In this Issue
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| FEATURES
EVENT HIGHLIGHTS:
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President's Message
By Francis R. Ortiz
You don't practice law for more than 35 years without occasionally wondering whether you made the right career choice. For me, those thoughts quickly pass. My message is that, as discussed below, a life in the law should be a good one. For me, it has been so far. I am eternally grateful for having the opportunity to practice law for so long.
These days we are bombarded with lists, particularly as the year end approaches. There are legal lists, Super Lawyers, Best Lawyer in America, etc. and countless other rankings of films, athletes, authors, musicians and other forms of entertainment.
My cyclically renewed enthusiasm for the law practice prompts me to use this forum for a list of my own. Well, not entirely my own, to be honest.
I recently read an article identifying the "Top 20 Reasons When There is No Better Profession Than Practicing Law." It was penned by a legal recruiter and I was naturally skeptical. Twenty reasons is a bit of a stretch in my opinion. Some of the reasons offered by Harrison Barnes either duplicate or overlap with some of the others, and several of them only apply to a select subset of attorneys.
Since my career (in law) has roughly coincided with that (in laughter) of now retired late night talk show host David Letterman, who popularized his own regular top ten list, I would like to offer, without his accompanying sarcasm or humor, the top twenty reasons mentioned above, but halved, from 10 to 1, with my comments, as follows:
10. Most attorneys earn much more money than they would otherwise earn. Great variation here and thus why it merits last on the list.
9. Attorneys command the respect of society (mostly). Still very accurate even as we gradually exit the lawyer joke trough of vocal disrespect and reported unpopularity.
8. Attorneys have the opportunity to work with important clients and interesting people. "Important" and "interesting" are not socioeconomic descriptions.
7. Attorneys can specialize and do the sort of work they are interested in. Monetary and market considerations factor in here, but most lawyers do what they want to do.
6. Attorneys have the ability to work most of their lives. Ability without necessity is the ideal.
5. Attorneys have the choice to bring flexibility to their careers. Lawyers are increasingly untethered to time and place when practicing, successfully and often unconventionally.
4. Attorneys have many transferable skills. Number 3, for one.
3. Attorneys are cerebral and analytical and can solve problems. And, witty, not to mention talented individuals, as musicians, entertainers, athletes, authors, and nearly everything else.
2. Attorneys have the ability to make profound changes in society. The engines of social change are the Courts, deciding cases presented and argued by attorneys.
1. Attorneys get to work with smart people. Ding. Ding. Ding.
The order of these reasons is not as important as their content, and each of you may rank them differently. They can be summarized in two words that best describe the principal benefits of being a lawyer-opportunity and independence. I believe that being a DMBA Member can help you maximize both and experience all or most of the ten reasons on this list, but most especially numbers one and three - interacting with smart and amazing people. I look forward with you to a prosperous 2016 for the DMBA and its members.
Best wishes for the Holidays.
Francis R. Ortiz is President of the DMBA Board of Directors and
Member and Practice Department Manager: Appellate, Healthcare, Insurance and Regulatory & Administrative at Dickenson Wright
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Member Profile: New Executive Director
The Detroit Metropolitan Bar Association welcomes Darlene Trudell as Executive Director of the organization. She replaces outgoing Executive Director Mitzy Sharp Futro, who left the organization after six years at the helm.
"We are excited to welcome Darlene Trudell as the DMBA's new Executive Director," says Frank Ortiz, President of the Detroit Metropolitan Bar Association. "She brings over 25 years of experience in association and nonprofit management to DMBA and I look forward to working with her to fulfill the DMBA's mission.
Ms. Trudell recently served as a facilitator on behalf of the UAW-GM Center for Human Resources dealing with the critical issue of student literacy and growing our future workforce in Michigan. She also served as Executive Vice President for The Engineering Society of Detroit. Through her company, Trudell Leadership Consultants, LLC, she helped clients grow their organizations and ensure their sustainability through innovative nonprofit management, board governance, strategic planning, membership engagement, and public relations.
