Solo Contendre: ’Tis the season for solos to try everything
Getting set to launch a solo practice? An established attorney makes the case for not keeping your focus too narrow.
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Lawyers: Case evaluation time period is fine as is
Leave it alone. That’s the chorus in the early stages of a comment period to tell the Michigan Supreme Court whether to change case evaluation rules, which would reduce the requirement from 28 to 14 days for parties to accept or reject a case evaluation.
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Professional Responsibility – Legal malpractice suit was not filed within 6-month discovery period
Plaintiff’s malpractice claim against the attorney who helped him redeem his workers’ compensation claim was untimely because he did not sue within two years of when service was discontinued or within six months of when he could have alleged a malpractice claim.
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M-22 injury lawsuit to be argued before high court
The question of what is considered a “travel lane” along a state highway — and the accompanying liability for injuries — will be argued Dec. 9 before the Michigan Supreme Court.
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Prosecutor says dogs saw child as meal; Lawsuit, criminal charges filed against owner
Criminal charges and a lawsuit were filed Monday against the alleged owner of four dogs who fatally mauled a 4-year-old boy last week.
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Civil Procedure – Attorney’s fee in consumer auto case requires ‘Smith’ analysis
The trial court abused its discretion by summarily awarding plaintiff a $1,000 attorney’s fee after she settled her claims against a used car dealer. The fee request should have been analyzed with regard to the Magnuson-Moss Warranty Act and the Michigan Consumer Protection Act’s fee-shifting provisions and Smith v. Khouri, 481 Mich. 519 (2008).
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Nominations Open for Major State Bar Awards; Deadline is Feb. 19
The Roberts P. Hudson Award goes to a person whose career has exemplified the highest ideals of the profession. This award is presented periodically to commend one or more lawyers for their unselfish rendering of outstanding and unique service to and on behalf of the State Bar, given generously, ungrudgingly, and in a spirit of self-sacrifice. It is awarded to that member of the State Bar of Michigan who best exemplifies that which brings honor, esteem and respect to the legal profession. The Hudson Award is the highest award conferred by the Bar.
The Frank J. Kelley Distinguished Public Service Award recognizes extraordinary governmental service by a Michigan attorney holding elected or appointed office. Created by the Board of Commissioners in 1998, it was first awarded to Frank J. Kelley for his record-setting tenure as Michigan’s chief lawyer.
The Champion of Justice Award is given for extraordinary individual accomplishments or for devotion to a cause. No more than five awards are given each year to practicing lawyers and judges who have made a significant contribution to their community, state, and/or the nation.
The Kimberly M. Cahill Bar Leadership Award was established in memory of the 2006-07 SBM president, who passed away in January 2008. This award will be presented to a recognized local or affinity bar association, program or leader for excellence in promoting the ideal of professionalism or equal justice for all, or in responding to a compelling legal need within the community during the past year or on an ongoing basis.
The John W. Cummiskey Pro Bono Award, named after a Grand Rapids attorney who was dedicated to making legal services available to all, recognizes a member of the State Bar who excels in commitment to pro bono issues. This award carries with it a cash stipend to be donated to the charity of the recipient’s choice.
The John W. Reed Michigan Lawyer Legacy Award was introduced in 2011 and is named for a longtime and beloved University of Michigan Law School professor and Wayne State University dean. This award will be presented periodically to a professor from a Michigan law school whose influence on Michigan lawyers has elevated the quality of legal practice in the state.
All SBM award nominations are due by 5 p.m. Friday, Feb. 19, 2016.
The Liberty Bell Award recipient is selected from nominations made by local and special-purpose bar associations. The award is presented to a non-lawyer who has made a significant contribution to the justice system. The deadline for this award is Monday, May 13, 2016.
An awards committee co-chaired by Brian D. Figot and SBM Vice President Donald G. Rockwell reviews nominations for the Roberts P. Hudson, John W. Reed, Champion of Justice, Frank J. Kelley, Kimberly M. Cahill, and Liberty Bell awards. The SBM Pro BonoInitiative Committee reviews nominations for the Cummiskey Pro Bono award. These recommendations are then voted on by the full Board of Commissioners at its April meeting.
Last year's non-winning nominations will automatically carry over for consideration this year. Nominations should include sufficient details about the accomplishments of the nominee to allow the committees to make a judgment.
Any SBM member can nominate candidates for awards. To apply online or download application forms visit www.michbar.org/programs/eventsawards. Cummiskey Award nominations can be directed to Robert Mathis atrmathis@mail.michbar.org; all other nominations can be submitted to Joyce Nordeen at jnordeen@mail.michbar.org
License revoked
Former clients of a disbarred Bloomfield Hills attorney to whom he was ordered to pay restitution might need to apply to the State Bar’s Client Protection Fund to get their money.
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Civil Procedure – Attorney’s fee in consumer auto case requires ‘Smith’ analysis
The trial court’s $1,000 attorney’s fee award to plaintiff after she settled a consumer-protection case is vacated. The factors in Smith v. Khouri, which apply to fee-shifting statutes, must be considered.
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Criminal Law – Remand for consideration of motion to withdraw plea
The defendant’s attorney acknowledges that the defendant did not contribute to the delay in filing a proper motion and admits her sole responsibility for the error.
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