Grand Rapids Lawyer Nov-Dec 2013

A P U B L I C AT I O N O F T H E G R A N D R A P I D S BA R A S S O C I AT I O N

The Grand Rapids Lawyer

NEW CIVICS PROGRAM

The 3Rs: Rights, Responsibilities, Realities.

Details inside‌

Serve. Educate. Promote Justice.

NOVEMBER / DECEMBER 2013

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THE GRAND RAPIDS LAWYER is published by the Grand Rapids Bar Association Waters Building 161 Ottawa Ave., NW, Suite 203-B Grand Rapids, MI 49503 www.grbar.org 616.454.5550 / 616.454.7707 fax Editorial

Mieke Stoub

Anne Marks-Gaertner Advertising Coordinator

Debbie Kurtz STAFF

IN THIS ISSUE: 4 Michael Barnes Award Recipient

By Lacy Cook

Executive Director Kimberly Coleman/ext. 105 kimc@grbar.org

5 President’s Perspective

By Kristin Vanden Berg

Executive Assistant/Membership/ Inns Administrator Debbie Kurtz/ext. 101 debbie@grbar.org

7 The 3Rs in GRPS

By Natasha Neal

Communications Specialist/ grab LAW Administrator Mieke Stoub/ext. 109 mieke@grbar.org Administrative Assistant/ Foundation Administrator Elaine Bugbee/ext. 100 elaine@grbar.org Lawyer Referral Administrator Nancy King/ext. 107 nancy@grbar.org OFFICERS & TRUSTEES President Kristin M. Vanden Berg. . . . . . . . . . 616.456.2468 President-Elect Thomas R. Behm . . . . . . . . . . . . . . . 616.235.5500 Vice-President Patrick F. Geary . . . . . . . . . . . . . . . . . 616.458.5358 Secretary Randall Velzen. . . . . . . . . . . . . . . . . . 616.233.9160 Treasurer Elizabeth K. Bransdorfer. . . . . . . . 616.632.8000 Immediate Past President T.J. Ackert . . . . . . . . . . . . . . . . . . . . . . 616.831.1730 Trustees David E. Bevins. . . . . . . . . . . . . . . 616.235.3500 Elizabeth Joy Fossel . . . . . . . . . . 616.336.6000 Benjamin H. Hammond. . . . . . . 616.458.3600 Sarah Riley Howard. . . . . . . . . . . 616.752.2541 Hon. William G. Kelly. . . . . . . . . . 616.554.0717 Edward P. Perdue. . . . . . . . . . . . . 616.458.1300 Courtney L. Quist. . . . . . . . . . . . . 616.454.9008 Brian K. Lawson. . . . . . . . . . . . . . . 616.235.3500 Marcus Jones. . . . . . . . . . . . . . . . . 616.787.5799 ON THE COVER: (In Alphabetical Order) Brian Lennon, Christine Holst, Courtnet Quist, Erika Hoodhood, Ford Turrell, James Sterken, Jennifer McManus, Jon Vander Ploeg, Mark Smith, Nick Curcio, Rose Kleff, Ryan Grondzik, Salina Choice, Sarah Miller, Stephanie Myott, Tom Behm.

For a full list of faculty members, turn to page 7.

Nov/Dec 2013 8 YLS Update

By Stephanie Newton

14 E.D. Torial

By Kimberly Coleman

10 Photos

15 Mentoring

By Randall Velzen

13 Criminal Notes

By Timothy McMorrow

18 Friends of the LAC

By Deborah Hughes

NOVEMBER 2013

DECEMBER 2013

JANUARY 2014

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American Inns of Court Cooley Law School Downtown Grand Rapids

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American Inns of Court University Club 5:00 pm

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Lunch & Learn Kent County Courthouse 12:00 pm - 2:00 pm

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13 3Rs Program Session Ottawa Hills High School

Family Law University Club 3-5 pm Section Meeting 5:00 -7:00 pm Holiday Party

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13 Ask-A-Lawyer Program Series Grand Rapids Public Library 6:00 pm - 7:00 pm

Intellectual Property Meeting University Club 12:00 pm

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GRBA & Justice Foundation Holiday Mixer Amway Grand Plaza Hotel 5:00 pm - 8:00 pm