Ms. Trudell is a Board Member of the City of Southfield Zoning Board of Appeals and the Skyline Club; she is Past Chairwoman of the Michigan Society of Association Executives; and a member of the American Society of Association Executives, Michigan Society of Association Executives, Project Management Institute, and the Michigan Society of Planning Officials. She also served as Executive Director for the Building Owners and Managers Association of Metropolitan Detroit and Vice President of Corporate Relations for the American Academy of Medical Administrators. Ms. Trudell was awarded the Michigan Society of Association Executives Gavel Award for helping to develop their Diamond Awards Program and received the MSAE Key Award for outstanding Board service.
Ms. Trudell received her B.S. from Wayne State University and her M.S.A. from Central Michigan University. She is a Certified Association Executive through the American Society of Association Executives.
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New Board Members
Congratulations to DMBA's three new members who joined the DMBA Board of Directors. Wayne County Circuit Court Judge Edward Ewell, Attorney Jenice Mitchell Ford of Clark Hill in Detroit, and Attorney Joanne Geha Swanson of Kerr Russell in Detroit ha
ve joined the Board of Directors for the 2015-2016 term.
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DMBA Foundation Update
On November 19h, the DMBA Foundation brought together attorneys, judges, and other members of the legal community to honor Chief
Judge Gerald E. Rosen and
Judge Steven W. Rhodes of the US District Court for Eastern Michigan with the Dennis W. Archer Public Service Award. The award recognizes outstanding members of the legal profession who have established a career dedicated to the betterment of both our profession and our community.
Held at the Detroit Institute of Arts, this gala evening was attended by over 300 supporters of the honorees and the charitable work of the Foundation . Included in the festivities were representatives from the largest sponsoring organizations for the event: Computing Source, General Motors, Ford, Bodman, Miller Canfield, Conway MacKenzie and Dickinson Wright along with 56 additional sponsors and donors.
Leo A. N
ouhan, a Foundation Trustee and chair of the event Committee shared an inspiring presentation on the careers and legacy of the judges. Much of the program focused on the incredible contribution made by these accomplished jurists during the Detroit bankruptcy with special emphasis on the resurgence of Detroit
and the bright future that seems to be unfolding for the city. This was highlighted by a presentation of the documentary trailer for "Gotta Keep Dreamin," the Michael Bolton film about the renaissance of Detroit in the 21st century. Following an introduction by former Detroit Mayor Dennis W. Archer, the honorees reflected on the importance of the talent, dedication, optimism and cooperation that led to the "Grand Ba
rgain" and allowed the city to emerge from the unprecedented experience of the bankruptcy with a viable plan of action and a way forward. They each emphasized the crucial role that the legal profession played in the creation of the plan and will play in its ability to succeed over the long term.
The evening also marked the introduction of the 2015 Class of DMBA Foundation Fellows, a group of leaders and luminaries from Detroit's legal community who embody a commitment to public service, justice and equality. Congratulations to this year's Class of Fellows:
- Denise J. Lewis, Supporting Fellow
- Jason W. Bank
- Daniel J. Bretz
- Robert J. Colombo, Jr.
- Erika L. Davis
- Arthur Dudley II
- Ebony L. Duff
- David F. Dumouchel
- Deborah L. Fish
- Jonathan S. Green
- Cynthia J. Haffey
- Kathleen O. Hickey
- Timothy H. Howlett
- Felicia O. Johnson
- Michael J. LaVoie
- Patricia Nemeth
- Joseph J. Shannon
- Larry R. Shulman
- James D. VandeWyngearde
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Judges Corner:
Honorable Edward Ewell, Jr.
