Oakland County Circuit Court Motion Day

An employed paralegal recently offered the advice to “hang out at the court” as a way to get exposure to both lawyers and court proceedings. So, one recent Wednesday morning, dressed up with jacket & tie and trekked out to the Oakland County complex, where the Sixth Circuit court operates.

Visiting various court building was a major part the OCC Paralegal program, so I knew that anything with a camera is strictly forbidden (ex. Phone, computers, etc…). Once inside the building it was hard to know which courtroom to choose out of, at least, the three floors.  The choice ended up being the second floor and I walked into the first courtroom after getting off the elevators.

The judge and her clerks were sitting at the front of the courtroom. When I walked in both plaintiff and defense tables were fully occupied and they were just getting started. It was amazing the speed with which these motions are dealt. There were a half dozen or so, but these were some of the more interesting.

This was a summary disposition motion being brought by everyone. Plaintiff was an insurance company seeking pro-rata payments from 5 defendants for a claim they had to pay involving a motorcycle / automobile accident.  The plaintiff claimed that the defendants represented 5 individuals who were “involved” in the accident. The Defendants all asserted that they were not actively involved in causing the accident. The short version is that the 5 defendants were stopped on the freeway due to construction when the automobile and motorcycle collided behind and then struck them. After everyone made their argument the judge read her opinion (granting the defense motions for summary judgment and denying the plaintiff’s) into the record.

Later there were motions in a cross-complaint. Pizza Restaurant “A” was being sued for payment by Supplier. Pizza Restaurant “A” then sues Pizza Restaurant “B” alleging that “B” pressured Supplier to sever their relationship. The oral arguments for summary disposition from Restauran B included, but were not limited to, claims that Restaurant “A” didn’t respond in timely fashion, didn’t respond completely, and that a sound business reason is a complete defense to a “tortuous interference with a business relationship” claim. Arguments from Restaurant A included, but were not limited to, that the allegation didn’t cover just illegal actions but also improper motives which was indicated because Restaurant A targeted the suppliers relationship with Restaurant B. The judge picked up and read her ruling into the record: Granting summary judgment for the 3^rd Party Defendant.

After a motion to adjourn the scheduled dates for 60 days on a mortgage forgery case, one of the attorneys stood to make a motion to admit a lawyer to the bar. Reciting an impressive biography of scholastic, extra-circular, and community achievements the other attorney concurred with the motion. The judge called the new lawyer to the bench, stood and applied the oath to the new lawyer. According to one source, this was not a unique event but was a special one to witness!

Divorce Judgment: “What Can I Do For You”

After the last civil case motion was heard I meandered down the hall to another courtroom that happened to be hearing family / divorce motions. This was more interesting because the judge was more inquisitive of the parties appearing in front of her, which were usually the actual individuals whose lives would be impacted by her rulings.

 The first motion was involving an ongoing custody situation where a young father was trying to get visitation with his son. The judge said that he was doing everything right and to keep it up.

But there was one issue that stuck out. The defendant’s attorney got up and started recounting the procedural history of the case stretching back to 2001 (“seven attorneys and four judges…”). Then he talked about the divorce judgment entered in 2001. The plaintiffs attorney talked about the dire condition of her client. The defendant talked about how his client had gone from a partner in a successful business to nearly broke today. Throughout, the judge pointed out that she didn’t have the ability to change the judgment of divorce and that neither party was in a particularly unique situations (“I’ve seen so many people in your position I could start a support group”).

“What can I do for you?” She would ask. The lawyers would then continue on their rants. Eventually, though a lot of back and forth in this way, the claim came out from one side that he still owed a couple hundred thousand dollars and his side was that he lacked the ability to pay it. So the final judgment was to schedule discovery and come back in 90 days, or so, and see what could be worked out.

All in all, the county circuit court was both interesting and informative. Taking the time and effort to go out and watch it in action is a good idea. If possible, becoming a regular there would also be a good idea for making initial and ongoing contacts. Can’t hurt to know court personnel, either. Maybe another good idea would be to check out the local district court, as it’s closer and easier to access.

Adventures at the MI-AGC: Recievership, Pt 1

During the time a lawyer is actively practicing, their filing cabinet can gather all manner of sensitive and important documents over the years and may hold anything from business records to unfiled wills or deeds to records of litigation. Who do they belong to and what happens to them?

If an attorney sells their practice (or their interest in a firm) there are rules to follow how the transfer happens. Among these are: A timely notice to clients telling them of the right to obtain their files, hire a new attorney, or staying with the attorney who is purchasing the practice.

Not all practices are so neatly closed or transferred; sometimes an attorney dies unexpectedly or abandons their practice for some reason. Their clients interest still deserves to be protected, so what happens in those cases? When the lawyer was a member of a firm the situation is fairly easy.  Ex. with the client’s written consent the firm can continue the representation, or they can find a new attorney[1].

For a solo practitioner it could be a little more difficult. The Chief Judge of the local circuit court can be asked to appoint a Receiver to handle the winding down of the office, including disposing of the files, while protecting the interests of the clients. One reading of the rules is that the Attorney Grievance Administrator has to make that request[2]. The Receiver, however, can be any individual and in as a very last resort the office of the Administrator can act as the Receiver.

For inactive files it is one of those processes that sound very simple: Examine the files, determine which documents have “independent legal significance,” return them to the clients. This is where interesting and unexpected things can pop up in the files. In future installments I’m going to share with you (as it is possible) some of the things found during the examination of files in my short internship experience.

