Michigan Clause Addressing Obligations to Comply with Laws Orders and Regulations Reasonable Approach

State:
Multi-State
Control #:
US-OL13032A
Format:
Word; 
PDF
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Description

This office lease clause describes the reasonable approach in addressing the obligations under which the tenant and the landlord must comply with all laws, orders and regulations of federal, state, county and municipal authorities and with any direction of any public officer or officers, pursuant to law, and all rules, orders, regulations or requirements.

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FAQ

Rule 2.309 - Interrogatories to Parties (A) Availability; Procedure for Service; Limits. (1) A party may serve on another party written interrogatories to be answered by the party served or, if the party served is a public or private corporation, partnership, association, or governmental agency, by an officer or agent.

Rule 2.405 - Offers to Stipulate to Entry of Judgment (A) Definitions. As used in this rule: (1) "Offer" means a written notification to an adverse party of the offeror's willingness to stipulate to the entry of a judgment in a sum certain, which is deemed to include all costs and interest then accrued.

This matter is governed principally by MRPC 3.7. That rule provides as follows: Rule 3.7 Lawyer as Witness. "(b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9."

"In representing a client, a lawyer shall not communicate about the subject of the representation with a party whom the lawyer knows to be represented in the matter by another lawyer, unless the lawyer has the consent of the other lawyer or is authorized by law to do so."

If, within 14 days after being served, the opposing party serves written notice accepting the offer, either party may then file the offer and notice of acceptance, plus proof of service. The clerk must then enter judgment.

AN ACT to prohibit certain methods, acts, and practices in trade or commerce; to require the disclosure, maintenance, and verification of certain information for consumer protection; to prescribe certain powers and duties; to provide for certain remedies, damages, and penalties; to provide for the promulgation of rules ...

(a) In representing a client, a lawyer shall not communicate directly or indirectly about the subject of the representation with a person* the lawyer knows* to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer.

Counteroffer: A party may make a counteroffer within the 21 days allotted to respond to the offer of judgment. A counteroffer serves as a rejection to the original offer, as well as a new offer to the party that first submitted the offer.

Rule: 4.4 Respect for Rights of Third Persons In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.

For example, if a defendant issues a written offer of judgment of $30,000 and the plaintiff chooses to let that offer lapse and to go to trial, the plaintiff must receive a judgment in excess of $30,000 to avoid having to pay the defendant's court costs.

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Michigan Clause Addressing Obligations to Comply with Laws Orders and Regulations Reasonable Approach