Docket: General Civil
Hours:
8:30 am to 12:00 pm 2:00 pm to 4:30 pm
Contact Information:
2 Woodward Avenue Room 1011
Detroit, MI 48226
(313)
224-5195
Staff:
Courtroom Clerk, Julia Sawyer; Secretary, Joanne Gaskin; Court Reporter, Video; Deputy, Craig Cooper
PROCEDURES:
Status Conference:
Counsel appearance is not required; Plaintiff's counsel is responsible for serving Defendant. If it is necessary to attend a status conference in person, you will be notified by the court. A motion is needed for any scheduling order adjournment. Adjournment of case evaluation is by motion.
Settlement Conference Procedure:
Settlement conferences are scheduled 42 days after case evaluation on: Monday, Tuesday, and Thursday: 9:00 am Wednesday: 10:30 am. All parties must attend; this includes attorneys of record, clients and the adjusters. Permission must be obtained for out-of-town adjusters to appear by phone. Parties with the authority to settle must be present. Adjournment of settlement conference must be arranged with the clerk and is done on a case-by-case basis.
Motion for Summary Disposition Procedure:
Summary Disposition motions are filed and heard after discovery but before case evaluation. The judge hard copy must be filed with the court two (2) weeks before the hearing. Response must be filed seven (7) days before the hearing and reply brief within five (5) days. Briefs are to be no more than 20 pages. The motions are heard on Friday at 10:00 a.m. Contact the court for the next available date and file motion and e-praecipe accordingly. Adjournments must be made in consultation with the clerk. A new notice-of-hearing must be e- filed, as well as an adjournment e-praecipe. Motions, Responses, and Replies must be e-filed.
Motions:
Friday at 8:30 a.m. (including driver license restoration). Response (including a hard copy to the judge) is due three (3) days prior to the hearing. Only the moving party can adjourn or dismiss through the clerk, and obtain a new date. An adjournment praecipe and new notice of hearing is required. The judge requests a hard copy of the motion and it must not be more than 20 pages; however clearly labeled exhibits are unlimited. The hard copy of the motion is due three (3) days before the hearing.
Final Pre-Trial Conference
: Required. Court provides a form for completion. Adjournment of Final Pre-Trial Conference and Trial must be made by motion. Contact the court for the next available motion date. A Joint Final Pre-Trial order must be e-filed seven (7) days prior to trial but only with court approval. The judge hard copy must be submitted three (3) days prior to the final pre-trial.
Trial:
Voir Dire
- conducted by judges and attorneys.
Proposed Jury Instructions -
In a jury trial, no written request for jury instruction has to be filed if a party is relying on all standard jury instructions. However, if the jury instructions are not standard, then, on the first day of the trial, parties must submit request for special jury instruction and a jury verdict form.
Motions in Limine
- (when heard) As specified by the judge.
Exhibits - The parties
maintain during the appeal period.
Additions Requirements -
Verdict form should be stipulated to by the parties prior to closing arguments. Jury trials are scheduled Monday - Wednesday at 8:30 a.m. Non-Jury trials are scheduled Thursday at 8:30 a.m.
Appeal:
Oral arguments
- Wednesday and Thursday at 1:30 p.m.
Adjournment policy -
Only upon court approval.
Additional requirements -
Request for extension of the briefing schedule are determined on case-by-case basis.
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Event Highlights: Night Out with the Bench and Bar
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| Trish Schabath, Cathy Edwards, Fred Herrmann, and Joanne Geha Swanson |
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| Steve McGraw and Bruce VandeVusse |
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| Candace Crowley and Fred Herrmann |
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| A large crowd at the networking event |
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Event Highlights: Jingle Mingle
The Fountain Bistro at Campus Martius hosted the DMBA's holiday celebration, known as the Jingle Mingle, on December 2. With 80 attendees, the gathering of lawyers and judges flowed onto the Bistro's heated patio area overlooking the sparkling array of lights that adorn Campus Martius and the ice rink. Feasting on a fresh taco bar (with a side of dessert), attendees enjoyed great company and lively conversation.
