May 2012 new - Ingham County Bar Association
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INGHAM COUNTY BAR ASSOCIATION BRIEFS JUNE 2012 I NSIDE T HIS I SSUE 2 About ICBA and BRIEFS 3 On the Docket 4 Local Legal Events 7 In BRIEF 9 President’s Message 10 Probate Law: Helping clients give back 12 Probate Law: Recent Court of Appeals probate and trust decisions 14 Courtoom Do’s and DONT’s 16 Shrimp Dinner highlights 18 iPick : Online storage and syncing (part 2) 20 Computer Tech Tips: Are you getting ripped off on web hosting? 21 Points to Practice: The art of writing thank you letters 24 Judicial election candidates 31 Advertisement Information Please see Work release on page 22 Possible tightening of work release by Brett DeGroff [email protected] A pair of bills offered in the wake of the killings last September of Delta Township residents Michael and Terri Greene would significantly tighten requirements for prisoners on work release throughout the state. SB 1126 and SB 1127 would amend Michigan’s Code of Criminal Procedure to require any prisoner participating in a work release program to wear a GPS tether, and would require courts to verify employment or enrollment in school before ordering release. Additionally, the Department of Corrections Bureau of Probation would be required to MSU College of Law helps start innovative nonprofit for Detroit youth by Latoya Jackson sbnp@law .msu.edu, ATTN: Latoya The Michigan State University College of Law Small Business & Nonprofit Clinic has been a key partner in starting the Metro Achievement Connection, Inc. (MAC), one of Detroit’s most cutting edge nonprofits. MAC recruits the community in solving Detroit’s educational problems. The Clinic drafted MAC’s organizational formation documents, including articles of incorporation, charitable solicitation license and bylaws. It also filed MAC’s IRS 501(c)(3) tax-exempt application and provides continual legal counseling. As it helps nonprofits and small businesses, the Clinic educates MSU College of Law students about community practice. Second- and third-year law students practice law supervised by experienced clinical faculty who are members of the State Bar of Michigan. MAC may be a long-awaited solution to the problems facing Detroit’s public schools and its youth. In 2008, a national spotlight fell on Detroit’s dire education problems. Detroit high schools announced graduation rates below 65 percent, but America’ s P romise Alliance and Education W eek reported only a 25 percent graduation rate, the lowest in the country. In Please see MAC nonprofit on page 23 Shrimp Dinner pix inside!
Transcript of May 2012 new - Ingham County Bar Association
INGHAM COUNTY BAR ASSOCIATION
BRIEFSJUNE 2012
INSIDE THIS ISSUE
2 About ICBA and BRIEFS
3 On the Docket
4 Local Legal Events
7 In BRIEF
9 President’s Message
10 Probate Law: Helpingclients give back
12 Probate Law: Recent Courtof Appeals probate andtrust decisions
14 Courtoom Do’s and DONT’s
16 Shrimp Dinner highlights
18 iPick : Online storage andsyncing (part 2)
20 Computer Tech Tips: Areyou getting ripped off onweb hosting?
21 Points to Practice: The artof writing thank you letters
24 Judicial electioncandidates
31 Advertisement Information
Please see Work release on page 22
Possible tightening of work releaseby Brett [email protected]
A pair of bills offered in the wake of the killings last September ofDelta Township residents Michael and Terri Greene would significantlytighten requirements for prisoners on work release throughout the state.
SB 1126 and SB 1127 would amend Michigan’s Code of CriminalProcedure to require any prisoner participating in a work release programto wear a GPS tether, and would require courts to verify employment orenrollment in school before ordering release. Additionally, theDepartment of Corrections Bureau of Probation would be required to
MSU College of Law helps startinnovative nonprofit for Detroit youthby Latoya [email protected], ATTN: Latoya
The Michigan State University College of Law Small Business &Nonprofit Clinic has been a key partner in starting the Metro AchievementConnection, Inc. (MAC), one of Detroit’s most cutting edge nonprofits.MAC recruits the community in solving Detroit’s educational problems.The Clinic drafted MAC’s organizational formation documents, includingarticles of incorporation, charitable solicitation license and bylaws. It alsofiled MAC’s IRS 501(c)(3) tax-exempt application and provides continuallegal counseling. As it helps nonprofits and small businesses, the Cliniceducates MSU College of Law students about community practice. Second-and third-year law students practice law supervised by experiencedclinical faculty who are members of the State Bar of Michigan.
MAC may be a long-awaited solution to the problems facing Detroit’spublic schools and its youth. In 2008, a national spotlight fell on Detroit’sdire education problems. Detroit high schools announced graduation ratesbelow 65 percent, but America’s Promise Alliance and Education Weekreported only a 25 percent graduation rate, the lowest in the country. In
Please see MAC nonprofit on page 23
Shrimp Dinner pix inside!
BRIEFS June 2012 Page 2
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Ingham County Bar AssociationP.O. Box 66Grand Ledge, MI 48837http://www.inghambar.org
ICBA Executive DirectorMadelyne Lawry, 627-3938
ICBA BOARD OF DIRECTORSPresident Scott Mandel, 371-8185
[email protected] Stacia Buchanan, 303-1630
[email protected] President Catherine Groll, 703-1100
[email protected] Jessica Fox, 663-3306 [email protected] Liisa Speaker, 482-8933,
[email protected] Pres. Pat Gallagher, Jr., 853-1500
[email protected] Ard 655-9782 [email protected] Babcock 580-3485, [email protected] Brennan Jr. 351-9124
[email protected]. Clinton Canady III 483-6524, [email protected] Chartier-Mittendorf 482-2000
[email protected] Hanselman 374-9181, [email protected] Hoover 333-0306, [email protected] Kellogg 377-0890, [email protected]
SECTION CHAIRSBankruptcy LawAndrew J.Gerdes 853-1300, [email protected] Witte 485-0070, [email protected]
Child WelfareJodi Latuszek 373-4987, [email protected]
Criminal LawMike Nichols 482-9000, [email protected] McCormick 483-6108, [email protected]
Family LawCarrie Folts Huff 482-0222, [email protected] Selin 482-0222, [email protected]
Probate & TrustMary Schrauben 371-5361, [email protected] Teahan 622-4121, [email protected]
Real Estate LawPat Gallagher, Jr., 853-1500,
Young Lawyer Section (YLS)President: Melissa Keener 324-8700
[email protected]: Shenique Moss 373-1130
BRIEFSPublished by the Ingham County Bar Association nine timesa year, September through June, with a combinedDecember/January issue.
Publications Committee Co-ChairsLiisa Speaker Jessica Fox 482-8933; fax 482-8936 [email protected] [email protected]
EditorBecky Scott [email protected]
Author GuidelinesWriting for BRIEFS is an excellent way to publicize
your expertise, and we encourage your submissions!Please send ideas for articles or completed articles to theeditor via e-mail. If you do not receive e-mail confirmationwithin 24 hours that your article has been received, pleasefollow up with a phone call.
Include your byline, your e-mail address, and a 2- to3-sentence biography. Please also send a photo ofyourself in .jpg or .png format, in color if possible.
Submissions are due the 15th of the month for thefollowing month’s issue, e.g. April 15 for the May issue.Exception: the deadline for the December/January issue isNovember 30. Guidelines for article length:
IN BRIEF notices: 100 to 200 wordsLocal legal notices: 100 to 150 wordsColumns: 300 to 500 wordsArticles: 700 to 1000 wordsAds: 20 to 60 words
AdvertisingTo place an ad, contact ICBA Executive Director MadelyneLawry at 627-3938, [email protected].
BRIEFS CommitteeBRIEFS publication meetings are held the 2nd Monday ofthe month at noon, usually at Speaker Law Firm, 230Sycamore in Lansing. Committee members:Josh Ard, [email protected], 655-9782Lisa Babcock, [email protected], 580-3485Scott Breen, [email protected], 324-1021Christine Caswell, [email protected], 487-8950Derrick Etheridge, [email protected], 325-3031Jessica Fox, [email protected], 663-3306Deborah B. Frederick, [email protected], 483-6302Jason T. Hanselman, [email protected], 374-9181Valerie Lafferty, [email protected], 349-6660Jodi Latuszek, [email protected] 373-4987Michael J. Nichols, [email protected], 432-9000Gregory Palmer, [email protected], 616-459-6700 x303Lori Pourzan, [email protected] 394-2985x240Kevin Schumacher, [email protected] 482-3800Joshua S. Smith, [email protected], 335-1238Amy Timmer, [email protected] 371-5140Charles R. Toy, [email protected] 371-5140
BRIEFS June 2012 Page 3
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On the Docket
ProgramProgramProgramProgramProgram Start TimeStart TimeStart TimeStart TimeStart Time LocationLocationLocationLocationLocation CostCostCostCostCost RSVPRSVPRSVPRSVPRSVP
Tuesday Noon Family Law section Free by June 19June 19 Topic:Up and coming qualified domestic RSVP here
relations order (QDRO) procedures andsecurity interests to be added in QDROs.Speaker: Bob Treat from QDRO Express.State Bar of Michigan, 306 Townsend Street map
Saturday 9:30 a.m. - Young Lawyers Section Career Seminar Free by June 16June 23 2 p.m. Topic: “Expand Your Practice: Ways to
Jumpstart Your Career.” See details page 4.Room 11, Cooley Center, 300 S. CapitolRSVP to [email protected]
Thursday 7:05 p.m. Young Lawyers Section Lugnuts Game $10/box ticket by June 8July 5 Have fun with your YLS friends at a Form, p. 6
Lugnuts game! See details, page 6.For more info, contact Melissa Keener [email protected]
Monday Noon ICBA BRIEFS Board Meeting Open to allAugust 13 Speaker Law Firm BRIEFS contributors
230 N. Sycamore St, Lansing. map
Saturday 8 a.m. - ICBA Bench-Bar Conference $25 members by Sept. 14October 6 12:30 p.m. Veterans Mem.Courthouse, 313 W. Kalamazoo $35 nonmembers RSVP here
Sponsorship $200, download form.Space is limited. RSVP early!
