Tuesday, October 25, 2011

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)

Monday, October 10, 2011

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 7th 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.

Sunday, October 2, 2011

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.