Category Archives: News

Negligence Law Section Annual Meeting & Educational Program

SBM_AM16_miniheaderThe State Bar of Michigan Negligence Law Section will host its Annual Meeting and Educational Program from 2-4 p.m. on Thursday, Sept. 22 in conjunction with the State Bar Annual Meeting at DeVos Place in Grand Rapids.

The educational program will consist of two sessions: Michigan Supreme Court Justice Brian Zahra will speak about the Use of Corpus Linguistics to Interpret Laws and appellate attorney Mark Granzotto will speak about Appellate Law Updates: What Every Litigator Needs to Know.

There is no cost to attend the business meeting or the educational program, but registration is requested. To register online, visit theAnnual Meeting website. For more information, contact the Negligence Law Section at neglawsection@comcast.net or (517) 627-8700.

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Pokemon Go: A surprising tool in your civics education arsenal

Pokemongo.fwLawyers are used to using terminology that, to most people in the general population, sounds like a different language. Next time you head to the courthouse, however, listen closely and you might hear people talking about foreign topics like Charmanders, Psyducks, and Squirtles.

They’re characters from “Pokemon Go,” the augmented reality game for iOS and Android devices, and a certified hit—it’s been downloaded by more than 100 million people since its July launch, raked in more than $160 million in revenue in its first month, and caused the stock of parent company Nintendo to soar nearly 25 percent. The premise is simple—players wander around their communities trying to capture Pokemon (which is short for “pocket monsters”), then train their creatures to battle against other users.

Local landmarks are an important part of the game as either PokeStops (places where players can get training supplies) or Pokemon Gyms (places where players battle one another.) Quite of few of them have ties to the legal system. Pokemongo-gastly.fw

For example, the State Bar building in Lansing is a PokeStop. In the game, players who get close enough to our GPS coordinates spin a button with a photo of the historical marker that sits on our site and collect their rewards.

Other PokeStops with include the Ingham County Courthouse, Charles Chamberlain Federal Building, Frank Kelley Capitol Walkway, Thomas Cooley Statue, and Gerald Ford’s star on the Michigan Walk of Fame, all in downtown Lansing; the Kalamazoo County 8th District Courthouse; and the Lapeer County Courthouse. The Ingham County Courthouse in Mason, meanwhile, is a Pokemon Gym.

There are likely more PokeStops and Pokemon Gyms located at Michigan legal sites. These are ones we found via a cursory search using both the app and a crowd-sourced map on the internet.

Not everyone is crazy about Pokemon Go, however. A St. Clair Shores couple is suing Nintendo and Niantic, the app’s publisher and developer, claiming their quality of life has been ruined by players visiting a city park across the street.

As an aside, your author has captured a few Pokemon right near the SBM building. One was Gastly, a creature that, according to the game’s index, is “largely composed of gaseous matter.”

We’re sure it was just a coincidence.

-Post by Michael Eidelbes

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Want to help attorneys affected by floods in Louisiana? Here's how you can.

Abandoned_Truck_I-12Attorneys in Louisiana are reeling as the result of devastating, once-in-1,000-years floods. The New York Times reported that the floods have killed 11 and caused 30,000 people to need rescues. An estimated 40,000 homes are affected, and many of those do not have flood insurance because they are not located in areas known to flood. The Louisiana governor has declared a state of emergency and has issued an emergency suspension of legal deadlines. 

In response to the disaster, the Louisiana State Bar Association has put together a disaster response website filled with information, announcements, tools and resources to help its members recover and assist them as they seek to offer legal assistance to people in their communities. 

The Louisiana State Bar Association runs a program called SOLACE, (Support of Lawyers/Legal Personnel – All Concern Encouraged). The sole purpose of the program is to allow the legal community to reach out in meaningful and compassionate ways to judges, lawyers, court personnel, paralegals, legal secretaries and their families who experience a sudden catastrophic loss. SOLACE is currently accepting assistance requests from attorneys and other people for non-monetary needs. People can make requests for office space, gift cards, furniture, temporary housing, food, and more. Undoubtedly, the SOLACE program is stretched to its limit by this disaster. 

If you'd like to help, here's how you can: 

Donate to help lawyers affected by the floods

Another way to donate to help lawyers and their staff members affected by the floods

Volunteer to help lawyers affected by the floods (only if you are also licensed in Louisiana).

 

 

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State Bar of Michigan Announces 2016 Election Results


Barnes_Dennis_16SBM Board of Commissioners

Three attorneys—Dennis M. Barnes, Edward L. Haroutunian, and Michael S. Hohauser—won contested seats in this year’s Board of Commissioners elections. All will serve three-year terms expiring at the close of the 2019 Annual Meeting. Haroutunian_10

Dennis M. Barnes, elected to serve District H, representing Wayne, Monroe and Lenawee counties, is a member of Barris, Sott, Denn & Driker in Detroit, focusing his practice on business litigation. Edward L. Haroutunian and Michael S. Hohauser were both elected to serve District I, representing Oakland County. Haroutunian practices law at Haroutunian Licata Haroutunian, P.C., in Bingham Farms. Hohauser practices law with Hohauser Kuchon in Troy.

