SBM Blog

Enhance your SBM NEXT Conference experience with the mobile app

The State Bar of Michigan is offering an app to help you create the perfect, personalized SBM NEXT Conference experience for you. The new app will allow you to create a custom schedule and set reminders for events and educational sessions, and also receive alerts about last-minute event changes. New features also allow you to take photos and notes during events and save them right inside the event in the app, automatically organizing them for you and making them easy to find in the future. A new, interactive map feature in the app will allow you to navigate from your current location in DeVos Place to the location of your next event. A social wall lets you share your experience on social media using the hashtag #sbmnext. You can network with others attending the event and connect with vendors in the app. And you can also navigate Art Prize, register for a city tour and even book an Uber from within the app.

SBM NEXT Conference will focus on the future of law practice by bringing Michigan lawyers together 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 an 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.

Visit https://crowd.cc/s/1Sb3S to download the app, then search for “NEXT” to find 2018 SBM NEXT Conference.

Save your spot at SBM NEXT Conference.

MyCase Legal Technology Evangelist to Give Plenary Session at SBM NEXT Conference

Nicole Black, Legal Technology Evangelist for MyCase, will provide a plenary session for the educational tracks at State Bar of Michigan NEXT Conference at 9 a.m. Friday, Sept. 28.

Black is an author, journalist and legal technology evangelist at MyCase. She is the nationally recognized author of “Cloud Computing for Lawyers,” and co-authored “Social Media for Lawyers: the Next Frontier,” both published by the American Bar Association. She also co-authored “Criminal Law in New York,” a Thomson Reuters treatise. She writes regular columns for The Daily Record, Above the Law and Legal IT Pros; has authored hundreds of articles for other publications and regularly speaks at conferences regarding the intersection of law, mobile and cloud computing and internet-based technology.

Black’s plenary presentation, “Artificial Intelligence and the Law,” will demonstrate how AI has the potential to save lawyers time and money. AI technologies hold the promise of automating the mundane aspects of practicing law, allowing lawyers to focus on more interesting, high-level analytical tasks. Hear about exciting new AI software that, although in its infancy, will soon impact a number of different aspects of your law practice. Plus, learn about a host of automation tools already in existence that will streamline your law firm's processes, whether you’re looking to automate document assembly, billing and invoicing processes or case to-dos and deadlines.

Don’t miss Nicole Black’s plenary session at #SBMNext. Save your spot at SBM NEXT Conference.

Become a Better Advocate at the SBM Next Conference Judicial Perspectives Track

Get the top tips for presenting your summary disposition motion, learn to effectively write your appellate brief and make your argument and see the view from the criminal bench directly from some of Michigan’s top jurists. Genesee County Circuit Court Judge Joseph Farah, Kent County Circuit Court Judge Christopher Yates, Ottawa County Circuit Court Judge Jon Hulsing and Muskegon County Circuit Court Judge Timothy Hicks will give you best practice advice for presenting summary disposition motions. John Bursch and Michigan Supreme Court Justice Elizabeth Clement will provide smart drafting techniques and strategies for presenting your best arguments in appellate briefs. Genesee County Circuit Court Judge Joseph Farah and Kalamazoo County Circuit Court Judge Pamela Lightvoet will teach you how judges view criminal matters and what they expect during the pendency of your case to help you improve your advocacy.

SBM NEXT Conference will focus on the future of law practice by bringing Michigan lawyers together 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 an inclusive “All Member” lunch and reception. With two-day, one-day, and ala carte pricing options, it’s the conference that fits your schedule. Your conference, your way.

Don’t miss the judicial perspectives track at #SBMNext. Save your spot at SBM NEXT Conference.

Clio CEO to Give Keynote Address at SBM NEXT Conference

Jack Newton, CEO and Founder of Clio, will kick off the State Bar of Michigan NEXT Conference with a keynote address at 9 a.m. Thursday, Sept. 27.

Newton is a pioneer in cloud-based practice management with more than 150,000 legal professionals in 130 countries depending on Clio’s software every day. Newton has been recognized as EY’s Entrepreneur of the Year, and Clio has been named to Deloitte’s Best Managed Companies, the Deloitte Fast 50, Canada’s Most Admired Corporate Cultures and more. Newton has spearheaded efforts to educate the legal community on issues surrounding cloud computing, including security, ethics and privacy, and has become an internationally recognized writer and speaker. He is cofounder and president of the Legal Cloud Computing Association, a consortium of leading cloud computing providers with a mandate to help accelerate the adoption of cloud computing in the legal industry.

