Spotlight on Michigan Lawyers

Skipped Lunch, Scratched Desk, Fulfilled Life

It was close to noon and he was so hungry, he was ready to eat his desk. Jim was looking forward to having lunch with a couple of his law partners at their usual hangout. A burrito sounded good today. And he needed a break from all the documents he was reviewing from a discovery request on a complex litigation case he was going to be trying in a few weeks. 

Alas, the darn phone rang. He could see on the caller ID it was someone important from the domestic violence community, so he picked it up. 

“Do you have a few minutes?” the caller asked. “I have someone here who needs help.” 

“Of course,” Jim said, ignoring his growling stomach. “What’s up?” 

The caller proceeded to say her client had two children who had been taken by their father to another country three years ago. The client tried to get legal help, but had no money, so everyone told her there was nothing they could do for her. 

“Can you just meet her and listen to her story?” 

His stomach heard him say, “Send her over,” and growled again. He told his partners he would not be at lunch because he was meeting with a pro bono domestic relations client. They looked at him like he was from Mars and shrugged. 

A bus ride later, an incredibly talkative, energetic woman named Tracy appeared in his office with a 1970’s style, plastic-molded Samsonite briefcase. He invited her into his office. She was nervous and shaky as she took in the glamour of his surroundings, including the view over the Detroit River to Windsor. 

Tracy placed her briefcase on his new Mahogany desk and slid it across the surface, making a long scratch. He grimaced. 

But as her story unfolded, he forgot about his hungry stomach, the scratch and the documents he had reviewed that morning. From her briefcase she produced photographs of her bruised back, from when she had been beaten with a belt during her pregnancy, rejection letters from other lawyers saying they couldn’t help her and a judgment affording her specific parenting time with her children – parenting time she had not been able to exercise in three years because the children had been taken to another country. 

He listened silently for more than an hour. When she finally finished her story, he agreed to take her case pro bono. 

Several weeks later, as he drove back to the office from his complex litigation trial in another county, his cell phone rang. His paralegal told him the father from his pro bono case had been picked up at customs entering the country and was being held for parental kidnapping at the county jail. He detoured to the jail and asked as a condition of release that the children be returned to the United States. 

Within about one week, he found himself standing at the international arrival gate at Detroit Metropolitan Airport with Tracy, who was carrying a bouquet of balloons and stuffed animals. They waited with anticipation as passenger after passenger disembarked. Finally, when her children exited the gate, she jumped up and down and shouted for joy – the definition of elated. She hugged and squeezed them like she would never let them go. 

Jim took the children’s passports as the court had ordered him to do. 

Later, in his car, Jim smiled, laughed and then called his wife to tell her he wanted to take their kids to the zoo after school that day. 

He never had the scratch on his desk fixed – on purpose. 

There are hundreds of stories out there just like this one, waiting to happen. Need a little meaning in your life? Need to feel appreciated? Volunteer to take a pro bono case now, in celebration of Pro Bono Month! 

Here is the link to volunteer: http://www.michbar.org/programs/atj/probono_volunteer. If you practice a specific area of law, do not be dissuaded. You will get the help you need to do the necessary work. You will be glad you did, even if it means missing lunch. 

Lori is a shareholder at Nichols, Sacks, Slank, Sendelbach, Buiteweg, & Solomon, P.C.

'Bo's Lessons for Legal Work' - Like it, Favorite it, Retweet it!

The following article was originally published in the Washtenaw County Legal News on Thursday, Oct. 8, 2015. It is written by a non-lawyer about his frustration handling his own civil lawsuit, a frustration he overcame by retaining Dexter, Michigan lawyer Mariah Fink, who helped him carry his case over the goal line. 

The article makes the point that it is not as easy to represent yourself as you might think, but more importantly, that lawyers who work collaboratively with opposing counsel get the best results for their clients. 

I hope as we head into this big football weekend pitting arch-rivals UM against MSU that you enjoy Bo’s ‘lessons’ for legal work as much as I did. 

By Dave Askins

Legendary University of Michigan football coach Bo Schembechler was not a lawyer.

But I think Schembechler’s famous speech on the importance of teamwork extends naturally to a legal team: “No [attorney or client] is more important than The Team. The Team, The Team, The Team, and if we think that way, all of us...We're gonna win the [lawsuit] because we're gonna play as team.”

That insight came after I initiated a lawsuit as a Team of One—a non-lawyer, pro se plaintiff. I had just one page in my playbook: Quarterback runs the ball.