For all ICBA events and registration links, go to https://inghambar.org/calendar/cEvent.php
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For legal events hosted by ICBA, see “On the Docket” on page 3.
Local Legal Events
ICBF Annual Golf Classicto be held June 12
Ingham County BarFoundation’s 8thAnnual Memorial GolfClassic will beTuesday, June 12 atCountry Club ofLansing, 2200 MooresRiver Drive.Registration andlunch will be 11 a.m.to 1 p.m.; theShotgun Start will beat 1 p.m.; and a
program and awards ceremony will be at 5 p.m.To sponsor a hole, download forms here.Registration forms available here.
ICBA YLS hosts careerseminar on June 23
The Ingham County Bar Association YoungLawyers Section will host Part 1 of the “ExpandYour Practice — Ways to Jumpstart Your Career”seminar series from 9:30 a.m. to 2 p.m. Saturday,June 23 in Room 911 of the Cooley Center, 300S. Capitol Ave. in Lansing.
Seminar topics will include:· The Art of Networking· Financial Planning Tips for the Young
Attorney· Fundamental Tips on Client Development· Ways to Expand Your Practice Area· Incorporating Pro Bono Into Your CareerCoffee and doughnuts will be provided during
the check-in period from 8:30 to 9:00 a.m. Lunchwill also be provided. Seating is limited. To registerfor this FREE seminar, please send an email [email protected] by Saturday, June 16, 2012.Law students are also welcome.
SBM YLS Summit June 15, 16The State Bar of Michigan Young Lawyers
Section will host its 5th annual Summit on June 15and 16 at the Westin Book Cadillac Hotel inDetroit. A networking reception Friday evening willbe followed by a full day of programs on Saturdayand a cocktail reception and dinner Saturdayevening. Seminar topics include:
· Divergent Paths to the Bench: You Can GetThere, Here’s How!
· Stand and Deliver: Becoming a Better PublicSpeaker
· Meet the Rainmakers: BusinessDevelopment Tips for Solos & AspiringPartners
· Slaying Goliath: Ways to Tackle Your StudentLoans AND Save Money
· Alternative Careers for Young Lawyers· Counsel for the Counselor: Negotiating the
Work/Life Balance and Avoiding Burnout· Knowing Your Evidence Objections· Starting Your Own Practice on a Limited
Budget· Persuasive WritingThe cost after June 1 is $55 members, $40
guests. To register, visit http://michbar.org/younglawyers/news.cfm.
A block of rooms has been reserved at theWestin Book Cadillac Hotel at a special rate of$129/night for Summit attendees. Reservations canbe made at https://www.starwoodmeeting.com/Book/sbmyls.
ICBA YLS Lugnuts fun July 5The Young Lawyers Section of ICBA is going as a
group to a Lansing Lugnuts baseballgame onThursday,July 5. Cost is$10 -- RSVP byFriday, June 22using the formon page 6.
Please see Local Legal Events on next page
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Catholic Lawyers GuildSpring Luncheon June 20
The Spring Luncheon of the Catholic LawyersGuild of the Dioceses of Lansing will be heldWednesday, June 20 at the St. Mary CathedralParish Hall. All are welcome to attend. For moreinformation, contact Laura Skriba at 277-8200 orgo to http://home.catholicweb.com/lansingcatholiclawyersguild/
Local Legal Events (cont.)NALS board mtg & educationmeeting on firework safety
The National Association for Legal Secretarys/Professionals will hold its board meeting fromnoon to 1 p.m. Thursday, June 7at Dickinson Wright Law Offices,215 S. Washington Square. AllNALS of Lansing members areinvited. RSVP to Beverly Bishopat [email protected] orcall 881-8061.
NALS will hold aneducation meeting on“Fireworks Safety - TheMichigan Fire Prevention Code and the newMichigan Fireworks Safety Act” from 5:30 to 7 p.m.Wednesday, June 13 at Delta Township Fire StationNo. 1, 811 N. Canal Road, across from Horrock’sFarm Market. Attendees will also tour the firestation. RSVP by Tuesday, June 12 to RSVP toBeverly Bishop at [email protected] or call881-8061.
The Catholic Lawyers Guild is organized tofoster spiritual growth and fellowship amonglawyers and law students; to enhance appreciationand observance of high ethical standards in lawpractice; to promote advancements injurisprudence and improvements in theadministration of justice by working for greaterharmony between human law and divine law; andto encourage attentiveness among lawyers to theweightier matters of the law - justice, mercy andfaith; that our competence in secular disciplinesmay serve to promote human dignity and thecommon good.
Michigan Notable Books author speaks at Cooley On Wednesday, May 16, Jack Dempsey, author
of Michigan and the Civil War: A Great and BloodySacrifice, visited Cooley Law School’s Lansingcampus to talk about his latest book as part of the2012 Michigan Notable Books Program. The bookoffers a glimpse into Michigan’s role in thepreservation of the Union. Dempsey explained thatMichigan has a history of being pro-freedom andanti-slavery and talked about the great sacrificeMichigan made with its 90,000 men (and somewomen dressed as men) who served in the CivilWar. Nearly 15,000 Michigan soldiers died. He saidthat no other state suffered proportionately morelosses.
All of the author’s proceeds will go to fund acelebration of the sesquicentennial (150-year)anniversary of the Civil War from 1861-1865 in2015. Dempsey is vice president of the MichiganHistorical Commission, Chair of the MichiganHistory Foundation, and Chair of the Michigan Civil
WarSesquicentennialCommittee. He is amember of the AnnArbor Civil WarRoundtable andthe Civil War Trust.
Each year, theMichigan NotableBooks list features20 books publishedduring the previouscalendar year thatare about, or setin, Michigan or the Great Lakes region, or arewritten by a native or resident of Michigan.Jack Dempsey, author of Michigan and the Civil War: A Great and
Bloody Sacrifice, addresses the audience at Cooley Law School’s
Lansing Campus on May 16 as part of the Michigan Notable Books
tour.
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young lawyers section of ingham county! Lansing Lugnuts vs. Great Lakes Loons
thursday, july 5th, 2012 @ 7:05 pmsit with a bunch of your
lugnuttiest friends! We’ve reserved a block of seats
especially for our group, and
ordering together is the only
way to join us! Fill out the
order form below and submit it
to guarantee you get to enjoy
the game with all your buddies!
you might be a winner! Someone from our group will
win a special Lugnuts gift in the
group raffle! Ask your group
leader for your raffle form before
you head to the game! Winners
will appear on the scoreboard in
the 7th inning!
say lugnut! A Luggie’s Moments
photographer will
find our group in the stands
and take our picture! You can
download the complimentary
keepsake on the Lugnuts’
website 2 days after the game!
ticket order formName:
Address:
Phone:
Email:
# of Box Tickets: @ $10.00=
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
name in lights! Our group will be recognized
by the entire stadium on the
scoreboard and welcomed with
a P.A. announcement at
Cooley Law School Stadium.
It’s one of the many benefits
for attending a game as a
group!
Order Deadline: Friday, June 22
Please return this form with payment to: Melissa Keener
or Kohl Tyrrel at 505 E. Michigan, Lansing, MI 48912
Hurry! ...The absolute last day to order is: Friday, June 8th
Please pay by cash or make checks payable to: Lansing Lugnuts
For more information please contact: Melissa Keener at [email protected]
it’s more than a game! It’s Labatt Blue Light Thursday
and that means Thirsty
Thursday specials all around!
Enjoy $2.00 beer and fountain
drinks, plus a free post-game
concert after every Thursday
home game!
booms & bangs! What better way to conclude
your night than LAFCU
Fireworks! Stick around after
the game, sit back and enjoy as
crowd-pleasing fireworks fill the
sky to classic rock favorites and
music that reminds you it’s
summer!
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In BRIEFWLAM votes in new leadership
The Mid-Michigan Chapter of Woman LawyersAssociation of Michigan has voted in a newleadership team for 2012/13.