Hohauser_MichaelFour attorneys won unopposed races to the State Bar Board of Commissioners. Victoria A. Radke won a seat in District A, representing the Upper Peninsula and northern Lower Peninsula. Radke serves as Delta County Friend of the Court in Escanaba. E. Thomas McCarthy Jr. and Robert J. Buchanan won in District C, representing Oceana, Muskegon, Ottawa, Newaygo, Kent, Osceola, Mecosta, Clare, Isabella and Gladwin counties. Danielle Mason Anderson won in District F, representing Allegan, Berrien, Branch, Calhoun, Cass, Hillsdale, Kalamazoo, St. Joseph and Van Buren counties. McCarthy practices law with Smith Haughey Rice & Roegge PC in Grand Rapids. Buchanan serves as Managing Member for Buchanan & Buchanan PLC in Grand Rapids.

The SBM Board of Commissioners provides oversight to the State Bar on finance, public policy, professional standards and member services and communications.

 

SBM Representative Assembly

Seven attorneys won contested races for the SBM Representative Assembly.

Matthew R. Abel and Daniel J. Ferris won contested elections to represent Wayne County for the Third Circuit.

Stephen J. Gobbo, Jessica L. Zimbelman and Christopher L. Jackson won contested elections to represent Ingham County for the 30th Circuit.

Dennis L. Perkins and William H. Hougaboom won contested elections to represent Livingston County for the 44th Circuit.

Thirty-one attorneys won unopposed races in the State Bar Representative Assembly. These new members are:

Fourth Circuit—Jackson County
Philip M. Moilanen

Sixth Circuit—Oakland County
Henry S. Gornbein
Michael J. Blau
James T. Weiner
Steven L. Rotenberg
Shannon M. Smith
Paul A. Thursam
Christopher R. Schaedig

Seventh Circuit—Genesee County
Nancy K. Chinonis

Ninth Circuit—Kalamazoo County
Mark A. Holsomback

12th Circuit—Baraga, Houghton and Keweenaw Counties
Diana M. Langdon

13th Circuit—Antrim, Grand Traverse and Leelanau Counties
Lea Ann Sterling

16th Circuit—Macomb County
Karen Trickey Pappas
Randall Chionini
Laura I. Marji

17th Circuit—Kent County
Michael P. Hanrahan

22nd Circuit—Washtenaw County
Peter M. Falkenstein

25th Circuit—Marquette County
Erica N. Payne Roell

29th Circuit—Clinton and Gratiot Counties
Colleen M. Davis

31st Circuit—St. Clair County
Gerrow D. Mason

32nd Circuit—Gogebic and Ontonagon Counties
Anna R. Talaska

33rd Circuit—Charlevoix County
Katrina D. Martin

37th Circuit—Calhoun County
David E. Gilbert

39th Circuit—Lenawee County
Jennifer A. Frost

40th Circuit—Lapeer County
Bernard A. Jocuns

41st Circuit—Dickinson, Iron and Menominee Counties
Kristin L. Kass

42nd Circuit—Midland County
Angela M. Cole
Jessica L. Robison

53rd Circuit–Cheboygan and Presque Isle Counties
Melissa Goodrich

56th Circuit–Eaton County
Jessica S. Fox

57th Circuit–Emmet County
Christina L. DeMoore

The 150-member Representative Assembly was created in 1972 to increase the proportion of members who actively participate in State Bar policy; it serves as the SBM final policy-making body.

 

Judicial Tenure Commission

Thomas J. Ryan, of Sylvan Lake, won a contested election for a three-year term on the Judicial Tenure Commission that will commence Jan. 1, 2017 and will expire on Dec. 31, 2019.

The JTC is a constitutionally created body that promotes the integrity of the judicial process and preserves public confidence in the courts. 

 

SBM Young Lawyers Section Executive Council

Ryan Zemke, of Utica, won an uncontested election in District 1, representing Wayne and Macomb counties, for a two-year term expiring in 2018.

Three attorneys—Jerome Crawford, of Troy; Tanya N. Cripps, of Auburn Hills; and Choi T. Portis, of Southfield—won uncontested elections in District 2, representing Oakland County, for two-year terms expiring in 2018.

Three attorneys—Erica N. Payne Roell, of Marquette; Katherine J. Bennett, of Lansing; and Roberta L. Sacharski, of Flint—won uncontested elections in District Three, representing all Michigan counties except for Wayne, Oakland and Macomb, for two-year terms expiring in 2018.

