SBM Blog

Now Showing At A Law School Near You: The Discipline Show

The State Bar of Michigan is pleased that its Professionalism in Action program, which brings distinguished lawyers from the community into law schools to talk to 1Ls about ethical problems in practice, has been embraced by all of Michigan's law schools. Here's an equally great idea: bring Michigan disciplinary proceedings into the law schools to show what the consequences can be when disciplinary rules aren't followed. That's exactly what happened last week at the Ann Arbor campus of Cooley Law School. Appearing before the school's students, the nine members of Michigan's Attorney Discipline Board heard appeals and found four attorneys guilty of professional misconduct.  Board members and the lawyers for the disciplined attorneys took questions from the students.

HT: Washtenaw County Legal News

James Madison College at Michigan State, Take A Bow

MSU's James Madison College is a residential college that prepares its students for law school, graduate study, decision-making roles in public and private enterprise, and careers in government, media, politics, social services, public administration, education, business and industry, and the foreign service. Its webpage declares, "There isn't an important issue in the world today that our students and alumni are not studying and working to solve." For the record, one of those issues is equal access to justice, and three dynamic James Madison-trained problem-solvers were in the spotlight last Thursday at the United States Supreme Court.  They accepted the ABA's prestigious Grassroots Advocacy Award for the work of their organizations, the State Bar of Michigan and the Texas Supreme Court. For the State Bar of Michigan, SBM President Julie Fershtman, who began her college career at James Madison, and SBM Director of Governmental Relations Elizabeth Lyon, '02, shared the honors.  Chief Justice Wallace Jefferson, '85, represented the Texas Supreme Court. And that's not the end of the story. Back home in Lansing, another James Madison grad, Greg Conyers, the State Bar's director of diversity and inclusion, plays an important role in State Bar public policy development.

What Did The State Bar of Michigan Do To Win National Grassroots Advocacy Award?

From the press release of the American Bar Association:

Last year, the State Bar of Michigan played an exemplary role in advancing access to justice by successfully advocating for adequate funding for LSC [Legal Services Corporation] during the congressional budget allocation for fiscal year 2012. The State Bar of Michigan advocated for LSC funding through an ongoing grassroots legislative advocacy campaign that included urging congressional members on the Joint Select Committee on Deficit Reduction to push for increased LSC funding.

The State Bar of Michigan worked to prevent a potentially devastating $104.2 million (25.7 percent) proposed cut to the LSC budget of $404.2 million in fiscal year 2010.   While the House of Representatives proposed funding LSC at $300 million, the Senate favored an allocation of $396 million.   Ultimately, funding was set at $348 million, thanks in large part to efforts such as the State Bar of Michigan’s.

“The State Bar of Michigan has been at the front, leading on a variety of issues, including the effort to preserve funding for legal services. Their immense contributions on behalf of Michigan lawyers have strengthened our system of justice,” said ABA President Wm. T. (Bill) Robinson III.

During the presentation of the award Thursday evening at the United States Supreme Court, ABA President Robinson also called attention to the nationally-recognized work of the Judicial Crossroads Task Force.

Other recipients of 2012 ABA Grassroots Advocacy Awards include George Cauthen, Nelson Mullins et al; L. Jonathan Ross, Primmer Piper Eggleston & Cramer PC; the Supreme Court of Texas; and Betty Balli Torres, Texas Access to Justice Foundation.

For another firsthand view, see State Bar President Julie Fershtman's account on her blog.

Photo: ABA Day Chair William Hubbard, SBM President-Elect Bruce Courtade, Past SBM President Reginald Turner, SBM President Julie Fershtman, Justice Sotomayor, SBM Director of Governmental Relations Elizabeth Lyon, and ABA President Robinson.

The Problem of the Self-Represented in Courts: Live-Blogging the State Bar's Summit

A day-long meeting of leaders in the Bar is exploring the dimensions of the problems concerning the growing phenomenon of the self-represented in Michigan courts, and examining a variety of proposed solutions.  This post will be updated throughout the day.

