In 2013, the Michigan legislature enacted a statute of repose for legal-malpractice claims. Those claims are still subject to a two-year statute of limitations, which starts running when the attorney stops representing the client as to the matters out of which the claim arose. Likewise, legal-malpractice claims are still subject to the six-month discovery rule,…

The Court of Appeals adopted an expansion of the attorney-client privilege in Estate of Nash v City of Grand Haven (2017). Attorney-client communications relating to legal advice are privileged, of course. But what if another party communicates with both a party and that party’s attorney in an attempt to develop a common legal strategy? Ordinarily,…

Estate of Maki v Coen (2017) holds that an attorney who represents a conservator represents only the conservator—not the conservator’s ward. Until Maki, some parties argued that a conservator’s attorney represented both the conservator and the conservator’s ward—the “protected individual,” as the Estates and Protected Individuals Code (“EPIC”) puts it. Typically, parties argued for this…