May 2012 new - Ingham County Bar Association

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
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
Please see Work release on page 22
14 Courtoom Do’s and DONT’s
16
18
Shrimp Dinner highlights
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
Shrimp Dinner pix inside!
MSU College of Law helps start
innovative nonprofit for Detroit youth
by Latoya Jackson
[email protected], 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. Secondand 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 Promise Alliance and Education Week
reported only a 25 percent graduation rate, the lowest in the country. In
Please see MAC nonprofit on page 23
BRIEFS June 2012
Page 2
BRIEFS
Ingham County Bar Association
Published by the Ingham County Bar Association nine times
a year, September through June, with a combined
December/January issue.
P.O. Box 66
Grand Ledge, MI 48837
http://www.inghambar.org
Publications Committee Co-Chairs
Liisa Speaker
Jessica Fox
482-8933; fax 482-8936
663-3306
[email protected]
[email protected]
ICBA Executive Director
Madelyne Lawry, 627-3938
[email protected]
ICBA BOARD OF DIRECTORS
President Scott Mandel, 371-8185
[email protected]
President-Elect Stacia Buchanan, 303-1630
[email protected]
Vice President Catherine Groll, 703-1100
[email protected]
Secretary Jessica Fox, 663-3306 [email protected]
Treasurer Liisa Speaker, 482-8933,
[email protected]
Past Pres. Pat Gallagher, Jr., 853-1500
[email protected]
Josh Ard 655-9782 [email protected]
Lisa Babcock 580-3485, [email protected]
Hon.Thomas Brennan Jr. 351-9124
[email protected]
Hon. Clinton Canady III 483-6524, [email protected]
Mary Chartier-Mittendorf 482-2000
[email protected]
Jason Hanselman 374-9181, [email protected]
Mark Hoover 333-0306, [email protected]
Mark Kellogg 377-0890, [email protected]
SECTION CHAIRS
Bankruptcy Law
Andrew J.Gerdes 853-1300, [email protected]
Norman Witte 485-0070, [email protected]
Child Welfare
Jodi Latuszek 373-4987, [email protected]
Criminal Law
Mike Nichols 482-9000, [email protected]
Lisa McCormick 483-6108, [email protected]
Family Law
Carrie Folts Huff 482-0222, [email protected]
Todd Selin 482-0222, [email protected]
Probate & Trust
Mary Schrauben 371-5361, [email protected]
Marlaine Teahan 622-4121, [email protected]
Real Estate Law
Pat Gallagher, Jr., 853-1500,
[email protected]
Young Lawyer Section (YLS)
President: Melissa Keener 324-8700
[email protected]
President-Elect: Shenique Moss 373-1130
[email protected]
Editor
Becky Scott
290-3158
[email protected]
Author Guidelines
Writing for BRIEFS is an excellent way to publicize
your expertise, and we encourage your submissions!
Please send ideas for articles or completed articles to the
editor via e-mail. If you do not receive e-mail confirmation
within 24 hours that your article has been received, please
follow up with a phone call.
Include your byline, your e-mail address, and a 2- to
3-sentence biography. Please also send a photo of
yourself in .jpg or .png format, in color if possible.
Submissions are due the 15th of the month for the
following month’s issue, e.g. April 15 for the May issue.
Exception: the deadline for the December/January issue is
November 30. Guidelines for article length:
IN BRIEF notices: 100 to 200 words
Local legal notices: 100 to 150 words
Columns: 300 to 500 words
Articles: 700 to 1000 words
Ads: 20 to 60 words
Advertising
To place an ad, contact ICBA Executive Director Madelyne
Lawry at 627-3938, [email protected].
BRIEFS Committee
BRIEFS publication meetings are held the 2nd Monday of
the month at noon, usually at Speaker Law Firm, 230
Sycamore in Lansing. Committee members:
Josh Ard, [email protected], 655-9782
Lisa Babcock, [email protected], 580-3485
Scott Breen, [email protected], 324-1021
Christine Caswell, [email protected], 487-8950
Derrick Etheridge, [email protected], 325-3031
Jessica Fox, [email protected], 663-3306
Deborah B. Frederick, [email protected], 483-6302
Jason T. Hanselman, [email protected], 374-9181
Valerie Lafferty, [email protected], 349-6660
Jodi Latuszek, [email protected] 373-4987
Michael J. Nichols, [email protected], 432-9000
Gregory Palmer, [email protected], 616-459-6700 x303
Lori Pourzan, [email protected] 394-2985x240
Kevin Schumacher, [email protected] 482-3800
Joshua S. Smith, [email protected], 335-1238
Amy Timmer, [email protected] 371-5140
Charles R. Toy, [email protected] 371-5140
Link to page 1
BRIEFS June 2012
Page 3
On the Docket
For all ICBA events and registration links, go to https://inghambar.org/calendar/cEvent.php
Program
Start Time
Location
Cost
RSVP
Tuesday
June 19
Noon
Family Law section
Free
Topic:Up and coming qualified domestic
relations order (QDRO) procedures and
security interests to be added in QDROs.
Speaker: Bob Treat from QDRO Express.
State Bar of Michigan, 306 Townsend Street map
by June 19
RSVP here
Saturday
June 23
9:30 a.m. 2 p.m.
Young Lawyers Section Career Seminar
Topic: “Expand Your Practice: Ways to
Jumpstart Your Career.” See details page 4.
Room 11, Cooley Center, 300 S. Capitol
RSVP to [email protected]
Free
by June 16
Thursday
July 5
7:05 p.m.
Young Lawyers Section Lugnuts Game
Have fun with your YLS friends at a
Lugnuts game! See details, page 6.
For more info, contact Melissa Keener at
$10/box ticket
by June 8
Form, p. 6
[email protected]
Monday
August 13
Noon
ICBA BRIEFS Board Meeting
Speaker Law Firm
230 N. Sycamore St, Lansing. map
Saturday
October 6
8 a.m. 12:30 p.m.
ICBA Bench-Bar Conference
$25 members
Veterans Mem.Courthouse, 313 W. Kalamazoo $35 nonmembers
Sponsorship $200, download form.
Space is limited. RSVP early!
Link to page 1
Open to all
BRIEFS contributors
by Sept. 14
RSVP here
BRIEFS June 2012
Page 4
Local Legal Events
For legal events hosted by ICBA, see “On the Docket” on page 3.
SBM YLS Summit June 15, 16
ICBF Annual Golf Classic
to be held June 12
Ingham County Bar
Foundation’s 8th
Annual Memorial Golf
Classic will be
Tuesday, June 12 at
Country Club of
Lansing, 2200 Moores
River Drive.
Registration and
lunch will be 11 a.m.
to 1 p.m.; the
Shotgun Start will be
at 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 career
seminar on June 23
The Ingham County Bar Association Young
Lawyers Section will host Part 1 of the “Expand
Your 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, 300
S. 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 Career
Coffee and doughnuts will be provided during
the check-in period from 8:30 to 9:00 a.m. Lunch
will also be provided. Seating is limited. To register
for this FREE seminar, please send an email to
[email protected] by Saturday, June 16, 2012.
Law students are also welcome.
The State Bar of Michigan Young Lawyers
Section will host its 5th annual Summit on June 15
and 16 at the Westin Book Cadillac Hotel in
Detroit. A networking reception Friday evening will
be followed by a full day of programs on Saturday
and a cocktail reception and dinner Saturday
evening. Seminar topics include:
· Divergent Paths to the Bench: You Can Get
There, Here’s How!
· Stand and Deliver: Becoming a Better Public
Speaker
· Meet the Rainmakers: Business
Development Tips for Solos & Aspiring
Partners
· Slaying Goliath: Ways to Tackle Your Student
Loans 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 Writing
The 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 the
Westin Book Cadillac Hotel at a special rate of
$129/night for Summit attendees. Reservations can
be made at https://www.starwoodmeeting.com/
Book/sbmyls.
ICBA YLS Lugnuts fun July 5
The Young Lawyers Section of ICBA is going as a
group to a Lansing Lugnuts baseball
game on
Thursday,
July 5. Cost is
$10 -- RSVP by
Friday, June 22
using the form
on page 6.
