance History
Attorneys may request a copy of their grievance history from the Attorney Grievance Commission. This record includes information about any complaints filed and their disposition.
Forms can be mailed or hand-delivered to: Attorney Grievance Commission, 755 W. Big Beaver Rd., Suite 2100, Troy, MI 48084
Trust Account Overdraft Notification
MRPC 1.15A Compliance
Lawyer Trust Accounts: Management Principles & Recordkeeping Resources
View on michbar.orgThis reoccurring half-day seminar will feature presentations on how to ethically manage lawyer trust accounts and effectively use forms, checklists, and guidelines for recordkeeping. The seminar is open to lawyers and their staff, is an excellent way to learn more about compliance with Michigan Rules of Professional Conduct 1.15 and 1.15A, and should assist lawyers in avoiding receipt of a trust account overdraft notification.
1Overview
Effective September 15, 2010, Michigan joined over 40 other states by enacting a trust account overdraft notification rule.
Michigan lawyers who hold funds in trust must comply with Michigan's trust account rules. Michigan Rule of Professional Responsibility (MRPC) 1.15A, titled Trust Account Overdraft Notification (TAON), requires that funds held in lawyer trust accounts [as defined by MRPC 1.15(a)] may be held only at pre-approved financial institutions.
2Attorney Requirements
Verify Your Financial Institution
Lawyers must confirm that their financial institutions are approved by checking the list of approved financial institutions posted on the State Bar of Michigan's website.
Provide Notice for Non-IOLTA Accounts
After confirming that their financial institution is on the State Bar's approved list, lawyers must provide notice to their financial institution for each of their non-IOLTA accounts. The form that may be used to provide the requisite notice may be downloaded from the State Bar of Michigan's website.
Account Naming Requirements
Lawyers must also assure that the name of each non-IOLTA account contains the term "trust" or "escrow." If not, they must contact their financial institution and take the steps required by the financial institution to change the name on the account(s) to include the term "trust" or "escrow." (The IOLTA Notice to Eligible Financial Institution Form filed when opening an IOLTA account suffices to advise the financial institution that the IOLTA account is a trust account subject to TAON; if needed, this form and other IOLTA account information can be obtained at State Bar of Michigan's website.)
Safeguard Client Funds
Lawyers must continue to safeguard client and third-party funds held in trust to avoid all overdrafts to their IOLTA and non-IOLTA accounts. Misappropriation is a per se offense which occurs when the account balance falls below the minimum amount the lawyer is required to hold in trust. An overdraft notification signals a problem with the account.
3Financial Institution Reporting
The financial institution must notify the Grievance Administrator within five banking days after the date the item was paid or returned unpaid. The financial institution must report:
- The identity of the financial institution
- The identity of the lawyer or law firm
- The account number
- Either the amount of overdraft and date of the overdraft created, or the amount of the returned instrument or dishonored electronic debit and date returned or dishonored, or the date of presentment for payment and date paid
4Investigation Process
If the overdraft is nominal or when it is determined that the overdraft notice was issued in error, the Grievance Administrator may exercise discretion and determine that no further investigation is warranted. If such determination cannot readily be made, a Grievance Administrator's Request for Investigation may be issued to the lawyer(s) in whose name the account is held.
Lawyers who receive a Request for Investigation shall provide the Grievance Administrator, in writing, within 21 days after issuance of the request:
- A full and fair explanation of the cause of the overdraft
- How it was corrected
- Remedial measures taken to prevent future overdraft occurrences
Questions about the reporting process?
Financial institutions may contact the AGC
TAON Frequently Asked Questions
Trust Account Overdraft Notification (TAON) Frequently Asked Questions
"TAON" stands for Trust Account Overdraft Notification, the short name for MPRC 1.15A, adopted by the Michigan Supreme Court, effective September 15, 2010. Pursuant to the TAON rule, lawyers may only place their trust accounts at Michigan financial institutions which have agreed to notify the Grievance Administrator of any transaction which overdrafts the account or would have resulted in an overdraft, if completed.
Upcoming Seminars
Lawyer Trust Accounts: Management Principles & Record keeping Resources
Lawyer Trust Accounts: Management Principles & Recordkeeping Resources
Learn how to ethically manage lawyer trust accounts and effectively use forms, checklists, and guidelines for recordkeeping.
View on michbar.orgTips and Tools for a Successful Practice
Resources and guidance for building and maintaining a successful legal practice.
View on michbar.org