The State Bar of Michigan will never contact you to ask for gift cards. If you receive such an email, you should not reply. We are working with law enforcement to stop this scam.
Here are some tips from the Federal Trade Commission for recognizing scam emails and more information about scams involving gift cards.
All survey responses are confidential. The information collected will be used to help improve the practice of law in Michigan and enhance the resources available to lawyers working to stay safe and maintain their practice throughout the pandemic.
Roberts P. Hudson Award: Barry L. Howard
Frank J. Kelley Distinguished Public Service Award: Ronald J. Frantz and Anita L. Hitchcock
Champion of Justice Award: Thomas P. Boyd, Hon. Susan L. Dobrich, and James H. Fisher
John W. Reed Michigan Lawyer Legacy Award: Prof. Paul D. Reingold
John W. Cummiskey Pro Bono Award: Heidi A. Naasko
Kimberly M. Cahill Bar Leadership Award: ATJ Mid-Northern Michigan Expungement Project
Liberty Bell Award: Timothy Skubick
Michael Franck Award: William C. Buhl
Unsung Hero Award: Clark A. Andrews
More information about each award recipient will be released at a later date.
According to a press release from the Court, the order “focuses on making sure that the health of all participants is protected, cases are filed and disposed of in a reasonable period of time, and defendants are made aware of their right to legal counsel and of the availability of resources to help pay rent.”
Chief Justice Bridget M. McCormack said in the release that the Court is “pioneering a new approach for processing cases that protects public health and helps courts be more efficient while being more responsive to the needs of the public,” adding that, “[g]etting this process right is a win-win scenario for the community and for courts.”
To address the expected deluge of cases, the order prioritizes cases based on the length of time rent has not been paid, urges continued remote proceedings, highlights Community Dispute Resolution Program offices, and expands use of conditional dismissals.
According to the Court’s release, key highlights of the order include:
Flood victims facing legal issues who are unable to afford a lawyer may call 1 (866) 418-8315 between 9:00 a.m. and 5:00 p.m., Monday through Thursday, and 9:00 a.m. and 1:00 p.m. on Friday, to request assistance. When connected to the hotline, callers should identify that they are seeking disaster-related legal assistance, brief details of the assistance needed, and in which county they are located. Individuals who qualify for assistance will be matched with Michigan lawyers who have volunteered to provide free legal assistance. Legal consultations will be scheduled for a mutually agreeable time following the initial call-in and matching process.
The type of legal assistance available includes:
Victims should be aware that there are limitations on disaster legal services. For example, assistance is not available for cases that will produce a fee (e.g., those cases where attorneys are paid part of the settlement by a court). Such cases are referred to a local lawyer referral service.
Currently, disaster relief services are available to flood victims in Midland, Arenac, Iosco, Saginaw, and Gladwin Counties. For all other flood victims, contact the State Bar of Michigan lawyer referral service at 1 (800) 968-0738.
“As Michigan continues to reopen, our courts are also working to reopen their buildings safely by taking a consistent, phased approach that reflects local conditions,” Chief Justice Bridget M. McCormack said in a news release. “In response to the pandemic, Michigan’s judiciary has been leading the nation in opening the virtual doors of justice to everyone. By posting reopening plans online, we can now make sure that all residents know when court buildings will be open and for what purpose.”
It is time to vote in the 2020 State Bar of Michigan election. This year, elections are being held for positions on the Judicial Tenure Commission, the Board of Commissioners in Districts H and I, and the Representative Assembly in Circuits 6, 7, 16, 22, and 40. Unless your address on file is in one of the districts or circuits where there is a contested race, you will only receive a ballot for the Judicial Tenure Commission race.All active Michigan attorneys with an email address on file with the State Bar may vote securely online. Beginning on May 22, members will receive an email message informing them it is time to vote. Included in the message will be an embedded link taking the recipient directly to the voting site and a ballot containing only the races for which the lawyer is entitled to vote.
The email will come from [email protected] with the subject line "Vote Now in the 2020 State Bar of Michigan Election—E-Ballot enclosed" and not from the State Bar. If you have not received your electronic ballot, please check your SPAM filter.
Voting will end at 11:59 p.m. ET on Monday, June 15, 2020.
If you have questions, contact Marge Bossenbery at [email protected] or (517) 346-6327, Carrie Sharlow at [email protected] or (517) 346-6317, or contact Election Services Co. at [email protected].