Please see Local Legal Events on next page
Link to page 1
BRIEFS June 2012
Page 5
Michigan Notable Books author speaks at Cooley
On Wednesday, May 16, Jack Dempsey, author
of Michigan and the Civil War: A Great and Bloody
Sacrifice, visited Cooley Law School’s Lansing
campus to talk about his latest book as part of the
2012 Michigan Notable Books Program. The book
offers a glimpse into Michigan’s role in the
preservation of the Union. Dempsey explained that
Michigan has a history of being pro-freedom and
anti-slavery and talked about the great sacrifice
Michigan made with its 90,000 men (and some
women dressed as men) who served in the Civil
War. Nearly 15,000 Michigan soldiers died. He said
that no other state suffered proportionately more
losses.
All of the author’s proceeds will go to fund a
celebration of the sesquicentennial (150-year)
anniversary of the Civil War from 1861-1865 in
2015. Dempsey is vice president of the Michigan
Historical Commission, Chair of the Michigan
History Foundation, and Chair of the Michigan Civil
War
Sesquicentennial
Committee. He is a
member of the Ann
Arbor Civil War
Roundtable and
the Civil War Trust.
Each year, the
Michigan Notable
Books list features
20 books published
during the previous
calendar year that
are about, or set
in, Michigan or the Great Lakes region, or are
written 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.
Local Legal Events (cont.)
NALS board mtg & education Catholic Lawyers Guild
Spring Luncheon June 20
meeting on firework safety
The National Association for Legal Secretarys/
Professionals will hold its board meeting from
noon to 1 p.m. Thursday, June 7
at Dickinson Wright Law Offices,
215 S. Washington Square. All
NALS of Lansing members are
invited. RSVP to Beverly Bishop
at [email protected] or
call 881-8061.
NALS will hold an
education meeting on
“Fireworks Safety - The
Michigan Fire Prevention Code and the new
Michigan Fireworks Safety Act” from 5:30 to 7 p.m.
Wednesday, June 13 at Delta Township Fire Station
No. 1, 811 N. Canal Road, across from Horrock’s
Farm Market. Attendees will also tour the fire
station. RSVP by Tuesday, June 12 to RSVP to
Beverly Bishop at [email protected] or call
881-8061.
The Spring Luncheon of the Catholic Lawyers
Guild of the Dioceses of Lansing will be held
Wednesday, June 20 at the St. Mary Cathedral
Parish Hall. All are welcome to attend. For more
information, contact Laura Skriba at 277-8200 or
go to http://home.catholicweb.com/
lansingcatholiclawyersguild/
The Catholic Lawyers Guild is organized to
foster spiritual growth and fellowship among
lawyers and law students; to enhance appreciation
and observance of high ethical standards in law
practice; to promote advancements in
jurisprudence and improvements in the
administration of justice by working for greater
harmony between human law and divine law; and
to encourage attentiveness among lawyers to the
weightier matters of the law - justice, mercy and
faith; that our competence in secular disciplines
may serve to promote human dignity and the
common good.
Link to page 1
young lawyers section of ingham county!
BRIEFS June 2012
Page 6
Lansing Lugnuts vs. Great Lakes Loons
thursday, july 5th, 2012 @ 7:05 pm
sit 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!
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!
you might be a winner! it’s more than a game!
Someone from our group will
It’s Labatt Blue Light Thursday
win a special Lugnuts gift in the
and that means Thirsty
group raffle! Ask your group
Thursday specials all around!
leader for your raffle form before
Enjoy $2.00 beer and fountain
you head to the game! Winners
drinks, plus a free post-game
will appear on the scoreboard in
concert after every Thursday
the 7th inning!
home game!
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!
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 form
Order Deadline: Friday, June Name:
Address:
Phone:
# of Box Tickets:
@ $10.00=
Email:
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
LinkLugnuts
to page 1
Please pay by cash or make checks payable to: Lansing
For more information please contact: Melissa Keener at [email protected]
BRIEFS June 2012
Page 7
In BRIEF
WLAM votes in new leadership
The Mid-Michigan Chapter of Woman Lawyers
Association of Michigan has voted in a new
leadership team for 2012/13.
President Torree J. Breen is a shareholder of
Willingham and Cote, P.C.. She is a member of the
Litigation Group and specializes in divorce, child
custody disputes, no-fault litigation, and insurance
coverage. Torree served as
past president of the
ICBA’s Young Lawyers
Section. She is a board
member of the Eaton
County Child Abuse
Prevention Council and is
currently involved in “100
Women Who Care.” She
graduated cum laude from
MSU School of Law and
magna cum laude from
Alma College.
Vice President Tish
Torree Breen
Vincent is program
administrator for the State Bar of Michigan Lawyers
and Judges Assistance Program. Previously she
practiced health law and mediation in solo practice
in East Lansing. Tish
practiced as a mental
health and substance
abuse therapist in East
Lansing for over 20
years, and is now
combining her two
careers to offer
services to the lawyers
in the state.
Treasurer Lori
Herr is the president
Tish Vincent
of Heisler Law Office.
She attended law
school at Thomas M. Cooley law school. Lori
practices 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
Please send well wishes to
Phil 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-host
of the “Phil and Bill Show,” one of ICBA’s most
anticipated annual seminars updating members
on cases from the United States Supreme Court.
Phil is still in the hospital, but his family is
sharing all the cards and notes that they receive.
Please let Phil and his family know how much we
are thinking of him by sending get well wishes to
Phil Prygoski
4404 Alderwood Drive
Okemos, MI 48864
of military law. She
assists veterans and
service members with
divorce, support
issues, retirement
divisions, separation
agreements, and more.
Lori is a member of the
State Bar of Michigan,
ICBA, and WLAM.
Secretary Lindsay
Dangl graduated from
MSU James Madison
Lori Herr
College in 2006. She
attended MSU College of Law, graduating magna
cum laude in 2009. Lindsay has been employed by
Murphy & Spagnuolo, P.C. since January 2008, first
as a clerk, then as an
associate. She currently
handles various legal
matters including family
law, workers’
compensation, business
governance and
formation, municipal
law, and civil litigation.
She is also a member of
the Junior League of
Lansing and ICBA Young
Lawyers Section.
Lindsay Dangl
Link to page 1
BRIEFS June 2012
Page 8
In BRIEF (cont.)
Frank Harrison Reynolds, a shareholder at
the law firm of Foster Swift Collins & Smith PC,
was presented with the Anne Schneidewind
Lifetime Impact Award
by Big Brothers and Big
Sisters for the Michigan
Capital Region at the
Kellogg Center at
Michigan State
University. Reynolds
received this award for
his untiring service and
commitment to
mentoring
disadvantaged youth in
the community. For
more information about
Frank Harrison Reynolds
the event, see the
article on page 30.
Focusing his practice on criminal defense,
family law and professional and occupational
licensing, Reynolds is a member of Foster Swift’s
General Litigation practice group. In recognition
of his contributions to the practice of law and his
commitment to ensuring high standards of
practice, Mr. Reynolds has received numerous
awards and recognitions, including leadership
positions in the local and state bar associations,
and numerous selections as special prosecutor.
Reynolds completed his undergraduate studies at
Michigan State University and received his law
degree from Thomas M. Cooley Law School.
Foster Swift attorney, Michael Harrison, was
presented the 2012 Glen L. Taggart Award for
Community Contribution to International
Understanding, an award given by Michigan State
University. The award was presented, on behalf of
the MSU Board of
Trustees, by Jeffrey
Riedinger, the Dean of
International Studies
and Programs.
Harrison was
recognized for his
long-standing passion
for international
understanding and
cooperation through
his work to assist
Libyan students in
East Lansing this past
year. After a cut off
MIchael Harrison
from funding as a
result of the civil war in their homeland, Harrison
worked to develop a support network of attorneys
to handle political asylum matters and assist in
other ways for Libyans at MSU.
Before joining Foster Swift in 2001, Michael
Harrison served as a judge of the 30th Judicial
Circuit of Michigan for nearly 25 years. He was
Chief Judge for 12 years and served by assignment
on the Michigan Court of Appeals on a number of
occasions. Harrison completed his undergraduate
degree at Albion College and received his law
degree from the University of Michigan Law School.
Jeffrey C. Hicks,
managing partner of
the Lansing firm,
Hicks & Mullett,
PLLC, was recently
elected secretary of
the Michigan State
University Alumni
Association National
Board of Directors.
Jeffrey C. Hicks
Link to page 1
BRIEFS June 2012
Page 9
President’s Message: Passing the baton
by Scott Mandel
[email protected]
Scott Mandel
Stacia made a point to
attend virtually all of
our events from the
Shrimp Dinner to the
Bench Bar Conference
and our luncheon
lectures. By doing that,
she got to know a
number of people...and
we found ourselves a
future leader.