14 Affordable Care Act Conference University Club 7:30 am - 8:30 am 20 Probate Law Section Meeting

University Club 12:00 pm - 1:30 pm 21 Board of Trustees Meeting

Waters Building 28 & 29

Thanksgiving Holiday

Office Closed

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3Rs Program Session Ottawa Hills High School

15 Ask-A-Lawyer Program Series Grand Rapids Public Library 6:00 pm - 7:00 pm

11 3Rs Program Session Ottawa Hills High School 12 Labor & Employment Holiday Party University Club 6:00 - 8:00 pm 19 Board of Trustees Meeting University Club 12:00 pm

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The 2013 Michael Barnes Award Recipient

Jennie Boldish Bryan BY: LACY COOK OF LEGAL AID OF WESTERN MICHIGAN

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ttorney Jennie Boldish Bryan was named this year’s recipient of Legal Aid of Western Michigan’s Michael S. Barnes Award. The Barnes Award is presented in recognition of exemplary contributions toward the provision of free legal assistance to the poor and the elderly in Western Michigan.

Jennie was presented with the Barnes Award at a reception on Thursday, October 24, 2013.

Jennie has participated in the Pro Bono Program since 1988 and has accepted 50 case referrals and donated well over 600 hours of time to the poor through direct client representation - making her one of the top contributors to the Pro Bono Program. All of the cases Jennie has handled have been in the domestic relations area.

In addition to her pro bono activities with Legal Aid, Jennie has DIRECTOR AT LEGAL AID, JENNIE BRYAN, AND The Award is named in memory of been Chair of the GRBA Family Law PAUL VLACHOS, PRESIDENT OF THE LEGAL AID Michael S. Barnes, who was a partner Section, a member of the Judicial BOARD OF DIRECTORS. in the Grand Rapids firm of Smith, Candidate Review panel, Co-Chair Haughey, Rice & Roegge. Michael was a dominant force in of the GRBA Bench-Bar Conference. She has also been providing legal services to the poor in West Michigan. He a presenter at the State Bar of Michigan Annual Meeting, served on Legal Aid’s Board of Directors from 1973-1984 the Institute for Continuing Legal Education, Family and was the first chairperson of the Pro Bono Committee Law Institute, Family Court Forum, Michigan Judicial of Legal Aid. Michael was also the first recipient of the Institute. In addition to her professional responsibilities, State Bar of Michigan’s John W. Cummiskey Pro Bono she volunteers much of her time to her church and provides Award. Jennie clerked at Smith Haughey after graduating legal assistance for an immigration program they have. from law school and had the opportunity to work with Michael Barnes.

Join

(from left to right) LACY COOK, FUND DEVELOPMENT

LRIS! Lawyer Referral and Information Services has been an asset to the Grand Rapids community since 1949. It connects individuals with quality legal representation while growing the practice of attorneys city-wide.

LRIS is in need of lawyers who specialize in Education Law, Probate Law, Social Security and Disability Appeals, and Unemployment Law. To become a panel member, call Nancy King, LRIS Program Assistant, at 616-454-5550 or e-mail her at nancy@grbar.org. She will be happy to send you additional information and applications and to answer any questions you might have. An online application is available at grbar.org.

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grbar.org

president’s perspective

BY KRISTIN M. VANDEN BERG

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ith fall well under way, it seems like the first four months of my term as your President have flown.

The Grand Rapids Bar Association calendar is always full, and this season is no exception. Even as summer has faded and the leaves have begun to fall, we are watching our new initiatives grow and bloom.

On September 17, 2013, the GRBA held its third celebration of Constitution Day in all the fifth-grade classrooms of the Grand Rapids Public Schools. Because of the blossoming partnership with the schools, this third year was even more fulfilling – for students and lawyers alike. Once again, GRBA lawyers stepped up to volunteer to talk to fifth graders about the Constitution. Students came prepared to learn and eager to ask questions about the law and about lawyers.

The feedback from teachers and administrators was uniformly positive.

As importantly, the feedback from lawyers was enthusiastic. The gift of their time gave back in equal measure, as they helped students become excited by the constitutional ideas that inspired many of us to consider law in the first place.