If you need more help, please call our Practice Management Resource Center Helpline at (800) 341-9715 or email [email protected].
Here is a checklist of things you might find helpful to think about following a flood:
1. Within the first 24 hours following a disaster, or when safe, an initial damage assessment should be made. This is a cursory review of damage caused by an emergency or disaster to get a quick financial estimate of damage to report to your insurance company, and if a community-wide disaster, to your local government emergency coordinator. Your damage assessment checklist should include such items as:
2. Recovering water-damaged documents successfully requires drying the documents as quickly as possible. Restoration experts caution that in any weather, mold will appear within 48 hours in unventilated areas.
3. Contact the proper authorities and emergency resources and support such as:
4. Videotape or photograph all damage. Include a yardstick or ruler in the image as a frame of reference.
5. After the initial 24 hours following a disaster, you'll need to look at recovery and salvage processes that will need to be taken. This is when you will prepare a comprehensive damage assessment. Coordinate with your insurance claims adjuster. Do not overlook tracking expenses incurred during the recovery and response process such as:
6. During the response phase, be prepared to implement any necessary contingency arrangements.
7. To ensure the financial health of your firm, give priority to collecting outstanding accounts receivable.
8. Get immediate professional assistance to help in the recovery and repair of your computer system. Your top priority is the data, not the equipment itself. A reputable repair shop can clean and test the system. More likely than not, the data stored on the drive can be recovered.
9. Contact your insurance agent, who can refer you to a professional service for help with repairing, sterilizing, and drying the areas where records are to be stored—such as shelving, cabinets, and desks. Carpet, carpet padding, or liners must be dried and treated for mold and mildew or replaced. Investigate tile or other flooring for similar damage. Continue inspecting damaged areas for mold, mildew, and other damage for at least one year.
10. Keep an inventory of anything that must be destroyed or removed from the premises for drying by a commercial service. For client documents, track:
11. Rebuild your law library. Identify the items to be replaced as soon as possible. Inquire whether prior vendors will provide a hardship discount for replacing books.
12. Contact the State Bar of Michigan Practice Management Resource Center (800) 341-9715 for assistance.
Other resources:
Full text of Executive Order 2020-94, Declaration of State of Emergency
City of Midland emergency services and contact information
Steps to stay safe from the dangers of floodwaters
Originally scheduled for July 28-29, the modified test will be held on Wednesday, July 29. The 15-question essay exam will cover both state and federal law topics similar to those that would be addressed in the 200-question Multistate Bar Exam, which cannot be administered online this year.
“The board conducted extensive research and consultations to make this decision, including outreach to Michigan public health officials and law school deans, while monitoring developments in the pandemic and approaches of other states,” Justice Brian K. Zahra, the Court’s liaison to the Board of Law Examiners, said in a press release. “Law school graduates can sit for the exam without risking public health.”
Since this year’s summer applicants will be on the same professional track as previous July examinees, the Board of Law Examiners did not recommend any limited licensure because of the change.
“I am confident the Michigan essay examination will adequately test the applicants’ legal knowledge and skill,” Justice Zahra said. “The public can be confident that those who pass this exam will have requisite knowledge of state law to become a member of the Michigan bar.”
The BLE is working with Michigan’s five law schools and the University of Toledo to make sure that individuals with disabilities who cannot take the exam online are able to take the test in person with appropriate safety measures.
The full extent of Michigan Supreme Court Order 2020-15 addressing the July 2020 bar exam modifications can be found here.
According to the release, new features “allow users to search courts where virtual hearings are being held, sort by judge or hearing officer, click on a county to view if a specific court is offering streaming abilities, and add a public calendar to virtual courtroom search results.”
Chief Justice Bridget McCormack said in a press release that she is proud of the way Michigan courts have stepped up to increase access to proceedings.
“With just two or three clicks, the public can find and watch local court proceedings,” she said in the release. “Michigan’s courts have responded to this crisis by opening the virtual doors of our courthouses wide. I am so proud of the commitment to innovation that is transforming the judiciary, expanding access, and strengthening democracy.”
Despite significant restrictions on public proceedings, the courts have adapted quickly and effectively, according to the release, which notes that “nearly 1,000 judges and other court officers have Zoom licenses and more than 100,000 hours of hearings have been conducted remotely since April 1.”