The event was sponsored by Clark Hill, Bodman, Butzel Long, Dalton & Tomich, Dickinson Wright, DTE Energy,
Dykema, Foley & Lardner, Honigman, Kerr Russell, and Litigation Services LLC.
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| Campus Martius from the Fountain Bistro |
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| Judge Talon and Judge Colombo talk at the holiday event |
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| Jeffrey Feikens, Elizabeth Joliffe, and Francis Ortiz |
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Admissions Ceremony
By Kim Yourchock
On Friday, November 13, 2015, the DMBA welcomed nearly 50 new attorneys to the Michigan bar via a mass swearing-in ceremony held at the Coleman A. Young Municipal Center. Ten judges, representing the general civil, criminal, family, probate, and juvenile divisions of the Wayne County Circuit Court, participated in the ceremony. Also in attendance were hundreds of proud family members, colleagues and friends.
The packed house was greeted with kind, welcoming words by Chief Judge Robert Colombo and DMBA President Frank Ortiz. Then, in a live court session, Circuit Court Judge Patricia Fresard entertained personalized motions from current bar members who sought the admission of their friends, students, and family members, and DMBA Barristers President Paul Mersino moved for the admission of all of the potential new colleagues in attendance.
Before swearing in the new Michigan lawyers, Judge Fresard gave the prospective members the opportunity to introduce themselves and share a few insights about their prospective careers and paths to Michigan bar membership.
The group disclosed journeys to Michigan bar membership that were as diverse as the group itself, including new law school graduates and experienced practitioners expanding their practices, local Detroiters staying close to home, Michiganders returning home, and international students who now call Michigan home. The destinations of these new bar members were equally diverse, from new prosecutors to big firm associates to careers outside the practice of law altogether.
In all, the ceremony was an illustration of the bright future of the Michigan legal community, especially in and around the City of Detroit. All of the new Michigan attorneys should be commended for their achievement and we hope that they all join the DMBA so they can meet the great membership and invest in the bar of which they are all now members. I hope that you all join me in welcoming the new Michigan bar members and congratulating them on their admission to the Michigan bar.
Kim Yourchock is DMBA Barristers Section Vice President and a Labor and Employment Law Partner at Honigman
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Message from the Barristers
By Paul M. Mersino
I would like to take this opportunity, as the President of the Detroit Metropolitan Bar Association-Barrister's Section, to introduce everyone to the Barristers. The Barristers are the "young attorneys" section of the DMBA (though some of us have been known to stretch the boundaries of that term). Technically, all members of the DMBA who have been licensed to practice in Michigan for ten years or less are automatically members of the Barristers Section. As an added bonus, membership to the DMBA is free to all attorneys in their first year following admission to the Michigan bar.
The Barristers are the unofficial community outreach and service arm of the DMBA. The Barristers are very active in community service. They host an annual sock drive for a local homeless shelter and donate time and effort to feeding members of the community in cooperation with Gleaners. The Barristers also provide student mentoring, which benefits law school, high school, and elementary school students, and coordinate with the Wayne County Circuit Court to host an annual "Law Day" presentation, which educates students and the public alike on the practice of law. The Barristers also host several social and networking outings throughout the year, including the annual "Pins 'n' Pinstripe" bowling event, several "Bar Reviews" throughout the year at local establishments, which blend educational sessions about the pragmatics of the legal practice with happy hour, and the annual Summer Breeze, an event designed to welcome and provide networking opportunities for the summer associates and clerks interning in Detroit.
The Barristers are made up of first year attorneys, junior partners, and beginning shareholders. Barristers members are engaged in private practice, work for the government, serve as in-house counsel, and even work outside the traditional practice of law. Barristers are solo practitioners, members of large firms, and everyone in between. The Barristers are a very diverse group, all having a number of core characteristics in common: a passion for the law, a love of the Detroit-Metro area, and a desire to improve their individual practices while having fun and networking with an even greater group of attorneys throughout the Metro area.