President Torree J. Breen is a shareholder ofWillingham and Cote, P.C.. She is a member of theLitigation Group and specializes in divorce, childcustody disputes, no-fault litigation, and insurance
coverage. Torree served aspast president of theICBA’s Young LawyersSection. She is a boardmember of the EatonCounty Child AbusePrevention Council and iscurrently involved in “100Women Who Care.” Shegraduated cum laude fromMSU School of Law andmagna cum laude fromAlma College.
Vice President TishVincent is program
administrator for the State Bar of Michigan Lawyersand Judges Assistance Program. Previously shepracticed health law and mediation in solo practicein East Lansing. Tishpracticed as a mentalhealth and substanceabuse therapist in EastLansing for over 20years, and is nowcombining her twocareers to offerservices to the lawyersin the state.
Treasurer LoriHerr is the presidentof Heisler Law Office.She attended lawschool at Thomas M. Cooley law school. Loripractices in the areas of family law, including:divorce, separation, child custody, child support,spousal support, domestic abuse, adoption,prenuptial agreements, co-habitation agreements,and guardianships. Lori also practices in the area Lindsay Dangl
Lori Herr
Tish Vincent
Torree Breen
of military law. Sheassists veterans andservice members withdivorce, supportissues, retirementdivisions, separationagreements, and more.Lori is a member of theState Bar of Michigan,ICBA, and WLAM.
Secretary LindsayDangl graduated fromMSU James MadisonCollege in 2006. Sheattended MSU College of Law, graduating magnacum laude in 2009. Lindsay has been employed byMurphy & Spagnuolo, P.C. since January 2008, first
as a clerk, then as anassociate. She currentlyhandles various legalmatters including familylaw, workers’compensation, businessgovernance andformation, municipallaw, and civil litigation.She is also a member ofthe Junior League ofLansing and ICBA YoungLawyers Section.
Please send well wishes toPhil Prygoski
Phil Prygoski, a professor at Thomas M.Cooley Law School and long-time ICBA supporter,has suffered a stroke. Phil is the popular co-hostof the “Phil and Bill Show,” one of ICBA’s mostanticipated annual seminars updating memberson cases from the United States Supreme Court.
Phil is still in the hospital, but his family issharing all the cards and notes that they receive.Please let Phil and his family know how much weare thinking of him by sending get well wishes to
Phil Prygoski4404 Alderwood DriveOkemos, MI 48864
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Frank Harrison Reynolds, a shareholder atthe law firm of Foster Swift Collins & Smith PC,was presented with the Anne SchneidewindLifetime Impact Awardby Big Brothers and BigSisters for the MichiganCapital Region at theKellogg Center atMichigan StateUniversity. Reynoldsreceived this award forhis untiring service andcommitment tomentoringdisadvantaged youth inthe community. Formore information aboutthe event, see thearticle on page 30.
Focusing his practice on criminal defense,family law and professional and occupationallicensing, Reynolds is a member of Foster Swift’sGeneral Litigation practice group. In recognitionof his contributions to the practice of law and hiscommitment to ensuring high standards ofpractice, Mr. Reynolds has received numerousawards and recognitions, including leadershippositions in the local and state bar associations,and numerous selections as special prosecutor.Reynolds completed his undergraduate studies atMichigan State University and received his lawdegree from Thomas M. Cooley Law School.
In BRIEF (cont.)Foster Swift attorney, Michael Harrison, was
presented the 2012 Glen L. Taggart Award forCommunity Contribution to InternationalUnderstanding, an award given by Michigan StateUniversity. The award was presented, on behalf ofthe MSU Board ofTrustees, by JeffreyRiedinger, the Dean ofInternational Studiesand Programs.Harrison wasrecognized for hislong-standing passionfor internationalunderstanding andcooperation throughhis work to assistLibyan students inEast Lansing this pastyear. After a cut offfrom funding as aresult of the civil war in their homeland, Harrisonworked to develop a support network of attorneysto handle political asylum matters and assist inother ways for Libyans at MSU.
Before joining Foster Swift in 2001, MichaelHarrison served as a judge of the 30th JudicialCircuit of Michigan for nearly 25 years. He wasChief Judge for 12 years and served by assignmenton the Michigan Court of Appeals on a number ofoccasions. Harrison completed his undergraduatedegree at Albion College and received his lawdegree from the University of Michigan Law School.
MIchael Harrison
Jeffrey C. Hicks,managing partner ofthe Lansing firm,Hicks & Mullett,PLLC, was recentlyelected secretary ofthe Michigan StateUniversity AlumniAssociation NationalBoard of Directors.
Jeffrey C. Hicks
Frank Harrison Reynolds
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President’s Message: Passing the baton
Scott Mandel
by Scott [email protected]
For my final column as your president, I want to introduce you to yournew president, Stacia Buchanan. For those of you who have not yet hadthe opportunity to meet Stacia, I urge you to do so.
Stacia has been instrumental in revitalizing our Association, helping usreach our goals of increasing our membershipand restoring our fiscal health.
Stacia has been a board member for fouryears. She has served as our vice presidentand president elect. Stacia joined our boardafter making it a point to attend virtually allof our events from the Shrimp Dinner to theBench Bar Conference and our luncheonlectures. By doing that, she got to know anumber of people active in the BarAssociation and we, in turn, found ourselvesa future leader.
Stacia has her own practice, specializingin criminal and family law. Her busy practicerequires her to handle a number of jurytrials. Despite those demands, Stacia hasalways found the time to be active in ourAssociation.
When asked what those of you reading this column can do to helpStacia as she assumes our presidency, she unhesitatingly responded “stayinvolved.” She has also asked that you let the board know what youwould like to see of your Association in the future.
In her time away from the practice of law and her duties with ourAssociation, Stacia is an avid runner. She has a goal of running in a raceeach month, and competes in runs that vary anywhere from 5 kilometersto half marathons.
We are fortunate to have Stacia serve as our new president. I amconfident she will lead us to even greater heights.
Stacia made a point toattend virtually all ofour events from theShrimp Dinner to the
Bench Bar Conferenceand our luncheon
lectures. By doing that,she got to know a
number of people...andwe found ourselves a
future leader.
Stacia Buchanan
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Helping clients give backby Christine [email protected]
Charitable giving was the topic of the Probate & Estate PlanningSection’s May 17 program with Dennis W. Fliehman, president and CEO ofthe Capital Region Community Foundation. The Foundation is one of 65such organizations in Michigan, with the Capital Region CommunityFoundation specifically serving the tri-county area. “We do that primarilyby helping individuals and organizations establish permanent, charitableendowment funds,” said Fliehman. “We invest and manage thoseendowment funds, and then give away the income from the funds in theform of grants that meet a wide variety of charitable needs in thecommunity.” The Foundation allows those who do not have great wealthto make a lasting impact on the community and can handle thebureaucratic issues for those who might have such funds.
Fliehman provided a number of tips for estate planning attorneys insuggesting charitable gifts to their clients, including asking specifically onclient intake forms or in the initial meeting if they would like to includecharitable giving in their overall plan. He explained that it helps clients tobe aware of the organizations like the Foundation, since clients can stilldirect funds to specific organizations through the Foundation whilepossibly providing the client with a tax advantage. Fliehman’s specifictips for attorneys included the following:
• Avoid conflicts of interest — inform clients of any association youmay have when recommending charities, or if you already have arelationship with a charity the client is already intending tobenefit, and document it thoroughly in the file
• Contact the charity about potential planned gifts, but you do notneed to provide the client’s identity
• Correctly identify the beneficiaryo Is it a local, state, national, or international organization?o Are there multiple offices?o Are there other organizations with similar names, i.e. the
World Wildlife Fund and the National Wildlife Federation aretwo separate organizations
• Ensure that charity can use the gift for the intended purpose andthat the gift will not somehow cost the organization more than thegift itself, such as the need to hire more staff to manage theprogram
• Ensure that the client’s goal is still within the agency’s mission andthat any current programs are already fully funded
• Avoid overly restrictive conditions, such as “scholarship forstudent from Eastern High School who lost a parent to cancer andwants to become a doctor”
PROBATE LAW SECTION
Please see Probate on next page
Christine Caswell
Clients can still directfunds to specific
organizations throughthe Foundation whilepossibly providing the
client with a taxadvantage.
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Christine Caswell is a Lansing attorney practicing in the areas ofElder Law, Probate and Estate Planning, and Family Law.
Probate, continued from previous page
The Foundationprovides a number of
different types offunds, from which
clients can choose tobenefit either a specific
charity or a specificfield of interest.
• For endowments, avoid restrictions on investment or spendingpolicieso Wording that is too narrow may limit the organization’s ability
to invest the fundsFliehman noted that the Capital Area Community Foundation is one of
the larger foundations in Michigan with assets of $65 million, distributingover $3 million annually through grants. “The [Foundation] is governed bya 28-member volunteer board of trustees who represent the broad,diverse interests of the community, and who serve withoutcompensation,” he stated. “We are pleased to have had a number ofestate planning attorneys serve as chair of our board, including NancyLittle, Charley Janssen, and Doug Mielock.”
