How Thurgood Represents Michigan Employees

The right to choose a representative

• A non-attorney representative. “‘Authorized representative’ means an individual, other than an attorney, who has been given legal authority to represent a party in a proceeding.”Mich. Admin. Code R 792.10103(f)
• Appearance. “A party may appear in person, by an attorney, or by an authorized representative where permitted by law. To appear on behalf of a party, an attorney or authorized representative must file a notice of appearance, unless the first appearance is made on the record in a proceeding.”Mich. Admin. Code R 792.10107(1)
• Scope. The MOAHR rules govern the hearings that office conducts under “the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.” MDCR proceeds under its own rules, set out in the next section.Mich. Admin. Code R 792.10103(a)

Michigan Department of Civil Rights

“A person claiming to be aggrieved by unlawful discrimination may personally, or through counsel or other agent, submit a complaint to the department.” The complaint itself names that agent: it must include “[t]he full name and address of the claimant and his or her agent, if any.”

Why Thurgood’s representation before MDCR is not the unauthorized practice of law

• Authorized by agency rule. MDCR’s rules let a worker proceed “through counsel or other agent,” and Michigan’s hearing rules recognize an “authorized representative” who is “other than an attorney.” Thurgood acts for a worker only as the agent the worker names.R 37.4(1), (4)(a)R 792.10103(f)R 792.10107(1)
• Never held out as attorneys. The statute bars anyone who would “represent or designate himself or herself as an attorney and counselor, attorney at law, or lawyer.” Thurgood’s retainer states that Thurgood is not a law firm and its representatives are not attorneys, and Thurgood does not describe itself otherwise.MCL 600.916(1)
• No court practice, and no hearing presentation. At the Civil Rights Commission’s hearing, “[t]he case in support of the charge must be presented at the hearing by the department’s counsel or by a member of the department’s staff, or upon notice from the claimant, by the claimant or his or her counsel.” Thurgood does not present cases there or file them in court; those matters are placed with a licensed attorney.R 37.12(6)

Michigan law on paying a representative

MDCR’s rules say nothing about how a representative is paid. Michigan law elsewhere provides for paying a non-attorney agent in an employment proceeding, and the Michigan Supreme Court has held that a fee does not decide whether a service is the practice of law.

• Michigan Employment Security Act — “Any individual claiming benefits in any proceeding before the commission or a court may be represented by counsel or other duly authorized agent; but no such counsel or agents shall either charge or receive for such services more than an amount approved by the commission.”MCL 421.31
• Michigan hearing rules — MOAHR’s rules recognize an “authorized representative” who is “other than an attorney” and place no condition on payment.R 792.10103(f)
• Michigan Supreme Court — “It is immaterial that it charged a fee for its services. Charging a fee for nonlegal services does not transmogrify those services into the practice of law.”Dressel v Ameribank, 468 Mich 557 (2003)

Model Rules of Professional Conduct

• Rule 5.4(a) — “A lawyer or law firm shall not share legal fees with a nonlawyer.” A worker referred to Thurgood becomes Thurgood’s client. Thurgood pays the referring firm a flat fee that does not vary with the recovery, and no part of any legal fee the firm earns comes back to Thurgood.Model Rule 5.4(a)
• Rule 5.4(c) — “A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer’s professional judgment in rendering such legal services.” A matter referred to Thurgood is Thurgood’s to carry. The referring firm renders no legal services on it, and Thurgood directs no lawyer’s judgment.Model Rule 5.4(c)
• Rule 1.5(e) — “A division of a fee between lawyers who are not in the same firm may be made only if: (1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation; (2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and (3) the total fee is reasonable.” The division here runs between Thurgood and the referring firm rather than between two lawyers, and Thurgood holds it to the same three conditions: the referring firm’s share reflects the cost to acquire the potential client, the retainer sets out the arrangement and each share in writing with the worker’s agreement, and the total is reasonable.Model Rule 1.5(e)

Filing and authorization

• Authorization procedure. The worker may proceed “through counsel or other agent,” and the certified complaint must include “[t]he full name and address of the claimant and his or her agent, if any” and “[t]he claimant’s signature.”Mich. Admin. Code R 37.4(1), (4)(a), (e)
• Deadline. “The complaint must be filed within 180 days after the date of the alleged discrimination, or within 180 days after the date when the alleged discrimination was or should have been discovered.”Mich. Admin. Code R 37.4(6)

What the representative carries

• The investigation. “The department may require answers to interrogatories, order the submission of books, papers, records, and other materials pertinent to a complaint, and require the attendance of witnesses ….”Mich. Admin. Code R 37.4(10)
• The decision. “If, after investigation, the department determines that there are sufficient grounds, a charge shall be issued.” If there are not, the department “shall refuse to issue a charge” and notify the parties of the claimant’s right to ask for reconsideration “within 30 days after the date of mailing.”Mich. Admin. Code R 37.6(1), (2)

Resolution by agreement at MDCR

• Conciliation conference. “The respondent may be invited, at any time, to participate in a conciliation conference in a final attempt to address and eliminate the alleged discrimination,” and “[i]f the conciliation conference is successful, the department shall notify the parties of the resolution and close the case.”Mich. Admin. Code R 37.5(1), (3)
• Mediation. MDCR runs a mediation program: “During Fiscal Year 2025, MDCR conducted 141 mediation conferences, resulting in 87 successful monetary settlements.”Michigan Civil Rights Commission, 2025 Annual Report