For my final column as your president, I want to introduce you to your
new president, Stacia Buchanan. For those of you who have not yet had
the opportunity to meet Stacia, I urge you to do so.
Stacia has been instrumental in revitalizing our Association, helping us
reach our goals of increasing our membership
and restoring our fiscal health.
Stacia has been a board member for four
years. She has served as our vice president
and president elect. Stacia joined our board
after making it a point to attend virtually all
of our events from the Shrimp Dinner to the
Bench Bar Conference and our luncheon
lectures. By doing that, she got to know a
number of people active in the Bar
Association and we, in turn, found ourselves
a future leader.
Stacia has her own practice, specializing
in criminal and family law. Her busy practice
requires her to handle a number of jury
Stacia Buchanan
trials. Despite those demands, Stacia has
always found the time to be active in our
Association.
When asked what those of you reading this column can do to help
Stacia as she assumes our presidency, she unhesitatingly responded “stay
involved.” She has also asked that you let the board know what you
would like to see of your Association in the future.
In her time away from the practice of law and her duties with our
Association, Stacia is an avid runner. She has a goal of running in a race
each month, and competes in runs that vary anywhere from 5 kilometers
to half marathons.
We are fortunate to have Stacia serve as our new president. I am
confident she will lead us to even greater heights.
Link to page 1
BRIEFS June 2012
Page 10
PROBATE LAW SECTION
Helping clients give back
by Christine Caswell
[email protected]
Christine Caswell
Clients can still direct
funds to specific
organizations through
the Foundation while
possibly providing the
client with a tax
advantage.
Charitable giving was the topic of the Probate & Estate Planning
Section’s May 17 program with Dennis W. Fliehman, president and CEO of
the Capital Region Community Foundation. The Foundation is one of 65
such organizations in Michigan, with the Capital Region Community
Foundation specifically serving the tri-county area. “We do that primarily
by helping individuals and organizations establish permanent, charitable
endowment funds,” said Fliehman. “We invest and manage those
endowment funds, and then give away the income from the funds in the
form of grants that meet a wide variety of charitable needs in the
community.” The Foundation allows those who do not have great wealth
to make a lasting impact on the community and can handle the
bureaucratic issues for those who might have such funds.
Fliehman provided a number of tips for estate planning attorneys in
suggesting charitable gifts to their clients, including asking specifically on
client intake forms or in the initial meeting if they would like to include
charitable giving in their overall plan. He explained that it helps clients to
be aware of the organizations like the Foundation, since clients can still
direct funds to specific organizations through the Foundation while
possibly providing the client with a tax advantage. Fliehman’s specific
tips for attorneys included the following:
• Avoid conflicts of interest — inform clients of any association you
may have when recommending charities, or if you already have a
relationship with a charity the client is already intending to
benefit, and document it thoroughly in the file
• Contact the charity about potential planned gifts, but you do not
need to provide the client’s identity
• Correctly identify the beneficiary
o 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 are
two separate organizations
• Ensure that charity can use the gift for the intended purpose and
that the gift will not somehow cost the organization more than the
gift itself, such as the need to hire more staff to manage the
program
• Ensure that the client’s goal is still within the agency’s mission and
that any current programs are already fully funded
• Avoid overly restrictive conditions, such as “scholarship for
student from Eastern High School who lost a parent to cancer and
wants to become a doctor”
Please see Probate on next page
Link to page 1
BRIEFS June 2012
Page 11
Probate, continued from previous page
•
The Foundation
provides a number of
different types of
funds, from which
clients can choose to
benefit either a specific
charity or a specific
field of interest.
For endowments, avoid restrictions on investment or spending
policies
o Wording that is too narrow may limit the organization’s ability
to invest the funds
Fliehman noted that the Capital Area Community Foundation is one of
the larger foundations in Michigan with assets of $65 million, distributing
over $3 million annually through grants. “The [Foundation] is governed by
a 28-member volunteer board of trustees who represent the broad,
diverse interests of the community, and who serve without
compensation,” he stated. “We are pleased to have had a number of
estate planning attorneys serve as chair of our board, including Nancy
Little, Charley Janssen, and Doug Mielock.”
The Foundation provides a number of different types of funds, from
which clients can choose to benefit either a specific charity or a specific
field of interest, whether it’s helping the homeless or supporting the
symphony. The minimum needed is $10,000 to start an endowment and
$25,000 for a scholarship fund. But the Foundation also has a number of
existing endowments to which individuals can contribute smaller amounts
as well.
“One of the greatest benefits of using the Community Foundation is
that an endowed fund…will be in existence forever, leaving a permanent
legacy of good work in the community,” Fliehman noted. “And, as the
community’s needs change over time, say 100 years from now, the
Foundation will still be there, ensuring through its board of trustees that
its assets are being used in a manner that is best suited to meeting those
needs. A final benefit of [the Foundation’s] permanence is that your
clients can be assured that by establishing an endowment fund with [us],
the funds will remain in an endowment and not be used by the
beneficiary charities for operating funds.”
Christine Caswell is a Lansing attorney practicing in the areas of
Elder Law, Probate and Estate Planning, and Family Law.
Link to page 1
BRIEFS June 2012
Page 12
PROBATE LAW SECTION
Recent Court of Appeals’ probate & trust
decisions
by Christine Caswell
[email protected]
Christine Caswell
“The court must look at
the ability to make
decisions, not the
quality of the
decisions...Being
foolish is not one of the
criteria.”
Retired Calhoun County Probate Judge Phillip E. Harter reviewed two
recent Michigan Court of Appeals cases at the 52nd Annual Probate and
Estate Planning Conference in Acme, Michigan in May. Harter, now with
Chalgian & Tripp Law Offices PLLC, discussed In re Conservatorship for
Kathryn 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. Townsend
In Townsend, the son petitioned for appointment of a conservator for
his mother, Kathryn M. Townsend, claiming she suffered from diminished
mental capacity and was dissipating her estate. However, “Townsend
scored a perfect 30 out of 30 on a mini-mental status examination,” and
she freely admitted that she had been helping numerous family members
to 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 did
not meet the specific criteria for appointment of a conservator under MCL
700.5401(3)(a) and (b). The statutory requirements are that a conservator
can only be appointed if (1) the ward is unable to manage his or her
affairs and (2) the property will be wasted without appointment of a
conservator. Eight specific disabilities are listed in the statute. In this
case, the probate court held that the words “such as” in describing these
disabilities in (a) did not limit the reasons for appointment of a
conservator to just those eight listed. “The probate court then proceeded
to hold that Townsend was a ‘vulnerable adult’ because [she] could not
manage her own financial affairs,” according to Harter. Townsend
appealed.
The Court of Appeals reversed the decision. In interpreting MCL
700.5401(3)(a), it agreed that the list of conditions was not exhaustive
and that there indeed might be other conditions which would support
appointment of a conservator. However, the court said if a condition is
applied that is not on the list, it “must be of a similar nature and quality
of the eight listed conditions….” The court also stated that there had to
be an objective standard as to what constituted a disability and found
that the lower court had made a subjective decision. “The court must
look at the ability to make decisions, not the quality of the decisions,”
Harter stated. “Being foolish is not one of the criteria.”
Please see Decisions on next page
Link to page 1
BRIEFS June 2012
Page 13
Decisions, continued from previous page
Estate of Stephan Bradley v Kent County Sheriff’s Department
There is broad power
to award damages
under contempt of
court actions...the
question is whether a
contempt cause of
action can be
succcessfully
established.
In Bradley, the probate court issued an order to pick up Stephan
Bradley for psychiatric evaluation. “A pickup order comes under the
mental health code if a person has a mental illness and is dangerous to
himself or others,” Harter explained. However, the Kent County Sheriff’s
Department failed to execute the order and Bradley fatally shot himself
nine days later. The personal representative (PR) for Bradley’s estate then
filed a wrongful death suit against the department alleging that its
“negligence and breach of duty caused Bradley’s death.” But the circuit
court dismissed the suit under governmental immunity because it could
not be proved that either gross negligence or the “department’s
negligence was ‘the’ proximate cause of Bradley’s death.”