Visit the Virtual Courtroom Directory or the Supreme Court’s COVID-19 webpage for additional information and resources.
Administrative Order No. 2020-14 instructs that courts “should consider expanding in person operations with diligent regard for health and safety practices as determined in consultation with local health officials and considering the capacity of the community’s health system, and as approved by SCAO.”
According to the Order, there is “some consensus—nationally and locally—about the best way to approach returning to more normal work practices in a way that ensures access to necessary services while also protecting against the risk of further infection. This approach involves meeting various benchmarks based on local public health data as public facilities gradually phase in operations.”
The Court provided a supplement with guidelines for the judiciary to follow in order to return to full capacity.
Meanwhile, the Court has made clear that during this health crisis, “courts must continue to conduct essential functions, and are expected to use their best efforts to provide timely justice in all other matters.”
SCAO policies will include but may not be limited to:
These conditions remain in effect until further order of the Court.
These orders facilitate the completion of legal documents that are more crucial now than ever, but were otherwise difficult or impossible to handle during the pandemic.
“The problem of how to validate critical legal documents in a quarantine environment was a difficult and crucial issue,“ State Bar of Michigan President Dennis M. Barnes said when E.O. 2020-41 was issued. “The State Bar thanks the governor for the thorough and thoughtful guidance provided in the executive order. We also applaud the Probate and Estate Planning and Elder Law and Disability Rights sections of the State Bar for proactively raising this critical issue and for using their subject matter expertise and valuable insight in offering a solution to this unprecedented problem.”
Here are the highlights for lawyers:
Related: Guidance on Remote Notarization & Witnessing Under EO 2020-41
The information collected is used to update a comprehensive database that many Michigan courts reference to determine attorney fees. We take your privacy very seriously. Your secure response will be anonymous, and all results will be reported in aggregate only—no individual responses will be identifiable.
The 2020 Economics of Law Practice Survey is closing soon. If you have not yet completed the survey, please take a few minutes to do so now.
And—to make it a little more fun—you will be able to register for a drawing for the chance to win prizes, including $500 Amazon gift cards.
Thank you for participating in this especially important initiative!
Make sure you stay in the loop by signing up for our newsletters, and connecting with us on social media. We’re on Twitter, Facebook, Instagram, and LinkedIn.
We look forward to returning with a Michigan Bar Journal in June. We plan to feature articles related to the scheduled theme of bankruptcy.
Meanwhile, we’re looking for online article submissions related to COVID-19 and the practice of law. If you’re interested in sharing your story or expertise as a lawyer practicing during the pandemic in an article for michbar.org, we’d love to hear from you. Information about submitting an article can be found here. Please contact editor Linda Novak with any questions.
If you have questions about advertising, please contact Stacy Ozanich.
“The problem of how to validate critical legal documents in a quarantine environment was a difficult and crucial issue,“ State Bar of Michigan President Dennis M. Barnes said. “The State Bar thanks the governor for the thorough and thoughtful guidance provided in the executive order. We also applaud the Probate and Estate Planning and Elder Law and Disability Rights sections of the State Bar for proactively raising this critical issue and for using their subject matter expertise and valuable insight in offering a solution to this unprecedented problem.”
Here are the highlights for lawyers:
The executive order, which took effect immediately, continues through May 6, 2020.
Among its many upsides, the order makes it easier to complete important legal work for those on the frontline of the pandemic response. The State Bar of Michigan is launching two initiatives in response to the COVID-19 crisis that give you opportunities to help. More information can be found here.
According to the Court’s press release, it “will consider rescheduling some cases from the March and April sessions before the end of the Term, if circumstances permit in light of public health and safety guidance at that time.” It will also “consider a range of scheduling options and other alternatives if arguments cannot be held in the Courtroom before the end of the Term.”
Among the cases that would have been heard in the April session were a pair of consolidated cases involving religious and moral exemptions to the Affordable Care Act's requirement for employer health plans to cover birth control, and a pair of consolidated cases involving defect and negligence suits against Ford Motor Co.
Meanwhile, the Court will continue to proceed with the resolution of all cases argued this term, will post opinions on its website, and will continue to hold its regularly scheduled conferences and issue order lists.
The last time the Supreme Court postponed oral arguments due to a public health crisis was during the 1918 Spanish flu pandemic.
