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Cracking the Legal Dress Code

By Rebekah Page-Gourley posted 01-04-2016
1 person recommends this.
Like it or not, what we choose to wear says something about us—whether we’re interested in the latest fashion trends, prefer a classic look, or are simply aware that the social contract dictates that we avoid walking around nude. Even (or maybe especially) when we don’t want our clothes to say something meaningful about our characters, judgments get made. My jeans-and-hoodie look on Saturday mornings says: “My child was up at 4 a.m. and I don’t care how I present myself to the world right now just give me coffee.” I’m pretty sure folks receive that message loud and clear, and I’m ok with that. But in the professional realm, we can’t afford to be so blasé. As ...
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The Search for The Lady Bird Deed.

By Kary C. Frank posted 04-17-2015
1 person recommends this.
A number of years ago a friend, who had moved to Florida, and I were discussing his estate plan and he told me how his Florida attorney had used a ladybird deed as a component in his planning. Being unfamiliar with the term, I did some research to determine what exactly is a ladybird deed. I found, as we know now that the more formal term for a ladybird deed was an enhanced life estate deed. For purposes of the article an enhanced life estate deed or ladybird deed is loosely described as a conveyance of real property, reserving a life estate and the power to sell, mortgage, etc. In Michigan there is Standard 9.3 of the Michigan Title Standards (6th ed), which ...
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Getting Someone’s Facebook Information

By Stephanie L. Stenberg posted 09-03-2014
1 person recommends this.
Have you ever had to get a party’s Facebook information? While Facebook will cooperate in response to preservation requests or subpoenas from law enforcement, it will not respond to private party subpoenas to obtain the contents of a user’s Facebook account (like posts, photos, and messages). Facebook encourages private parties to get user information through discovery. Facebook has a page called “ Law Enforcement and Third-Party Matters ,” which covers when and how you can get a user’s Facebook information. Essentially, you can only subpoena basic subscriber information (not the content of posts or messages). If you are seeking Facebook ...
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Discovery Rule Amendments: A Rundown

By Rebekah Page-Gourley posted 06-20-2019
1 person recommends this.
We all knew that big changes to the Michigan Court Rules on civil discovery were coming, and ready or not they’re here now! The Michigan Supreme Court adopted the amendments on June 19, 2019, with an effective date of January 1, 2020. The SBM Civil Discovery Rule Review Special Committee developed these broad amendments with an eye toward modernizing the discovery process and improving efficiency and access to justice . The amended rules parallel many of the Federal Rules of Civil Procedure on discovery, including mandatory initial disclosures, a requirement that discovery be proportional to the needs of the case, and a seven-hour limit on depositions. ...
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Supporting In-Home Caregivers: The Designated Caregiver Act

By Noah C. Hagan posted 06-06-2016
1 person recommends this.
Effective in July 2016, a new state statute will require hospitals to work with patients and their designated caregivers on after-discharge care. The Designated Caregiver Act allows a patient to name a caregiver to provide any in-home assistance the patient would need after discharge. The hospital must document caregiver information, notify the caregiver of the patient’s transfer or impending discharge, and attempt to consult with the caregiver on after-discharge care. The hospital must answer the caregiver’s questions about the patient’s after-discharge needs. The bill was introduced by State Senator Margaret O’Brien to help ensure ...
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A New Way to Save Your Assets

By Jeanne E. Murphy posted 12-19-2016
1 person recommends this.
With the passage of 2016 PA 330 , the Qualified Dispositions in Trust Act, Michigan authorizes domestic asset protection trusts (DAPT). The act allows a person to create a trust, retain an interest in that trust, and keep his or her creditors from getting to the assets in the trust. This is a 180-degree turn from Michigan’s common law. DAPTs do not protect assets from all creditors. Under the Uniform Fraudulent Transfer Act, a transfer to a DAPT is fraudulent and can be set aside if the disposition was made with actual intent to hinder, delay, or defraud any creditor of the debtor. 2016 PA 331 . In addition, the assets in a DAPT are not protected ...
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Is Law School Worth the Debt?