Also on Constitution Day, the Grand Rapids Public Schools hosted the rollout of the 3Rs Program at Ottawa Hills High School, which included a wonderful dinner attended

by GRBA members and school officials and teachers. The 3Rs Program, which Mark Smith described so eloquently in our last newsletter, is ready to begin

on November 13, 2013. Thirty-two lawyers and law students have received their orientation and training. The materials are ready. And volunteers and educators are equally excited to begin. The 3Rs program is another important initiative promoted and funded by the Managing Partners Diversity Collaborative. Borrowing heavily from the curriculum developed by the Cleveland Public Schools (and with their generous encouragement) and working closely with the GRPS, the 3Rs program will provide all Ottawa Hills High School freshman the opportunity to work with lawyers in small groups, once each month, to improve students’ understanding of the law and the Constitution, to receive practical career counseling to look beyond high school, and to improve the pipeline of minority students into legal careers in the region.

In the meantime, the GRBA’s other committees and sections have gotten off to another great start. The Membership Committee is looking hard at how the GRBA brings value to its members and how it can build that value. The Court Liaison Committee is preparing to hold another Bench Bar Conference on April 17, 2014. A Judicial Candidate Review Task Force is reviewing that Committee’s by-laws to determine whether the structure and process require revision. The Community Services Committee’s “Ask A Lawyer” program has already begun its programs. And the Minority grbar.org

Clerkship Committee is gearing up for another year.

In addition, we are working hard to help our Justice Foundation grow, so that it can continue to provide resources to law-related charitable initiatives. After a thoroughly successful and enjoyable golf outing this summer co-hosted by the Young Lawyers Section, the GRBA and the Foundation look forward to our upcoming events. You are cordially invited to the Holiday Mixer co-hosted by the GRBA and the Justice Foundation on December 5, from 5:00 to 8:00 p.m at the Cygnus Sky Rooms in the Amway Grand Plaza Hotel.

Join your fellow bar members for this wonderful seasonal gathering. If you have not yet signed up, you can do so on the GRBA website. Dust off your dancing shoes and your inhibitions and put together a group to perform at the Just Lips Charity Lip Sync on February 20, 2014 at the Wealthy Theatre. Last year, attendance nearly burst the doors, raising a record amount for the Justice Foundation.

Don’t miss your chance to entertain so shamelessly and to laugh with and at your friends in a good cause.

And the list goes on. Despite the invigorating fall weather, it feels like spring at the GRBA. With the help of our outstanding Executive Director, Kim Coleman, her hardworking staff, and our many dedicated lawyer volunteers, we are enjoying a burst of new growth in our initiatives. I look forward to a bumper crop of successes.

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t c A e r a C e l Affordab Conference November 14, 2013 @ 7:30 am University Club Cost is $10 This program is intended to provide information and clarify any questions or concerns that you may have with regard to carrying out the requirements as individuals or solo/small firm practitioners.

Representatives from Priority Health, Blue Cross, and the State of Michigan will be available to answer questions.

Moderator: Mary Bauman from Miller Johnson

Registration for the ACA Conference Name:__________________________________________________________________________ Firm:___________________________________________________________________________ Address:________________________________________________________________________ ________________________________________________________________________________ Email:__________________________________________________________________________

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grbar.org

Remove this section and send it by mail or fax to: Grand Rapids Bar Association 161 Ottawa Ave. NW Grand Rapids, MI 49503 Fax: (616) 454-7707

You may also register online at grba.org. (Link grbar.org to https://m360.grbar.org/event. aspx?eventID=91757&instance=0)

BY: NATASHA NEAL, J.D. STUDENT REFORM SUPERVISOR COMMUNITY AND STUDENT AFFAIRS, GRAND RAPIDS PUBLIC SCHOOLS Brent Geers Brian Lennon C. Nicholas Curcio C. Ryan Grondzik Chris Hastings Christine Holst Courtney Quist Ford Turrell Gregory Ripple James Booth Burr Jr. James Sterken Jennifer McManus Jon VanderPloeg Joshua Wease Joy Fossel Julie Westra Kathleen Aguilar Kristen Guinn Larry Mulligan Mark Smith Stephanie Myott Suzanne Royce Tom Behm Tracey Brame Tyrone Bynum Ashley Burress Faren Jennings Lou Danner Rose Kleff Salina Choice Sarah Miller Yvonne Wilson

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n the Grand Rapids Public Schools, Superintendent Weatherall Neal always reminds us that we are in the business of educating kids and that we should keep this in mind as we work to move our district forward. If education is our business, producing students that are academically and socially prepared for college or the job market is our purpose.

