Category Archives: News

SBM Young Lawyers Section Announces Recipient of 2017 Regeana Myrick Outstanding Young Lawyer Award

Marcuz HeadshotThe State Bar of Michigan Young Lawyers Section will present Katherine Marcuz with the Regeana Myrick Outstanding Young Lawyer Award on Saturday, April 29, at Crystal Mountain Resort in Thompsonville.

Marcuz is an appellate attorney at the State Appellate Defender Office and principal attorney for the Appellate Investigation Project, an innovative collaboration between SADO and the Michigan Assigned Appellate Counsel System to provide MAACS roster attorneys with greater access to investigators and training on spotting and litigating extra-record issues in need of expert witnesses. Prior to beginning her work at SADO in 2012, Marcuz clerked for Hon. Catherine Easterly of the District of Columbia Court of Appeals. Prior to becoming an attorney she worked as a high school English teacher in Brooklyn, New York. She earned a bachelor’s degree from Sarah Lawrence College, a master’s degree in education from Brooklyn College and a law degree from the University of Michigan Law School.

The Young Lawyers Section also named two finalists for the Regeana Myrick Outstanding Young Lawyer Award. Ryan Berman runs his own law firm in Bloomfield Hills, working on international business law, real property law and criminal law. He is also a licensed real estate salesperson, mediator, political consultant, law enforcement trainer, reserve police officer, charter member of the International Law Enforcement Educators & Trainers Association and a judge for the Michigan High School Mock Trial Tournament. He is a graduate of Michigan State University and Wayne State University Law School. Abril Valdes is an attorney with Clement and Hurst in Troy, focusing her practice on immigration, family law and criminal defense. She serves as secretary of the Hispanic Bar Association of Michigan, director of membership for the Women Lawyers Association of Michigan Wayne Region and a Barristers Board member of the Detroit Bar Association. She is a graduate of California State University and the University of Detroit Mercy School of Law.

The award is named for Regeana Myrick, who was a very active member of the SBM Young Lawyers Section Executive Council when she died in 1997. It is presented annually to a young lawyer in Michigan who has demonstrated many of her best qualities, including an overwhelming commitment to public service, exemplary service to the State Bar, and exceptional professional accomplishments.

The Outstanding Young Lawyer Award will be presented as part of the SBM Young Lawyers Section 10th Annual Summit. The Summit contains a full day of seminars that will cover substantive and skill-based tracks on such topics as family law, civil rights law, insurance law, mediation, trial skills and advocacy, practice management and client development. It will also feature a keynote address from Michigan Supreme Court Chief Justice Stephen Markman.

For more information about the Summit, visit connect.michbar.org/yls/home or contact Shenique Moss at sheniquemoss@gmail.com.

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SBM to Present “Tips and Tools” For a Successful Practice Seminar on May 2

TipsandtoolsThe State Bar of Michigan will present “Tips and Tools for a Successful Practice” from 9 a.m. to 5 p.m. on Tuesday, May 2, at the State Bar’s Michael Franck Building in downtown Lansing.

The semi-annual seminar features presentations on how to maintain mutually beneficial client relationships, draft effective fee agreements, manage lawyer trust accounts, analyze ethical issues, and use innovative techniques and technology for law office management. The seminar presents an excellent opportunity for solo practitioners and new lawyers to obtain ethical guidance and practical information from colleagues who have successfully implemented law office management techniques and utilized economically-priced technology to improve the efficiency of their law practices.

Registration costs $100 for lawyers who have been in practice for less than five years and $125 for those who have practiced law for five years or more. The registration fee includes seminar materials, a continental breakfast and buffet lunch. To view the agenda or make a reservation, visit http://www.michbar.org/tipstools. The registration deadline is Friday, April 28.

For more information contact Karen Spohn with the State Bar of Michigan Professional Standards Division at kspohn@mail.michbar.org or (517) 346-6309.

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Attention Detroit-Area Attorneys: Lakeshore Legal Aid Needs Your Help

ProbonologoLakeshore Legal Aid and the City of Detroit Clean Slate Project will host an expungement fair to help low-income people expunge their non-violent criminal records in order to get jobs. The fair will take place from 10 a.m. to 4 p.m. on Saturday, May 6 at Tabernacle Missionary Baptist Church, located at 2080 W. Grand Blvd. in Detroit. 

If you're an attorney in the metropolitan Detroit area, they need your help. They're expecting about 1,500 people to attend the fair and they will all need help learning if they are legally eligible for expungements. If they are eligible, they'll then need help preparing State Court Administrative Office pleadings. 

No prior experience in handling expungements is necessary, and you can sign up to participate in all or part of the day. You will NOT leave with cases. You WILL leave having participated in a very meaningful pro bono experience. 