Newton’s keynote presentation, “The 2018 Legal Trends Every Michigan Lawyer Must Know,” will uncover the findings that impact Michigan lawyers straight from Clio’s Annual Legal Trends Report, the most extensive data-driven report of its kind in the legal industry. Learn how you can build a data-driven law firm by leveraging key performance indicators, and review data from a large-scale consumer that reveals rapidly shifting consumer expectations. This talk will leave you inspired to deliver legal services in innovative and competitive ways, and will provide insights into how you can drive new business in an increasingly competitive world by adapting to rapidly shifting consumer behavior.

Don’t miss Jack Newton’s keynote speech at #SBMNext. Save your spot at SBM NEXT Conference.

State Bar of Michigan Announces 2018 Election Results

SBM Board of Commissioners

Five  attorneys — Lisa J. Hamameh, Thomas H. Howlett, Joseph P. McGill, Dana M. Warnez and Erane C. Washington — won contested seats in this year’s Board of Commissioners elections. All will serve three-year terms expiring at the close of the 2021 NEXT Conference.

Dana M. Warnez was elected to serve District D, representing Macomb and St. Clair Counties. She concentrates on probate and estate planning, drafting and administering trusts and real estate matters at Schoenherr, Cahill & Warnez in Center Line.

Erane C. Washington was elected to serve District G, representing Jackson and Washtenaw Counties. She owns and operates The Law Firm of Erane C. Washington-Kendrick in Ann Arbor, and provides services to businesses and individuals in real estate, business, personal injury and commercial litigation.

Joseph P. McGill was elected to serve District H, representing Monroe, Lenawee and Wayne Counties. He is a principal at Foley, Baron, Metzger & Juip in Livonia, concentrating on complex litigation and transactions.

Lisa J. Hamameh and Thomas H. Howlett were both elected to serve District I, representing Oakland County. Hamameh is a shareholder with Foster Swift Collins & Smith in Southfield and practices municipal, zoning/land use and liquor licensing law. Howlett is a partner and chief operating officer of The Googasian Law Firm in Bloomfield Hills, where his litigation practice focuses on malpractice, catastrophic injury, wrongful death and pursuit of consumer class actions.

The SBM Board of Commissioners provides oversight to the State Bar on finance, public policy, professional standards and member services and communications.

SBM Solicits Member Comments on Proposed Ethics Advisory Opinion

The growth of online for-profit matching services raises questions about attorney ethics. A proposed advisory opinion by the State Bar of Michigan Professional Ethics Committee concludes that participation in a for-profit online matching service that matches prospective clients with lawyers for a fee is not ethically permissible if the attorney’s fee is paid to and controlled by a non-lawyer and the cost for the online matching service is based on a percentage of the attorney’s fee paid for the legal services provided by the lawyer.

The proposed advisory opinion says that a Michigan lawyer participating in this business model:

• Violates Rule 6.3(b), which prohibits a lawyer from participating in for-profit lawyer referral services;
• Violates Rule 5.4, which prohibits a lawyer from sharing fees with a non-lawyer;
• Violates Rule 7.2(c), which prohibits a lawyer from giving anything of value to recommend a lawyer’s services unless it is a reasonable payment for advertising the lawyer’s services, the usual charges for a not-for-profit lawyer referral service, or payment for the sale of a law practice;
• Subverts compliance with Rule 1.15, which requires a lawyer to safeguard legal fees and expenses paid in advance by depositing them into a client trust account until the fee is earned and the expense is incurred;
• Impedes compliance with Rule 1.16(d) and its requirement that any unearned prepaid fees and unexpended advances on costs must be refunded;
• Assists in the unauthorized practice of law in violation of Rule 5.5(a) to the extent the online service holds itself out as a provider of legal services and guarantees satisfaction; and
• Violates Rule 5.3 to the extent that the conduct of the matching service when performing administrative “back office” services traditionally done through the law firm does not comport with the professional obligations of the lawyer.

As the proposed opinion describes, a number of other states have addressed this issue.

Members of the State Bar of Michigan and the public are encouraged to submit comments on the proposed opinion and on whether the current rules should be modified by filling out an online form located at https://www.michbar.org/opinions/membercomments.