The final score of Askins v. Ann Arbor Downtown Development Authority was recorded recently in a circuit court order tallying four separate violations by the DDA of three different state statutes: Michigan’s Open Meetings Act (OMA), Michigan’s Freedom of Information Act, and the Downtown Development Authority Act. The fact pattern included a method of making decisions that violated the core requirement of the OMA —that decisions of a public body must be made at a meeting of that body that is open to the public.

But that final score was made possible only by a key addition to The Team late in the game: I handed the ball off to an actual attorney, Mariah Fink.

Here’s some play-by-play commentary on the DDA lawsuit from my vantage point on the field.

The case kicked off when I filed the initial papers in November 2014. The DDA’s first defensive play was an all-out blitz — a motion to dismiss all the claims. In my response papers, I was keen to provide adequate detail and argumentation, because I understood the consequence of failing to persuade the court at this stage: The game would be over before it began.

Under that kind of pressure, I chafed under the 20-page limit for response briefs. Frankly, any limit would have been constraining. To be clear, I do think it is reasonable for court rules to impose some kind of page limit. But in this instance, I had to spend some of my pages refuting DDA claims that I would have considered plain factual errors, if a reporter of mine had submitted them as part of an article that I was editing.

For example, from the DDA’s motion papers: “The Open Meetings Act provides no clear definition of such terms as ‘decision,’ ‘deliberation,’ or ‘public policy,’ …” But here’s the statutory text describing the word: “15.262 Definitions. Sec. 2. As used in this act: … (d) ‘Decision’ means a determination, action, vote, or disposition upon a motion, proposal, recommendation, resolution, order, ordinance, bill, or measure on which a vote by members of a public body is required and by which a public body effectuates or formulates public policy.”

In any event, I needed more than 20 pages. And just as calling timeout in a football game gives you some additional seconds if the play clock is winding down, the court rules provide a way get some additional pages, if you are out of space. It’s a play I imagine Legal News readers execute routinely—a Motion for Leave to File Additional Pages. But for me, it was not routine. I’ll gloss over a harrowing ordeal involving proper filing sequence for different sheets of paper. However, my thoughts on the DDA’s defense were ultimately submitted in 23 pages, properly blessed with a judge’s order granting leave to file those three extra pages.

The day before the January hearing on the motion to dismiss, the DDA filed a supplemental brief. I suppose that is the equivalent of altering the defensive alignment just before the snap, to try to confuse the quarterback. And as I understand the court rules, I could have insisted on an adjournment. But I did not, because the hard part was already done: I had re-learned how to knot a necktie. So at least I would not be appearing without a proper uniform.

After the hearing, we waited a bit more than two months. When the preliminary ruling came, it was clear that the all-out blitz by the DDA had failed. The DDA had let me scramble my way practically into the end zone. Instead of dismissing the claims, the court ruled clearly in my favor — on the DDA Act and the Freedom of Information Act issues. The court also found that the DDA had violated the Open Meetings Act, to the extent that it had failed to maintain meeting minutes.

But I felt I’d put the nose of the football past the goal line on the core issue of the OMA as well: The DDA Board had made decisions on its executive director’s salary with a method that violated the OMA. As in football, the legal system provides for a kind of appeals process internal to the game. My Motion for Reconsideration was denied, but my Motion for Leave to Amend was granted.

In the restarted game, a single issue remained: Whether the DDA violated the core requirement of the OMA. I sized it up as a first-and-goal situation. But the DDA invited me to punt, asking me to concur with its second Motion for Summary Disposition. I’m not some kind of football genius, but punting through the end zone from the 1-yard line seemed like a terrible play to call. Now, I was certainly tired — from running the ball myself on every play. But frankly, I wasn’t sure what play to call next.

So I called attorney Mariah Fink.

When Mariah agreed to lace up her cleats for my cause, she first did something that’s against the rules in football, but smiled upon in the legal system. She huddled with the other team to talk about the next play.

On the ensuing down, she took a direct snap, and ran untouched up the middle into the end zone, just the way it had been drawn up in the stipulated order. That ended the game and the lawsuit.

She did not spike the ball.

(The author is the former editor of The Ann Arbor Chronicle, an online publication that ceased operations in 2014, some six years and more than 10 million words after it began.)

Lori is a shareholder at Nichols, Sacks, Slank, Sendelbach, Buiteweg, & Solomon, P.C.

Ten Tips for Public Speaking

I was so excited to live my first full day as president of the State Bar of Michigan I woke up at 5:30 AM Friday October 10, 2015 and wrote this blog. The inaugural luncheon felt like the 4^th most significant milestone in my life, just behind getting married and having two children. What a fantastic day! 