For more information or to sign up to participate, contact Lynda Krupp at lkrupp@lakeshorelegalaid.org. 

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International Society of Barristers Names Lecture Series for Professor John Reed

The International Society of Barristers has created an annual lectureship to honor John W. Reed, Thomas M. Cooley Professor of Law Emeritus at the University of Michigan Law School and retired Wayne State University Law School dean.

On March 24, Michigan State Supreme Court Justice Bridget McCormack delivered the inaugural John Reed Lecture at the 2017 meeting of the International Society of Barristers. Titled "The Forensic Science Frontier: It's up to the Lawyers," the lecture drew on Justice McCormack's extensive involvement with studies of the validity of forensic evidence.

Professor Reed became an academic fellow of the Society in 1978 and served as administrative secretary and editor of its journal, Quarterly, from 1979 to 2010. For the last 20 years of his tenure in the Society, Professor Reed gave the concluding speech at each annual convention, urging the fellows on to a sense of high purpose.

The Society was created in 1965 and is dedicated to preserving trial by jury, the adversary system and an independent judiciary. Its founders conceived the organization to bring together the best of the trial bar in a setting devoid of partisan interests. The emphasis of the organization is on warm fellowship among professionals without regard to their orientations as plaintiffs' or defendants' advocates. In such a setting it becomes possible to consider, rationally and in good will, issues of ethics and excellence in advocacy and the role of litigation in society.

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Attention Genesee County Attorneys: We Need Your Help

MiFreeLegalAnswersWe at the State Bar of Michigan want to help low income people get answers to their pressing legal questions. 

In order to accomplish that goal, we're launching mi.freelegalanswers.org, a pro bono website that is beginning in Genesee County that we hope will expand across the state, and will make it very easy for attorneys to provide quick, correct answers to the important and urgent questions of low income people. 

We're working on this project in collaboration with Legal Services of Eastern Michigan, the Genesee County Bar Association and the American Bar Association. 

In order to get this project up and running we need attorneys in Genesee County to sign up and participate. Once you sign up, you decide where and when you'll participate. You do not have to meet any time commitments. And clients will be given the understanding that you will not go to court with them or prepare any paperwork for them. By participating in the program, you will be provided with free malpractice coverage for legal guidance you provide via mi.freelegalanswers.org. 

To find out more about how mi.freelegalanswers.org works, watch this short video. For more information, visit attorney FAQs or email freelegalanswers@mail.michbar.org. 

If you're ready to join us, visit mi.freelegalanswers.org and click "Get Started." 

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In Memoriam: Charles W. Joiner, 36th SBM President

Joiner_charlesThe State Bar of Michigan mourns the loss of its 36th president, Charles W. Joiner, who died March 10 at the age of 101.

A 1939 graduate of the University of Iowa Law School, Joiner was elected president of the State Bar of Michigan from 1970-1971. He had a long and distinguished legal career in the Ann Arbor area, after first serving as an aviation cadet, flight instructor, pilot and crew commander of a B-29 bomber squadron in the Pacific during World War II, and then served as an attorney with the firm Miller, Huebner, and Miller in Des Moines. In 1947 he and his family moved to Ann Arbor where he practiced law and served on the city council from 1955-1959.

In the 1960s Joiner organized and directed a group of attorneys in drafting a complete revision of the 40-year-old Procedural Statutes and Rules for Michigan’s state courts, and then led the successful drive for their enactment. He served as director of the Preparatory Commission and director of Research and Drafting for the 1961-62 Michigan Constitutional Convention. United States Supreme Court Chief Justice Earl Warren tapped him to help author the proposal that resulted in the Uniform Rules of Evidence for the federal court system, and Joiner helped advocate for its adoption. Chief Justice Warren also recruited Joiner to serve on the Civil Rules Advisory Committee, the Standing Committee on Civil Rules of the Judicial Conference and the Committee to Review Circuit Council Conduct and Disability Orders.

Joiner served for nine years on the American Bar Association Committee on Ethics, served as chair of the ABA Committee on Specialization and also served as chair of the SBM Privacy Committee. He was named by Governor William Milliken as a commissioner of Uniform State Laws. He also served as a professor at the University of Michigan Law School, where he founded the Advocacy Institute for Continuing Education for lawyers, and he also served as associate dean and then acting dean. He then served as dean of Wayne State University Law School until 1972, when he was appointed a district judge for the United States District Court, Eastern District of Michigan, where he served until 1984. He then served by invitation on the U.S. Court of Appeals Sixth Circuit bench, taking about a one third load. He authored six books and many articles for law reviews and bar journals. He was an active member of the American Law Institute, American Judicature Society Board of Directors, American Bar Foundation Fellows chair, and a Life Member of the NAACP.