The Foundation provides a number of different types of funds, fromwhich clients can choose to benefit either a specific charity or a specificfield of interest, whether it’s helping the homeless or supporting thesymphony. The minimum needed is $10,000 to start an endowment and$25,000 for a scholarship fund. But the Foundation also has a number ofexisting endowments to which individuals can contribute smaller amountsas well.
“One of the greatest benefits of using the Community Foundation isthat an endowed fund…will be in existence forever, leaving a permanentlegacy of good work in the community,” Fliehman noted. “And, as thecommunity’s needs change over time, say 100 years from now, theFoundation will still be there, ensuring through its board of trustees thatits assets are being used in a manner that is best suited to meeting thoseneeds. A final benefit of [the Foundation’s] permanence is that yourclients can be assured that by establishing an endowment fund with [us],the funds will remain in an endowment and not be used by thebeneficiary charities for operating funds.”
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Christine Caswell
Recent Court of Appeals’ probate & trustdecisionsby Christine [email protected]
Retired Calhoun County Probate Judge Phillip E. Harter reviewed tworecent Michigan Court of Appeals cases at the 52nd Annual Probate andEstate Planning Conference in Acme, Michigan in May. Harter, now withChalgian & Tripp Law Offices PLLC, discussed In re Conservatorship forKathryn M. Townsend, _____ Mich App _____ (2011), #296358, 6/23/2011,and Estate of Stephan Bradley v Kent County Sheriff’s Department,_____Mich App_____ (2012), #299640, 3/22/12.
In re Conservatorship for Kathryn M. TownsendIn Townsend, the son petitioned for appointment of a conservator for
his mother, Kathryn M. Townsend, claiming she suffered from diminishedmental capacity and was dissipating her estate. However, “Townsendscored a perfect 30 out of 30 on a mini-mental status examination,” andshe freely admitted that she had been helping numerous family membersto the extent of $440,000.
The probate court found that without proper management,Townsend’s estate would be wasted but also noted that her situation didnot meet the specific criteria for appointment of a conservator under MCL700.5401(3)(a) and (b). The statutory requirements are that a conservatorcan only be appointed if (1) the ward is unable to manage his or heraffairs and (2) the property will be wasted without appointment of aconservator. Eight specific disabilities are listed in the statute. In thiscase, the probate court held that the words “such as” in describing thesedisabilities in (a) did not limit the reasons for appointment of aconservator to just those eight listed. “The probate court then proceededto hold that Townsend was a ‘vulnerable adult’ because [she] could notmanage her own financial affairs,” according to Harter. Townsendappealed.
The Court of Appeals reversed the decision. In interpreting MCL700.5401(3)(a), it agreed that the list of conditions was not exhaustiveand that there indeed might be other conditions which would supportappointment of a conservator. However, the court said if a condition isapplied that is not on the list, it “must be of a similar nature and qualityof the eight listed conditions….” The court also stated that there had tobe an objective standard as to what constituted a disability and foundthat the lower court had made a subjective decision. “The court mustlook at the ability to make decisions, not the quality of the decisions,”Harter stated. “Being foolish is not one of the criteria.”
“The court must look atthe ability to makedecisions, not the
quality of thedecisions...Being
foolish is not one of thecriteria.”
Please see Decisions on next page
PROBATE LAW SECTION
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Estate of Stephan Bradley v Kent County Sheriff’s DepartmentIn Bradley, the probate court issued an order to pick up Stephan
Bradley for psychiatric evaluation. “A pickup order comes under themental health code if a person has a mental illness and is dangerous tohimself or others,” Harter explained. However, the Kent County Sheriff’sDepartment failed to execute the order and Bradley fatally shot himselfnine days later. The personal representative (PR) for Bradley’s estate thenfiled a wrongful death suit against the department alleging that its“negligence and breach of duty caused Bradley’s death.” But the circuitcourt dismissed the suit under governmental immunity because it couldnot be proved that either gross negligence or the “department’snegligence was ‘the’ proximate cause of Bradley’s death.”
The PR then filed a petition in the probate court alleging civilcontempt because the department “failed and refused to execute theorder issued by the Kent County Probate Court,” claiming she had“suffered and continues to suffer damages….” The PR then asked thecourt to find the department in contempt and to award her “damages inan amount the court deems appropriate.” The department filed a motionfor summary disposition arguing that the PR was really asking for tortdamages to which the department was immune. The probate court deniedthe motion for summary disposition, noting “its inherent power to punishcontempt of court where there is a violation of a court order.” Thedepartment then appealed to the circuit court which overturned theprobate court’s ruling for summary disposition. The circuit court foundthat “the power to award compensatory damages is not an inherentcontempt power of the court” but can be awarded pursuant to MCL600.1721. However, in this case, the circuit court found it was a tortaction and that the department was immune as far as damages wereconcerned.
The PR then appealed to the Court of Appeals, which reversed thecircuit court, stating that the only issue it was addressing was whetherthe “circuit court erred in deciding that the [tort liability act] immunizesgovernment actors from compensatory damages for contempt awardpursuant to MCL 600.1721.” According to the Court of Appeals, there isbroad power to award damages under contempt of court actions.“Whether the [act] implicated the validity of [the PR’s] contempt actionrests on whether [the PR] can successfully plead and establish a contemptcause of action,” said Harter. The matter was reversed and remanded tothe probate court.
Christine Caswell is a Lansing attorney practicing in the areas ofElder Law, Probate and Estate Planning, and Family Law.
There is broad powerto award damagesunder contempt ofcourt actions...the
question is whether acontempt cause of
action can besucccessfullyestablished.
Decisions, continued from previous page
BRIEFS June 2012 Page 14
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Courtroom Do’s and DONT’S!Advice from our judges and other courtroom friends
Applications for leave to appeal: Be sure to includeany transcripts that are imperative for your argument asan attachment to your brief. Particularly on issues of pleasand sentencings — it makes it much easier to review yourargument when we are able to have the transcriptattached to the pleading.
Oral Argument: The judges on my bench are alwayswell-prepared for oral argument. Focus on your strongestlegal arguments and don’t repeat the facts, unless there isa particular fact at issue.
Judge Amy Ronayne Krause
The Hon. Amy Ronayne Krause
John D. Gifford & Associates, Inc.Private Investigations, Security Consulting and Electronic
Data Recovery Services for Business & the Legal Professionby Former FBI Special Agents
All Investigative MattersCriminal, Civil and Financial Investigations • Comprehensive Background Investigations •Surveillance — Physical and Electronic • Electronic Counter Measures (Sweeps) • DNA
Testing and Analysis • Audio-Video Recording and Enhancement
Forensic Computer ExaminationElectronic Data Recovery and Analysis • All Digital and Electronic Storage Devices
John D. Gifford J.D. (248) 921-3456P.O. Box 4664, East Lansing, MI 48826 [email protected]
The LSSCM campaign participates in the Access to JusticeCampaign, a partnership of the Michigan State Bar Foundation,the State Bar of Michigan and Michigan’s civil legal aid programs.
Financial Contributions Stewards ($10,000 - $24,999)Dykema Gossett PLLCFoster Swift Collins & Smith PC
Patrons ($5,000-$9,999)Ford Motor CompanyMiller, Canfield, Paddock and StoneNational Philanthropic TrustThrun Law Firm, P.C.Benefactors ($2,500-$4,999)Fraser Trebilcock Davis & Dunlap, PCHonigman Miller Schwartz and Cohn, LLPSinas, Dramis, Brake, Boughton &
McIntyre, P.C.Champions ($1,000 - $2,499)
Robert F. GillettGeorge W. Hare and Janet K. WelchMSU Student Bar AssociationWillingham & Cote, P.C.