Due to the COVID-19 situation, please follow the following procedures for completing and submitting petitions:
I support the nomination of [CANDIDATE ATTORNEY’S NAME] to serve on the [POSITION] for the [XX] District/Circuit.
My office is located in the [XX] District/Circuit.
[NOMINATING ATTORNEY’S NAME]
[NOMINATING ATTORNEY’S P NUMBER]
[NOMINATING ATTORNEY’S OFFICE ADDRESS]
Michigan lawyers are advised that the following elections will be held in June 2020:
All ballots will be electronic and sent to all active State Bar attorneys by June 1, 2020, to the email address on file with the State Bar. To ensure you receive a ballot and notifications about the election, please make certain that the State Bar has your current email address on file. Ballots must be completed online no later than June 15, 2020.
If you have questions, please contact Marge Bossenbery at [email protected], or Carrie Sharlow at [email protected].
According to company co-founder and CEO Jack Newton, Clio’s COVID-19 Legal Relief Initiative is available to the entire legal community.
“If your firm needs to figure out how to maintain business continuity or collaborate across a newly remote workforce while still providing quality services to your clients, we’ll help you navigate that,” Newton said in a statement on the company's website. “If you are a legal organization or charity providing mental health support during this stressful time, we want to assist. If you are part of the legal community and have expertise to share or are looking for best practices from an industry leader, we want to help bridge that connection.”
The aid application can be found at clio.com/covid-relief.
The COVID-19 pandemic continues to unfold.
New Executive Order. Today, Gov. Whitmer issued an Executive Order directing all Michiganders to stay in their homes for at least the next three weeks, except for under very limited circumstances.
Here are the highlights for lawyers:
New Michigan Supreme Court Order. The Michigan Supreme Court issued an order extending all deadlines pertaining to case initiation and the filing of initial responsive pleadings in civil and probate matters during the state of emergency declared by the Governor related to COVID-19. The order does not preclude a court from ordering an expedited response to a complaint or motion in order to hear and resolve an emergency matter requiring immediate attention.
The Michigan Supreme Court’s earlier Administrative Order, limiting trial courts to essential functions, remains in effect. Chief Justice McCormack and Justice Viviano outlined the reasons why closing Michigan courts isn’t an option in an op-ed over the weekend.
New COVID-19 Resources. We wanted to share with you all the resources we have available to you during this unprecedented situation:
We know that what you need to best serve your clients and the public is changing by the hour, and we are doing our best to help. Keep telling us what you need and we pledge to do everything possible to provide it.
In the interest of the health and safety of our members and their families and colleagues, the 50-Year Golden Celebration originally scheduled for May 11, 2020, at the Inn at St. Johns in Plymouth is postponed due to the coronavirus pandemic.
We will be exploring options for rescheduling and refund options. Given the uncertainty of the spread of the coronavirus, it is unlikely any rescheduling would happen until July or later. Members will be updated as decisions are made.
“Cancelling the March test is a difficult step, but we believe it is the most responsible course of action to protect test takers, test center personnel, and the broader community,” the Law School Admission Council wrote in an update on its website.
The Council is hopeful that the April and June tests will proceed as planned, but will continue to monitor the situation and provide updates.
Meanwhile, the National Conference of Bar Examiners has created a web page with COVID-19 updates related to the bar exam, MPRE, and other tests.
The agency noted on the site that while it does not administer the bar exam, it is “in close contact with jurisdiction bar admission agencies as they consider possible options for the July exam in the event that shutdowns and prohibitions against large gatherings remain in effect.”
If you are a court administrator or other court employee and you see a discrepancy in your court's listing, please notify Elizabeth Couch at [email protected] at your earliest convenience so we can ensure that all of our information is correct and current.
Sign up for our e-Journal to get summaries of the latest opinions from the Michigan Supreme Court, Michigan Court of Appeals, and selected U.S. Sixth Circuit in your inbox.
Resources about risk management, working remotely, and emergency planning are available from the Practice Management Resource Center.
Questions & Answers
Have any State Bar of Michigan services been disrupted by the coronavirus?
The State Bar of Michigan continues to offer all services as usual, and we have contingency plans prepared so our staff can work remotely if needed. We don’t anticipate any major disruptions to the services we provide, but we’ll notify lawyers and the public promptly if changes are necessary.