Keynote address by State Court Administrator Chad Schmucker: The current State Court Administrative Office (SCAO) self-help forms site gets 1200-1300 hits a day. It is "not very good," lacking even some of the most needed forms, but an improved version is coming in a few months. Courts are a finite resource and an inept response to the dealing with the self-represented in courts hurts everyone, including the practicing bar. A key initiative underway that will help is the introduction of performance measures in trial courts, using data to improve service for everyone, in order to promote "smart courts." Schmucker offers the Kent County circuit court website performance measures as an example of what's coming. He sees this as an impetus for "monumental improvement" of Michigan's courts.

Erika Davis, Co-Chair of Justice Initiatives, introduced Linda Rexer, Executive Director of the Michigan State Bar Foundation and Co-Chair of the Solutions on Self-Help Task Force reported that the Task Force has 90 people working on 20 workgroups, with key involvement by the State Court Administrative Office. One workgroup is piloting a self-help website, soon to be launched. The website is in response to the discovery that over the years 158 nonprofit, volunteer-driven or governmental self-help websites (not including commercial operations) have cropped up, with content that is often inappropriate or stale. Other workgroups are working on self-help centers, developing curricula for judges and training for librarians, and examining the need to adapt rules and policies and forms to meet the problem. Rexer emphasized that the bulk of the users of self-help resources cannot afford lawyers.

Angela Tripp, Michigan Poverty Law Center, described the process and protocols used for developing the content on the pilot website, "Michigan Law Help."  The development process has been aided greatly by assistance from the Illinois Legal AId program, whose online assistance component, which includes automated interviews, has proven to be very successful, averaging over 120,000 "hits" per month. (The program has become widely accepted as a useful resource in Illinois, including by the practicing bar.) Tripp takes the summit participants on a "tour" of the draft website, which includes links to lawyer referral services and other community resources.

Chris Hastings, chair of the Unauthorized Practice of Law committee, describes the development of a proposed definition of the practice of law (PDF), which will be presented to and considered by the State Bar's Representative Assembly this Saturday. The internet and Dressel v. Ameribank together have confused the legal landscape concerning the unauthorized practice of law,  heightening the need for a coherent, workable definition, while complicating the ability to achieve it. Hastings asserts the MIchigan has the weakest arsenal for fighting the unauthorized practice of law of all 50 states, based on the statute and case law.

Pro Bono Month: A Generous Profession, A Tireless Leader

Name another profession that makes provision of professional services to the poor a tenet of its formal code of ethics.  (Just saying.)  A Lawyer Helps is the State Bar's program for drawing attention to that value in Michigan.  If you need an up-to-the-minute example of how Michigan lawyers respond to our ethical obligation don't miss State Bar President Julie Fershtman's blog posts from yesterday.  Julie, a sought-after lawyer with a busy national practice, spent the day in Lansing meeting with the lawyers from across the state who are leading the Bar's justice initiatives programs, followed by a speech at Lansing's Pro Bono Fair showcasing opportunities for lawyers to provide pro bono services. A full day, no?  But Julie's day didn't end until she hit the "publish" button for her blog posts at 11:41 p.m.  Hat's off, Madam President.

Women Starting Their Own Law Firms -- The Inside Story

SBM Blog does not typically advertise ABA webinairs.  (The ABA does a very fine job on its own.)  But in this case -- The Road to Independence: Women's Journeys to Starting Their Own Law Firms -- we are pleased to point out that the faculty includes our very own Julie Fershtman, 77th President of the State Bar of Michigan.

Live Webinar & Teleconference Monday, October 24, 2011 Event Code: CET1RWJ Panelists will discuss why an increasing number of women are opting to create their own law firms and will share practical advice and lessons learned. This program is inspired by the recent release of the ABA Commission on Women’s publication The Road to Independence: 101 Women’s Journeys to Starting Their Own Law Firms, which recounts the experiences and insights of 101 women lawyers who have taken the courageous and difficult step of creating a law firm of their own, either as a solo or with others. This program will serve as a catalyst and inspiration for any woman lawyer contemplating the possibility of blazing her own trail to success and fulfillment. External Co-sponsors: National Association of Women Judges, National Association of Women Lawyers, Ms. JD, National Conference of Women’s Bar Associations, Hispanic National Bar Association, National Bar Association Women Lawyers Division, National Asian Pacific American Bar Association. COURSE LEVEL: APPROPRIATE FOR ALL LEVELS