I will be forever humbled by how many of my friends, family and colleagues came to the inaugural luncheon. Even more humbling were all the kind compliments after the luncheon about my remarks, especially those shared with me by Justice Bernstein, whom I had never had the pleasure of meeting before. He was so heartfelt and I will never forget his affirming, kind words. 

Since so many people said they enjoyed my speech, I thought I would give you the inside scoop on some of my tips for preparing it. Here goes:

 1.    Start Early. Jotting down ideas for content and quotes early and often will serve you well. I have been reading inspirational books and keeping a running Word document for the past 5 years with ideas for the inaugural address and President’s Columns.”

 2.    Emulate. Watch other well-received public speeches. I listened to the University of Michigan commencement speech delivered by Paul Saginaw and Ari Weinzweig, founders of Ann Arbor’s entrepreneurial success story, Zingerman’s, and watched the Steve Jobs commencement speech at Stanford on YouTube. Watching movies about inspirational leaders like Martin Luther King, Jr and Nelson Mandela is also a great way to catch the passion for public speaking.

 3.    Train yourself. Consider consulting with a public speaking specialist or media consultant for basic tips. Use your time wisely by coming to the meeting with specific questions and concerns to minimize cost.

 4.    Get Experience. Arguing in a courtroom is one forum for experience, but finding other opportunities is also helpful. For me, being a lector at my church was helpful because I received training about projection, eye contact, pauses, pace and inflection in your speech.

 5.    Compile Content. Listeners want to hear substance, but not excruciating or boring detail. They want to know specifically what is the purpose of your speech in sound bites. Be genuine, authentic and personal in the way you frame your content. Using humor is good, but unless you are an experienced stand-up comedian, tread lightly when trying to be funny.

 6.    Write. Decide on about 3 topics you wish to address. For example: Recognition of members of the audience; what your organization is working on; exhorting the audience to be engaged.

 7.    Edit. Allow yourself at least a month to repeatedly edit your draft. Keep your drafts as you may excise portions you later decide to keep.

 8.    Finalize and Print. Your final draft should be in 18 point font, using only the top 1/3 of the page (so your eyes don’t drop down too far); bullet-pointed with lots of white space, page numbered in the upper right corner, and stapled securely.

 9.    Rehearse. Read your speech aloud at least 3 times, preferably 6. You will tweak it so read the final, final draft to make sure your own tweaks don’t throw you for a loop. I find that rehearsing while jogging and driving are good ways to semi-memorize, which allows for more eye contact with the audience.

 10.    Details for the Day. If you’re short like me, make sure you can see over the podium! Take 5 minutes before you go on to sneak away to a private hallway or bathroom to breathe deeply and remind yourself this is not about you: it is about the people to whom you are speaking and that with God’s grace, you will say something meaningful to them. Put your friends close to the front, and hope they smile at you while you speak. Speak to the back of the room, from your core, not your throat. Relax and have fun! You’ve done your homework and you’ll do fine! 

Not one of these tips would have been helpful were it not for my passion for being a lawyer. When you love what you’re talking about, it’s not hard to talk about it to a large group of people. 

During the annual meeting, I reconnected with so many other lawyers who are just as passionate as I am about our profession. Thank you for joining us at the Annual Meeting. I hope you learned something, enjoyed yourselves and “sharpened the saw” as you head back into the daily grind of work. See you next year! 

Lori is a shareholder at Nichols, Sacks, Slank, Sendelbach, Buiteweg, & Solomon, P.C.

 

What Do Whitefish and Brains Have in Common?

No bears. No moose. Not even any deer. I had hoped to see at least one such large animal during “the State Bar UP Tour” from Sept. 27 to Oct. 1, 2015. But we did see turkeys, an eagle, and an incredible rainbow (a pretty good consolation prize the night of the Blood Moon, which was covered by clouds).

I was joined on the UP Tour by:

Fred Herrmann, vice chair of the Representative Assembly and cheerful Sherpa of my 47 pound suitcase. The Comfort Inns in the UP don’t have elevators because they freeze in the winter, so Fred’s help was greatly appreciated; Victoria Radke, intrepid District A commissioner, backup navigator and local lore tale spinner; Gregory Conyers, the State Bar’s director of diversity who explained to members (while unsuccessfully trying between stops to remotely take delivery of a dishwasher) how our unconscious biases can cause us to miss out on great opportunities; and Candace Crowley, assistant Executive Director of the State Bar, subordinate only to our Suburban’s satellite navigation system’s U-Turn commands and badly behaved rear hatch (lucky to still have my 47 pound suitcase).