Gov. Gretchen Whitmer declared a state of emergency after Michigan’s first two cases of coronavirus were confirmed March 10. The State Bar of Michigan is committed to the safety of its visitors and employees and we have instituted some new policies at our building. Lawyers and members of the public from all over the state visit our building and we want to do our part to help prevent a potential outbreak of COVID-19.
Can I still hold a meeting at the State Bar of Michigan building?
The State Bar of Michigan building remains available for lawyers who wish to use it for meetings. We will promptly notify any participants scheduled to attend a meeting at the State Bar building if this changes. If your group has not already given SBM an email address, please do so now by emailing [email protected].
Lawyers, sections, and committees are encouraged to offer dial-in numbers or a video conferencing option such as Zoom for people who would prefer to attend meetings remotely.
If necessary, the State Bar building will be closed to the public under the following circumstances:
We’re asking every visitor to the State Bar building to use hand sanitizer and sign in at the front desk. Our measures will not be effective without your help. Please advise everyone scheduled to attend your meeting to stay home if they are not feeling well. Please discourage handshaking and encourage attendees to use the wipes and hand sanitizers available in the building.
If you have held a meeting in the State Bar building within the last 21 days and are aware that a participant has tested positive or been advised to self-quarantine, please notify us immediately.
Read the full message we sent to lawyers about the use of our building here.
What about the courts?
The latest updates from the Judicial Branch can be found here. You should check with individual courthouses before visiting. This map includes contact information for courts statewide.
The Michigan Supreme Court has made several recommendations to trial courts to help prevent the spread of COVID-19, which you can read about here.
Information about electronically filing court documents can be found here.
Will the July bar exam be held as usual?
The Board of Law Examiners, which oversees the investigation and examination of State Bar of Michigan applicants, plans to administer the July 2020 bar exam as usual (as of March 9), and says it will have a contingency plan if needed.
How should my firm prepare for a potential outbreak in my community?
The American Bar Association offers disaster guidance for legal professionals, much of which could be applied during an outbreak or pandemic. The ABA offers a preparedness checklist, including questions that attorneys should be able to answer, such as:
Employers should also revisit their emergency preparedness plans and be ready to respond to varying levels of severity were an outbreak to occur. The CDC advises employers to prepare for the possibility of:
What special legal needs might the public have during an outbreak?
Attorneys would face unique concerns during a severe outbreak as they would need to work to ensure that the rule of law is respected and protected. Attorneys should be prepared to work with clients whose employers’ emergency policies aren’t consistent with existing workplace laws.
Scammers are using the worldwide focus on the spread of COVID-19 as an invitation to lure unsuspecting consumers. The U.S Cybersecurity and Infrastructure Security Agency, a branch of the Department of Homeland Security, warns individuals to be aware of potential scams related to the coronavirus. This includes emails containing malicious attachments and/or links to fraudulent websites that could result in theft of sensitive personal data or donations to non-existent charities or causes.
A recent report in American Banker magazine cited a malware scam that simulates the popular web-based COVID-19 dashboard maintained by Johns Hopkins University’s Center for Systems Science and Engineering. Instead, an email claiming to provide an up-to-date coronavirus map actually includes a graphic that looks like the Johns Hopkins map but contains an embedded program that can steal usernames, passwords, credit-card numbers, and other data stored in the user’s browser.
Read more about scams affecting lawyers in Michigan here.
What precautions can I take now to help prevent an outbreak?
The top three Center for Disease Control and World Health Organization preventive recommendations are:
The latest updates from the Judicial Branch can be found here.
The State Bar of Michigan conducts the survey every three years to update a comprehensive database that’s used by many courts to determine attorney fees. We’re asking every attorney in every occupational area to participate, so we can capture information that’s relevant to all Michigan lawyers. The 2020 Attorney Income and Billing Summary Report & Desktop Reference Report will be available on the State Bar of Michigan website in late spring and you’ll be able to access this valuable resource anytime.
We take your privacy very seriously. Your secure response will be anonymous, and all results will be reported in aggregate only—no individual responses will be identifiable.
By participating, you’ll be eligible to enter a drawing for prizes, including two $500 Amazon gift cards and five $100 Amazon gift cards.
Thank you for taking a few minutes to participate in this very important undertaking.