The PR then filed a petition in the probate court alleging civil
contempt because the department “failed and refused to execute the
order issued by the Kent County Probate Court,” claiming she had
“suffered and continues to suffer damages….” The PR then asked the
court to find the department in contempt and to award her “damages in
an amount the court deems appropriate.” The department filed a motion
for summary disposition arguing that the PR was really asking for tort
damages to which the department was immune. The probate court denied
the motion for summary disposition, noting “its inherent power to punish
contempt of court where there is a violation of a court order.” The
department then appealed to the circuit court which overturned the
probate court’s ruling for summary disposition. The circuit court found
that “the power to award compensatory damages is not an inherent
contempt power of the court” but can be awarded pursuant to MCL
600.1721. However, in this case, the circuit court found it was a tort
action and that the department was immune as far as damages were
concerned.
The PR then appealed to the Court of Appeals, which reversed the
circuit court, stating that the only issue it was addressing was whether
the “circuit court erred in deciding that the [tort liability act] immunizes
government actors from compensatory damages for contempt award
pursuant to MCL 600.1721.” According to the Court of Appeals, there is
broad power to award damages under contempt of court actions.
“Whether the [act] implicated the validity of [the PR’s] contempt action
rests on whether [the PR] can successfully plead and establish a contempt
cause of action,” said Harter. The matter was reversed and remanded to
the probate court.
Christine Caswell is a Lansing attorney practicing in the areas of
Elder Law, Probate and Estate Planning, and Family Law.
Link to page 1
BRIEFS June 2012
Page 14
Courtroom Do’s and DONT’S!
Advice from our judges and other courtroom friends
Applications for leave to appeal: Be sure to include
any transcripts that are imperative for your argument as
an attachment to your brief. Particularly on issues of pleas
and sentencings — it makes it much easier to review your
argument when we are able to have the transcript
attached to the pleading.
The Hon. Amy Ronayne Krause
Oral Argument: The judges on my bench are always
well-prepared for oral argument. Focus on your strongest
legal arguments and don’t repeat the facts, unless there is
a particular fact at issue.
Judge Amy Ronayne Krause
John D. Gifford & Associates, Inc.
Private Investigations, Security Consulting and Electronic
Data Recovery Services for Business & the Legal Profession
by Former FBI Special Agents
All Investigative Matters
Criminal, 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 Examination
Electronic Data Recovery and Analysis • All Digital and Electronic Storage Devices
John D. Gifford J.D.
P.O. Box 4664, East Lansing, MI 48826
Link to page 1
(248) 921-3456
[email protected]
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
Financial Contributions
Stewards ($10,000 - $24,999)
Dykema Gossett PLLC
Foster Swift Collins & Smith PC
Patrons ($5,000-$9,999)
Ford Motor Company
Miller, Canfield, Paddock and Stone
National Philanthropic Trust
Thrun Law Firm, P.C.
Benefactors ($2,500-$4,999)
Fraser Trebilcock Davis & Dunlap, PC
Honigman Miller Schwartz and Cohn, LLP
Sinas, Dramis, Brake, Boughton &
McIntyre, P.C.
Champions ($1,000 - $2,499)
Robert F. Gillett
George W. Hare and Janet K. Welch
MSU Student Bar Association
Willingham & Cote, P.C.
Pacesetters ($500 - $999)
Anonymous
Victor T. Adamo
Chalgian & Tripp Law Offices
Barbara J. Gibson
Loomis, Ewert, Parsley, Davis &
Gotting, P.C.
Lee B. Reimann
Webb A. Smith
Taxation Section of the State Bar Of
Michigan
Warner, Norcross & Judd
Ann M. Wood
Supporters ($300 - $499)
Anonymous (1 donor)
Richard J. Aaron
Hon. Louise Alderson
Charles E. Barbieri
Zachary W. Behler
Jennifer S. Bentley
Patrick J. Berardo
Ronald W. Bloomberg
Donald J. Bonato
Beverly J. Bonning
Jill M. Booth
Lindsey E. Bosch
Jeffrey W. Bracken
Paul M. Brandenburg
Jay E. Brant
James D.A. Buttrey
Keith A. Castora
James G. Cavanagh
Michael E. Cavanaugh
Scott A. Chernich
Russel Allen Church
Allan J. Claypool
Kari S. Costanza
William J. Danhof
Raymond A. Davis
Pamela Collette Dausman
Eric D. Delaporte
Christopher J. Dembowski
Nichole Jongsma Derks
Jennifer Kildea Dewane
Robert A. Dietzel
Timothy J. Donovan
Eric E. Doster
Lauren B. Dunn
Michele R. Eaddy
Albert Ernst
Thomas E. Evans
Joel C. Farrar
Michael B. Farrell
Bernard F. Finn
Samuel J. Frederick
Anna K. Gibson
Brian G. Goodenough
Gary P. Gordon
Karl L. Gotting
James F. Graves
Michael D. Gresens
Margaret M. Hackett
Curtis R. Hadley
Michael G. Harrison
Kevin S. Harty
Thomas H. Hay
Roy H. Henley
Kirk C. Herald
Richard L. Hillman
Matthew F. Hiser
Michael J. Hodge
James M. Hofer
Michael D. Homier
Matt G. Hrebec
Robert G. Huber
Erica E.L. Huddas
Robert M. Hurand
Christopher J. Iamarino
Ingham County Circuit Court staff
Melissa J. Jackson
Charles A. Janssen
James B. Jensen, Jr.
Jennifer K. Johnston
Stephen I. Jurmu
Peter M. Kempel
Nancy P. Klukowski
Dennis R. Koons
Richard C. Kraus
Michael E. Larkin
David M. Lick
Lawrence B. Lindemer
Iris K. Linder
Mary M. Lovik
Stephen J. Lowney
Scott L. Mandel
Martha J. Marcero
Janene McIntyre
Michael D. McIntyre
Gary J. McRay
Thomas R. Meagher
Janet A. Mendez
Harvey J. Messing
Douglas A. Mielock
Liza C. Moore
Joe D. Mosier
Naomi Gaynor Neilsen
Ryan J. Nicholson
John P. Nicolucci
Robert A. Noto
Michael G. Oliva
Steven L. Owen
Thomas C. Phillips
John D. Pirich
Benjamin J. Price
Archana R. Rajendra
Michael C. Rampe
Jeffrey P. Ray
Timothy D. Reeves
David M. Revore
Frank H. Reynolds
Ronald D. Richards, Jr.
Joshua K. Richardson
J. Richard Robinson
Ann L. Routt
David R. Russell
Michael D. Sanders
Glen A. Schmiege
Jean G. Schtokal
Patricia J. Scott
Theodore W. Seitz
Shiawassee County
George T. Sinas
Stephen Howard Sinas
Webb A. Smith
Jeffrey J. Soles
Thomas M. Spackey
Sherry A. Stein
Michael W. Stephenson
Scott A. Storey
Nicole E. Stratton
Lisa L. Swem
Deanna Swisher
Brent A. Titus
David VanderHaagen
Gordon W. VanWieren, Jr.
Bryan J. Waldman
Sherri A. Wellman
Lawrence O. Wells
Richard E. Whitmer
John A. Yeager
Contributors (gifts up to $299)
Anonymous (2 donors)
Hon. Edwin M. Bladen
Christine M. Campbell
Nan Elizabeth Casey
Consumer Bankruptcy Association
Abby H. Cooper
Candace A. Crowley
Kelly Borel Dardzinski
Donna M. Donovan
D. Dennis Dudley
Tom Fruechtenicht
Hon. Carol Hackett Garagiola
Michael B. Gawecki
Lisa J. Gold
Venceslaus Gore
Socorro Guerrero
Lauren S. Harkness
Joyce E. Hensley
Michael A. Holmes
Thomas J. Jewett
Kurt & Hon. Amy Ronayne Krause
Helen Kuhnmuench
Dean Don LeDuc
Andrew S. Levin
Dale E. Malewska
Marc Martineau
Barry J. McGuire
H. Kirk Meadows
Paul C. Pratt
Hon. David J. Reader
Hon. Julie H. Reincke
Linda K. Rexer
John P. Rooney
Mary Kay Scullion
Charlotte F. Shoup
Carol A. Siemon
Stacy Smith
Zacharie Adam Stephen
Guy L. Sweet
Rebecca G. Sweet
Bruce A. Timmons
Brenda E. Turner
Sally Lynn Wallace
William P. Weiner & Paula R. Latovick
Richard R. Weiser
Hon. William C. Whitbeck
Senator Gretchen E. Whitmer
Judith M. Wood
Paula M. Zera
Zonta Club Of Lansing
George Zulakis & Hon. Laura L. Baird
LSSCM Local Circle
of Excellence:
Dykema Gossett PLLC
Foster, Swift, Collins & Smith, P.C.
