SBM Blog

Michigan Supreme Court Adopts State Bar's Civil Discovery Rule Amendments

The Michigan Supreme Court today adopted extensive amendments to the rules governing civil discovery. The rules were developed by the State Bar of Michigan Civil Discovery Rule Review Special Committee, which was chaired by Daniel D. Quick. The rules provide that the scope of discovery should be proportional to the needs of the case, adopt initial disclosure requirements, and clarify issues concerning electronically stored information.

“This package of rule changes represents the most comprehensive effort to improve civil discovery rules in at least a generation,” said Chief Justice Bridget M. McCormack. “The Court is grateful to the State Bar for its hard work to update and streamline discovery, to make it more efficient and effective for the public.”

“Discovery is the most expensive and burdensome element of civil litigation. Michigan is now modernizing its rules to stress active case management and that discovery must be proportional to the needs of the case,” said Daniel D. Quick. “These rules will assist all litigants but will also help increase access to justice by making discovery less costly, providing litigants with sufficient information to identify contested issues early in the pre-trial process, and giving our judges the discretion to right-size discovery to allow litigants the opportunity to have their day in court.”

“The new civil discovery rules are a step forward to increasing the public’s access to Michigan courts and will allow litigants to more efficiently resolve their disputes at a lower cost,” said State Bar of Michigan President Jennifer M. Grieco. “I am thankful for the hard work and dedication of our Civil Discovery committee and subcommittee members, especially Dan Quick for his leadership on this project. I am also grateful to all of our members, sections, committees, local bars, and affinity bars that provided feedback as the committee developed the rules.”

The new civil discovery rules are available online and will be effective on January 1, 2020. The State Bar of Michigan will be developing educational tools and webinars to prepare practitioners for the upcoming changes in the civil discovery process.

Connecting with Your Clients

Dr. Noelle Nelson gives listeners simple techniques for connecting with all types of clients and teach lawyers how to communicate, even if they disagree with their client.

Disconnects in lawyer/client communication often lead to unhappy clients or even the loss of their business. But the State Bar of Michigan: On Balance Podcast has good news—better relationships with clients can be achieved! Hosts Tish Vincent and JoAnn Hathaway talk to Dr. Noelle Nelson about her book, “Connecting with Your Client: Success Through Improved Client Communication Techniques.” Dr. Nelson offers simple techniques for connecting with clients of all personalities and temperaments and teaches lawyers how to be an ally, even if they disagree with their client. Later, they also discuss communication within law firms and offer strategies for creating supportive, respectful workplaces.

Dr. Noelle Nelson is a respected psychologist, speaker, author, and trial consultant who provides trial/jury strategy, witness preparation and focus groups to attorneys.

Listen to the podcast

Intellectual Property Law Institute

Dates: July 18–20, 2019
Location: Grand Hotel, 286 Grand Ave, Mackinac Island
Cost: $295 for Section members; $395 for non-section members

Register with ICLE

Cosponsored with ICLE

There’s no better place to get advanced content in patent, trademark, and copyright law. Hear from top minds while you bask in the beauty of Mackinac Island. Join 200+ top-notch practitioners for elegant receptions and unparalleled networking.

Benefits of Attending
Gain insight straight from USPTO director Andrei Iancu.
Stay current with critical updates on patent, trademark, and copyright law.
Grasp the impact of Belmora, Octane Fitness, Helsinn, SAS, Shaw, ReDigi, and more.
Take home expert advice from both sides of the pond regarding opposition.
Hone your judgment with interactive ethics scenarios.
Moderators
Lisabeth H. Coakley, Harness Dickey & Pierce PLC
Kendra Mattison, Koch Industries

Speakers
Matthew Cutler, Harness Dickey & Pierce PLC
Mary Boney Denison, United States Patent & Trademark Office
Rob Doerfler, Mars Incorporated
Torsten Duhme, Witte Weller & Partner
Andrei Iancu, United States Patent & Trademark Office
Tom Irving, Finnegan Henderson Farabow Garrett & Dunner LLP
Thomas Kjellberg, Cowan Liebowitz & Latman
Author Anne Gilson LaLonde
Arriènne (Angel) M. Lezak, Polsinelli
Dustin Hans Shunta, Warner Norcross + Judd
Brian D. Wassom, Warner Norcross + Judd

June Michigan Bar Journal

The June 2019 issue of the Michigan Bar Journal, focusing on Labor and Employment Law, is available online. Articles include: 

• Balancing Customer Care and Employee Civil Rights
• A Warning to Employers About Communications with Employees
• Representing Employees of Educational Institutions in the #MeToo Era
• Working in a State of Flux: LGBTQ Employment Law Update
• Recruiting in the Robot Age

Other features include:

• President's Page A Century Later: An Examination of Women in the Law by Jennifer M. Grieco
• Plain Language Evolving They by Brad Charles and Thomas Myers
• Best Practices Best Practices in Determining Whether a Claim Sounds in Ordinary Negligence or Medical Malpractice by Donna M. MacKenzie and Jules B. Olsman
• Future of Law The Uniform Bar Exam: Whither Michigan? by Otto Stockmeyer
• Libraries and Legal Research Employment and Labor Law Research Using Michigan Business Court Opinions by Ruth S. Stevens
• Law Practice Solutions Be Flexible, Be Successful, Be Essential by Roberta Tepper

Antitrust, Franchising & Trade Regulation Section Second Annual Fall Forum

Save the Date

Please join the Antitrust, Franchising & Trade Regulation Section of the State Bar of Michigan for the second annual Fall Forum—a networking reception and panel discussion titled, "License to Poach? Recent Antitrust Challenges to Franchise Employee Restrictions."

Date: September 26, 2019
Location: Jaffe Raitt Heuer & Weiss, 27777 Franklin Rd, Ste 2500, Southfield
Networking Reception: 6-7 p.m.
Panel Discussion: 7-8 p.m.
Cost: Free

Register Now

If you have any questions, please contact Briar Siljander, Section Chair, at [email protected].

Elder Law and Disability Rights Section Fall Conference

Save the Date

Date: October 2–4, 2019
Location: Crystal Mountain, 12500 Crystal Mountain Dr, Thompsonville

This year's keynote speaker will be Eric Carlson.

Eric has broad experience in many forms of long-term services and supports, including home and community-based services, nursing facility care, and assisted living facilities. He led Justice in Aging’s extensive research (funded through The Commonwealth Fund) on Medicaid-funded assisted living and currently is leading a project to assist consumer advocacy on Medicaid managed LTSS in Florida and New Jersey. He counsels attorneys from across the country and co-counsels litigation on consumers’ behalf. Mr. Carlson serves as president of the national Assisted Living Consumer Alliance and is author of the legal treatise Long-Term Care Advocacy (Matthew Bender and Co.).

There will also be both intermediate sessions and advanced sessions, as well as ELDRS' own experts. Session topics will include: Financial Exploitation, Practical Guide to an ALJ Hearing, Medicaid Fair Hearings, and Medicaid Planning for the Married Couple.

Registration will be open soon.

Valerie R. Newman Appointed to State Bar of Michigan Board of Commissioners

The State Bar of Michigan Board of Commissioners welcomes its newest member, Valerie R. Newman, Wayne County Prosecutor’s Office, appointed today by the Michigan Supreme Court as commissioner-at-large.  She will serve the remainder of a 3-year term ending in 2021.

Vote Now in the 2019 SBM Election

It is time to vote in the 2019 State Bar of Michigan election. This year, elections are being held for positions on the Judicial Tenure Commission, the Board of Commissioners in Districts C and H, the Representative Assembly in Circuit 3, and the Young Lawyers Section Executive Council in District 1. 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 members with an email address on file with the State Bar may vote securely online. Beginning on May 24, 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 member is entitled to vote.

The email will come from [email protected] with the subject line "Vote Now in the 2019 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. All active members who do not have an email on file will receive a paper ballot in the mail.

Online voting will end at 11:59 p.m. ET on Saturday, June 15, and paper ballots must be received postmarked no later than June 15.

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].

Judicial Vacancy—Calhoun County

Court: 10th District Court, Calhoun County

Vacating Judge: Hon. Samuel I. Durham, Jr.

Application Deadline: Applications must be submitted electronically and received by 5:00 p.m. on June 14, 2019

To be considered for this position, you must be a State Bar of Michigan member who meets the legal qualifications for this office. Please be aware that to be appointed you must reside within the judicial district.

To apply for the position, please email one complete packet, including your judicial appointment questionnaire, resume, writing samples, and any other attachments to [email protected]

If you have any questions about the judicial appointment process, please send your questions to [email protected].

ICLE Michigan-Specific Limited Scope Training Free to All Michigan Attorneys

In partnership with the State Bar of Michigan Affordable Legal Services Committee, ICLE has produced a program made up of three on-demand seminars. Each on-demand seminar is designed to help Michigan lawyers become practice ready in limited scope matters, and includes learning objectives, a video recording, written materials, optional self-assessments, and an evaluation. A certificate of completion is available for each on-demand seminar:

Begin a Limited Scope Representation Practice (30 minutes)
Handle Complex Limited Scope Representation Issues (50 minutes)
Demonstration: Communicate with Limited Scope Representation Clients (15 minutes)

Before entering the ICLE store to access the on-demand seminars, watch a brief welcome message from Affordable Legal Services Committee Co-chair Thomas C. Rombach. Hear from Limited Scope Representation Education Chair Hon. Cylenthia L. Miller with closing remarks and a hearty thank you for your participation. Learn how the bench and court staff are eager to connect the public with your services.