Is a township board required to hire an attorney?
No, the township board authority to hire an attorney is optional. MCL 41.187 states: “The township board of a township may employ an attorney to represent the township in civil matters and in the prosecution of violations of township ordinances. The attorney shall receive the compensation determined by the township board.”

A township board can hire an attorney (1) on a consultation basis, requesting legal guidance as needed; (2) to perform a specific function, such as attending township board meetings; (3) on a retainer basis, paying an annual or monthly fee for legal services for a specified period; or (4) any combination of those methods.

A township board should limit the term of a legal services agreement to the current board’s term of office. Michigan case law has established the principle that a township board cannot create a contract that binds a future board with respect to hiring public officers, such as a township attorney (See City of Hazel Park v Potter, 169 Mich. App. 714, 1988.)

The decision to hire an attorney does involve a consideration of the cost. However, it is possible to be “penny wise and pound foolish.” There are times when a township really should seek legal guidance—and it is often more cost-effective to pay a few hundred dollars to do things properly in the beginning, rather than pay thousands of dollars and expend time and money in litigation after things have gone wrong.

A Practical Guide to Hiring a Lawyer (.pdf)

State Bar of Michigan

Can the board limit who can contact the township attorney?
Yes. Because each phone call or request to the township attorney will likely incur a cost to the township, a township board may adopt, and request the attorney to follow, a policy limiting the extent of contact with the attorney to control those costs. For example, a board could direct that only one or two specific township board members have the authority to request the attorney’s services.

Note, however, that the township board is the attorney’s client, not individual board members. Even if the board restricts contact with the attorney, the attorney’s legal opinions, guidance, and papers or documents paid for directly by the township belong to the client—the entire board. Limitations on access to the township attorney should not be used to exclude board members from access to the attorney’s advice to the township (unless the advice involves a board member’s suit against the township).

Can a board member consult an attorney, other than the township attorney, to be paid for by the township board?
In general, no board member has the right to hire an attorney and send the bills to the township without board authorization.

However, it may be an abuse of discretion for a township board to refuse to provide legal representation to an official to defend an action taken in performing his or her statutory duties, or to refuse to indemnify such an official for legal expenses incurred where pressing necessity or emergency conditions require legal representation to perform those statutory duties. (Bruck v Wickenheiser, 108 Mich. App. 262, 1981).

Can other township board or commissions use the township’s attorney?
It is the opinion of MTA Legal Counsel that authority to retain legal counsel rests with the township board: “There is no specific authority for a body such as a zoning board of appeals or planning commission to retain an attorney without township board approval. … Although a body such as a planning commission has statutory authority to prepare its own budget, such a proposed budget must be submitted to the township board for approval or disapproval, and neither the planning commission nor a zoning board of appeals has any authority to independently raise revenue for payment of employees, professional or otherwise.”