Honigman Miller Schwartz and Cohn LLP
Sinas, Dramis, Brake, Boughton &
McIntyre, P.C.
Thrun Law Firm, P.C.
Warner Norcross & Judd LLP
Donated time
Andrew P. Abood
Deborah G. Adams
Robert D. Ashley
Amy H. Bailey
Brendon G. Basiga
David R. Brake
Torree J. Breen
George M. Brookover
Sara J. Brundage
Raymond G. Buffmyer
Rosemary H. Buhl
Robert L. Byington
Richard A. Cascarilla
Nan Elizabeth Casey
Douglas G. Chalgian
Abby H. Cooper
Monica J. Copeland
Janice K. Cunningham
Joseph W. Cunningham
August W. Danowski
Leone Sylvia Degraft
Peter J. DeRose
Dispute Resolution Center
Andria M. Ditschman
Dan Doyle
D. Michael Dudley
Carol Jones Dwyer
Joseph Edward Ernst
Steven Mark Feigelson
Kathy P. Fitzgerald
Frank A. Fleischmann
Robert G. Fleming
Andrew J. Gerdes
Elizabeth C.Ghandakly
Catherine Groll
Sherrie P. Guess
Curtis R. Hadley
Ann Dee Gamboe Hall
Rodney A. Hampton
Kara Rachel Hart-Negrich
Robert Michael Hayes
Matthew S. Hetzner
Duane M. Hildebrandt
Philip E. Hodgman
John J. Homola
C. Mark Hoover
David J. Houston
Carrie E. Folts Huff
Michael Jankowski
Hon. Marilyn J. Kelly
Jeffrey Scott Kemm
Thomas J. Kizer, Jr.
Charles M. Kronzek
Jana L. Kurrle
Valerie Ferrero Lafferty
Thomas L. Lapka
Donald B. Lawrence, Jr.
Katie Lynwood
John Thomas MacDonald, Jr.
David Macias
Michael T. Maddaloni
Donald E. Martin
Marcy R. Matson
Robert E. McCarthy
Patrick V. McGivney
Douglas Eugene Meeks
William W. Morrison
Lawrence Patrick Nolan
Robin L. Omer
Margaret Philpot
Sarah L. Reed
Jacqueline Roessler
Jeffrey Rothstein
Suzan M. Sanford
Kimberly Lynn Savage
Gregory R. Schermerhorn
Maurice E. Schoenberger
Anna Marie Scott
Keldon K. Scott
Mary Kay Scullion
Todd S. Selin
David L. Shaltz
Jamie M. Sheppard
Charlotte F. Shoup
Annette E. Skinner
Dan Skorich
Laura M. Skriba
Webb A. Smith
Susan B. Spagnuolo-Dal
Erica G. Terranova
Veronica T. Thronson
Robert Charles Treat, Jr.
Amy Rombyer Tripp
Pamela R. Tripp
Eric C. Van Steel
D. Louis Weir
Lawrence O. Wells
Kris M. Yockey
Advisory Board members:
Deborah G. Adams
Hon. Laura L. Baird
Louis J. Belzer
John Roy Castillo
Kurt Krause
Mary Kay Scullion
Sreedevy Viswanathan
Melanie Wandji
Lawrence O. Wells
George Zulakis
LSSCM Lansing attorneys:
Nathaniel E. Aquino
Amy M. Barnard
Sarah Evans Bouck
Lindsey Ann Elya
Kara Jo Jennings
Kellie Andrea Maki
Raymond E. Nicol
Lori L. Pourzan
Elizabeth E. Rios
Brandon Michael Scott
Perry B. Thompson
Board of Directors:
(Lansing office):
Janene McIntyre
Lee B. Reimann
Mary Kay Scullion
Sreedevy Viswanathan
Melanie Wandji
Lawrence O. Wells
FOLA Steering Committee:
Michael E. Cavanaugh
Lee B. Reimann
Mary Kay Scullion
Gifts in honor or in memory of:
Sara M. Bladen
Michael Cavanaugh
Ann Conlan
George Krause
James Robinson
Hon. James J. Wood
The LSSCM campaign participates in the Access to Justice
Campaign, a partnership of the Michigan State Bar Foundation,
the State Bar of Michigan and Michigan’s civil legal aid programs.
BRIEFS June 2012
Page 16
Shrimp Dinner highlights
Many thanks to the
Shrimp Dinner
sponsors for their
generous support!
Baird & Zulakis PC
Foster Swift Collins &
Smith PC
Fraser Trebilcock
Davis & Dunlap PC
Law Office of
Catherine Groll PLLC
Law Offices of Shawn
Weera Mertens Laxton
& Clement PLLC
This 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 is
Phil Valella’s last time as organizer.
“Phil has been
handling the Shrimp
Dinner on behalf of the
Association for more
than 40 years,” said
ICBA President Scott
Mandel. “Phil has
provided leadership. He
is described by one of
his cohorts, Frank
Harrison Reynolds, as
the ‘heart and soul’ of
the Shrimp Dinner. Phil
Outgoing ICBA President Scott Mandel lauds Phil Valella for his
has led by example, not many years of service as Shrimp Dinner organizer while
only organizing but also incoming President Stacia Buchanan looks on.
providing the sweat
equity.”
Long time volunteers that have helped Phil for more than 40 years
include Christine Perry, Judge Hugh Clarke, Judge Bill Collette, Joanne
Adam, Jim White, Kerry Cole, Pam Tripp, George Campbell, Tom Kulick,
Kim Eddie, and Frank Harrison Reynolds.
Rancilio & Associates
Speaker Law Firm PLLC
The Nichols Law Firm
PLLC
Thrun Law Firm PC
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
Link to page 1
BRIEFS June 2012
Page 17
Shrimp Dinner highlights (cont.)
Shooting the breeze in the kitchen
Longtime workers Frank Harrison Reynolds and Phil Valella
Senator Gretchen
Whitmer and Susan
Mallory
Jessica Fox, Andrea Larkin and Larry Nolan
Tony Snyder and
Liisa Speaker
Jules Hanslovsky, Judge Cal Osterhaven, and Lori Pourzan
A packed crowd!
Link to page 1
BRIEFS June 2012
Page 18
iPic
kT
ec
hnology
iPick
Tec
echnology
Online Storage and Syncing (part 2)
by Derrick Etheridge
[email protected]
Derrick Etheridge
Use the charts in this
column to decide
which service is best
for you.
This month iPick Online Storage and Syncing, again. Last month’s
column (Part 1) discussed Terms of Service: Who owns your “stuff?” In this
month’s column (Part 2), I compare the big three: Dropbox, Microsoft
SkyDrive, and Google Drive.
Dropbox was the first company to offer online storage and syncing
that was so easy to use that it was a no brainer to adopt it. In the past, I
have picked and written about it in this column. Microsoft SkyDrive came
next. It started off a little shaky but recently has made tremendous
advances 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 the
Google ecosystem: Google Docs, Gmail, Google+, etc.
I know you are asking yourself, which one should I adopt? Why? What
are the differences? To help you answer those questions and to help you
make an educated decision, I put together several tables comparing the
cost and some of the important features of each service. These tables are
based on information taken from the services’ websites and Wikipedia, as
well as several articles. For more info, see the sources listed on my blog.
Storage v. cost
Sto ra g e
G ig a bytes
M a x File Siz e
G ig a bytes
D ro p b o x
2
50
100*
N o li m i t v i a
D e sk to p A p p .
300 M B v i a
D ro p b o x
w e b si te
F re e
$ 9 . 9 9 / m o n th o r $ 9 9 / y e a r
$ 1 9 . 9 9 / m o n th o r $ 1 9 9 / y e a r
M i c ro so f t
S k y D ri v e
S k y D ri v e 7 * *
S k y D ri v e + 2 0
S k y D ri v e + 5 0
S k y D ri v e + 1 - -
2
F re e
$10/y e ar
$25/y e ar
$50/y e ar
G o o g le
D ri v e
5
25
100
200
400* * *
10
F re e
$ 2 . 4 9 / m o n th
$ 4 . 9 9 / m o n th
$ 9 . 9 9 / m o n th
$ 1 9 . 9 9 / m o n th
Ser v ic e
*Need more storage?
