Order Michigan Supreme Court
Lansing, Michigan
November 6, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147718 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
In re TIMOTHY T. FRYHOFF Justices
_________________________________________
ATTORNEY GRIEVANCE COMMISSION,
Petitioner. SC: 147718
_________________________________________/
On order of the Court, the petition for injunction pursuant to MCR 9.108(E)(4) is
considered, and it is DENIED. In lieu of granting the relief requested, we invite the
Attorney Grievance Commission to file with the Court its proposal for amending the
Michigan Rules of Professional Conduct so as to clarify the status of attorney fee
provisions such as that utilized by the attorney who is the subject of the petition for
injunction. The issues are whether the use of a “results obtained” or “value added”
provision in the calculation of attorney fees in a divorce case makes the fee “contingent”
and thus impermissible under MRPC 1.5(d), and if so, whether the rules should be
amended to permit such fee provisions under certain conditions.
The State Bar Family Law Council and Standing Committee on Professional
Ethics are also invited to file proposed rule amendments addressing the issue presented.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 6, 2013
s1030
Clerk