We believe we do that through providing them with quality teaching and learning.

One of the ways in which we are ensuring that our students are engaged in quality learning is to provide them with experiential learning opportunities.

The 3Rs Program will provide just that.

Teaching our students about their 3 Rs – rights, responsibilities, and realities – is very important; however, more important than the content is the interaction between our students and the attorney-volunteers.

As educators, we are steeped in education. We schedule our lives around the school calendar, we speak in educational acronyms and we spend the majority of our time with other educators.

This is also true of our students. Although they are exposed to various role groups throughout the day, these groups are from the k-12 educational sphere. The 3Rs Program will allow our students to interact with practicing attorneys, retired attorneys and law students. “This”, states Sam Plackmeyer, “is the most exciting part.”

Sam is the 9th grade Social Studies teacher at Ottawa Hills High School, and his 9th

grade History classes will serve as the 3Rs pilot group for the next seven months. Sam is a young teacher who uses enthusiasm to capture the attention of his students. His only advice to the participating attorneys is, “Be yourself and be enthusiastic.”

There is no shortage of enthusiasm for the 3Rs Program. In fact, the word most commonly used by the GR Bar 3Rs Steering Committee and GRPS staff when discussing this endeavor is “excited”. We are all excited about this program and about our new partnership. We have been planning for quite some time and are ready to launch on November 13th. We are looking forward to this being a rewarding experience for our students and for the attorney-volunteers as well.

On behalf of GRPS, Superintendent Weatherall Neal, and our students, I would like to thank the GR Bar 3Rs Steering Committee, the Managing Partners Diversity Collaborative, and all of the volunteers who have agreed to take time out of their schedules once per month to work with our students. Not only do I believe that we will have a successful pilot year, I believe we may end up with a few future-attorneys.

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— T H E G R B A YO U N G L AW Y E R S S ECT I O N —

Advancing Both Social and Professional Networking BY: STEPHANIE L. NEWTON · NEWTON LAW OFFICES PLC GRBA YOUNG LAWYERS SECTION CHAIR

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he Young Lawyers Section has always been a Section providing new attorneys with a platform through which to meet other new attorneys in social settings such as lunch meetings, happy hours, and other social events. Recognizing that social networking is an important aspect of any career – especially in a tight knit legal community such as Grand Rapids – the Young Lawyers Section has encouraged young attorneys to participate in social events held by both the Young Lawyers Section and the GRBA in general.

While social networking is incredibly important, the Young Lawyers Section also recognizes the fact that many young attorneys have a difficult time finding answers to questions – even simple procedural questions – that they may or may not have learned during law school. Recognizing that law school undoubtedly teaches students a lot – substantively – about the law, law school does not necessarily teach students about the practical aspects of practicing law. For this reason, professional networking is also incredibly important. Many young attorneys are now establishing careers as solo practitioners, much of the knowledge required to do so still remains unknown after law school and the Bar Exam: procedural requirements, access to court clerks and judicial staff, filing deadlines and requirements, basic concepts of arguing a Motion, and even basic concepts of drafting a pleading.

Without unfettered access to a law 8

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firm’s case file history, knowledgeable partners in a firm, as well as a legal secretary and/or paralegal who can provide some of these answers, practicing law in Grand Rapids can be difficult to navigate.

The GRBA Young Lawyers Section is attempting to alleviate these concerns through two vehicles: First, the GRBA Mentoring Program and second, the concept of professional networking in general.

As many members of the Grand Rapids Bar Association are aware, the Young Lawyers Section and the GRBA paired together in March 2012 to develop a mentoring program dedicated to new attorneys – either new to the Grand Rapids area or new to the practice of law in general.

This program has since grown, and is currently providing over twenty new attorneys with a meaningful and productive relationship with a seasoned Grand Rapids attorney. This program provides attorneys with a forum through which to ask questions and have candid conversations about their expectations and uncertainties; as well as a mentor to introduce new attorneys to the GRBA, the practice of law, and the resources that the Grand Rapids legal community has to offer.