Consider a Dropbox
Teams account, which
starts out at $795/year.
**If you are an existing
user, you may be
grandfathered in to 25
gigabytes free storage.
***Additional storage,
up to 16 terabytes, is
available. For more
info, click here.
Co st
Please see iPick on next page
Link to page 1
BRIEFS June 2012
Page 19
iPick, continued from previous page
App integration with service
Ser v ic e
W indo w s /
M a c A pp
T hir d-Pa r ty A pp
Integ ra tio n
D ro p b o x
Ye s
i Ph o ne - Ye s
i Pad - Ye s
And ro i d - Ye s
W i nd o w s Ph o ne - N o
Ye s
M i c ro so f t
S k y D ri v e
Ye s
i Ph o ne - Ye s
i Pad - Ye s
A n d ro i d - N o
W i nd o w s Ph o ne - Ye s
W i nd o w s 8 Ap p s
G o o g le
D ri v e
Ye s
i Ph o ne - C o m i ng S o o n
i Pad - C o m i ng S o o n
And ro i d - Ye s
W i nd o w s Ph o ne - N o
Ye s
M o bile A pp
File sharing - file access - document editing
Sync A ny L o c a l
Fi le Fo lder
C o lla bo ra ti ve
Do c um ent
E diting
P ub li c - Ye s
Pri v ate - Ye s
No
No
Ye s
P ub li c - Ye s
Pri v ate - Ye s
Ye s. Any f o ld e r o n
a re m o te P C w i th
tw o - ste p
a u th e n ti c a ti o n .
Ye s
Ye s
P ub li c - Ye s
Pri v ate - Ye s
No
Ye s
Ser v ic e
W eb
A c c es s
D ro p b o x
Ye s
M i c ro so f t
S k y D ri v e
G o o g le
D ri v e
Fi le Sha r i ng
These tables don’t tell you everything, but are good for comparison
purposes. You have to take into consideration your workflow and your
technology.
Until Microsoft SkyDrive and Google Drive are integrated with the apps
I use, I will continue to use Dropbox. I only hope that the competition will
bring down its cost.
H. Derrick Etheridge, J.D., LL.M., of the Law Offices of Derrick
Etheridge, PLLC, is a solo practitioner, whose law practice focuses on
Criminal Defense.
Visit my website at www.derricketheridge.com or my blog, the
Michigan Criminal Law Blog at www.micrimlawblog.com. For comments,
please send me an e-mail at [email protected]. Follow me
on Twitter at www.twitter.com/micrimlawtweets.
Link to page 1
BRIEFS June 2012
Page 20
COMPUTER TECH TIPS
Are you getting ripped off on web hosting?
by Chris Fritz
[email protected]
Chris Fritz
A web host is a company that stores your website and puts it out onto
the Internet. Unfortunately, I work with a lot of organizations that pay
hundreds of dollars per year for this service - and that's almost certainly
way too much for your needs.
If you're in this category, I recommend Bluehost for $60/year. They
don'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 where
you can talk to real people if you ever have questions or trouble figuring
something out. If you want testimonials, shoot me an email and I'll put
you in touch with local organizations that currently use Bluehost.
If you don't have a techie on staff, I recommend these links for
learning how to transfer your website and transfer your domain. If you
still have questions, feel free to contact me to make sure you're doing
everything right. If you're still not comfortable though, this is something I
can coordinate for you (typically for $150).
Chris Fritz is the founder & CEO of Power On, a computer repair and
tech support center, with a strong focus on education. It helps you learn
more and do more with your technology, to save you stress and grant you
power. You can find PowerOn downtown at 114 W. Allegan, online at
PowerOnLansing.com, or on the phone at 517-798-6098.
Link to page 1
BRIEFS June 2012
Page 21
The art of writing thank you letters
Points
to Practice
How to write a thank
you letter that sets
you apart from the
crowd.
by Kristin B. HIntz
[email protected]
Sometimes job candidates do not want to send a thank you letter
following an interview because they feel it is another opportunity to
potentially make a mistake and ruin their chances of receiving an offer, or
they assume the employer has already made up their mind on their
candidacy, so the letter will have little impact. In my experience, sending
a thank you letter is important and is the last written step in the job
search 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 and
remind the potential employer of why they are the right person for the
job. It is also a nice way of simply thanking the interviewer(s) for taking
time out of their busy schedules to talk with the candidate. The main
reason for writing a thank you note is to reinforce why the candidate is
the top choice and reiterate why their background, skills, and interests
are the best fit for the position. There are several ways to do this. For
example, if Sarbanes-Oxley was discussed during the interview, the
candidates can reference this by including a link to a recent article in the
thank you letter. In addition, referencing practice areas, or how the
organization’s mission matches the candidate’s, is important. If import
and export issues came up during the interview, the candidate could
mention in the thank you letter their experiences in global
communication, particularly if they failed to mention it during the
interview. Another valuable piece of content in the thank you letter can
be referencing a personal connection. If the interviewer and candidate
discussed baseball and discovered they were both Tiger fans, a reference
to a recent winning game can make a candidate memorable.
Often candidates have trouble deciphering to who and how many
thank you letters they should send. Ideally, each and every person they
interviewed with and met is the best, including the secretary who may
have 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 the
notes for each person, so that the candidate’s graciousness and genuine
interest will be perceived as more sincere to the recipients. It is always
best 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 through
email or through U.S. mail. Some opinions and industries indicate that
sending a thank you through email is best and most practical, since it will
ensure a quick delivery and enables recipients to forward it to others
more efficiently. Some say a handwritten or typed letter through the mail
differentiates the candidate since it is rarer, and appears more sincere.
Ultimately, candidates should just default to previous communication
with 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 Law
Career Services Office.
Link to page 1
BRIEFS June 2012
Page 22
Work release, continued from page 1
Work release
policies vary by
county but new
legislation would
standardize some
practices.
verify the information with the court within seven days of release and
weekly thereafter.
Last September, the Greenes were killed following the work release of
Christopher Perrien, who now faces charges of murder. Perrien had
submitted a letter as proof of his employment with an East Lansing
construction company. However, the company did not exist. Since then,
the Eaton County Sheriff’s Department has reportedly enacted measures
similar to those which would be required by the proposed legislation.
However, the legislation would significantly change practices for other
nearby counties, as BRIEFS inquiries to Ingham, Clinton, and Shiawassee
county sheriff’s offices showed. GPS tethers are not currently required for
work release inmates in Ingham, Clinton, or Shiawassee counties.
Ingham County currently adheres tightly to the commitment provided
by the sentencing judge, and relies on the court to verify employment on
the front end, although the sheriff’s department does require prisoners to
fill out several forms. Additionally, prisoners are required to bring in a pay
stub to verify continuing employment for continued participation.
Prisoners are also required to pay a fee to participate.
Shiawassee County procedures vary depending on whether the
prisoner comes from district or circuit court. Shiawassee county circuit
courts verify employment, while the sheriff’s department verifies
employment for prisoners from district court. Shiawassee also requires
prisoners to bring in pay stubs periodically and the sheriff’s department
makes continuing inquiries as possible to verify employment.
As in other counties, Clinton County work release procedures begin
with a commitment from the court stating the prisoner is eligible for work
release. The sheriff’s department then requires a letter from the
employer, a work schedule, and a fee for a prisoner to begin work
release. The Clinton County Sheriff’s Department also periodically verifies
employment.
The proposed legislation is sponsored Republicans Sen. Rick Jones, a
former Eaton County Sheriff, Sen. Tory Rocca, and Sen.Tonya Schuitmaker.
Brett DeGroff is a Michigan Supreme Court law clerk. His primary
areas of interest are appellate law, criminal law, and probate and trust
law. He can be reached at (517) 763-8560 or [email protected].
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BRIEFS June 2012
Page 23
MAC nonprofit, continued from page 1
In 2009, nearly 50
percent of Detroit’s
adult population was
functionally illiterate.
Detroit needs
support from
organizations that
maximize out-ofclass time, offer
individual support,
and provide college
prep and job training
opportunities to
youth.
a scathing documentary, “A National Disgrace,” journalist Dan Rather
drew attention to Detroit’s scoring on the National Assessment of
Educational Progress (NAEP) test. In 2009, Detroit students scored the
lowest scores ever on the NAEP tests. Rather went on to share that nearly
50 percent of Detroit’s adult population are functionally illiterate.