The Young Lawyers Executive Council governs the members of the Young Lawyers Section, one of the State Bar's largest sections. The section provides education, information and analysis about issues of concern through meetings, seminars, public service programs and newsletters. The section has won numerous awards for its public service and educational programs.

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SBM Dedicates 40th Michigan Legal Milestone in Kalamazoo

Img_8919_27795948356_oThe State Bar of Michigan dedicated its 40th Michigan Legal Milestone commemorating the Kalamazoo Case on Tuesday, June 21, in Kalamazoo. 

The case commonly referred to as the Kalamazoo Case began as a lawsuit filed by three citizens of Kalamazoo in 1873 who did not want their tax dollars to support secondary schools. In early 1874, Circuit Court Judge Charles R. Brown ruled against their challenge. They appealed to the Michigan Supreme Court, and Chief Justice Thomas M. Cooley penned a unanimous opinion on July 21, 1874, upholding Judge Brown's ruling and concluding that neither the legislature nor the state constitution restricted the scope of public education. By 1890 there were 278 high schools in Michigan.The Kalamazoo Case changed the landscape of public education in Michigan and served as a landmark for educational reform across the United States. 

Speakers at the dedication included SBM President Lori Buiteweg, SBM Executive Director Janet Welch, Varnum Partner John Allen, Western Michigan University Thomas M. Cooley Law School Associate Dean of External Affairs and General Council James Robb, Kalamazoo Promise Executive Director Bob Jorth and Kalamazoo Schools Superintendent Michael Rice. 

At the dedication, President Buiteweg revealed the 40th Michigan Legal Milestone plaque, which will be permanently installed on the grounds of the Ninth Circuit Courthouse in Kalamazoo. 

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SBM Young Lawyers Section Announces Recipient of 2016 Regeana Myrick Outstanding Young Lawyer Award

Syed_imranThe State Bar of Michigan Young Lawyers Section will present Imran Syed with the Regeana Myrick Outstanding Young Lawyer Award on Saturday, June 4, at the Crowne Plaza Hotel in Novi.

Imran Syed is an assistant clinical professor of law at the University of Michigan Law School Innocence Clinic, where he supervises students who investigate and litigate cases. He also teaches a seminar in forensic science. Syed has litigated several arson wrongful convictions that were determined based on outdated fire science and he has co-authored articles discussing novel litigation strategies needed to address wrongful convictions that were based on science that has become outdated. He has also spoken and written about a number of topics related to wrongful convictions, including compensation for those exonerated of crimes, the fallacies of eyewitness testimony, and the need for reform in Michigan’s public defense system. In 2014, he wrote and produced a documentary film, “The Price of Providence,” about one of the Innocence Clinic’s wrongful conviction cases. Syed received his bachelor’s degree in political science and law degree from the University of Michigan.

The Young Lawyers Section also named two finalists for the Regeana Myrick Outstanding Young Lawyer Award. Mitra Jafary-Hariri, an attorney with Honigman Miller Schwartz and Cohn in Detroit, litigates complex commercial disputes, representing private equity firms and their portfolio companies in litigation involving allegations of fraud, as well as insurance disputes. She represents media outlets on Freedom of Information Act, First Amendment and defamation matters and works on intellectual property matters and serves as outside general counsel for start-ups. Emily G. Thomas, an associate attorney with Reiter & Walsh PC in Bloomfield Hills, has focused on aiding clients with special needs and disabilities. She has co-authored articles on birth trauma and medical malpractice, has drafted appeals to the Michigan Court of Appeals, Michigan Supreme Court and United States Supreme Court, and actively participates in many bar associations, including the Detroit Metropolitan Bar Association, Women’s Bar Association, and the Oakland County Bar Association, where she is chair of the Medical Legal Committee and an Associate of the Inn of Court.  

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 Ninth 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 State Bar of Michigan President Lori Buiteweg.

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

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Real Property Law Section to Host Summer Conference in July

Boyne MountainThe State Bar of Michigan Real Property Law Section (RPLS) will host its 2016 Summer Conference, "Taking Your Practice to the Summit," July 13-16 at Boyne Mountain Resort & Spa in Boyne Falls.

Programs and workshops have been developed to educate both experienced and newer practitioners. A panel will discuss getting big acquisition deals done, and will delve into selecting the right buying entity, negotiating a loan commitment letter, the most important issues in completing a purchase agreement for both buyers and sellers, and making sure the closing goes smoothly. Workshops will cover best practices on drafting condo documents, owners choices on types of construction contracts, how to “quiet title,” and same sex marriage real estate issues.

Breakfast roundtables will cover under-utilized tax breaks for agricultural and forest property; claims against brokers, agents, and sellers; cell tower leases; crowd funding; splitting property; road vacations; electronic recording; appraisals; medical marijuana dispensary leases and current environmental issues. Programs will also go into real estate legislation under consideration by the Michigan House of Representatives and the Michigan Senate and summaries of the most important recent appellate decisions on Michigan real estate law.

