SBM Blog

Federal Funding for Legal Aid Takes 18% Hit in House Budget

The U.S. House of Representatives voted Saturday to cut the budget for the Legal Services Corporation (LSC) by $70 million.  According to an LSC press release, the cut would reduce grants to local legal aid programs by 18% and cause layoffs of 370 staff attorneys. Some offices in rural areas would be closed, and about 160,000 fewer low-income people would receive legal help. 

Assistance provided by the 136 nonprofit programs nationally aids victims of domestic violence, prevents unlawful foreclosures and evictions, helps veterans and the disabled obtain benefits, protects the elderly from consumer fraud, and provides help with other civil legal problems. The programs provide legal services to persons at or below 125 percent of the federal poverty guidelines—$27,938 for a family of four.  About 95% of LSC funding is distributed as grants to more than 900 offices across the nation.

An effort to eliminate all funding for LSC programs was defeated on February 16 , 259 to 171.  Michigan representatives voting to eliminate funding: Amash (R), Benishek (R), Huizenga (R), McCotter (R), Miller (R), Rogers (R), Walberg (R).  Michigan representatives voting against the amendment to eliminate LSC funding: Camp (R), Clarke (D), Conyers (D), Dingell (D), Kildee (D), Levin (D), Peters (D), Upton (R). 

The House approved the funding reduction as part of its Continuing Resolution to fund federal agencies and programs through the remainder of Fiscal Year 2011. The proposal would represent an $85 million reduction from the White House’s Fiscal Year 2011 budget request of $435 million. All Republican members of Michigan's House delegation voted on the bill to reduce funding.  All Democratic members except Gary Peters, who abstained, voted against the bill. The bill now goes to the Senate for a vote. The government is currently funded at Fiscal Year 2010 levels until March 4.

Earlier this month, the policymaking ABA House of Delegates voted to oppose any funding cuts to LSC.

SBM PMRC Tip of the Week – Pictures of You on Facebook

How do you know if your friends or family may have posted and tagged “unflattering” pictures of you in their Facebook photo albums?

Log into Facebook > click on Profile (upper right corner) > click on Photos (left column).  You will see every photo in which you are tagged.  Click on the photo and see the details of where the photo is posted.  Under the photo you will see the option to “remove the tag”.

If you have your e-mail notifications turned on in Facebook, you will be sent an e-mail every time you are tagged in a photo. Control exactly when you are notified by Facebook by clicking on Account >Account Settings > Notifications.  Select or de-select items to control Facebook activity notification.

Taking a few minutes to periodically review your photos is an important step to help safeguard your reputation.

Every week, the Practice Management Resource Center posts a new Tip of the Week. Visit http://www.michbar.org/pmrc/content.cfm to view current and archived "Tips."

To reach a practice management advisor, call the PMRC Helpline at (800) 341-9715 or e-mail your questions to pmrcHelpline@mail.michbar.org.

Lawyers in Libya Protest Government Violence

The Associated Press is reporting that 200 lawyers and judges in Libya protested in Tripoli inside a courthouse, surrounded by security forces, and that the country's justice minister, Mustafa Abud al-Jeleil, has joined other ministers who have resigned in protest of the government’s violent response to the demonstrations.   ABA President Stephen N. Zack released a statement condemning the violence, noting  the ABA's longstanding commitment to advancing human rights and promoting the rule of law. "The violent response of the Libyan government to the current unrest in that country demonstrates continuing disregard for both of these fundamental principles," Zack says.

HT: ABA Journal

Real Jobs. Free Career Center. You're Welcome.

The State Bar's new free online career center  connects employers in the legal profession to qualified candidates looking for job opportunities.  It's been up and running for less than a week and so far over two thousand members have taken advantage of it.  The Bar partnered with JobTarget, an industry leader in job boards, to build a unique employment marketplace with features better than generalist job boards in a several ways:

• A highly targeted focus on employment opportunities in a certain sector, location, or demographic;
• Anonymous resume posting and job application—enabling job candidates to stay connected to the employment market while maintaining full control over their confidential information;
• An advanced “Job Alert” system that notifies candidates of new opportunities matching their own pre-selected criteria;
• Access to industry-specific jobs—and top-quality candidates.
• Employer access to a large number of job seekers.

And did we say that it's free for job seekers?  Visit the Career Center here. 

Punctuation Mea Culpa: From Now On, SBM Blog Supports the American Rule

Just to be clear, the State Bar of Michigan officially supports and advocates on behalf of the American Rule, which in contrast to the British Rule requires all of the parties to a lawsuit to pay their own attorneys' fees unless there is a specific authority to the contrary.  And SBM Blog, as a creature of the State Bar of Michigan, follows suit. But the American Rule that SBM Blog is endorsing here has to do punctuation, not attorney fees. And here we must confess that we have been ambivalent and inconsistent about the placement of commas and periods inside or outside of quoted material. We have, unwittingly, been following the British Rule.  But Yale Law School's 203 Admissions Blog, along with my esteemed friend Dr. Daniella Saltz, leads the way back to the American Way.   Here's 203's Asha Rangappa explaining to Yale Law aspirants why they should use the American Rule in their admissions essays:

Take a look at the following sentences:

1.  My favorite part of the 203 Blog is "Bad Idea Jeans."

2.  My favorite part of the 203 Blog is "Bad Idea Jeans".

Don't know what I'm talking about?