The second vehicle is that of professional networking. Recognizing that many young attorneys are in similar situations – both professionally and socially – sometimes the most comforting conversations are those that new attorneys have with each other. The Young Lawyers Section l

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helps make these connections at regular meetings and social events, but is also in the process of creating a formal directory for this purpose. The Young Lawyers Section Directory is something that will soon be available electronically, and will provide names, contact information, primary practice areas, and other professionally related information about its members. The obvious goal of this project is to give new attorneys a place to turn in the event of professional uncertainty.

Being able to identify someone in a similar practice area to either lend an ear or offer a different perspective will hopefully prove to be helpful to our members.

Through these two vehicles, instead of being a young attorney seemingly without resources the Young Lawyers Section hopes to equip new attorneys with some of the resources and skills needed to succeed in the Grand Rapids legal community. Young attorneys and new members of the GRBA are encouraged to take advantage of these resources, and are encouraged to reach out to fellow members of the Young Lawyers Section to establish both social and professional connections.

For more information about the Young Lawyers Section, or to sign up for the GRBA mentoring program, please contact the Young Lawyers Section Chair, Stephanie Newton, at 616-802-0333 or stephanie@ newtonlawplc.com.

Join community leaders and local celebrities for an entertaining evening at Wealthy Theatre. Grand Rapids Bar Association members will lip sync popular songs with choreographed dances and fabulous costumes. You’ll swear it’s the real deal!

February 20, 2014 @ 7:00 pm Wealthy Theatre Don’t miss a chance on the stage!

Sign up now to perform at grbar.org

Name:_______________________________________________________Email:______________________________________________________ Phone:_______________________________________________________Firm:_______________________________________________________ Mailing Address:_________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ YOUR PERFORMANCE (please describe):______________________________________________________________________________________ _______________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ SONG (if you need help with your selection, just let us know): ____________________________________________________________________ _______________________________________________________________________________________________________________________ OTHERS IN YOUR GROUP:__________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ YOUR COSTUME (share thoughts or ideas, let us know if you need help):___________________________________________________________ _______________________________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ grbar.org

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MPDC Growing Your Practice Workshop

Floyd Skinner Scholarship Reception

SBM Annual Meeting

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Congratulations to Executive Director of Degage Ministries M arge Palmerlee, the 2013 recipient of the State Bar of Michigan’s Liberty Bell Award.

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CRIMINAL NOTES

A Busy Term for the United States Supreme Court on Fourth Amendment Issues

BY TIMOTHY K. McMORROW • KENT COUNTY PROSECUTORS OFFICE

“We tend to look at cases interpreting the Fourth Amendment without looking at the Fourth Amendment itself. It is critical to remember that the Fourth Amendment does not prohibit warrantless searches per se. Instead, it protects against “unreasonable” searches and seizures. The question in all of these cases was: what is unreasonable?”

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his past term the United States Supreme Court issued five decisions on Fourth Amendment issues. A short summary of the cases: Bailey v Unites States, 133 S Ct 1031, decided February 19, 2013. Under Michigan v Summers, 101 S Ct 2587 (1981), police officers executing a search warrant may detain persons found on the premises during that execution.

The rule, however, is limited to those on the premises or the immediate vicinity. Mr. Bailey was seen driving away from the premises and stopped a mile away. The prosecution justified the stopping of Mr. Bailey under the Michigan v Summers rationale, which the Court said was error. This may be a pyrrhic victory for Mr. Bailey – there was ample justification for the stop on other theories – but the Court clearly wanted to reign in the expansive overapplication of Michigan v Summers.

Missouri v McNeely, 133 S Ct 1552, decided April 17, 2013. A police officer obtained, without a search warrant or consent, a blood sample from a suspected drunk driver. The Court held this error. While the Court left open the possibility that exigent circumstance might justify taking blood without a warrant, those circumstances

would appear from this decision to be extremely limited.

Maryland v King, 133 S Ct 1958, decided June 3, 2013. The Court upheld a statute requiring a person arrested for serious crimes to submit to a buccal swab for DNA, regardless of whether there was probable cause to believe the DNA testing would result in evidence.

The Court found this procedure the essential equivalent of fingerprinting, and noted that the DNA testing was for so-called “junk” DNA that did not contain specific genetic information beyond identification information.

