Neg Law E-News

Volume 11 #4

Summer 2020

Message from the Chair

James Bradley

Secrest Wardle

As I consider my thoughts for the last newsletter of the Negligence Section 2019/2020 year, I can’t help but marvel at the hard work and professionalism of the members of the Negligence Section Council. Despite the difficult and challenging times brought about by changes to the Michigan Court Rules and the No-Fault Statute, not to mention the ongoing pandemic involving COVID-19, the Negligence Section enjoyed one of its most productive and remarkable years in memory...

Government Affairs Update

Todd Tennis

Capitol Services

The COVID-19 pandemic has been a public health and economic disaster for Michigan and the entire country. Nearly as bad as the pandemic has been the nonstop raging political battles regarding how best to address this calamity. Do we close businesses? Which ones? Should we wear masks? How do we protect “essential” workers? When should we reopen schools? The fighting over these questions (and others) have made it all but impossible for Americans to tackle this pandemic in a unified manner...

Michigan Lawyers Weekly wants to hear about your verdicts and settlements:

Please submit recent civil cases (within the past six months) where you prevailed - whether in a jury verdict or a settlement -- so MLW may publish them.

Questions about Lawyers Weekly's Verdicts and Settlements policy may be directed to the editor at (800) 678-5297 or editor@mi.lawyersweekly.com.

Special Offer from the MAJ and MDTC

The Michigan Association for Justice in cooperation with The Michigan Defense Trial Counsel offer their membership and the public this first opportunity to purchase:

Motor Vehicle No-Fault Law in Michigan (TextBook)

2011 Edition includes 2015 supplement

The State Bar of Michigan Lawyer Referral Service (LRS)

The SBM Lawyer Referral Service (LRS) currently receives more than 500 calls each week from people looking for lawyers. Many of these are unable to find a match because there are not enough attorneys in some geographic areas or in some practice areas. For more than a year we have been revising and improving the LRS. The result is a system that produces better matches for attorneys and consumers alike. We are ready to begin a significant marketing initiative to consumers and we need more lawyers to participate as panel members.

Here are few examples of concrete improvements: Better matches mean a higher likelihood of securing paying clients than ever before. The new online platform now automates much of the tracking and reporting that attorneys had to do in the past. In addition to traditional cases, LRS has added Modest Means panels for family law and bankruptcy, and opportunities for attorneys to market Limited Scope practice.

Thank you very much. We are excited about these new opportunities for your section members to expand their practices and to enhance access to quality legal services throughout Michigan.

Click here to learn more about LRS

Click here to learn more about joining one or more of our LRS panels

Click here to learn more about Limited Scope practice

Remember to renew your membership to the Negligence Section when you renew your State Bar Annual Dues!

New Members of the Negligence Law Section

as of 7/20/2020

Foraiyah Babar

Jasonl Beavers

Angelo Berlasi Jr.

John Brown

Andrew Busch

Victoria Butts

Amandeep Chaggar

Daniela Chiaravalloti

Megan Denha

Laura Duncan

Kristin Finkbeiner

James Frisch, III

Zachary Garris

Charles Hatch, III

Krenissa Hicks

Stephanie Kastaw

Katelyn McDowell

Mark Mohler, Jr.

Mohammad Moussa

Adel Nucho

Evon Pervan-Keller

Kallye Pinkerton

Arnold Reed, II

Taylor Rogers

Jennifer Rutkowski

Jessica Stephens

Jason Tenenbaum

JoAnna Tomaszewski

Sarah Valente

Deja Vasquez

Risk Management Concerns in the Age of Covid

Mark Gilchrist

Smith Haughey Rice & Roegge PC

Debra Freid

Freid Gallagher Taylor & Associates PC

Every lawyer has had to revise their operations, workspace and use of technology while adjusting to practicing law during the pandemic. The modifications, at least for litigators have typically included working from home, remote attendance at hearings or depositions and the use of skeletal staff to conduct the typical operations necessary to managing a law firm. Despite these new realities a lawyer’s ethical responsibilities provided for in the Michigan Rules of Professional Conduct (“MRPC”) remain unchanged. Even though all of our practices have transformed significantly this calendar year, our ethical requirements are the same. This article will highlight some of the potential pitfalls associated with our new ways of practicing and offer risk management solutions to ensure compliance with our ethical obligations....

. . . Keep Reading

You Say You Want a Resolution?