Do you see how, in the first example, the period is neatly, soothingly, and ecstasy-producingly tucked within the quotation marks?  And then do you see how, in the second example, the period is about to float off into space, making me want to kill myself? 

That's what I'm talking about.

Perhaps you think I am being too nitpicky.  You might be saying, "Is there some rule that says I have to keep the period inside the quotation marks?  Or are you just doing one of your random Asha things where you are finding reasons to ding people?"

The only random criterion I use to ding people is choice of font.  In this case, however, there is, in fact, a rule.  It's called the American rule.  (I'm kidding about the font thing, BTW, just wanted to make sure you're paying attention.) 

You see, the British decide which punctuation mark goes within the quotes based on the quote itself.  This rule is also known as the "logic" rule, and is consistently applied regardless of whether you are using a period, comma, exclamation point, or any other form of punctuation.  The American, or "convenience" rule, by contrast, always defaults to placing commas and periods inside the quotation marks, regardless of their usage in the original quote.  Other punctuation marks -- exclamation points, question marks, colons, etc. -- follow the British rule.  (If you are thoroughly confused, please see here for more explanation, including the historical underpinnings of this discrepancy.)

Now, you may be tempted to argue that, as future lawyers, you ought to follow the "logical" rule all the time and use the British form without fear of persecution.  But let's dig a little deeper into the so-called "logic" of our cousins across the pond.  Let's say we do decide to follow them down this path of  punctuation consistency.  What's next?  Will we wake up tomorrow and find that our bars all close at 10?  That we eat french fries with mayonnaise?  That we have a shortage of orthodontists?  Where do we draw the line?

Ya gotta love people who find ecstasy and agony in punctuation choices.  And about those fonts...

The Lady with the Scales, meet Lady Luck

The New York Times focuses on some of the ways in which winning trial lawyers strive to keep a winning streak going.  Manhattan being Manhattan, one of the ways involves a Mayan sun salad with sauteed filet of salmon.  And then there's this piece of advice that you didn't learn in law school: "“The trial gods are very powerful. You respect them. You make little offerings.”

 

 

 

House of Representatives Considers Moratorium on "Equal Access to Justice" Attorneys Fees

The House of Representatives last week gave initial approval to a six-month moratorium on attorney fees for people who successfully sue the federal government under the terms of the Equal Access to Justice Act of 1980.  That act allows individuals, small businesses, non-profits and others to collect attorney fees if they prevail and meet other requirements, including falling below a net worth ceiling.  The provision was added to the bill to fund federal operations through the fiscal year.  Supporters object to the lack of centralized information about which lawyers and plaintiffs are getting the fee awards, although they endorse the 1980 act as fair.  The amendment's sponsors said that non-profits, especially environmental groups, are abusing the law and have created a cottage industry out of suing the government. Democrats made an appeal to Tea Party members to oppose the moratorium, characterizing the 1980 act as helping people who are fighting the government with few resources.

The amendment passed 232-197 but needs another vote of the full House to advance to the Senate.

Michigan Representatives voting for the amendment: Amash (R), Benishek (R), Camp (R), Huizenga (R), McCotter, Miller (R), Rogers (R), Upton (R), Walberg (R)

Michigan Representatives voting against the amendment: Clarke (D), Conyers (D), Dingell (D), Kildee (D), Levin (D), Peters (D)

Let Us Now Honor George Washington's Wisdom, and Resist Misquotation

The father of our country made one really memorable statement about the justice system, but misreading his handwriting has caused the thought to be widely misquoted.  The misquotes include, "The true administration of justice is the firmest pillar of good government," etched into at least one courthouse), and "The administration of justice is the firmest pillar of government,"  available on t-shirts in the UK for only £9.91 in bulk.

What George Washington actually wrote, in a letter to Attorney General Edmund Randolph in 1789, was "Impressed with the conviction that the due administration of justice is the firmest pillar of good Government, I have considered the first arrangement of the Judicial department as essential to the happiness of our Country, and to the stability of its political system; hence the selection of the fittest characters to expound the law, and dispense justice, has been an invariable object of my anxious concern."

Well said, George.  And nice handwriting. Happy Ceremonial Birthday.

Robert Redford Movie on Lincoln Assassination Honors Lawyers

It won't be in theatres until April 15 (the date of Lincoln's assassination), but a new movie directed by Robert Redford on the defense of Mary Surratt as a conspirator in the assassination was shown to members of the ABA's midwinter meeting in Atlanta.  The reviews were generally very good -- not surprising given the highly flattering portrait of Surratt's defender, Frederick Aiken, played by James McAvoy.  

Gerald Ford's Stand For African American Teammate Remembered in Upcoming Documentary

You might have already heard this story about President Gerald Ford, and Willis Ward, an attorney and judge in Detroit.  In 1934, the University of Michigan football team made the decision to bench its only African American football player, Ward, to appease their opponent, Georgia Tech. Ford was so furious about this decision he threatened to quit the team until Ward convinced him to stay and play. The injustice of the decision was a defining moment for Ford, who later stood up for his alma mater in an  opinion piece for the New York Times  when the school's affirmative action admissions policies came under attack in Gratz v. Bollinger and Grutter v. Bollinger.

Seeing a brief summary of the story in a clip from the upcoming documentary, "Black and Blue,"  gives it a whole new meaning. Watch that clip above, and read more about the documentary's creators, Brian Kruger and Buddy Moorehouse, in The Detroit News.

Posted by Samantha Meinke