Comments should be submitted by July 16. After the period for comment has closed, the State Bar Board of Commissioners will consider whether to approve or modify the opinion.

Background

The Michigan Rules of Professional Conduct (MRPC) were adopted effective Oct. 1, 1988, by the Michigan Supreme Court. The MRPC comprise the Supreme Court’s authoritative statement of a Michigan lawyer’s ethical obligations.

Consistent with its jurisdictional mandate and rules, the SBM Professional Ethics Committee drafts ethics opinions when requested to do so by the SBM president, the Board of Commissioners, the Representative Assembly, the Attorney Discipline Board, the Attorney Grievance Commission, the SBM executive director, or individual members of the State Bar inquiring about their own contemplated conduct. The committee may also draft opinions on ethical matters its research indicates need clarification or resolution.

Informal advisory ethics opinions, designated with an “RI” before the opinion number, are issued by the committee without review and approval by the Board of Commissioners and are intended to provide informal guidance on the MRPC. Informal advisory opinions must be approved by at least two-thirds of the committee membership.

The committee may also draft proposed formal advisory ethics opinions, designated with an “R” before the opinion number, for consideration by the Board of Commissioners. These proposed formal opinions must be approved by at least two-thirds of the committee membership before they are presented to the Board of Commissioners. Formal advisory ethics opinions are intended to deal with matters of general and substantial interest to the public, address situations which affect a significant number of members of the Bar, or modify or reverse prior formal opinions. The Board of Commissioners may approve or modify the proposed formal opinion and direct its release as an informal or formal advisory ethics opinion, or it may reject the opinion and direct that no opinion be issued on the matter.

Neither informal opinions of the SBM Professional Ethics Committee nor formal advisory ethics opinions have the force and effect of law. They provide guidance only and may not be relied upon as an absolute defense to a charge of ethical misconduct.

SBM Members: Save 15% on ABA Books!

SBM members can now save 15% on ABA books. The discount applies to all regularly priced book purchases at the ABA web store. Simply use the special discount code MICHBAR at checkout. To start saving 15% on your ABA book purchases visit www.ShopABA.org or call (800) 285-2221 and use the special discount code MICHBAR.

On Balance Podcast: Check Out the Latest Episode

The latest episode of the State Bar of Michigan’s On Balance podcast features Lea Ann Sterling, a Traverse City attorney who owns and manages Sterling Law Office in Empire and Gaylord and wrote award-winning pictorial guidebooks Historic Homes of Olde Town, Columbus, Ohio, and Historic Cottages of Mackinac Island. Hosts JoAnn Hathaway and Tish Vincent discuss with Sterling how she took her law practice from survival mode to a stage-one business.

On Balance delivers useful and entertaining ideas on managing life as a lawyer. To subscribe in iTunes, follow two easy steps: 1. Using your mobile device, click on this link or enter this link in your browser: http://ow.ly/HOOZ30hZOy1. 2. Click the "Subscribe" button that shows up right under the name of the podcast. To access On Balance in Google Play, follow these three steps: 1. Using your mobile device, click this link or enter this link in your browser: http://ow.ly/GDas30hYSEy. 2. Click the subscribe button (located just beneath the On Balance logo). 3. Click the subscribe button that appears in the pop up.

2018 SBM Election Notice—Voting Begins May 25

Electronic ballots for the 2018 State Bar of Michigan elections will be distributed via email on May 25. SBM members who do not have an email address on file will receive a paper ballot. Online voting will end at 11:59 p.m. on Friday, June 15, and paper ballots must be received postmarked no later than June 15.

There are contested races for the Judicial Tenure Commission, the Board of Commissioners in Districts D, G, H, and I, and the Representative Assembly in Circuit 7. Unless your address on file is in one of the circuits or districts where there is a contested race, you will only receive a ballot for the Judicial Tenure Commission race.

All eligible members with an email address on file with the State Bar may vote securely online. This can be done by one of two methods. First, beginning on May 25, eligible members will receive an email message informing you it is time to vote. Included in the message will be an embedded link taking you directly to the voting site and a ballot containing only the races for which you are entitled to vote. The email will come from [email protected] with the subject line "Vote Now in the 2018 State Bar of Michigan Election—E-Ballot enclosed" and not from the State Bar.

Alternatively, you may reach the voting website from the SBM Member Area, where you will need to sign in and click on the VOTE NOW button to be directed to the voting website.