I would like to also take this opportunity to invite any members of the DMBA who have practiced in Michigan for fewer than ten years to get involved with and actively participate in the DMBA-Barristers Section. The DMBA-Barristers is a great way to meet other attorneys and judges, to gain leadership and executive positions within a large organization, and to give back to the community. It is also a great way to learn more about your profession, to gain the advice of the "pros," and to expand your career and network.
Be on the lookout in the coming months for our community service, mentoring, and social/networking events. We are always seeking new members as well as candidates to join the Board of Directors of the DMBA-Barristers. And, as always, we are always looking for more people to expand our network and with whom to grow as attorneys. We look forward to seeing you at our future events soon.
Paul M. Mersino is the DMBA Barristers Section President and is a Shareholder of Butzel Long, P.C., where he practices in Complex Commercial Litigation.
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Inn of Court Update
By Katherine F. Cser
The 2015-2016 Inn of Court, sponsored by the Detroit Metropolitan Bar Association (DMBA), had its kickoff event at the home of Michigan Court of Appeals Judge Kirsten Frank Kelly on November 17, 2015. The Inn of Court, based on the English model of legal apprenticeship, is comprised of attorneys, judges and law students with a wide range of experience and practice backgrounds. The DMBA, which was established as a forum for lawyers and judges to improve the bar, established its Inn of Court program to further advance this goal.
The objective of the Inn of Court is to promote strong relationships between judges and attorneys in different firms and practice areas by organizing the Inn into teams charged with facilitating monthly discussions on various topics. Each team includes a member of the bench, along with "Masters" with over 20 years of experience, "Barristers," with at least six years of experience, "Associates" with less experience, and "Law Clerks," who are typically law students.
Members of the Inn are chosen based on their experience level and ability to contribute to the diversity of the Inn's membership. This year, the Inn of Court will meet to discuss the following subjects: Damages, Settlement Conferences, Experts, Difficult Conversations and Depositions. The first program will be held on Tuesday, January 19th at Dickinson Wright's Detroit office.
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Career Corner
By Kathy Fox
The New Year is an ideal time for new beginnings. As an organization, the Detroit Metropolitan Bar Association strives to be responsive to the Detroit legal community. As such, we are often asked as a group and individually about career questions as the bar association is an obvious source of information and networking contacts.
Some questions that many attorneys in Detroit frequently ask include:
- What does the legal market really look like, especially in Detroit?
- How do I transition from one practice area to another?
- How do I find a mentor, both inside my office and outside?
- What is the difference between a mentor and a sponsor?
- How do I develop a portable book of business?
- How do I make a lateral move to another law office?
- What is the best way to network with other attorneys?
- If I start my own practice, how do I find clients?
- How do I make a career change after ten years at the same law office?
In response to these common questions, and many others, the DMBA is adding this new column to the Bar News addressing career questions and market issues. We invite you to send your career questions or ideas on career articles that would be of interest to you and the Detroit legal community to Kathy Fox, DMBA Board Member and Detroit legal market expert at [email protected].
We hope that this begins to open the door to possibilities and helps pinpoint
areas of growth for both
individual attorneys and the Detroit legal community as a whole.
Happy New Year and enjoy all the possibilities of the holiday season.
Kathy Fox is a DMBA Board Member and Director of Employer Development, Wayne State University Law School, Career Services
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Legal Assistance for Veterans: What Can a Lawyer Do?
By Margaret Costello
Many military veterans face legal challenges-civil and
criminal. However, the U.S. Department of Veterans Affairs
(VA) does not provide or pay for legal services for
veterans.
Reprinted with permission from the February 2015 issue of the Michigan Bar Journal.
Margaret Costello is a clinical associate
professor at the University of Detroit Mercy School
of Law
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Blast from the Past
by Donn Fresard
As can be seen, President Feikens' account of his injury suffered at a convention in Hawaii was viewed with some skepticism.