Joiner is survived by his wife of 72 years, Anna Helen Martin Joiner, and three children, Charles Joiner Jr. (Katherine) of Greenville, SC; Nancy Bidlack (Stan), of Pinckney; and Richard Joiner, of Madisonville, KY; as well as seven grandchildren and 14 great-grandchildren. His favorite personal pastime was golf, and he enjoyed a round almost every day until he was 96. He and his wife enjoyed nature, new spring flowers and the greenness of the grass each spring.

Memorial services have been held. Memorial contributions may be made to North Methodist Church of Naples, 6000 Goodlette-Frank Rd., Naples, Fla. 34109. To view or contribute online condolences, visit http://fullernaples.com.

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SBM Young Lawyers Section to Host 10th Annual Summit

CrystalmountainThe State Bar of Michigan Young Lawyers Section will host its 10th Annual Summit April 28–29 at Crystal Mountain Resort in Thompsonville.

The Summit will feature a special keynote address by new Michigan Supreme Court Chief Justice Stephen Markman, and two educational programming tracks. The Professional and Business Development Track will include the following educational seminars: “Beyond LinkedIn: How to Build a Powerful Professional Network on Social Media,” “Rainmaking: Much More than Simply Making Money,” “Cut the Fat: Use Lean to Improve Efficiency, Reduce Cost & Return Respect for People to Your Legal Practice,” “The Professional Professional: Cultivating an Image for an Entire Career and Beyond,” & “Becoming an Articulate Advocate: Strategies for Powerful Public Speaking in and out of Court.”

The Litigation Boot Camp Track will include the following educational seminars: “Write Like the Best: A Hands-on Editorial Session,” “Evidence Jeopardy:  Enhancing Your on-the-Spot Evidence Knowledge in a Fun-Not-Painful-Way!,” “The Anatomy of the Ultimate Trial Notebook: from Case Screening to Verdict,” “Perfecting the Art of Voir Dire: Selecting the Best Jurors for Your Case,” and “Trial No Error: Tips on Trial Strategy.”

The Summit will also feature many networking opportunities, including a welcome reception at 7:00 p.m. on April 28, and morning exercise classes, breakfast, a keynote luncheon, and dinner on April 29. 

Young Lawyer Section members who register for the Summit before April 14 will pay $45, and the cost rises to $60 after April 14. For more information about the Summit, visit connect.michbar.org/yls or contact Shenique Moss at sheniquemoss@gmail.com.

A block of rooms is being held at Crystal Mountain Resort until March 29. Reserve your hotel room at Crystal Mountain Resort online or by calling (855) 520-2974 and using the group code 4617RV.

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SBM Seeks Applications for 2017 Pro Bono Circle of Excellence

ProbonologoThe State Bar of Michigan invites all law firms of two or more attorneys to apply for the 2017 Pro Bono Circle of Excellence, recognizing each firm that fully complied with the State Bar’s Voluntary Pro Bono Standard in 2016. The application deadline is April 7.

The Voluntary Pro Bono Standard applies to legal services for low-income individuals and organizations, as well as financial support for eligible nonprofit organizations providing free civil legal aid for the poor. Contributions to the Access to Justice Fund count toward fulfilling the Standard.

The Standard calls for attorneys to annually take three pro bono cases, devote at least thirty hours of pro bono service, or contribute $300 to a legal aid provider organization. Firms that can afford to do so are asked to make annual financial contributions of $500 per attorney and are recognized at the “Leadership Level” of the Circle of Excellence. Individual lawyers who meet the Pro Bono Standard are celebrated locally through their Access to Justice programs, and through the State Bar of Michigan’s A Lawyer Helps website.

“Last year there were a record 56 firms and corporations in the Circle of Excellence in its newly redesigned format,” SBM President Larry Nolan said. “I want to extend congratulations to all firms who have met these impressive standards and joined the State Bar in our pro bono efforts. I also want to encourage even more firms to get involved and help us build momentum and make an even bigger difference for those in need.”

Fill out a Circle of Excellence application form. For more information, contact Robert Mathis at rmathis@mail.michbar.org.

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Michigan Police Agencies Adopt Evidence-Based Eyewitness ID Rules

Nearly 300 police agencies that work to protect more than 80 percent of Michigan’s citizens have now adopted scientifically sound eyewitness identification guidelines recommended by a task force convened by the State Bar of Michigan in 2011.

"Misidentification played a key role in the wrongful conviction of each our clients, who were exonerated years later through DNA testing,” said Marla Mitchell-Cichon, director of the Cooley Innocence Project at Western Michigan University Cooley Law School. “With law enforcement agencies across the state adopting evidence-based identification practices, the reliability of identifications increases and the risk of wrongful convictions decreases. Kudos to the Michigan law enforcement agencies that have implemented reform in this area."