Efforts by the Detroit Public Schools, the State of Michigan, and
several nonprofit and business entities have yielded apparent gains. In
February 2011, Detroit Public Schools announced that it had raised its
overall graduation rate to 62 percent and lowered its dropout rate to 19
percent from 30 percent in 2007. However, much work must be done to
reach the goal of a 98 percent graduation rate by the year 2015.
To reach its challenging goal, Detroit needs support from
organizations 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 of
these organizations but Detroit doesn’t, says Terri D. Slaughter, founder
and CEO of MAC. In keeping with the old adage, “it takes a village to
raise a child,” Slaughter wants to involve the community in getting
Detroit youth ready for college and the workforce.
MAC offers Detroit students an Academic Year Program and a Summer
Intensive Program. During the Academic Year Program, students engage in
online mentoring sessions with a career mentor. Career mentors are
professionals willing to use their skills, insights and experiences to
positively impact the lives of area youth. To help students connect with
their mentors on more personal level, in-person events are held monthly.
During the Summer Intensive Program, students partake in one of two
rigorous experiential learning programs. For students interested in
pursuing technical or skilled trade careers, the Technical Achievement
Program 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, the
College Access Program focuses on enhancement of critical skills,
(writing, critical thinking, problem-solving), college match (finding the
right college to meet specific needs), entrance test preparation and
identifying and applying for scholarships.
After its establishment in Detroit, MAC hopes to be a replicable model
across Michigan, the Midwest, and throughout the country. As MAC
completes its start-up stage, its most compelling goals include securing
funding support, identifying partner schools, and seeking individuals and
corporate teams willing to donate a few hours a month to make a
difference in the lives of youth.
For information about Metro Achievement Connection (MAC), please
contact Terri D. Slaughter at [email protected].
Latoya Jackson is a third-year law student with an interest in business
transactional law. She is a member of the Black Law Student Association,
the Christian Legal Society, and the Business Law Society at MSU College of
Law. Latoya is a second semester clinical resident at the Small Business &
Nonprofit Clinic. She can be reached at 517-336-8088, option 3, or at
[email protected] with “ATTN: Latoya” in the Subject line.
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BRIEFS June 2012
Page 24
Judicial election candidates
The following pages give brief biographical information about the
preliminary judicial election candidates for the primary election in
August.
54-B District Court
Thomas P. Clement
Thomas P. Clement
Tom Clement is an actively practicing attorney who is in district,
circuit and federal Court on a regular basis. He began his career as an
assistant prosecuting attorney in Eaton County, where he was primarily
responsible for the docket of District Court Judge Harvey Hoffman.
His time as an assistant prosecutor afforded him the opportunity to
spend countless hours in the District Court along with working closely with
victims of crimes.
Since leaving the Prosecutor’s office, Tom has engaged in private
practice and continued his extensive work in the courtroom. In addition
to his practice, Tom is an adjunct faculty member at Thomas M. Cooley
Law School where he teaches required courses in evidence and criminal
law.
Tom is married to Beth, also an attorney. Together Tom and Beth take
great pride in their four children; Jordan, Clare, Leo, and Camille.
Andrea Larkin
Andrea Larkin
Andrea Larkin is seeking the 54B District Court Judge position in East
Lansing, following the retirement of The Honorable David Jordon who has
held the seat for 24 years.
If elected, Larkin would be the first woman judge in the history of the
East Lansing District Court.
Larkin graduated with honors from the University of Notre Dame in
1980 and received her J.D. from the Notre Dame Law School in 1983. She
practiced law at the Varnum Firm in Grand Rapids where she was the
acting assistant city attorney for Grandville and had an extensive District
Court practice. She was most recently a partner in the Lansing office of
the Detroit law firm of Dickinson Wright where she practiced civil and
commercial litigation in all the courts of Michigan (District, Circuit, the
Court of Appeals and the Supreme Court), as well as the Federal courts.
Larkin was born and raised in Lansing and her parents, Vernon and
Grace Andrews, both hold undergraduate and graduate degrees from MSU.
Larkin and her husband, Michael, an attorney with the Sinas Dramis law
firm, have resided in East Lansing for 24 years and have three children,
Edward, 23, Ted, 20 and Grace 16. “This court is unique because the
student population is virtually as large as the population of the city itself.
I believe my experiences as a mother and an attorney bring a different
perspective to the court in East Lansing,” said Larkin.
Please see Candidates on next page
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BRIEFS June 2012
Page 25
Candidates, continued from previous page
54-B District Court (cont.)
Frank McAlpine
Frank McAlpine
Frank 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 medical
malpractice, criminal, civil, and business cases.
He has worked as a specially designated hearing officer, hearing cases
concerning the Individuals with Disabilities Act. He has been an active
member of the East Lansing community and in 2004 accepted the Crystal
award from the City of East Lansing on behalf of the East Lansing Soccer
Club. Frank McAlpine volunteers his time representing disabled children
with claims under the Individuals with Disabilities Education Act and helps
with a group home for the disabled in the city of Reading, Michigan.
He is married to Monika Leitgeb, a doctor at Sparrow Hospital, and has
three sons, Michael, James, and Chris.
Mark Meadows
Mark Meadows
Mark S. Meadows serves as State Representative for the 69th House
District, which includes Meridian Township and parts of Lansing, East
Lansing and Williamston. Rep. Meadows earned an undergraduate degree
at Western Michigan University and his law degree at Michigan State
University, formerly Detroit College of Law.
He was appointed as an assistant attorney general in 1975 and was
assigned to represent, at various times, the Department of Social
Services, Mental Health, Natural Resources, and State Police. He also
served in former Attorney General Frank Kelly’s Environmental Protection
Division, represented the Public Service Commission, and was general
counsel to the Commission on Law Enforcement Standards.
Rep. Meadows was elected as Mayor of East Lansing in 1997 and reelected in 1999, 2001 and 2003. His final term expired in November 2005.
Rep. Meadows also served on the East Lansing City Council from 1995 until
2005.
Rep. Meadows and his wife, Pam, are the proud parents of four East
Lansing High School graduates: Kirk, Tori, Maureen and Tara, and the
proud grandparents of four: Aurora, Cameron, Taylor and Lauren.
Please see Candidates on next page
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BRIEFS June 2012
Page 26
Candidates, continued from previous page
Eaton County Circuit Court
Jan Cunningham
Jan Cunningham
Jan Cunningham has announced her candidacy for Eaton
County Circuit Judge to fill the seat vacated by retiring Judge
Thomas S. Eveland.
Jan has experience as a practicing attorney, business person
and community leader. She has received the highest ranking from
judges and her peers for her legal ability and ethical standards.
She has served her community in many ways including on the
board of directors for the Sixty Plus Legal Clinic, Legal Aid of
Central Michigan, and advisor for the Michigan Youth in Government
Program. In 2010 she was the recipient of the Camille S. Abood
Volunteer Award.
Jan has been married for 25 years to Steve Transeth and has
three sons, Matthew, Michael and David. They have lived in Eaton
county for the past 24 years.
Steven Freeman
Biography not available at the time of press.
Steven Freeman
Please see Candidates on next page
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BRIEFS June 2012
Page 27
Candidates, continued from previous page
Ingham County Circuit Court
Charles Ford
Charles Ford
Attorney Charles E. Ford is a native of Lansing, Michigan and has been
a private practice attorney for over 23 years in which two years were
spent 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 the
Michigan Department of Transportation, where he worked for over 30
years. Mr. Ford is graduate of Thomas M. Cooley Law School where he
received the Most Distinguished Graduate Award. He is also a graduate of
Michigan State University with a Master’s degree in labor and industrial
relations. Mr. Ford has a Bachelor’s degree in business administration
from Northwood University and an Associate’s degree from Lansing
Community College. He is proud graduate of J.W. Sexton High School (The
Big Reds) located in Lansing,.
Mr. Ford’s major areas of practicing law are: criminal and civil
defense; divorce and child custody; sports and entertainment contract
law; real estate and landlord/tenant; and probate.
Mr. Ford is presently serving on the Lansing School Board, where he
was elected in 2007 and was vice president of the board in 2011. He was
also elected to the Lansing City Council where he served from 1990-1993.
Mr. Ford is President of the dance group Dance For Life, which he
founded in 2004. He was inducted into the Greater Lansing Sports Hall of
Fame in 1997 and was selected by Sport Magazine in 2010 as one of the
top 150 Athletes of the past 150 years in the Mid-Michigan area.