By Stephanie L. Stenberg posted 06-05-2013
1 person recommends this.
The other day I had lunch with a University of Michigan sophomore with her sights set on law school. She wanted to meet to discuss getting into law school and the day-to-day life of being a lawyer. One of the first questions she asked was, “Is going into debt for law school worth it?” The question really made me think. On the one hand, working at ICLE puts me in touch with some of the brightest and most inspiring lawyers in Michigan. I know many young lawyers with great jobs who love what they do. On the other hand, I know plenty of unemployed and underemployed law school graduates who have a much more negative opinion about going to law school (usually ...
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The New “Default” in Domestic Relations Cases

By Rachael M. Sedlacek posted 02-16-2015
1 person recommends this.
After years of debate, the domestic relations default judgment rule, MCR 3.210(B) , was amended and expanded effective January 1, 2015. As Judge Janice Cunningham explained at this year’s Family Law Institute, the amended rule codifies some practices that were already taking place in several counties. For example, many courts permitted defaulted parties to participate in proceedings to a certain extent after default. Now, MCR 3.210(B)(2)(d) specifically provides that the court may allow a defaulted party to engage in discovery, file motions, and participate in court hearings, referee hearings, and alternative dispute resolution proceedings. There ...
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DHS Counting SBO Trust Assets

By Douglas G. Chalgian posted 08-21-2014
9 people recommend this.
For those who haven’t heard, the Department of Human Services has begun denying eligibility in Medicaid long term care cases in which there is a married person, and in which assets were placed in a so-called “solely for the benefit” trust (“SBO trust”). For those who do Medicaid planning, they will recognize that the SBO trust is the most favored planning tool in most married persons cases. The SBO trust has traditionally allowed assets in excess of the protected spousal amount to be preserved for the needs of the community spouse. The first SBO trust in Michigan was drafted about 18 years ago by David Shaltz and John Bos. Since then, SBO trusts have been ...
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Focusing Your Practice—Should You or Shouldn’t You?

By Rebekah Page-Gourley posted 03-31-2014
1 person recommends this.
Will focusing your practice be good for business or will it pigeonhole you into an unhappy career? Most lawyers don’t graduate from law school with a “specialty.” Yes, there are practice area–specific law reviews and clinic opportunities for 2 and 3Ls, as well as LLMs, but everyone walks out of law school with a standard Juris Doctor degree. The issue of specialization for lawyers often comes up after graduation—and needs to be addressed quickly. One lawyer who started his own practice after law school argues that the days of the “whatever comes in the door” type of solo firm are “long gone.” Instead, he advises new lawyers looking to hang a shingle ...
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Solo Startup Tips from 'Better Call Saul'

By Stephanie L. Stenberg posted 08-08-2016
1 person recommends this.
After I named Saul Goodman, the savvy-but-sleazy lawyer on Breaking Bad , one of my favorite TV lawyers , I am back to sing his praises again, this time for his character on the Breaking Bad prequel, Better Call Saul . S imply put, Better Call Saul “gets” lawyers, especially those starting a solo practice. On the show, newly minted lawyer Jimmy McGill (aka Saul) struggles to make ends meet as he tries to get his firm off the ground. He doesn’t have seed money. Every new client counts. Sound familiar? I’m sure we can all identify with Jimmy’s struggles as he launches his solo practice. Surprisingly, Jimmy actually does some pretty ...
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New Funeral Representative Legislation effective June 27, 2016

By Jennifer M. Harvey posted 06-24-2016
2 people recommend this.
On June 27, 2016, the new version of MCL 700.1104, 700.2801 et seq., and 700.3206 et seq. is effective. These statutes were amended by 2016 PA 57 to allow a legally competent individual to name and appoint a funeral representative to make decisions about what happens to that individual’s remains after he or she dies. This includes both disposition and final resting place. The designated funeral representative has the “right and power to make decisions about funeral arrangements and the handling, disposition, or disinterment of a decedent’s body, including, but not limited to, decisions about cremation, and the right to possess cremated remains of the decedent.” ...
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Protect your POAs

By Jeanne E. Murphy posted 09-06-2012
1 person recommends this.
Don’t be surprised if banks start rejecting your normal durable power of attorney. New requirements for durable powers of attorney, compliments of PA 141, require agents to sign an acknowledgment of duties before exercising power under the document. This new requirement does not apply to any power of attorney executed before October 1, 2012 (notwithstanding the legislation’s “immediate effect”). Harold Schuitmaker advised attendees at this year’s Annual Probate and Estate Planning Institute that lawyers should begin to include the new acceptance provisions, lifted right from the statute, in their powers of attorney now. Banks really like having a signed acceptance ...
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Michigan Supreme Court Adopts New Citation Manual