Kyle Smith

Collins Einhorn Farrell PC

Less than 2% of civil lawsuits in Michigan proceed to trial, according to a recent study that I just made up but is probably not too far off. And since the days of settling cases over a beer and a handshake don’t appear to be coming back, all those cases that don’t go the distance to trial have to be resolved somehow. Enter: alternative dispute resolution...

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Insurance Coverage Advisor

Robert June

Law Offices of Robert June PC

Read the insurance policy. The right insurance policy. Carefully and in context. That is the

underlying message to draw from the Michigan Supreme Court’s recent decision in Skanska USA Building Inc v MAP Mechanical Contractors, Inc., ______ Mich _____ (2020). The decision provides an excellent lesson in interpreting contracts....

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About the Judicial Award Recipient - A Friend's Insight

James Bradley

Secrest Wardle

At the recent Negligent Section’s awards banquet, Ingham County Circuit Judge James Jamo was recognized as the outstanding trial judge for 2019/2020 by the Negligence Section Council...

. . . Keep Reading

About the Outstanding Achievement Award Recipient - A Friend's Insight

Michael Sanders

Foster Swift Collins & Smith PC

A “legend” is generally defined as something non-historical or unverifiable -- something mythical in nature that is handed down by tradition from earlier times. However, Webb “Tony” Smith’s status as a living “legend” is easily verifiable -- he is a first class trial lawyer, a superb mentor, the consummate partner, and a loyal friend to so many. As such, he is a most fitting and deserving recipient of the 2020 “Outstanding Achievement Award” to be presented by the Negligence Section of the State Bar of Michigan on August 13...

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About the Earl J. Cline & Sherwin Schreier Award Recipient - A Friend's Insight

Robert Raitt

Michigan Auto Law

Anyone that practices personal injury law knows that on average Medical Malpractice cases are amongst the most difficult cases an attorney can handle. Many times they are extremely technical. Most of the time they are very costly. And every time they are extremely difficult to navigate towards a favorable outcome. Judy Susskind has spent over 30 years representing Plaintiffs in medical malpractice lawsuits...

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About the Distinguished Service Award Recipient - A Friend's Insight

Robert Riley

Riley & Hurley PC

Throughout its history, the Negligence Section of the State Bar of Michigan has recognized lawyers and judges who have made significant contributions TO, for and on behalf of their clients, the courts and our society. In 2019, the Section came to the realization that it had never specifically recognized those who have made outstanding and sustained contributions to the Section itself. This led to the establishment of the Distinguished Service Award. The inaugural recipient is Barry J. Goodman...

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LJAP Wellness Information

LJAP would like to take this opportunity to reach out to all of you and offer support. We understand that this pandemic has been and continues to be a large source of stress and anxiety not only in our personal but also professional lives. We want you to know you are not alone and we are here to help. The program has transitioned to virtual assessments and meetings which also includes our many presentations. We are able to do these over Zoom and can offer many different length and time options that fit your group the best.

You may be aware that the LJAP is here to assist attorneys who are experiencing difficulties with regard to substance use and/or mental health issues, but you may not know that the LJAP is here to support the health and wellness of all attorneys. We do this by offering free education and support in the form of confidential consultations for persons who are concerned about their own wellbeing, that of a colleague, or family member; as well as providing a wide variety of informative presentations.

Below please find:

Brief Article about the Lawyers and Judges Assistance Program
List of Educational Presentations that LJAP staff is available to present for your organization
LJAP Poster that can be printed and provided upon request

Here are a few links that also may be on interest:

LJAP Home Page - https://www.michbar.org/generalinfo/ljap/home

On Balance Podcast Main Page - https://www.michbar.org/pmrc/podcast

ABA COLAP Lawyer Well Being Page - http://lawyerwellbeing.net/

Additionally, if you would like the LJAP staff to address a wellness issue that is not on this list, please let us know, and we can customize a presentation to fit your needs.

Please feel free to publish the attached article at your discretion, and do not hesitate to contact us if you would like LJAP to come out and speak to your group.

I wish you the best as we all continue to adjust and change during this trying time and hope to hear from you soon.

Sincerely,

Molly Ranns – Interim Program Director

Jennifer Clark - Program Coordinator

Tom Grden – Clinical Case Manager

Jeff Zapor – Clinical Case Manager

Brief Article

Presentations

LJAP Poster

Negligence Law Section New Council Member

John W. Whitman

Garan Lucow Miller PC

Negligence Law Section's LinkedIn Page

Did you know that the Negligence Law Section has a LinkedIn page? We share lots of information, including when events are taking place, interesting articles from both our own members and other pages. We encourage you to follow our page! Click the link below and then click the follow button in the upper left corner.