Jim Jamo
Jim Jamo
Jim Jamo has litigated for 27 years in the Michigan Circuit Courts,
Court of Appeals, Supreme Court and Federal Courts. Mr. Jamo’s diverse
experience includes personal injury, employment discharge, civil rights,
construction, products liability and business disputes.
Mr. Jamo serves on an Attorney Discipline Board Hearing Panel. He is
a trained facilitative mediator, and volunteers with the Resolution
Services Center of Central Michigan. He is a member of the American Bar
Association, State Bar of Michigan, Ingham County Bar Association,
Michigan Defense Trial Counsel, Michigan Association for Justice, and
Fellows of the Michigan State Bar Foundation. AV-rated (MartindaleHubbell) for more than 20 years, Jim has earned the respect of attorneys
and 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 two
children. Jim received a Bachelor of Arts Degree from the University of
Michigan, and his Juris Doctor, Cum Laude, from Thomas M. Cooley Law
School. “I look forward to upholding the high standard of excellence and
respect the public and Bar deserve from the Ingham County Circuit Court
bench,” said Jamo.
Please see Candidates on next page
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BRIEFS June 2012
Page 28
Candidates, continued from previous page
Ingham County Circuit Court (cont.)
Ayanna D. Jones
Ayanna D. Jones
Ayanna D. Jones, assistant prosecuting attorney for Ingham County
Prosecutor’s Office, is a honors graduate of J.W. Sexton High School and
holds a Bachelor of Arts in political science from the University of
Michigan, and a Juris Doctor with a concentration in business transactions
from Thomas M. Cooley Law School. She is also the mother of two.
She started her legal career practicing civil law. She has worked as an
assistant prosecuting attorney for the past eight years. During her work
as an assistant prosecutor she has worked in the family, district and
circuit courts. She has handled thousands of cases and is in the courtroom
on a daily basis. She is currently assigned to the circuit court where she
prosecutes felony cases.
“I am running for office because my experience, philosophy and
temperament qualify me best to serve as the next judge of the Circuit
Court and because I desire to continue to make a positive difference in
this community that I not only live in but have been a part of and
involved in my entire life.”
Ken Ross
Ken Ross
Ken 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 State
Rep. Agnes Dobronski, attending Thomas Cooley Law School’s night
program.
Mr. Ross was hired by Attorney General Frank Kelly in 1998 and worked
in the Tort Defense Division. He spent several years with Michigan Credit
Unions, 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 general
counsel for Citizens Republic Bancorp.
As commissioner, Mr. Ross advocated for Michigan consumers and the
long-term survival of our auto no-fault system. Examples include:
• Frequently testifying in support of making the Michigan
Catastrophic 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 travel
excessively
• Brokered creation of the Michigan Health Insurance Plan, providing
health care for those with pre-existing conditions.
• Negotiated auction rate securities settlements with Goldman Sachs
and other banks, freeing up $4.37 billion to Michigan consumers, $9.5
million in settlements to the State treasury.
Please see Candidates on next page
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BRIEFS June 2012
Page 29
Candidates, continued from previous page
Ingham County Circuit Court (cont.)
Wanda M. Stokes
Wanda Stokes
Attorney Wanda M. Stokes is an alumna of Michigan State University,
and received her Juris Doctor from the University Of Detroit Mercy School
of Law. She is a practicing attorney currently with the Michigan Office of
Attorney General. She was appointed an assistant attorney general in
1999 by Jennifer M. Granholm.
Ms. Stokes was the first African-American chief of staff for the Office
of Attorney General. Her responsibilities included supervision and
administration of the Office of Attorney General in the areas of Human
Resources, Legislative initiatives, Communications, and Fiscal
Management with a budget of over $68 million dollars. Ms. Stokes was
also bureau chief of the Child & Family Services Bureau. She provided
legal counsel to the Department of Corrections, the Secretary of State,
Department of Community Health, and currently the Department of
Licensing and Regulatory Affairs. Ms. Stokes provides legal counsel on
numerous legal, legislative and policy issues. She also chairs the
Professional Responsibility, Ethics and Policy Committee.
Prior to joining the Office of Attorney General, Ms. Stokes worked as
an attorney at Auto Owners Insurance Company in Lansing and at Ford
Motor Company in Dearborn. She also served as an adjunct professor at
Thomas 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 is
actively involved with organizations promoting issues affecting families,
children, and our communities.
Ms. Stokes’ community service includes the board of directors for the
Capital Area United Way; sponsor and member of the Host Committee of
the 2012 Empty Plate Dinner for the Greater Lansing Food Bank; member
of the State Bar of Michigan District E Committee on Character & Fitness;
and member of Delta Sigma Theta Sorority, Inc. a public service
organization. She also served as former chair of the Highfields Board of
Directors; board of directors for the Boys & Girls Club of Lansing; board of
directors for the Lansing YWCA; and trustee of Union Missionary Baptist
Church.
Ms. Stokes is married to Lansing native, Colonel James E. Stokes, a
career Army Officer currently serving as the United States Property &
Fiscal Officer for Michigan. They have been married for 22 years and are
members of the Union Missionary Baptist Church in Lansing.
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BRIEFS June 2012
Page 30
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.
MSU Football Coach Mark Dantonio, attorney Frank Harrison Reynolds,
Fox 47 newscaster AJ Hilton, local police officers, and many other local
notables took part in the 1st Annual Big Breakfast hosted by the Big
Brothers 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 Impact
Award, and Jack Schmidt won the Big Brother of the Year Award.
The point of the event was to raise “M&Ms” – that is, money and
mentors – for Big Brothers Big Sisters, which provides one-on-one
mentoring for at-risk children in Ingham, Eaton, Ionia, Clinton, and
Shiawassee counties.
Although the Capital Region counties do not have the violence of
Detroit, Pontiac, Flint and Saginaw (four of the nation’s 10-most violent
cities), the area does have higher high school drop-out rates, and BBBS
would like to solve this problem.
There is proof that when BBBS gets involved, academic performance
increases. By participating in the BBBS program, students are 52 percent
less likely to skip school, 46 percent less likely to use illegal drugs, and
are more self-confident in school.
Coach Dantonio noted that commitment, communication, and trust
were keys to success when working with young people. He said he spends
at least an hour with each player on his team discussing their postfootball life plans. “They don’t care how much you know until they know
how much you care,” he said. He added that Big Brothers and Big Sisters
are always welcome to bring their Little Brothers and Sisters to MSU
practice sessions.
BBBS has three hallmarks which make it unique: 1) it does rigorous
background checks on mentors, aided by the Michigan State Police; 2) its
case managers are qualified professionals, and 3) in the Michigan Capital
Region, match relationships between mentor and youth last an average of
45 months, where other BBBS organizations have match relationships
lasting 12 to 24 months.
Event attendees were invited to become founding members of the
BBBS Start Something Big Society. Money collected will help BBBS expand
and provide more mentors for at-risk youth.
To join the Start Something Big Society, or to become a Big Brother or
a Big Sister, contact Elizabeth Hoelscher at [email protected]. You
can also attend a Path to Start Something event, which are held each
second Tuesday of the month at 4:30. RSVP to Ms. Hoelscher for more
information at the above email address.
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BRIEFS June 2012
Page 31
BRIEFS Advertising Rates
Contact [email protected]
or call 627-3938.
Business card - 1/8 page (2” H x 3.5” W)
$50/1 ad
$170/4 ads
$280/9 issues
1/4 page (4” H x 3.5” W)
$100/1 ad $340/4 ads
$560/9 issues
1/2 page (4”H x 7”W)
$200/1 ad $780/4 ads
$1120/9 issues
Full page (8”H x 7”W)
$375/1 ad $1275/4 ads
$2100/9 issues
Classified, Law Firm & Business Links
$25/1 ad
$85/4 ads
$140/9 issues
Publication months: September to June
with combined December/January issue.
Deadline for advertising is formally the
15th of the month for the following month.
Acceptance of late submissions is subject to
the discretion of the editor.
Graphics should be in JPG or GIF
format, and provided as a separate file (not
included in the document).
Special fonts needed for advertising
should be provided.
The Ingham County Bar Association
reserves the right to refuse advertising it
deems inappropriate or copy that does not
meet graphical standards.
Payment must be received in advance of
ad insertion. Please mail your advertising
contract with payment to:
ICBA
P.O. Box 66
Grand Ledge, MI 48837
For non-billing questions regarding ad
placement, Contact Becky Scott at
[email protected].
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