Michigan Supreme Court: Status Quo for Referral Fee, Professional Conduct, Pro Bono Changes

After publishing for comment rule changes on referral fees, professional conduct, and pro bono -- and getting a virtual earful in response -- the Michigan Supreme Court has chosen to let the status quo stand. The referral fee proposal would have capped the amount a lawyer could receive as a referral fee at 25%; the proposal was broadly opposed, including by the State Bar.  The proposed changes to the Rules of Professional Conduct, generally incorporating text from rule commentary into the rules themselves, drew a wide range of critical comment, including from the State Bar.  The proposed changes to the MRPC pro bono rule were published in two forms, one as recommended by the Representative Assembly of the State Bar. The public hearing on the pro bono changes indicated a lack of consensus on substance, intent, and interpretation. The administrative files on all three matters have been closed.

Attorney Discipline Dues Reduced $10, Effective Next Year

In an order released October 6, the Michigan Supreme Court has reduced the discipline portion of attorney dues by $10, effective for the 2012 dues cycle.

Backwards and In High Heels

The staff of the State Bar seized the editorial helm of SBM Blog today to announce that Michigan Lawyers Weekly named me its 2011 Woman Lawyer of the Year.  They believed (correctly) that I would not be comfortable posting about the award.  But since they brought it up, I do have something to say on the subject.  First, the other women honored today are very impressive people and I was thrilled to be included among them.  I know firsthand that Michigan has many really remarkable women lawyers, including, just for example, several in attendance at today’s luncheon.  And, consequently, I know that I am very, very lucky to have been singled out today.

Second, Michigan Lawyers Weekly did a beautiful job of telling the stories of the honorees.  I don’t envy MLW the task they have set themselves of choosing twenty women each year from among all the accomplished women lawyers in the state. Had there been a Michigan Lawyers Weekly the year I was born, the challenge would have been very different -- which four of the 24 women lawyers in Michigan to exclude.

Which brings me to my third and not very original point:  how far women have come in the legal profession just in my lifetime, and how grateful I am to the women who have been pioneers in the law in Michigan, among them last year’s MLW Woman of the Year, Jean Ledwith King, and Florence Schoenherr-Warnez, the mother of 72^nd State Bar President Kim Cahill and Representative Assembly Vice-Chair Dana Warnez.  Thankfully, little by little, the most ridiculous and pointless barriers that have prevented women from full participation in the law have fallen, but not without the effort of some very determined women and some enlightened male supporters.  In accepting the award from MLW today I struggled to make the point that women’s accomplishments in the law deserve special recognition specifically because of these obstacles, and incorrectly gave Noel Coward credit for the witticism about Fred Astaire: "Sure he was great, but don't forget Ginger Rogers did everything he did backwards . . . and in high heels!"

But bias, of course, still haunts the legal profession, locking too many lawyers, female and male, into or out of specific practices or roles. I believe that those of us practicing today, especially those of us who are the beneficiaries of the pioneers who shattered stereotypes, have a special obligation to help bring down the remaining barriers.

Those points, plus one more, are the bones of the remarks I would have made had it actually occurred to me that I would be in the position to make remarks.  The remaining point is another obvious one – any individual honor is shorthand for honoring many, many others. In my case, the shorthand most clearly encompasses the wonderful staff of the State Bar, its extraordinary leaders, and the magical ensemble of gifted people who led and contributed to the Judicial Crossroads Task Force.  Backwards or forwards, in high heels or flats, it’s been a joyous dance, and the music plays on.

SBM Congratulates Executive Director Janet Welch, MIchigan Lawyers Weekly 2011 Woman of the Year

The State Bar of Michigan staff would like to wholeheartedly congratulate our Executive Director, Janet Welch, on winning Michigan Lawyers Weekly's 2011 Woman of the Year Award!

Welch was chosen as Woman of the Year out of a field of 20 Michigan Women in the Law honorees at a luncheon hosted by Michigan Lawyers Weekly this afternoon at Detroit Marriott in Troy.

Welch is pictured at left with her Woman of the Year award and current SBM President Julie Fershtman. She is pictured at right, hearing the news of her win, with her husband, Ben Hare.

Stay tuned to www.michbar.org for more information about the award. Video from the luncheon follows.(5:52)