By Amy M. Krieg posted 11-11-2014
2 people recommend this.
The Michigan Supreme Court abolished the Michigan Uniform System of Citation by Administrative Order No. 2014-22 . As a young attorney, my reaction to this was uncertainty, as I momentarily wondered if I was going to have to change my citations which had just started to become habitual for me. The Michigan Supreme Court has now ordered that attorneys follow the Michigan Appellate Opinion Manual, which mentions nothing about citations in its title. This title disappointed me, because if an attorney from out of state (like I was at one time) were to search through Google, or some other search engine, to find out how to cite to an opinion or statute in his ...
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Office Sharing with an Eight-Year-Old

By Rebekah Page-Gourley posted 10-16-2020
1 person recommends this.
Like most parents, I had to significantly adjust my work routine this past spring. My husband and I have been lucky enough to be able to work remotely, but doing so with our son at home definitely has its challenges. That said, now that my son and I have had some time to adapt to sharing an office space, I’m able to identify some undeniable advantages. If you’ve got a kiddo for an office mate or are in the market for one, consider the following benefits: Frequent snacks and ergonomic adjustments . If you’ve customarily found yourself in an energy rut first thing in the morning, later in the morning, right after lunch, towards the late afternoon, or even ...
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When Elderly Parents Can’t (or Shouldn't) Drive

By Stephanie L. Stenberg posted 02-22-2016
1 person recommends this.
I’m currently struggling with how to get an elderly parent to stop driving. I’m not alone in this matter—across the country, Baby Boomers everywhere are facing the same issue with their aging parents. Do you know what to say if a client asks you about options? While some states have shorter renewal periods for driver’s license renewal, Michigan does not . If an elderly parent isn’t safe driving but refuses to stop, here are some options: Talk to them. The first step is, of course, is to share your concerns with mom or dad about their driving and ask them to stop. It’s not easy—Baby Boomers said asking a parent to ...
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Don’t Make Me Go Downstairs for the Footnotes

By Cindy M. Huss posted 07-13-2015
1 person recommends this.
A few weeks ago at the ICLE Litigation Advisory Board meeting, Judge Lawson said he returned a brief to a party, requiring that the citations be moved from the footnotes to the body of the brief. He not only prefers it that way, he has formalized his preference in his Practice Guidelines : All briefs must comply with Eastern District of Michigan Local Rule 5.1 and , and must contain citation to appropriate authorities within the text of the brief (not in footnotes) …. In addition, briefs must contain a concise statement of facts supported by references to the record. Footnotes are discouraged, but if they are utilized they must be printed in ...
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Don’t Be an Island

By Rachael M. Sedlacek posted 01-08-2018
2 people recommend this.
Isolation can be a common woe among attorneys, and we should really do something about it. Indulge me in a little frolic and detour before I circle back to this preachy statement. Many of my own moments of isolation occurred before social media and smartphones and working remotely were integral to our existence. So daily life forced me into live human interaction, and I benefited from it most of the time. But now it’s much easier to avoid connection. Research suggests , however, that these patterns are causing staggering levels of anxiety, depression, and loneliness among teens. It’s not too much of a leap to suggest isolation is affecting us as well. This ...
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The Communication Tool You Should Be Using—Google Hangouts

By Jeffrey E. Kirkey posted 02-25-2015
1 person recommends this.
I am a huge fan of Google Hangouts. I use it routinely for both work and personal communication. Using my laptop, tablet, or smartphone, I can get and send instant messages, make free phone calls (yup, even tablets can make calls with Wi-Fi, not cell towers), and start video chats with anyone around the world so long as they have a Google account and a webcam. I’m impressed by the video quality and the way that Hangouts spotlights whoever is speaking. Skype and FaceTime are fine, but Google Hangouts has powerful tools that those do not. Here are a few ideas for using Google Hangouts in your law practice. Face-to-face discussions. Easily start a video ...
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Don’t File in Bad Form(at)

By Noah C. Hagan posted 10-27-2014
2 people recommend this.
We’ve all been there. The filing deadline is fast approaching, but your brief is half a page over the page limit. “I really should keep editing,” you think to yourself. But the clock keeps on ticking. “What if I just adjust the line spacing (or margins or font) and see if I can get this down to where it needs to be?” It is tempting. I mean, what is really the difference between 12 point font and 11.5 point font? Who is going to notice? The court will. Just ask the lawyers for BP in the “Deepwater Horizon” Gulf of Mexico 2010 oil spill litigation. BP was given permission to file a 35-page, double-spaced brief opposing a motion to strike, which was 10 pages ...
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