---

[1] MCR 9.119(G)(1)

[2] MCR 9.119(G)(2)

October 7th Pro Bono Fair

A few weeks ago an e-mail arrived asking for a couple of NALS members to volunteer to help out with the October 7^th Pro Bono Fair at the Thomas Cooley Law School in Auburn Hills sponsored by the Michigan State Bar Pro Bono Initiative. What we were asked to do was fairly simple: Greet participants, sign them in, and answer any questions that come up.

The other volunteer turned out to be none other than the current President of NALS of Michigan: Sandy Lavender. We talked a little between greeting guests and students asking questions. She gave me some advice on other job search tactics, the most interesting one was “hang out at the court house.” Also had the opportunity to meet Robert Mathis who is the Pro Bono Service Counsel at The State Bar of Michigan and Julie I. Fershtman, the newly elected President of the State Bar.

The following organizations were represented at the event (from a pamphlet passed out):

Access to Justice Fund: Have “…programs to increase resources for civil legal aid for the poor in Michigan.”

ACLU (Detroit): Cooperating attorneys from large, small, or solo firms taking time to work on ACLU causes and cases.

Christian Legal Aid of Southeast MI: Offers legal advice and spiritual counsel to low income people in a variety of areas.

Common Ground: Provides a variety of programs to assist individuals and families “in crisis,” including two legal clinics per week.

Community Legal Resources: Provides various opportunities to work with / for nonprofits in Michigan who serve low income communities.

Family Law Assistance Project: “…a collaboration of Lakeshore Legal Aid and Thomas M. Cooley School of Law Auburn Hills Campus to provide free legal assistance to very low income people in Oakland County Circuit Court…”

Lakeshore Legal Aid: Providing free legal assistance with family law to very low income people of Macomb county, primarily involving abuse or access.

Legal Aid & Defender Association, Inc.: Michigan’s largest provider of civil and criminal legal services to low income residents, with offices in the tri-county area.

Legal Assistance Program for Seniors: Provides low cost and free services to residents of Macomb County aged 60 years and older on a wide variety of issues from age discrimination to wills.

Thomas M. Cooley Law School Service to Soldiers Program: Provides opportunities for attorneys to represent low income military personnel who are deploying to, have been deployed to, or are returning from combat zones for a range of legal issues.

While the event was specifically geared towards attorneys, it is possible there would be volunteer opportunities for paralegals as well.  For those of us who are “newly minted” an opportunity to volunteer may also provide that all important legal experience as well putting us where we can meet other legal professionals and demonstrate our abilities.

Tell Me About Yourself

The best place to start is a introduction of the principle characters. That would be me: Alex. As of this summer I earned an Associate degree from the Oakland Community College paralegal program. Core paralegal classes dealt with civil law, with special topics like probate, immigration, criminal, and other areas. The program covered everything from substantive law (contracts and torts) to research and writing. As part of this experience an opportunity to be an unpaid intern at the MI Attorney Grievance Commission presented itself. 

The MI Attorney Grievance Commission (AGC) is the proprietorial arm of the MI Supreme Court that handles complaints about attorneys. The primary area that utilized my assistance was the Trust Account Overdraft Notices...banks are required to notify the AGC if a lawyers trust account is overdrawn...and receiverships. This was a great experience and exposed me to a variety of activities.

This newly gained fancy-pants learning is built on years of real world work experience in various venues. Most recently in the auto industry, where I last worked as an assistant buyer / expediter for a local automotive supplier. We were, literally, the nuts and bolts of the vehicles: Selling fasteners to tiered suppliers and the OEM's. My special niche was dealing with the overseas suppliers. That included authorizing shipments and coordinating with our logistics company and tracking shipments in transit for estimated delivery times. The position included monitoring stock levels, customer requirements, and delivery dates from our suppliers.

An earlier position, with a different supplier, was that of plant receptionist and payroll clerk. Working under the HR department was illuminating. How some people game them system to their best advantage while others act conduct themselves as adults. This was the manager that taught me “90% of the rules are made for 3% of the people.” While the numbers are grabbed out of the air…the lesson was clear.

Between those two positions was an opportunity to work for one of the Big Three, starting as a support for the buyers of the electrical team. In this position I would enter contract changes and correction, make part number changes, create presentations, or all sorts of support activity. More than simple administrative support this involved creativity and analysis. So much so, that I got a “promotion” to be a buy for ALL antennas and infotainment cables for GM vehicles. That role involved managing 15 suppliers which involved sourcing new parts, market testing existing parts, negotiating price reductions, and dealing with routine business matters with the supplier.

Before the automotive business was retail bookselling: A general bookstore, Metro News Center, and a specialty one, Construction Bookstore. The general public can present unique challenges, because for every couple of wonderful customers who are nice to assist there’s the one that just has to try a retail person’s last nerve. But, have to be professional and do the job as best as possible. I realize now that if it paid a living wage, ‘bookseller’ would be my job of choice.

The first type of jobs I worked was basic customer service: Receptionist for Hospice of SE Michigan and teller at Michigan National Bank. It was my role to assist customers, patients, and family members in a variety of ways. It was in these positions that the first lessons in teamwork were taught. Everyone has a part to do if we’re to successfully meet the needs of the people we’re serving.

This was to be a quick introduction. Evidently summarizing a professional life of eleven employers (not all represented here) over 27 years covering five industries doesn’t lend itself to an Elevator Speech. But it does suggest what this experienced worker brings with him as this adventure in writing commences.