Pacesetters ($500 - $999)AnonymousVictor T. AdamoChalgian & Tripp Law OfficesBarbara J. GibsonLoomis, Ewert, Parsley, Davis &
Gotting, P.C.Lee B. ReimannWebb A. SmithTaxation Section of the State Bar Of
MichiganWarner, Norcross & JuddAnn M. Wood
Supporters ($300 - $499)Anonymous (1 donor)Richard J. AaronHon. Louise AldersonCharles E. BarbieriZachary W. BehlerJennifer S. BentleyPatrick J. BerardoRonald W. BloombergDonald J. BonatoBeverly J. BonningJill M. BoothLindsey E. BoschJeffrey W. BrackenPaul M. BrandenburgJay E. BrantJames D.A. ButtreyKeith A. CastoraJames G. CavanaghMichael E. CavanaughScott A. ChernichRussel Allen ChurchAllan J. ClaypoolKari S. CostanzaWilliam J. DanhofRaymond A. DavisPamela Collette DausmanEric D. DelaporteChristopher J. DembowskiNichole Jongsma DerksJennifer Kildea DewaneRobert A. DietzelTimothy J. DonovanEric E. DosterLauren B. DunnMichele R. EaddyAlbert ErnstThomas E. EvansJoel C. FarrarMichael B. FarrellBernard F. FinnSamuel J. FrederickAnna K. GibsonBrian G. GoodenoughGary P. GordonKarl L. GottingJames F. GravesMichael D. GresensMargaret M. HackettCurtis R. HadleyMichael G. HarrisonKevin S. HartyThomas H. HayRoy H. HenleyKirk C. HeraldRichard L. HillmanMatthew F. HiserMichael J. HodgeJames M. HoferMichael D. Homier
Matt G. HrebecRobert G. HuberErica E.L. HuddasRobert M. HurandChristopher J. IamarinoIngham County Circuit Court staffMelissa J. JacksonCharles A. JanssenJames B. Jensen, Jr.Jennifer K. JohnstonStephen I. JurmuPeter M. KempelNancy P. KlukowskiDennis R. KoonsRichard C. KrausMichael E. LarkinDavid M. LickLawrence B. LindemerIris K. LinderMary M. LovikStephen J. LowneyScott L. MandelMartha J. MarceroJanene McIntyreMichael D. McIntyreGary J. McRayThomas R. MeagherJanet A. MendezHarvey J. MessingDouglas A. MielockLiza C. MooreJoe D. MosierNaomi Gaynor NeilsenRyan J. NicholsonJohn P. NicolucciRobert A. NotoMichael G. OlivaSteven L. OwenThomas C. PhillipsJohn D. PirichBenjamin J. PriceArchana R. RajendraMichael C. RampeJeffrey P. RayTimothy D. ReevesDavid M. RevoreFrank H. ReynoldsRonald D. Richards, Jr.Joshua K. RichardsonJ. Richard RobinsonAnn L. RouttDavid R. RussellMichael D. SandersGlen A. SchmiegeJean G. SchtokalPatricia J. ScottTheodore W. SeitzShiawassee CountyGeorge T. SinasStephen Howard SinasWebb A. SmithJeffrey J. SolesThomas M. Spackey Sherry A. SteinMichael W. StephensonScott A. StoreyNicole E. StrattonLisa L. SwemDeanna SwisherBrent A. TitusDavid VanderHaagenGordon W. VanWieren, Jr.Bryan J. WaldmanSherri A. WellmanLawrence O. WellsRichard E. WhitmerJohn A. YeagerContributors (gifts up to $299)
Anonymous (2 donors)Hon. Edwin M. BladenChristine M. CampbellNan Elizabeth CaseyConsumer Bankruptcy AssociationAbby H. CooperCandace A. CrowleyKelly Borel DardzinskiDonna M. DonovanD. Dennis DudleyTom FruechtenichtHon. Carol Hackett GaragiolaMichael B. GaweckiLisa J. GoldVenceslaus GoreSocorro Guerrero
Lauren S. HarknessJoyce E. HensleyMichael A. HolmesThomas J. JewettKurt & Hon. Amy Ronayne KrauseHelen KuhnmuenchDean Don LeDucAndrew S. LevinDale E. MalewskaMarc MartineauBarry J. McGuireH. Kirk MeadowsPaul C. PrattHon. David J. ReaderHon. Julie H. ReinckeLinda K. RexerJohn P. RooneyMary Kay ScullionCharlotte F. ShoupCarol A. SiemonStacy SmithZacharie Adam StephenGuy L. SweetRebecca G. SweetBruce A. TimmonsBrenda E. TurnerSally Lynn WallaceWilliam P. Weiner & Paula R. LatovickRichard R. WeiserHon. William C. WhitbeckSenator Gretchen E. WhitmerJudith M. WoodPaula M. ZeraZonta Club Of LansingGeorge Zulakis & Hon. Laura L. BairdLSSCM Local Circle
of Excellence:Dykema Gossett PLLCFoster, Swift, Collins & Smith, P.C.Honigman Miller Schwartz and Cohn LLPSinas, Dramis, Brake, Boughton &
McIntyre, P.C.Thrun Law Firm, P.C.Warner Norcross & Judd LLP
Donated timeAndrew P. AboodDeborah G. AdamsRobert D. AshleyAmy H. BaileyBrendon G. BasigaDavid R. BrakeTorree J. BreenGeorge M. BrookoverSara J. BrundageRaymond G. BuffmyerRosemary H. BuhlRobert L. ByingtonRichard A. CascarillaNan Elizabeth CaseyDouglas G. ChalgianAbby H. CooperMonica J. CopelandJanice K. CunninghamJoseph W. CunninghamAugust W. DanowskiLeone Sylvia DegraftPeter J. DeRoseDispute Resolution CenterAndria M. DitschmanDan DoyleD. Michael DudleyCarol Jones DwyerJoseph Edward ErnstSteven Mark FeigelsonKathy P. FitzgeraldFrank A. FleischmannRobert G. FlemingAndrew J. GerdesElizabeth C.GhandaklyCatherine GrollSherrie P. GuessCurtis R. HadleyAnn Dee Gamboe HallRodney A. HamptonKara Rachel Hart-NegrichRobert Michael HayesMatthew S. HetznerDuane M. HildebrandtPhilip E. HodgmanJohn J. HomolaC. Mark HooverDavid J. HoustonCarrie E. Folts Huff
Michael JankowskiHon. Marilyn J. KellyJeffrey Scott KemmThomas J. Kizer, Jr.Charles M. KronzekJana L. KurrleValerie Ferrero LaffertyThomas L. LapkaDonald B. Lawrence, Jr. Katie LynwoodJohn Thomas MacDonald, Jr.David MaciasMichael T. MaddaloniDonald E. MartinMarcy R. MatsonRobert E. McCarthyPatrick V. McGivneyDouglas Eugene MeeksWilliam W. MorrisonLawrence Patrick NolanRobin L. OmerMargaret PhilpotSarah L. ReedJacqueline RoesslerJeffrey RothsteinSuzan M. SanfordKimberly Lynn SavageGregory R. SchermerhornMaurice E. SchoenbergerAnna Marie ScottKeldon K. ScottMary Kay ScullionTodd S. SelinDavid L. ShaltzJamie M. SheppardCharlotte F. ShoupAnnette E. SkinnerDan SkorichLaura M. SkribaWebb A. SmithSusan B. Spagnuolo-DalErica G. TerranovaVeronica T. ThronsonRobert Charles Treat, Jr. Amy Rombyer TrippPamela R. TrippEric C. Van SteelD. Louis WeirLawrence O. WellsKris M. YockeyAdvisory Board members:Deborah G. AdamsHon. Laura L. BairdLouis J. BelzerJohn Roy CastilloKurt KrauseMary Kay ScullionSreedevy ViswanathanMelanie WandjiLawrence O. WellsGeorge ZulakisLSSCM Lansing attorneys:Nathaniel E. AquinoAmy M. BarnardSarah Evans BouckLindsey Ann ElyaKara Jo JenningsKellie Andrea MakiRaymond E. NicolLori L. PourzanElizabeth E. RiosBrandon Michael ScottPerry B. ThompsonBoard of Directors:(Lansing office):Janene McIntyreLee B. Reimann Mary Kay ScullionSreedevy ViswanathanMelanie WandjiLawrence O. WellsFOLA Steering Committee:Michael E. Cavanaugh Lee B. Reimann Mary Kay ScullionGifts in honor or in memory of:Sara M. BladenMichael CavanaughAnn ConlanGeorge KrauseJames RobinsonHon. James J. Wood
LEGAL SERVICES OF SOUTH CENTRAL MICHIGAN THANKS OUR 2011 SUPPORTERS
The following local attorneys provided financial assistance and/or pro bono services to the Lansing office of LSSCM, the Michigan Immigrant Rights Center, Farmworker Legal Services, or the Michigan Poverty Law Program
BRIEFS June 2012 Page 16
Link to page 1
Shrimp Dinner highlightsThis year’s ICBA Shrimp Dinner once again saw a packed crowd at the
Leiderkranz Club in Lansing. What was different this year was that it isPhil Valella’s last time as organizer.
“Phil has beenhandling the ShrimpDinner on behalf of theAssociation for morethan 40 years,” saidICBA President ScottMandel. “Phil hasprovided leadership. Heis described by one ofhis cohorts, FrankHarrison Reynolds, asthe ‘heart and soul’ ofthe Shrimp Dinner. Philhas led by example, notonly organizing but alsoproviding the sweatequity.”
Long time volunteers that have helped Phil for more than 40 yearsinclude Christine Perry, Judge Hugh Clarke, Judge Bill Collette, JoanneAdam, Jim White, Kerry Cole, Pam Tripp, George Campbell, Tom Kulick,Kim Eddie, and Frank Harrison Reynolds.
Many thanks to theShrimp Dinner
sponsors for theirgenerous support!
Baird & Zulakis PC
Foster Swift Collins &Smith PC
Fraser TrebilcockDavis & Dunlap PC
Law Office ofCatherine Groll PLLC
Law Offices of ShawnWeera Mertens Laxton
& Clement PLLC
Rancilio & Associates
Speaker Law Firm PLLC
The Nichols Law FirmPLLC
Thrun Law Firm PC
Outgoing ICBA President Scott Mandel lauds Phil Valella for his
many years of service as Shrimp Dinner organizer while
incoming President Stacia Buchanan looks on.
