SBM Blog

SBM Alternative Dispute Resolution Section to Host Mediating Attorney Fee Disputes Teleseminar

The State Bar of Michigan Alternative Dispute Section will host a teleseminar about mediating attorney fee disputes from noon to 1:30 p.m. on Tuesday, Sept. 12. Registration is required by Sept. 8, and dial-in instructions will be provided on participants’ registration confirmations.

The teleseminar will be moderated by Grand Rapids attorney and mediator, Robert E. L. Wright. Byron P. “Pat” Gallagher Jr., who serves as a mediator of attorney fee, business, real estate and probate disputes at his East Lansing firm, The Gallagher Law Firm, will discuss the challenges attorney fee disputes can present to mediators. Attorney fee disputes are difficult to resolve because of perceptions, personalities, pride and sometimes bad behavior by one or more participants. To be effective, the mediator must have a basic understanding of attorney fees, fee agreements and related legal and equitable issues. The mediator must be able to marshal this understanding to identify the issues, build trust, build consensus where possible and develop a workable solution.

Participants will learn how the nature of the dispute impacts the mediation; the impact of claims of malpractice, ethical violations and fraud on negotiations; how to deal with attorney-client privilege claims and waivers; authority to settle affected by these variables; factors parties need to address in fee disputes; when attorney fees may be recovered by law or court rule and prevailing standards; common objections mediators are likely to encounter; and answers to questions about dealing with these disputes.

The teleseminar is free for sitting judges, costs $10 for Alternative Dispute Resolution Section members and law students, and $40 for non-section members. To register online or download a copy of the mail-in registration form, visit http://connect.michbar.org/adr/home. For more information, contact Robert Wright at [email protected] or (616) 682-7000.

Free Legal Assistance Available for Flood Victims in Midland, Isabella, Bay and Gladwin Counties

A toll-free legal aid hotline is now available to victims of Michigan’s recently declared flood disaster in Midland, Isabella, Bay and Gladwin Counties. The service, which allows callers to request the assistance of a lawyer to aid in flood-related matters, is a partnership between the American Bar Association Young Lawyers Division, the State Bar of Michigan, the State Bar of Michigan Young Lawyers Section, Lakeshore Legal Aid and Legal Services of Eastern Michigan.

Flood victims facing legal issues who are unable to afford a lawyer may call 1-800-418-8315 between 9 a.m. and 5 p.m., Monday through Thursday and 9 a.m. and 3 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.

The type of legal assistance available includes:

• Assistance securing FEMA and other government benefits available to disaster victims;
• Assistance with life, medical and property insurance claims;
• Help with home repair contracts and contractors;
• Replacement of wills and other important legal documents destroyed in the disaster;
• Assistance in consumer protection matters, remedies and procedures;
• Counseling on mortgage-foreclosure problems; and
• Counseling on landlord-tenant problems.

Flood victims may also visit https://mi.freelegalanswers.org/ to receive free legal assistance online. Individuals who qualify for this service can ask a volunteer attorney questions online and receive a written response.

Background:

When the President declares a major disaster, FEMA, in cooperation with the American Bar Association Young Lawyers Division, establishes a toll-free number for disaster victims to request legal assistance. Funding for the toll-free line comes from FEMA under the authority of Section 415 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-107). The American Bar Association Young Lawyers Division, in turn, partners with state bar associations and other legal organizations to recruit volunteers in affected areas to handle victims’ cases.

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, Isabella, Bay, and Gladwin Counties. Low-income flood victims seeking legal assistance outside and surrounding Midland, Isabella, Bay, and Gladwin Counties may contact Legal Services of Eastern Michigan 1-800-322-4512 to find out if they qualify for free legal assistance. For all other flood victims, contact the State Bar of Michigan lawyer referral service at 1-800-968-0738.

Partner Members:

The following organizations have joined forces to establish a toll-free phone line for Midland, Isabella, Bay and Gladwin, Michigan disaster victims to request free legal assistance and to provide volunteer attorneys to handle cases arising from recent flooding.

American Bar Association Young Lawyers Division: The ABA YLD is the largest national organization of young lawyers that provides leadership in serving the public and the profession, and promotes excellence and fulfillment in the practice of law. Its parent organization, the American Bar Association, is the national voice of the legal profession and is the largest voluntary professional membership group in the world.

State Bar of Michigan: Established in 1935, the State Bar of Michigan is composed of more than 45,000 practicing attorneys and judges. The mission of the State Bar is to improve the administration of justice, promote the legal profession, and build public understanding of our legal system. For more information, visit www.michbar.org. Follow SBM on Facebook and on Twitter @MIStateBar. If you are a member of the State Bar, join our group on LinkedIn.

State Bar of Michigan Young Lawyers Section: The State Bar of Michigan Young Lawyers Section is a professional membership organization. The Section’s mission is to sponsor activities of interest and value to young lawyers in Michigan; coordinate activities of the various local young lawyer groups in Michigan; cooperate with, and serve as an integral part of the State Bar of Michigan; cooperate with various local bar associations in the State of Michigan, and the American Bar Association, including its Young Lawyer Division, in the promotion of their programs.

Lakeshore Legal Aid: Lakeshore Legal Aid takes pride in providing Southeast Michigan with excellence in advocacy and civil legal counsel since 1966. Our attorneys offer professional legal advice and counseling, document review and preparation, negotiation, mediation, and representation in court to improve the legal status of the men, women, and families we serve. 