Florida v Jardines, 133 S Ct 1409, decided March 26, 2013. I discussed this in greater detail in an earlier column. The Court held that police action in bringing a drug sniffing dog to the front of a house without a warrant, to see if the dog would alert to the presence of drugs in the house, violated the Fourth Amendment. Notable as another case applying the “trespass” theory of the Fourth Amendment.

Florida v Harris, 133 S Ct 1050, decided February 19, 2013: Illustrating that the Court has no problem with the use of drug sniffing dogs generally, the Court held that when a trained narcotics dog hits on a car, there is grbar.org

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probable cause which (since the search is of a motor vehicle) does not require a warrant. The Court found that proof that the dog performs reliably in controlled settings was sufficient to justify probable cause, and rejected the argument that the police were required to meet a stricter evidentiary checklist or introduce comprehensive documentation on the dog’s prior hits and misses in the field.

If you view them from the perspective of who “won” and who “lost,” the defense won three cases and the prosecution won two. That is, of course, a facile and overly simplistic analysis.

We tend to look at cases interpreting the Fourth Amendment without looking at the Fourth Amendment itself. It is critical to remember that the Fourth Amendment does not prohibit warrantless searches per se. Instead, it protects against “unreasonable” searches and seizures. The question in all of these cases was: what is unreasonable?

The United States Supreme Court this past term addressed stopping someone who had left the scene of a house to be searched and was now some distance away (unreasonable), taking blood without a warrant (unreasonable), bringing a drug sniffing dog on to the curtilage of a home (unreasonable), requiring an arrested suspect to submit a DNA sample (reasonable), and using a drug sniffing dog whose abilities were shown in a controlled setting to supply probable cause for a warrantless search of a car (reasonable). The struggle to determine the parameters of reasonableness under the Fourth Amendment goes on.

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E.D.To r i al

“A computer is like an Old Testament god, with a lot of rules and no mercy” – Joseph Campbell, The Power of Myth (1988)

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here was something about this quote that resonated with me when I first ran across it some time ago. Those of you who have had the opportunity to observe me over the years will tell you that the only time you’ll see me sweat is when technology is involved; for good reasons of course. But, despite my anxieties when it comes to technology, we view our role as a Bar association to constantly be innovating and to seek opportunities to update our systems and processes to reflect the current social norms. So… I take great pride in finding the right people and resources to help us make things happen.

BY KIMBERLY A. COLEMAN EXECUTIVE DIRECTOR

eCommerce

Membership Management

Newsletter

Over the last two years we have worked at using new technologies in Registration meaningful ways.

What we’re trying to do is just make it really efficient for our members Donations to communicate, get Renewal & information and share Dues Voting information. So we’ve gone from manually counting to electronic voting for our annual elections; we now offer an electronic version of our newsletter requested by 90% of our members; we’ve update our software and replaced our hardware where needed. Last year we began using new membership management software integrated with social networking features. Other new advantages include

WELCOME New Members

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events registration, dues renewal and donations, eCommerce, member tracking and reporting, online chat, multimedia upload capabilities, blogging/forums, wiki, calendar and groups – among other things, many of which we are still learning. More recently, we replaced our phones after more than 15 years, and now have access to an automated attendant, call forwarding, and the ability to more efficiently serve the community with the Lawyer Referral service.

These changes, among others not mentioned here, were made with hopes of making a really big difference in how we serve and meet the needs of our members – you. Despite my willingness to confront my fears and embrace the challenges, my anxieties remain as there are “lots of rules and no mercy.” So as we master the use of our new technology, we ask for your patience and more importantly, your feedback. We won’t know how you are experiencing us unless you tell us. Already we have received feedback about the membership renewal process and are planning a few tweaks prior to the second billing. We have made and will continue to make adjustments to our new phone system so, while automated, it will also be member-friendly.

While future technical advancements are unknown to most people – even the late Mr. Campbell –we will certainly do our best to keep up with them. Thank you for your continued support and patience as we venture down the path of learning and administering new technology.