Shrimp Dinner workers From left: Brian Gallagher, George Campbell, John Abbott, G. Alan Wallace,
Tom Kulick, Judge Hugh Clarke, Joanne Adam, Scott Eldridge, Phil Valella, Kim Eddie, Jules
Hanslovsky, Mark Kaufman, and Frank Harrison Reynolds.
Please see Dinner on next page
BRIEFS June 2012 Page 17
Link to page 1
Shrimp Dinner highlights (cont.)
A packed crowd!
Shooting the breeze in the kitchen
Longtime workers Frank Harrison Reynolds and Phil Valella
Jessica Fox, Andrea Larkin and Larry Nolan
Jules Hanslovsky, Judge Cal Osterhaven, and Lori Pourzan
Senator Gretchen
Whitmer and Susan
Mallory
Tony Snyder and
Liisa Speaker
BRIEFS June 2012 Page 18
Link to page 1
Online Storage and Syncing (part 2)by Derrick [email protected]
This month iPick Online Storage and Syncing, again. Last month’scolumn (Part 1) discussed Terms of Service: Who owns your “stuff?” In thismonth’s column (Part 2), I compare the big three: Dropbox, MicrosoftSkyDrive, and Google Drive.
Dropbox was the first company to offer online storage and syncingthat was so easy to use that it was a no brainer to adopt it. In the past, Ihave picked and written about it in this column. Microsoft SkyDrive camenext. It started off a little shaky but recently has made tremendousadvances in catching up with Dropbox. And if you use Microsoft Office,SkyDrive is integrated into its applications. Now we have Google Drive,which appears to be a Dropbox clone that is well integrated into theGoogle ecosystem: Google Docs, Gmail, Google+, etc.
I know you are asking yourself, which one should I adopt? Why? Whatare the differences? To help you answer those questions and to help youmake an educated decision, I put together several tables comparing thecost and some of the important features of each service. These tables arebased on information taken from the services’ websites and Wikipedia, aswell as several articles. For more info, see the sources listed on my blog.
Derrick Etheridge
Use the charts in thiscolumn to decide
which service is bestfor you.
iPiciPiciPiciPiciPick Tk Tk Tk Tk Tececececechnologyhnologyhnologyhnologyhnology
Please see iPick on next page
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Storage v. cost
*Need more storage?Consider a Dropbox
Teams account, whichstarts out at $795/year.
**If you are an existinguser, you may be
grandfathered in to 25gigabytes free storage.
***Additional storage,up to 16 terabytes, isavailable. For more
info, click here.
BRIEFS June 2012 Page 19
Link to page 1
H. Derrick Etheridge, J.D., LL.M., of the Law Offices of DerrickEtheridge, PLLC, is a solo practitioner, whose law practice focuses onCriminal Defense.
Visit my website at www.derricketheridge.com or my blog, theMichigan Criminal Law Blog at www.micrimlawblog.com. For comments,please send me an e-mail at [email protected]. Follow meon Twitter at www.twitter.com/micrimlawtweets.
iPick, continued from previous page
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File sharing - file access - document editing
App integration with service
These tables don’t tell you everything, but are good for comparisonpurposes. You have to take into consideration your workflow and yourtechnology.
Until Microsoft SkyDrive and Google Drive are integrated with the appsI use, I will continue to use Dropbox. I only hope that the competition willbring down its cost.
BRIEFS June 2012 Page 20
Link to page 1
Are you getting ripped off on web hosting?by Chris [email protected]
A web host is a company that stores your website and puts it out ontothe Internet. Unfortunately, I work with a lot of organizations that payhundreds of dollars per year for this service - and that's almost certainlyway too much for your needs.
If you're in this category, I recommend Bluehost for $60/year. Theydon't have storage limits, you can transfer your domain (for example,myfirm.com) for free, and they support major platforms like WordPress,Joomla, and many others. And above all, they offer terrific support whereyou can talk to real people if you ever have questions or trouble figuringsomething out. If you want testimonials, shoot me an email and I'll putyou in touch with local organizations that currently use Bluehost.
If you don't have a techie on staff, I recommend these links forlearning how to transfer your website and transfer your domain. If youstill have questions, feel free to contact me to make sure you're doingeverything right. If you're still not comfortable though, this is something Ican coordinate for you (typically for $150).
Chris Fritz is the founder & CEO of Power On, a computer repair andtech support center, with a strong focus on education. It helps you learnmore and do more with your technology, to save you stress and grant youpower. You can find PowerOn downtown at 114 W. Allegan, online atPowerOnLansing.com, or on the phone at 517-798-6098.
COMPUTER TECH TIPS
Chris Fritz
BRIEFS June 2012 Page 21
Link to page 1
How to write a thankyou letter that setsyou apart from the
crowd.
Pointsto Practice
The art of writing thank you letters
Sometimes job candidates do not want to send a thank you letterfollowing an interview because they feel it is another opportunity topotentially make a mistake and ruin their chances of receiving an offer, orthey assume the employer has already made up their mind on theircandidacy, so the letter will have little impact. In my experience, sendinga thank you letter is important and is the last written step in the jobsearch process. Here’s the why, what, who, and when of doing so.
The thank you letter is the candidate’s last chance to stand out andremind the potential employer of why they are the right person for thejob. It is also a nice way of simply thanking the interviewer(s) for takingtime out of their busy schedules to talk with the candidate. The mainreason for writing a thank you note is to reinforce why the candidate isthe top choice and reiterate why their background, skills, and interestsare the best fit for the position. There are several ways to do this. Forexample, if Sarbanes-Oxley was discussed during the interview, thecandidates can reference this by including a link to a recent article in thethank you letter. In addition, referencing practice areas, or how theorganization’s mission matches the candidate’s, is important. If importand export issues came up during the interview, the candidate couldmention in the thank you letter their experiences in globalcommunication, particularly if they failed to mention it during theinterview. Another valuable piece of content in the thank you letter canbe referencing a personal connection. If the interviewer and candidatediscussed baseball and discovered they were both Tiger fans, a referenceto a recent winning game can make a candidate memorable.
Often candidates have trouble deciphering to who and how manythank you letters they should send. Ideally, each and every person theyinterviewed with and met is the best, including the secretary who mayhave greeted them at the door. If that is not possible, then, at minimum,the most senior person with whom they interviewed should be thanked.Although a bit more time consuming, it is important to differentiate thenotes for each person, so that the candidate’s graciousness and genuineinterest will be perceived as more sincere to the recipients. It is alwaysbest to send a thank you note within 24 hours after the interview,especially if a candidate knows decisions are being made quickly.
The verdict is still out on whether to send a thank you letter throughemail or through U.S. mail. Some opinions and industries indicate thatsending a thank you through email is best and most practical, since it willensure a quick delivery and enables recipients to forward it to othersmore efficiently. Some say a handwritten or typed letter through the maildifferentiates the candidate since it is rarer, and appears more sincere.Ultimately, candidates should just default to previous communicationwith the organization. If all messaging has been through email (likely),than continue with the thank you letter via email as well.
Kristen B. Hintz is an associate director in the MSU College of LawCareer Services Office.
by Kristin B. [email protected]
BRIEFS June 2012 Page 22
Link to page 1
verify the information with the court within seven days of release andweekly thereafter.
Last September, the Greenes were killed following the work release ofChristopher Perrien, who now faces charges of murder. Perrien hadsubmitted a letter as proof of his employment with an East Lansingconstruction company. However, the company did not exist. Since then,the Eaton County Sheriff’s Department has reportedly enacted measuressimilar to those which would be required by the proposed legislation.
However, the legislation would significantly change practices for othernearby counties, as BRIEFS inquiries to Ingham, Clinton, and Shiawasseecounty sheriff’s offices showed. GPS tethers are not currently required forwork release inmates in Ingham, Clinton, or Shiawassee counties.
Ingham County currently adheres tightly to the commitment providedby the sentencing judge, and relies on the court to verify employment onthe front end, although the sheriff’s department does require prisoners tofill out several forms. Additionally, prisoners are required to bring in a paystub to verify continuing employment for continued participation.Prisoners are also required to pay a fee to participate.
Shiawassee County procedures vary depending on whether theprisoner comes from district or circuit court. Shiawassee county circuitcourts verify employment, while the sheriff’s department verifiesemployment for prisoners from district court. Shiawassee also requiresprisoners to bring in pay stubs periodically and the sheriff’s departmentmakes continuing inquiries as possible to verify employment.
As in other counties, Clinton County work release procedures beginwith a commitment from the court stating the prisoner is eligible for workrelease. The sheriff’s department then requires a letter from theemployer, a work schedule, and a fee for a prisoner to begin workrelease. The Clinton County Sheriff’s Department also periodically verifiesemployment.
The proposed legislation is sponsored Republicans Sen. Rick Jones, aformer Eaton County Sheriff, Sen. Tory Rocca, and Sen.Tonya Schuitmaker.
Brett DeGroff is a Michigan Supreme Court law clerk. His primaryareas of interest are appellate law, criminal law, and probate and trustlaw. He can be reached at (517) 763-8560 or [email protected].
