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Q & A with Judge Lawrence J. Paolucci, Wayne County Probate Court

By Jeanne E. Murphy posted 02-01-2018 09:16

  

 

Judge Lawrence J. Paolucci, Wayne County Probate Court

 Judge Lawrence J. Paolucci was appointed by Governor Rick Snyder to the Wayne County Probate Court on October 22, 2015, to fill the vacancy created by the resignation of Chief Judge Milton L. Mack, Jr. Before his appointment to the bench, he served as the court attorney for the Wayne County Probate Court for 11 years. He graduated from Kenyon College (Ohio) with a Bachelor of Arts degree in political science and obtained his law degree from Detroit College of Law, now Michigan State University College of Law. While in law school, he served as the judicial law clerk to the late Honorable Raymond R. Cashen of Macomb County Circuit Court, as well as to the Honorable James J. Rashid of the Wayne County Circuit Court. Following law school, he was an associate attorney with Bellanca, Beattie & DeLisle, PC, in Detroit and Harper Woods, Michigan, for over 10 years. Much of his practice was concentrated in the probate areas of guardianships, conservatorships, trusts, and decedent estates, including work with the Consul of Italy's office in Detroit. He originally joined the Wayne County Probate Court in February, 2004. Judge Paolucci is a member of the Michigan Probate Judges Association and the Wayne County Probate Bar Association, and he is the past president of the Catholic Lawyers Society of Detroit.

 


What are the worst things a lawyer can do in court?

 Be rude or abusive toward court staff or the judge.

  • Be unprepared for the hearing.
  • Be late for the hearing (without notice or excuse).
  • Improperly cite legal authority or claim a case or statute supports a proposition it does not.
  • Fail to notify all the interested parties in your case pursuant to MCR 5.125.

 

What are the best things a lawyer can do in court?

 Behave with civility to the court, attorneys, and parties involved.

  • Be on time and prepared for your hearing.
  • Make sure you check in for the hearing promptly.
  • File pleadings timely under court rules and keep track of time requirements.
  • Properly administer and close estates promptly under MCR 5.206.
  • Make sure the attachments referenced are actually attached.
  • Concede the obvious in a legal argument.

 

When are written appearances required?

 Rarely is a formal appearance necessary in probate court. By an act, such as filing a pleading on behalf of a party, an attorney may appear in a case under MCR 5.117(B)(1).

What role does your clerk play?

 My clerk runs the docket and schedules some matters.

 

When is a brief required?

 Unless modified by a specific court rule, the general rules of pleading apply in probate proceedings. So if a brief is required in under the general court rules (Chapter 2) it will also be required in Probate (Chapter 5). An example: summary disposition motions per MCR 2.116. See also generally MCR 5.001.

 

When is your motion call? Are there a maximum number of motions heard during motion call?

My motion schedule is as follows: 

  • Accounts/deceased estates (Monday)
  • Adult guardianships/conservatorships (Tuesday)
  • Miscellaneous matters/trusts (Wednesday)
  • Minor guardianships/conservatorships (Thursday)
  • MI/DD docket (once every six weeks)

 

There is typically a four- to six-week delay between filing a petition and a hearing due to court volume. Court staff may assist in moving hearing dates when there is an emergency or other circumstances require an expedited hearing or rare ex-parte relief.

 

When and how do attorneys request an adjournment?

 Adjournments can be obtained by the consent of parties and judge, by stipulation, or, in some cases, by the written or oral request of the petitioner.

 

What happens at a settlement conference?

 Usually I will meet with the parties’ counsel in chambers. Counsel then confer with their clients separately regarding any settlement offers. Counsel will then apprise me if any settlement can be reached. The settlement will then be placed on the record.

 

When should my client come to court?

Each case is different; however, a client must appear when ordered by the court or when the client’s testimony or approval is necessary. For example, in guardianship and DD guardianship matters, the alleged incapacitated individual has a right to be present if he or she wishes, and the court must take his or her wishes into consideration. When in doubt, ask the court whether the client needs to appear.

 

When should I approach the judge in a bench conference?

The parties may approach me when they believe it is necessary to discuss a sensitive issue. This should be done sparingly and only when the facts or justice demand.

 

How do I schedule a trial date?

Trial dates are scheduled by the court clerk after final pretrial and in consultation with the parties and with me.

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