Legal Services of Eastern Michigan: LSEM delivers free civil legal assistance to people with limited means. Its mission is to use legal skills to address the causes and effects of poverty. Special emphasis is placed on those issues that affect the survival needs of low-income people. LSEM provides services in 14 Mid-Michigan counties including, Arenac, Bay, Clare, Genesee, Gladwin, Gratiot, Huron, Isabella, Lapeer, Midland, Saginaw, Sanilac, St. Clair, and Tuscola.

Attention Detroit Attorneys: Want to Be a Judge?

Governor Rick Snyder seeks a candidate to fill an opening on the 36th District Court in Detroit vacated by Hon. Prentis Edwards Jr.

If you are a State Bar of Michigan member who resides in this judicial district and meets the qualifications for the position, access the application on the governor's website and submit it to the governor's office no later than Aug. 25. 

Contact Samantha West, executive administrator of the Legal Division of the governor's office, with any further questions at 517-241-5991.

ABA joins SBM, State Bar Associations and CloudLaw, Inc. to Expand Online Legal Network

The American Bar Association has joined the State Bar of Michigan, CloudLaw, Inc. and several other state bar associations to create a national online legal network that consumers can trust to find lawyers.

By joining together for the first time in this type of effort, the ABA and other state bars will leverage their combined expertise to create a dynamic, comprehensive, national online network. The network will offer easy-to-use lawyer search, topical legal information and quick connections between legal professionals. The lawyer search platform hosts some 90,000+ lawyer profiles and receives half a million quarterly visits. Combined with the ABA partnership and the scheduled participation of additional state bars, the network expects to reach over half a million lawyer-members by the end of 2018.

"While the online market for legal services has been exploding with confusing and in some cases very questionable options for consumers, CloudLaw has been carefully building the foundation for a credible, convenient alternative backed and developed with the collective input of state bar associations," SBM Executive Director Janet Welch said. "The current CloudLaw network has quietly been benefiting Michigan lawyers and the public for over two years, and its value will increase tremendously over time. The addition of the expertise of the American Bar Association is a crucial step forward."

"The American Bar Association is excited by the opportunity to collaborate with state bars to provide consumers with greater access to lawyers," said Linda A. Klein, President of the American Bar Association. "Technology can only do so much and people still need lawyers to help them solve their problems. We believe that the CloudLaw directory will allow potential clients to find the lawyer they need."

The expanded network will function as a central, searchable hub, while offering the same ethically focused and user-friendly features as the current CloudLaw network. In connection with the launch, CloudLaw will also rebrand the site domain name from zeekbeek.com to cloudlawyers.com.

"Today is a significant step forward in bar associations revitalizing their traditional role by providing a credible and ethically compliant marketplace to deliver legal services on the Internet," CloudLaw, Inc. CEO and President Robert Aicher said. "CloudLaw is proud to be the provider facilitating this online evolution."

SBM Young Lawyers Section to Host National Trial Advocacy Competition

The State Bar of Michigan Young Lawyers Section will host the National Trial Advocacy Competition Oct. 20-22 at the Oakland County Circuit Court, located at 1200 Telegraph Road in Pontiac. The competition is designed for teams of four participants, made up of two advocates and two witnesses. Participants will have an opportunity to perfect their courtroom advocacy skills in the presence of judges and practitioners.

This year the preliminary rounds will be held from 6-9 p.m. on Friday, Oct. 20 (one round), and from 9 a.m. to 5:30 p.m. on Saturday, Oct. 21 (2 rounds). The semi-final and final rounds will be held from 9 a.m. to 5:30 p.m. on Sunday, Oct. 22.

The SBM Young Lawyers Section is now accepting applications to the competition. The deadline is 5 p.m. Aug. 4. Submit your application by emailing [email protected] with the subject line 2017 NTAC Application. Applications should include your law school name, address and phone number; faculty/primary contact person for the competition and that person’s phone number and email address (acceptance to the competition will be emailed to this address only); and a brief description of previous participation in regional and national competitions.

Selected teams will be notified of their acceptance by email on Aug. 8. Teams must accept invitations to the competition by Aug. 11. The registration fee for selected teams is $600, due on Aug. 21. Contact [email protected] with any other questions about the competition.

Do you remember critical federal court rules? Get a refresher at #SBMNext

Hear from some of Michigan's top jurists on the "must-know" federal and state court rules, as well as best practices for preserving your record at trial. Join us at SBM NEXT Conference on September 27-29 in Detroit.

U.S. District Judge David M. Lawson, of the Eastern District of Michigan, will help you avoid pitfalls and brush up on the procedures for removal and remand, as well as teach you how to keep your civil case on track and sharpen your knowledge of the essential rules for discovery, motion practice, and key local rules.

Michigan Supreme Court Justice Kurtis T. Wilder, Michigan Court of Appeals Judge Christopher M. Murray, and Third Judicial Circuit Judge Lita Masini Popke will teach you best practices for preserving your record. They'll share the secret to preserving issues for appeal, as well as the best way to time objections, make offers of proof and handle evidence.

New a la carte pricing on educational sessions will allow you to attend only the sessions most beneficial to you, while also fitting in section meetings and educational events, as well as other networking opportunities.

Formerly the Annual Meeting/Solo & Small Firm Institute, the NEXT Conference focuses on the future of law practice by bringing Michigan lawyers together in a whole new way to learn, share ideas, make connections, and more. Tailor the program to your needs by creating your own unique experience. Want to attend a section meeting, grab lunch, and catch an educational session or two? We've got you covered. Or maybe you'd rather focus on education and networking? You can do that too with a new, inclusive "all-member" lunch and reception. With two-day, one-day, and a la carte pricing options, it's the conference that fits your schedule. Your conference, your way.
Save your spot at SBM NEXT Conference.