Eyewitness misidentification is the leading cause of wrongful convictions proven with DNA evidence in the United States, playing a role in 71 percent of such cases. In Michigan, 18 of the 66 wrongful convictions that have been overturned since 1989 involved erroneous eyewitness identification, according to the University of Michigan Law School National Registry of Exonerations database, which tracks both DNA and non-DNA exonerations.

In 2011, the State Bar of Michigan convened the Eyewitness Identification Task Force, chaired by Valerie Newman, an attorney with the State Appellate Defender Office, and Nancy Diehl, a retired Wayne County prosecutor. The task force contained judges, sheriffs, Michigan State Police officers, police chiefs, prosecutors, defense attorneys and Innocence Project attorneys.

For a year, the task force reviewed research and listened to experts, then it issued an eyewitness identification policy writing guide for law enforcement agencies that recommended the use of evidence-based procedures that have been endorsed by the National Academy of Sciences, the International Association of Chiefs of Police and the American Bar Association. This guide focused on four key reforms:

  1. Having officers who conduct lineups conduct them in such a way that they are unaware of the suspect’s identity or they are prevented from seeing which suspect is being viewed by an eyewitness at any given time
  2. Instructing the eyewitness that the perpetrator may or may not be present during the lineup procedure
  3. Selecting fillers (non-suspect members of a lineup) that generally match the eyewitness’ description of the perpetrator
  4. Asking the eyewitness to state his or her level of confidence immediately after identification is made

"These best practices will help prevent wrongful convictions in the state of Michigan,” Nancy Diehl said. “I'm proud that our task force brought together a range of criminal justice stakeholders – judges, prosecutors, defense attorneys, law enforcement and the innocence community – to help our state adopt scientifically-based procedures that will reduce the risk of eyewitness misidentification."

"As a criminal defense attorney I have represented innocent people imprisoned based on a mistaken eyewitness identification,” Valerie Newman said. “The adoption of scientifically based eyewitness identification best practices is a very proud moment for Michigan's criminal justice system. These reforms are a major accomplishment achieved after thoughtful research and investigation into improving one aspect of our system. I look forward to continued progress on additional reforms to our criminal justice system."

The Michigan Commission on Law Enforcement Standards (MCOLES), Michigan Police Chiefs Association and Michigan Sheriffs Association worked to train officers in best practices and to help agencies that adopt the policy recommended by the SBM Eyewitness Identification Task Force. Follow-up surveys showed that nearly 300 agencies covering more than 80 percent of the state’s population had adopted evidence-based written policies, including the Detroit Police Department and Michigan State Police.

Michigan is now one of 19 states nationally that has achieved statewide implementation of eyewitness identification best practices, either through statute, court action or substantial voluntary adoption by law enforcement.

“In all of my years as a police officer I never knew of any officer who intentionally tried to convict the wrong person,” said David Harvey, executive director of (MCOLES). “Mistakes unfortunately occur as the profession is based on people and people make errors. Law enforcement in Michigan readily adopted the new policy to ensure that the right person is brought to justice and I am very proud of our agencies and officers for that.”

“The Prosecuting Attorneys Association of Michigan is most pleased that the procedures utilized in eyewitness identification in criminal investigations has been successfully addressed through the refinement and utilization of scientifically supported best practices,” said Mark Reene, president of the Prosecuting Attorney Association of Michigan. “The objective, as always, is that the most accurate information possible be obtained at all times to ensure justice for both victims and suspects. All interests have been furthered through this extraordinary collaborative effort.”

“The Michigan Association of Chiefs of Police was proud to have participated in developing and implementing this Model Eyewitness Identification Policy,” said Bob Stevenson, executive director of Michigan Association of Chiefs of Police. “We are confident that this policy will reduce the likelihood of an innocent person being accused of a crime. The cooperation of all the various participants within the criminal justice field to achieve this goal could be a role model for other states to emulate.”

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SBM Lawyers and Judges Assistance Program to Host 'Digital Age's Health Crisis' Program

OnlinesexaddictionThe State Bar of Michigan Lawyers and Judges Assistance Program will host a training program for providers called, "The Digital Age's Public Health Crisis: Sex and Porn Addiction," at 9 a.m. on Friday, March 17 at the State Bar of Michigan Michael Franck Building, located at 306 Townsend St. in Lansing. 

Kenneth M. Adams, Ph.D., CSAT-S will present the $99 training, which will allow those in attendance to earn three CAC-related credits. Any provider on the SBM preferred provider list or anyone interested in being added to the list is welcome to attend, but must register by March 10. There are only 20 spots available for the training on a first-come-first-serve basis and no on-site registrations will be allowed.

Read more information or register for the program. 

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