Mary Ann Berdan

Ryan Mitchell

George Storms

Albert Bower

Kurt Richardson

Amber Sturrus

Brittany Foster

Eliot Sasson

Tanya Todd

C. Jill Goodell

Joshua Serra

Sharon Wang

Jordan Hoyer

Thomoas Sinas

Derek Witte

Brett Liefbroer

Alicia Storm

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Mentoring:

Advocating Honorable At torneys BY: RANDY VELZEN · JOHNSEN & WIKANDER, P.C.

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ver the last ten to fifteen years I have, off and on, been part of the mentoring group. I started mentoring when I was requested to do so by the Bar Association. I have embraced the idea. To label what happens “mentoring” probably makes it sound more official and more organized than it actually is.

I meet with four to eight less experienced attorneys on a monthly basis, when it works out. We meet for a buy-your-own breakfast. I try to include attorneys from small firms who may not have the benefit of a more experienced attorney to “bounce ideas off of”.

I see the purpose of these meetings as twofold. First, it allows a group discussion about issues that an attorney may have in a particular case. These issues may be in dealing with another attorney, a judge, a procedural point, or substantive law. While we have not enacted a Get Smart “Cone of Silence” there is an understanding that members of the group should not quote another member. This seems to encourage a more open dialogue. (For younger attorneys reading this article you may have to Google Get Smart to understand the reference.) The second purpose of the meeting is to try to “humanize” other members of the profession.

It has been repeatedly observed that civility is on the decline. It seems to me that part of the reason is that it is easy, particularly for young attorneys, to become too

emotionally enmeshed in a file to the extent that opposing counsel is demonized for simply advocating for his or her client. At these breakfast meetings we intentionally spend some time talking about each other’s lives. When attorneys understand that opposing counsel have the same day-to-day struggles and have real lives it helps in keeping the adversary nature of our practice in proper perspective.

I have heard other “more experienced” attorneys say that they do not want to be mentors since they do not want other attorneys to learn their “tricks.” On the one hand, I understand the reluctance to give away secrets; on the other hand, that concept strikes me as just wrong. (I heard one speaker give wise advice to never hire an attorney with two hands to avoid the “on one hand, but on the other hand...”)

First, the concept of “tricks” is not one which I think applies readily to family law. As numerous people have pointed out and as common sense would dictate dissolving a marriage is unlike other litigation.

There is emotion, a wide range of issues, and most importantly usually “litigants” will have interaction long past the conclusion of the case. To use “tricks” to accomplish and to get your client the upper hand is usually a shallow victory. It often creates a level of tension that usually takes years to subside, if it ever does.

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reasons for more experienced attorneys to share their experiences.

It cannot be ignored that each year a higher percentage of people seeking divorce find alternatives to using our profession. There are certainly many reasons for this trend, but one reason most certainly has to be dissatisfaction with the legal process, including attorneys.

Far too frequently attorneys, particularly less experienced attorneys, forget that the basic reason for the justice system is to resolve disputes, not make them worse. I sometimes wish attorneys had a Hippocratic Oath, as do doctors, with a first rule of “Do no harm.” Every Friday in every courtroom we see examples of overly aggressive attorneys who are not helping their clients dissolve their marriage in a respectable manner but rather are pouring gasoline on the fire in an attempt to be “advocates” for their client. My view of our role is to help clients find solutions to very real personal problems, not make those problems worse. In a small way, mentoring helps everyone focus on the problem solving portion of our profession.

Hopefully, we can see the big picture as we try to help clients get the marriage and divorce in their rearview mirror so that they can look forward, rather than backward.

If you are interested in being a mentor or being part of a group you can give Kim Coleman a call and I am sure she can play “matchmaker”.

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Thank You Just Lips Sponsors!

The Justice Foundation of West Michigan and the Grand Rapids Bar Association extend heartfelt thanks to the sponsors of the 2014 Lip Sync Contest, Just Lips!

If you or your firm would like to see your name at Just Lips! please download the sponsorship packet at www.grbar.org

Barnes & Thornburg, LLP Kent County Office of the Defenders Meijer Wheeler Upham

MEMBER NOTES William R. Hineline of Law Weathers was recognized by The Best Lawyers in America© as Grand Rapids Employee Benefits (ERISA) Law “Lawyer of the Year.”

Barbra Homier has joined the law firm Foster Swift. Her practice will concentrate in family law including divorce, custody, and adoption matters.

Julie Lam, an attorney with the firm Warner Norcross & Judd, LLP, has been selected for the Inforum Executive Leadership Program.