PLEASE NOTE: To ensure that you receive your ballot, please add [email protected] to your email contact list. You could also let your IT department know to add this address to its “safe mail” list. Please be assured that the site is secure and you will have the same level of privacy and anonymity as if voting by mail. The system will prevent anyone from voting more than once. If you have questions, contact Marge Bossenbery at [email protected]ichbar.org or (517) 346-6327, or Carrie Sharlow at [email protected] or (517) 346-6317.

In Memoriam: Wallace D. Riley, 38th SBM President

The State Bar of Michigan mourns the loss of its 38th president, Wallace D. Riley, who died May 17 at the age of 90.

“Wally Riley leaves a legacy of extraordinary accomplishments,” SBM Executive Director Janet Welch said. “To most people, his service as president of the American Bar Association and the State Bar of Michigan might stand out as his signature achievements, but to those who knew him best, his most defining legacy was his devotion to his cherished wife, Dorothy, and his partnership with her on her path to becoming a pioneering icon in her own right in Michigan legal history. They became, and will always remain, the ‘First Couple’ of the Michigan legal profession.”

"All of us are so saddened by the news of the passing of Wallace Riley,” SBM President Donald G. Rockwell said. “Wally was a true pillar in the State Bar of Michigan and the American Bar Association. He was greatly loved by all who knew him and he will be deeply missed."

Riley was elected president of the State Bar of Michigan for the 1972-1973 bar year, and was elected president of the American Bar Association for the 1983-1984 bar year. He earned a bachelor’s degree in philosophy in 1947 from the University of Chicago, where he also earned letters in basketball and baseball; earned three degrees from the University of Michigan, including a Bachelor of Business Administration in 1949, a Master of Business Administration in 1952 and a Juris Doctor in 1952; and he also earned a Master of Laws Degree in 1954 from George Washington University. He had a long and very distinguished legal career in Detroit, and founded the legendary law firm of Riley and Roumell in 1968 with his wife, Dorothy Comstock Riley, and friend, George T. Roumell. Prior to founding that firm, he practiced law with Burke, Burke and Smith in Ann Arbor, served as a first lieutenant in the Judge Advocate General Corps of the United States Army, a member of the special counsel staff of Special Counsel to Secretary of the Army Joseph N. Welch in connection with the Army-McCarthy Hearings before the Permanent Subcommittee on Investigations of the United States Senate, and practiced law in Detroit with Dykema, Jones & Wheat. He also served as an instructor at the University of Michigan, teaching labor relations, taxation and real estate valuation and finance.

Riley was a very active volunteer with the State Bar of Michigan, Michigan State Bar Foundation, Michigan Supreme Court Historical Society, Detroit Bar Association, Federal Bar Association and American Bar Association. He served as president of the Michigan State Bar Foundation from 1974 to 1982, and a founding member of the Foundation Fellows Program. He served as president of the Michigan Supreme Court Historical Society and president of the Michigan Historical Center Foundation. He chaired the Michigan Attorney Discipline Board from 2000-2002. He served as chair of the Young Lawyer Section of the State Bar of Michigan and the Detroit Bar Association. He was national director and chairman of the Continuing Legal Education Committee of the ABA Young Lawyers Section. He served as president of the Federal Bar Association Detroit Chapter and 6^th District National Vice President of the FBA. He also co-wrote the “Wayne County Practice and Procedure Handbook” with Allan Neef.

Riley was also very prominent in other civic activities. He served as a member of the City of Detroit Commission on Community Relations. He served as a lifetime member of the NAACP, on the Board of Directors of the Detroit Chapter of the American Cancer Society, on the Board of Directors of Blue Cross Blue Shield of Michigan, on the Board of Directors of SJS Bancorp Inc. and as Chairman of the Board of TechTeam Global Inc. He also served on the Michigan Board of Canvassers. For his outstanding achievements, he received many awards, among them the State Bar of Michigan Roberts P. Hudson Award and the Michigan State Bar Foundation Founders Award.

“Wally is a lawyer’s lawyer, a Bar person through and through, a civic leader, a scholar. He is politically savvy, a person of principle, a sports buff and a delightful friend,” George T. Roumell wrote in a 1983 Michigan Bar Journal when Riley became ABA President. “Few understand Bar activities the way Wally does. The hours and hours he has devoted to the interest of the Bar are legendary among those of us who practice with him.”