At this time, the Penobscot facilities being explored were 17,000 square feet, and the Bar had just agreed to allow the then new Court of Appeals to use their library.
MINUTES OF MEETING OF BOARD OF DIRECTORS OF THE DETROIT BAR ASSOCIATION HELD ON TUESDAY, AUGUST 22, 1967 AT THE BAR LIBRARY PURSUANT TO NOTICE.
PRESENT: President Feikens, Directors Frohlich, Lungershausen Reese, Roumell, Van Dusen, Gilbride, Eagan and Schureman
ABSENT : Directors Katcher, Sexton and Cooney ALSO
PRESENT : Past President Thomas L. Munson and
Public Relations Counsel James Maunders
The meeting was called to order by President Feikens at 4:30 P.M.
The minutes of the meeting of July 18th, 1967 were approved. as submitted. and. the report of Treasurer Frohlich was approved.
Mr. Lungershausen reported on progress with the Penobscot Building in connection with the Penobscot Club space which is under consideration as the offices of the library and. association. He reported. that preliminary sketches of the area had. been submitted. to him and. that further studies were underway.
President Feikens then gave a totally unbelievable explanation of the circumstances leading up to the fracture of his right wrist and left arm during his attendance at the American Bar Association convention in Hawaii. His explanation was unanimously rejected by the Board of Directors but sympathies were extended to our President.
Past President Munson reported on his activities as the Detroit Bar Association representative to the American Bar Association House of Delegates and particularly upon President Feikens' remarks to the convention concerning the participation of Detroit lawyers
in the recent Detroit riots.
Mr. William Brossard of the legal department of the Bank of the Commonwealth appeared before the Board of Directors for the purpose of presenting the plan of the Bank of the Commonwealth for the financing of legal services which has been under consideration by the Board of Directors for a number of months. Mr. Brossard then answered questions from the individual members of the Board and it was then moved by Mr. Gilbride and supported by Mr. Roumell that the Board of Directors adopt the plan of the Bank of the Commonwealth for the financing of legal services and enter into the Memorandum of Agreement relating thereto with the Bank; that certain details of the agreement required further study and negotiation and would be presented to the Board of Directors at the next regular meeting.
The meeting adjourned at 6:00 P.M. and the next meeting was scheduled for 4:30 P.M. on Tuesday, September 12, 1967.
Respectfully submitted,
Jeptha w. Schureman,
Secretary.
Donn Fresard is Chief of Staff, Wayne County Prosecutor's Office
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New Member Benefit: Skyline Club in Southfield
The Skyline Club, located in the center of Southfield at the top of the 2000 Town Center, is a private club where you can entertain your business clients, friends and family.
We are kicking off our DMBA/Skyline Club partnership with a Holiday Membership offer.
Detroit Metropolitan Bar Association members are invited to join Skyline with a $125 Initiation Fee through December 22nd.
You will also receive a $125 Food Credit to use toward future dining at the Club. Once enrolled, you will receive a certificate that can be used toward 20% off food charges with the first event or meeting you book in 2016. To take advantage of this great member benefit, contact Richelle Tragge, Membership Director, 248 350-9898, ext. 311, or
[email protected].
Please identify yourself as a DMBA member.
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Thank You to Our 2015 Sponsors!
Our networking, educational and public service opportunities are made possible by the commitment and support of our sponsoring firms and organizations.
PREMIERE SPONSORS
Clark Hill
Dickinson Wright
SUSTAINING SPONSOR
Dykema
SUSTAINING SPONSOR
Bodman
Butzel Long
DTE Energy
Honigman
Kerr Russell
ANNUAL SPONSORS
Foster Swift Collins & Smith
FRIENDS OF THE DMBA
Dalton & Tomich
Litigation Services LLC
Sponsoring organizations receive tickets to our signature events and are recognized throughout the year for their support.
Is your firm ready to demonstrate its commitment to excellence by joining our 2016 sponsors? Contact
Darlene Trudell for more information.
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