Work release, continued from page 1
Work releasepolicies vary bycounty but new
legislation wouldstandardize some
practices.
BRIEFS June 2012 Page 23
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a scathing documentary, “A National Disgrace,” journalist Dan Ratherdrew attention to Detroit’s scoring on the National Assessment ofEducational Progress (NAEP) test. In 2009, Detroit students scored thelowest scores ever on the NAEP tests. Rather went on to share that nearly50 percent of Detroit’s adult population are functionally illiterate.
Efforts by the Detroit Public Schools, the State of Michigan, andseveral nonprofit and business entities have yielded apparent gains. InFebruary 2011, Detroit Public Schools announced that it had raised itsoverall graduation rate to 62 percent and lowered its dropout rate to 19percent from 30 percent in 2007. However, much work must be done toreach the goal of a 98 percent graduation rate by the year 2015.
To reach its challenging goal, Detroit needs support fromorganizations that maximize out-of-class time, offer individual support,and provide college preparation and job training opportunities to youth.Other cities, especially New York and Washington, DC, have a plethora ofthese organizations but Detroit doesn’t, says Terri D. Slaughter, founderand CEO of MAC. In keeping with the old adage, “it takes a village toraise a child,” Slaughter wants to involve the community in gettingDetroit youth ready for college and the workforce.
MAC offers Detroit students an Academic Year Program and a SummerIntensive Program. During the Academic Year Program, students engage inonline mentoring sessions with a career mentor. Career mentors areprofessionals willing to use their skills, insights and experiences topositively impact the lives of area youth. To help students connect withtheir mentors on more personal level, in-person events are held monthly.
During the Summer Intensive Program, students partake in one of tworigorous experiential learning programs. For students interested inpursuing technical or skilled trade careers, the Technical AchievementProgram provides hands-on training and exposure to a variety of fields,including the automotive, construction, computer science, film industry,and others. For students interested in traditional college settings, theCollege Access Program focuses on enhancement of critical skills,(writing, critical thinking, problem-solving), college match (finding theright college to meet specific needs), entrance test preparation andidentifying and applying for scholarships.
After its establishment in Detroit, MAC hopes to be a replicable modelacross Michigan, the Midwest, and throughout the country. As MACcompletes its start-up stage, its most compelling goals include securingfunding support, identifying partner schools, and seeking individuals andcorporate teams willing to donate a few hours a month to make adifference in the lives of youth.
For information about Metro Achievement Connection (MAC), pleasecontact Terri D. Slaughter at [email protected].
Latoya Jackson is a third-year law student with an interest in businesstransactional law. She is a member of the Black Law Student Association,the Christian Legal Society, and the Business Law Society at MSU College ofLaw. Latoya is a second semester clinical resident at the Small Business &Nonprofit Clinic. She can be reached at 517-336-8088, option 3, or [email protected] with “ATTN: Latoya” in the Subject line.
MAC nonprofit, continued from page 1
In 2009, nearly 50percent of Detroit’s
adult population wasfunctionally illiterate.
Detroit needssupport from
organizations thatmaximize out-of-class time, offer
individual support,and provide collegeprep and job training
opportunities toyouth.
BRIEFS June 2012 Page 24
Link to page 1
Please see Candidates on next page
Judicial election candidatesThe following pages give brief biographical information about the
preliminary judicial election candidates for the primary election inAugust.
Andrea Larkin
Andrea Larkin
54-B District Court
Thomas P. ClementTom Clement is an actively practicing attorney who is in district,
circuit and federal Court on a regular basis. He began his career as anassistant prosecuting attorney in Eaton County, where he was primarilyresponsible for the docket of District Court Judge Harvey Hoffman.
His time as an assistant prosecutor afforded him the opportunity tospend countless hours in the District Court along with working closely withvictims of crimes.
Since leaving the Prosecutor’s office, Tom has engaged in privatepractice and continued his extensive work in the courtroom. In additionto his practice, Tom is an adjunct faculty member at Thomas M. CooleyLaw School where he teaches required courses in evidence and criminallaw.
Tom is married to Beth, also an attorney. Together Tom and Beth takegreat pride in their four children; Jordan, Clare, Leo, and Camille.Thomas P. Clement
Andrea Larkin is seeking the 54B District Court Judge position in EastLansing, following the retirement of The Honorable David Jordon who hasheld the seat for 24 years.
If elected, Larkin would be the first woman judge in the history of theEast Lansing District Court.
Larkin graduated with honors from the University of Notre Dame in1980 and received her J.D. from the Notre Dame Law School in 1983. Shepracticed law at the Varnum Firm in Grand Rapids where she was theacting assistant city attorney for Grandville and had an extensive DistrictCourt practice. She was most recently a partner in the Lansing office ofthe Detroit law firm of Dickinson Wright where she practiced civil andcommercial litigation in all the courts of Michigan (District, Circuit, theCourt of Appeals and the Supreme Court), as well as the Federal courts.
Larkin was born and raised in Lansing and her parents, Vernon andGrace Andrews, both hold undergraduate and graduate degrees from MSU.Larkin and her husband, Michael, an attorney with the Sinas Dramis lawfirm, have resided in East Lansing for 24 years and have three children,Edward, 23, Ted, 20 and Grace 16. “This court is unique because thestudent population is virtually as large as the population of the city itself.I believe my experiences as a mother and an attorney bring a differentperspective to the court in East Lansing,” said Larkin.
BRIEFS June 2012 Page 25
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54-B District Court (cont.)
Candidates, continued from previous page
Mark MeadowsMark S. Meadows serves as State Representative for the 69th House
District, which includes Meridian Township and parts of Lansing, EastLansing and Williamston. Rep. Meadows earned an undergraduate degreeat Western Michigan University and his law degree at Michigan StateUniversity, formerly Detroit College of Law.
He was appointed as an assistant attorney general in 1975 and wasassigned to represent, at various times, the Department of SocialServices, Mental Health, Natural Resources, and State Police. He alsoserved in former Attorney General Frank Kelly’s Environmental ProtectionDivision, represented the Public Service Commission, and was generalcounsel to the Commission on Law Enforcement Standards.
Rep. Meadows was elected as Mayor of East Lansing in 1997 and re-elected in 1999, 2001 and 2003. His final term expired in November 2005.Rep. Meadows also served on the East Lansing City Council from 1995 until2005.
Rep. Meadows and his wife, Pam, are the proud parents of four EastLansing High School graduates: Kirk, Tori, Maureen and Tara, and theproud grandparents of four: Aurora, Cameron, Taylor and Lauren.
Mark Meadows
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Frank McAlpineFrank McAlpine was admitted to law practice in Michigan in 1977 and
in California in 1978. He has practiced in Michigan for the last 25 years.Presently, he has a solo practice in East Lansing.
He has practiced law in all state and federal courts, litigating medicalmalpractice, criminal, civil, and business cases.
He has worked as a specially designated hearing officer, hearing casesconcerning the Individuals with Disabilities Act. He has been an activemember of the East Lansing community and in 2004 accepted the Crystalaward from the City of East Lansing on behalf of the East Lansing SoccerClub. Frank McAlpine volunteers his time representing disabled childrenwith claims under the Individuals with Disabilities Education Act and helpswith a group home for the disabled in the city of Reading, Michigan.
He is married to Monika Leitgeb, a doctor at Sparrow Hospital, and hasthree sons, Michael, James, and Chris.Frank McAlpine
BRIEFS June 2012 Page 26
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Candidates, continued from previous page
Jan Cunningham
Jan Cunningham
Steven Freeman
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Eaton County Circuit Court
Steven Freeman
Jan Cunningham has announced her candidacy for EatonCounty Circuit Judge to fill the seat vacated by retiring JudgeThomas S. Eveland.
Jan has experience as a practicing attorney, business personand community leader. She has received the highest ranking fromjudges and her peers for her legal ability and ethical standards.
She has served her community in many ways including on theboard of directors for the Sixty Plus Legal Clinic, Legal Aid ofCentral Michigan, and advisor for the Michigan Youth in GovernmentProgram. In 2010 she was the recipient of the Camille S. AboodVolunteer Award.
Jan has been married for 25 years to Steve Transeth and hasthree sons, Matthew, Michael and David. They have lived in Eatoncounty for the past 24 years.
Biography not available at the time of press.
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Candidates, continued from previous page
Charles Ford
Jim JamoJim Jamo has litigated for 27 years in the Michigan Circuit Courts,
Court of Appeals, Supreme Court and Federal Courts. Mr. Jamo’s diverseexperience includes personal injury, employment discharge, civil rights,construction, products liability and business disputes.
Mr. Jamo serves on an Attorney Discipline Board Hearing Panel. He isa trained facilitative mediator, and volunteers with the ResolutionServices Center of Central Michigan. He is a member of the American BarAssociation, State Bar of Michigan, Ingham County Bar Association,Michigan Defense Trial Counsel, Michigan Association for Justice, andFellows of the Michigan State Bar Foundation. AV-rated (Martindale-Hubbell) for more than 20 years, Jim has earned the respect of attorneysand judges across the state. A neutral case evaluator in Ingham County,he also sits as a case evaluator in Clinton and Eaton Counties.