At each of our six widespread locations, I delivered a “State of the Bar address” and listened to what UP lawyers described as their biggest challenge. You may be surprised that it is not snow – they scoff at snow. All you have to know is this: When buying a house in the UP, do not worry about where the Christmas tree will go. Worry about where you will pile up the snow. Seriously – that’s what I was told.

UP lawyers are struggling with the demographics of their lawyer population: many experienced lawyers are retired or retiring and few young lawyers are there to repopulate the profession. Why not? No question the UP is God’s Country! It’s gorgeous up there! Every mile boasts beautiful vistas of the great lakes and acres of virgin land with waterfalls, streams, lakes and rivers running through it. (According to Radke, there are bears, moose and deer as well, we just didn’t see any). We didn’t even catch the color show and I would still describe the UP as nothing short of stunning. I did meet a few young lawyers, so I asked them why they chose to practice in the UP. To a person, they all said, “To be with our families who live up here.” All the lawyers I met were hard-working, sincere, gracious, humble and smart. Many were fascinating – in particular one lawyer from Escanaba who has seen more plays than Michigan has scored points in football this season.

Are you sick of the rat race? Maybe the UP is for you!  You would have your choice of architecturally striking historic courthouses in which to practice. (We visited as many as we could in order to leave Michigan Legal Help business cards and fliers). For example, if you practice in Crystal Falls, you may get to try a case in a huge courtroom with restored tangerine trim, intricate stenciling, and a giant bell tower overlooking the entire town and beyond. It was there that Judge Schwedler reminisced with us about his mentor, Oswald Casanova. Candace took a fancy to the unique name and researched him. Casanova received the Civic Recognition Award, which recognizes people in Crystal Falls and across Michigan who live their lives around the ten values that enhance the wellbeing of individuals, families and communities: compassion, courage, forgiveness, generosity, humility, inclusiveness, integrity, kindness, respect and service.

We also visited the Dickinson County Courthouse, which housed the last weight-and-pulley tower clock in the State of Michigan – it was converted to an electrical operation in the 1950’s. But perhaps the most interesting courthouse of all was in Chippewa County. While the structure itself was stately and awesome, the placard in the front yard of the courthouse is what caught our eye. And here is what it said:

“The Crane of the Sault”, Dedicated June 8, 1985, Gift of Stella B. Osborn, in Memory of Chase S. Osborn. This statue* depicts the Chippewa Legend of two young brothers who flee their wicked mother who is pursuing them with the intent to kill them. When they reach the north shore of the St. Mary’s Rapids [where the Soo locks are now located], they are met by a crane, who after hearing their story, carries them to the south shore of the Rapids. The crane then meets the mother on the north shore and agrees to transport her to the other side. Instead, the crane drops the mother in the Rapids. As she hits the stones below, the mother’s skull is cracked open and her brains become the white fish that inhabit the Rapids to this day. The crane adopts the boys and one of them remains in the area, marries the daughter of the crane and founds Bawating [the Rapids].

None of us selected whitefish at any meal for several days. But the point of the story is not to “gross you out.” Rather, it is to remind you that the Sault area is built on an ancient city with a rich and wonderful history and legendary. When I was out running one morning, just 2 blocks from our hotel,  I came upon the ancient Anishinaabek Burial Ground on a hill surrounded by a high fence and an ornate, padlocked gate with an upside crane at the top of its frame. According to oral history, Gchi-Manito (Creator) sent a bird to make its abode on the earth. This bird was a crane that circled the land and saw the abundance of whitefish. After coming to rest on a hill overlooking the Rapids, he called to the Anishinaabek with his far-sounding cry and soon a large village was congregated and the Crane became the Chief to the people. For as long as the Anishinaabek can remember, the hill has been used a sacred burial ground. Each year the Anishinaabeck come together to honor all those who passed to the Spirit world. Traditional burial markers bore the person’s clan symbol, but upside down, to signify they had passed to the spirit world – hence the upside down crane atop the gate.

In November, I will have the good fortune, distinct honor and privilege of attending the Michigan State Tribal Court Forum. I am so glad I was able to read about and see a few of the ancient communities during the UP Tour before the Forum. I met a tribal judge and a tribal prosecutor and hope to see them again soon. Meanwhile, thank you to all the UP lawyers as well as Ralph Cagel, President of the Wisconsin Bar Association and his staff, who met with us and made us feel incredibly welcome. I hope you enjoyed your time with us as much as we enjoyed our time with you!   

*For once, that’s not a typo! 

Lori is a shareholder at Nichols, Sacks, Slank, Sendelbach, Buiteweg, & Solomon, P.C.