Jack Lessenberry, Michigan Radio’s senior political analyst, will conclude the program with a special presentation called, “Into the Storm: What Can We Expect to Happen in this Bizarre Presidential Election Year—and What Will This Mean for 2017 and Beyond?”

Prior to May 14, the registration fee is $285 for RPLS members who are also first-time attendees, $325 for other RPLS members, and $375 for non-section members. After May 14, the registration fee rises to $325 for RPLS members who are also first-time attendees, $385 for other RPLS members, and $430 for non-section members. Members of the Young Lawyers Section can register for $100 both before and after May 14. More information and registration forms can be found on the RPLS website.

For more information contact Karen Schwartz at rplsks@gmail.com. For more information on upcoming RPLS events, become a fan of the section on Facebook by visiting facebook.com/RPLSMI.

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State Bar of Michigan Offers Resources for Law Day Celebrations Throughout May

LawdayThe State Bar of Michigan offers resources to lawyers, teachers, and students to use in Law Day celebrations occurring this year on and around May 1.

In 1958, President Dwight D. Eisenhower designated May 1 as Law Day. This day is an opportunity to strengthen our great American heritage of liberty, justice, and equality under the law. The State Bar of Michigan joins various local bars, businesses, schools, and other organizations in conducting programs associated with improving the public's understanding of our justice system.

A calendar of Law Day events occurring across the state throughout May is available on the SBM Law Day page.

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Reuters: Lawyers file $220 million damage claim against EPA in Flint water crisis

Lawyers for residents of Flint, Michigan, have filed a $220.2 million damages claim alleging negligence on the part of the U.S. Environmental Protection Agency contributed to dangerous lead levels in the city’s water supply.

In a statement issued on Tuesday, Michael Pitt said his firm Royal Oak, Michigan’s Pitt McGehee Palmer & Rivers, along with others, had filed an administrative complaint on Monday with the EPA alleging injuries to over 500 people. They said they would file a similar complaint next week covering 250 more Flint residents.

Federal law requires that such complaints be filed as precursors to actual lawsuits against government agencies like the EPA.

The complaint comes days after two Michigan state officials and a Flint employee were charged with criminal offenses in the crisis.

Flint was under control of a state-appointed emergency manager in April 2014 when it switched its source of water from Detroit’s municipal system to the Flint River to save money.

Read More:
http://www.reuters.com/article/us-michigan-water-claims-idUSKCN0XN2A5

SBM 21st Century Practice Task Force Unveils Vision to Transform Michigan's Legal Profession

After a comprehensive, year-long process examining how the State Bar of Michigan can best serve the public and support lawyers in the face of a rapidly evolving profession, the SBM 21st Century Practice Task Force has outlined five key problems the legal profession needs to address, and visions and key innovations necessary to overcome the problems. The work product of the task force can be found at http://www.michbar.org/future. 

Sbmfuturelawimage_1The five problems outlined by the task force are a dysfunctional legal marketplace, significant issues for new lawyers and new challenges for experienced lawyers, inefficient and overly complex legal processes, regulatory hurdles and cultural resistance to innovation. The task force offers many recommendations, including the development of a comprehensive public platform linked to a full range of legal services and information; nurturing of new service delivery options, innovation; simplification and standardization of the courts; dynamic, data-driven new lawyer support; a new model for continuing legal education and professional development; innovative changes to bar admissions; and practical strategies for persistent, value-driven change. 

SBM past presidents Bruce Courtade and Julie Fershtman co-chaired the task force. Three committees comprised of prominent Michigan attorneys, judges, academics, and public officials developed the work product. The three committees were Affordability of Legal Services: New Tools for Breaking through the Access Barrier; Building a 21st Century Practice: Developing and Maintaining Professional Excellence in a Dynamic Marketplace; and Modernizing the Regulatory Machinery: Building Resilience and Capacity in the Delivery of Legal Services. 

The 21st Century Practice Task Force work builds on the work of the State Bar of Michigan Judicial Crossroads Task Force. Michigan Supreme Court Chief Justice Robert P. Young Jr. has credited the 2011 Crossroads report with making valuable contributions to the transformational, cost-saving changes now underway in Michigan's court system at the direction of the Michigan Supreme Court. 

The foundation for the new task force was laid in November of 2014 at a Forum on the Future of Legal Services convened by the State Bar in Lansing. The forum was held in conjunction with the American Bar Association Commission on the Future of Legal Services. ABA President William Hubbard told those gathered at the forum that the justice system is at an inflection point, and he challenged the legal profession to develop a new model to meet the needs of the underserved while enhancing the opportunities for lawyers to thrive in their practices. 

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