Jim and his wife Liz live in East Lansing where they raised twochildren. Jim received a Bachelor of Arts Degree from the University ofMichigan, and his Juris Doctor, Cum Laude, from Thomas M. Cooley LawSchool. “I look forward to upholding the high standard of excellence andrespect the public and Bar deserve from the Ingham County Circuit Courtbench,” said Jamo.
Jim Jamo
Ingham County Circuit Court
Attorney Charles E. Ford is a native of Lansing, Michigan and has beena private practice attorney for over 23 years in which two years werespent as an associate with the Abood Law Firm. Mr. Ford is president/owner of The Ford Law Group, PLC and a retired state executive from theMichigan Department of Transportation, where he worked for over 30years. Mr. Ford is graduate of Thomas M. Cooley Law School where hereceived the Most Distinguished Graduate Award. He is also a graduate ofMichigan State University with a Master’s degree in labor and industrialrelations. Mr. Ford has a Bachelor’s degree in business administrationfrom Northwood University and an Associate’s degree from LansingCommunity College. He is proud graduate of J.W. Sexton High School (TheBig Reds) located in Lansing,.
Mr. Ford’s major areas of practicing law are: criminal and civildefense; divorce and child custody; sports and entertainment contractlaw; real estate and landlord/tenant; and probate.
Mr. Ford is presently serving on the Lansing School Board, where hewas elected in 2007 and was vice president of the board in 2011. He wasalso elected to the Lansing City Council where he served from 1990-1993.
Mr. Ford is President of the dance group Dance For Life, which hefounded in 2004. He was inducted into the Greater Lansing Sports Hall ofFame in 1997 and was selected by Sport Magazine in 2010 as one of thetop 150 Athletes of the past 150 years in the Mid-Michigan area.
Charles Ford
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BRIEFS June 2012 Page 28
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Ingham County Circuit Court (cont.)
Ayanna D. Jones, assistant prosecuting attorney for Ingham CountyProsecutor’s Office, is a honors graduate of J.W. Sexton High School andholds a Bachelor of Arts in political science from the University ofMichigan, and a Juris Doctor with a concentration in business transactionsfrom Thomas M. Cooley Law School. She is also the mother of two.
She started her legal career practicing civil law. She has worked as anassistant prosecuting attorney for the past eight years. During her workas an assistant prosecutor she has worked in the family, district andcircuit courts. She has handled thousands of cases and is in the courtroomon a daily basis. She is currently assigned to the circuit court where sheprosecutes felony cases.
“I am running for office because my experience, philosophy andtemperament qualify me best to serve as the next judge of the CircuitCourt and because I desire to continue to make a positive difference inthis community that I not only live in but have been a part of andinvolved in my entire life.”
Ayanna D. Jones
Candidates, continued from previous page
Ayanna D. Jones
Ken RossKen Ross was born in Southwest Detroit, attended Holy Redeemer and
then U of M-Dearborn. Mr. Ross came to Lansing in 1991 to work for StateRep. Agnes Dobronski, attending Thomas Cooley Law School’s nightprogram.
Mr. Ross was hired by Attorney General Frank Kelly in 1998 and workedin the Tort Defense Division. He spent several years with Michigan CreditUnions, then seven years with the Michigan Office of Financial &Insurance Regulation, where he was commissioner for Insurance, Banking& Securities from 2008 to 2011. Currently, Mr. Ross is assistant generalcounsel for Citizens Republic Bancorp.
As commissioner, Mr. Ross advocated for Michigan consumers and thelong-term survival of our auto no-fault system. Examples include:
�• Frequently testifying in support of making the MichiganCatastrophic Claims Association (MCCA) transparent and accountable
• Fighting to ban insurance credit scoring.• Initiating insurance form review for auto, home and life policies• Issuing rules banning use of insurance clauses containing blank
endorsements and arbitration clauses forcing consumers to travelexcessively
• Brokered creation of the Michigan Health Insurance Plan, providinghealth care for those with pre-existing conditions.
• Negotiated auction rate securities settlements with Goldman Sachsand other banks, freeing up $4.37 billion to Michigan consumers, $9.5million in settlements to the State treasury.
Ken Ross
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BRIEFS June 2012 Page 29
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Ingham County Circuit Court (cont.)
Wanda Stokes
Candidates, continued from previous page
Wanda M. StokesAttorney Wanda M. Stokes is an alumna of Michigan State University,
and received her Juris Doctor from the University Of Detroit Mercy Schoolof Law. She is a practicing attorney currently with the Michigan Office ofAttorney General. She was appointed an assistant attorney general in1999 by Jennifer M. Granholm.
Ms. Stokes was the first African-American chief of staff for the Officeof Attorney General. Her responsibilities included supervision andadministration of the Office of Attorney General in the areas of HumanResources, Legislative initiatives, Communications, and FiscalManagement with a budget of over $68 million dollars. Ms. Stokes wasalso bureau chief of the Child & Family Services Bureau. She providedlegal counsel to the Department of Corrections, the Secretary of State,Department of Community Health, and currently the Department ofLicensing and Regulatory Affairs. Ms. Stokes provides legal counsel onnumerous legal, legislative and policy issues. She also chairs theProfessional Responsibility, Ethics and Policy Committee.
Prior to joining the Office of Attorney General, Ms. Stokes worked asan attorney at Auto Owners Insurance Company in Lansing and at FordMotor Company in Dearborn. She also served as an adjunct professor atThomas M. Cooley Law School.
Ms. Stokes has practiced both civil and criminal litigation in District,Circuit, and Federal courts around the state. In her spare time she isactively involved with organizations promoting issues affecting families,children, and our communities.
Ms. Stokes’ community service includes the board of directors for theCapital Area United Way; sponsor and member of the Host Committee ofthe 2012 Empty Plate Dinner for the Greater Lansing Food Bank; memberof the State Bar of Michigan District E Committee on Character & Fitness;and member of Delta Sigma Theta Sorority, Inc. a public serviceorganization. She also served as former chair of the Highfields Board ofDirectors; board of directors for the Boys & Girls Club of Lansing; board ofdirectors for the Lansing YWCA; and trustee of Union Missionary BaptistChurch.
Ms. Stokes is married to Lansing native, Colonel James E. Stokes, acareer Army Officer currently serving as the United States Property &Fiscal Officer for Michigan. They have been married for 22 years and aremembers of the Union Missionary Baptist Church in Lansing.
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MSU Football Coach Mark Dantonio, attorney Frank Harrison Reynolds,Fox 47 newscaster AJ Hilton, local police officers, and many other localnotables took part in the 1st Annual Big Breakfast hosted by the BigBrothers Big Sisters (BBBS) Michigan Capital Region on May 22.
At the breakfast, Coach Dantonio won the Mentor of the Year Award,Frank Harrison Reynolds won the Ann Schneidewind Lifetime ImpactAward, and Jack Schmidt won the Big Brother of the Year Award.
The point of the event was to raise “M&Ms” – that is, money andmentors – for Big Brothers Big Sisters, which provides one-on-onementoring for at-risk children in Ingham, Eaton, Ionia, Clinton, andShiawassee counties.
Although the Capital Region counties do not have the violence ofDetroit, Pontiac, Flint and Saginaw (four of the nation’s 10-most violentcities), the area does have higher high school drop-out rates, and BBBSwould like to solve this problem.
There is proof that when BBBS gets involved, academic performanceincreases. By participating in the BBBS program, students are 52 percentless likely to skip school, 46 percent less likely to use illegal drugs, andare more self-confident in school.
Coach Dantonio noted that commitment, communication, and trustwere keys to success when working with young people. He said he spendsat least an hour with each player on his team discussing their post-football life plans. “They don’t care how much you know until they knowhow much you care,” he said. He added that Big Brothers and Big Sistersare always welcome to bring their Little Brothers and Sisters to MSUpractice sessions.
BBBS has three hallmarks which make it unique: 1) it does rigorousbackground checks on mentors, aided by the Michigan State Police; 2) itscase managers are qualified professionals, and 3) in the Michigan CapitalRegion, match relationships between mentor and youth last an average of45 months, where other BBBS organizations have match relationshipslasting 12 to 24 months.
Event attendees were invited to become founding members of theBBBS Start Something Big Society. Money collected will help BBBS expandand provide more mentors for at-risk youth.
To join the Start Something Big Society, or to become a Big Brother ora Big Sister, contact Elizabeth Hoelscher at [email protected]. Youcan also attend a Path to Start Something event, which are held eachsecond Tuesday of the month at 4:30. RSVP to Ms. Hoelscher for moreinformation at the above email address.
Big Brothers/Sisters starts something big
After winning the Mentor of the Year
award, MSU Football Coach Mark
Dantonio speaks at the 1st Annual Big
Breakfast hosted by Big Brothers Big
Sisters Michigan Capital R egion.
BRIEFS June 2012 Page 31
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