William J. Waddell was recognized by The Best Lawyers in America© as Grand Rapids Plaintiffs “Lawyer of the Year”, medical malpractice law.

Robert D. Wolford of Miller Johnson was recognized as one of Grand Rapids Business Journal’s “40 under Forty.”

Kurt G. Yost was recognized by The Best Lawyers in America© as Grand Rapids Closely Held Companies and Family Businesses Law “Lawyer of the Year.”

Mark E. Nettleton of Mika Meyers Beckett & Jones, PLC, was names this year’s recipient of the Michigan Association of Municipal Attorneys’ Distinguished Attorney Award.

Visit our website for more news from your fellow Bar members • www.grbar.org 16 The Grand Rapids Lawyer

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grbar.org

Please join us for 4th Annual Grand Rapids Bar Association & Justice Foundation of West Michigan Holiday Mixer! Light refreshments and drinks will be served along with a spectacular view of the city from the Amway Grand Plaza Sky Rooms.

When: December 5, 2013 from 5:00 to 8:00p.m.

Where: Amway Grand Plaza Hotel, Sky Rooms I and II and the Pinnacle Room Spouses, significant others, and guests are welcome. Please RSVP by calling the GRBA at (616) 454-5550 or online at www.grbar.org This event is free to all GRBA Members. We encourage you to bring a non-perishable item for donation to the Kids’ Food Basket, a local non-profit that’s making sure school lunch isn’t the only meal of the day for more than 4,800 kids in the community.

Visit the http://www.kidsfoodbasket.org/about-us/wish-list for donation ideas.

Protecting your health. Today.

You plan every detail of your practice to ensure its success. Nothing is left to chance.

Don’t take chances with your health insurance. You and your staff deserve a quality Blue Cross® Blue Shield® of Michigan health plan.

• Group plans • Individual plans • Recognized worldwide • Solutions tailored to your needs To learn more about the affordable BCBSM plans, contact Member Insurance Solutions.

Call 800.878.6765 or visit memberinsurancesolutions.com today.

Protecting tomorrows. Today.

Member Insurance Solutions is a marketing name of MDA Insurance & Financial Group.

Blue Cross Blue Shield of Michigan is a nonprofit corporation and independent licensee of the Blue Cross Blue Shield Association.

grbar.org

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The Grand Rapids Lawyer

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~ Join the Friends of the LAC! DEBORAH J. HUGHES · EXECUTIVE DIRECTOR

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rand Rapids has a unique and compelling spirit because of the people who live and work here. The people of Grand Rapids are welcoming, kind and caring. They are visionary, innovative and determined. They are generous and committed to caring for one another.

ripples in the water. First, become a Friend of the LAC yourself. Then help us make your friends into our Friends. Tell your friends, family, colleagues and connections about the work of the LAC. Invite them to learn more. Bring them to visit the LAC to see this community’s spirit at work.

It is no wonder then that the first legal self help center in Michigan was opened in Grand Rapids.

It was this spirit of community focused on assuring that those with the fewest resources can get help to solve basic legal problems and use our courts on their own that created the Legal Assistance Center.

We are launching the Friends of the LAC at a luncheon event on Monday, November 18, 2013, 12-1 pm, at the University Club, 10th Floor, 111 Lyon Street NW, Grand Rapids. If you would like to join us for lunch, please RSVP

by Wednesday, November 13, 2013 to deborah@ legalassistancecenter.org. You can also join the Friends of the LAC by making your gift on our website at www.legalassistancecenter.org or to the LAC, 180 Ottawa Avenue NW, Suite 5100, Grand Rapids, MI 49503.

To keep that spirit vibrant, we invite you to become a Friend of the LAC. To become a Friend of the LAC we ask you to commit to an annual gift of $100 per year. Simple. Easy. Our vision is that ever widening circles of people in our unique and generous community learn about the Legal Assistance Center and become Friends of the LAC. As lawyers, you can help us make those early

You can be the spirit of Grand Rapids in action with your support of the LAC.

MONDAY NOVEMBER 18, 2013 12pm to 1pm

Join Us for a Friendraising & Fundraising Luncheon

Friends of the LAC

University Club 111 Lyon Street NW 10th Floor

616-632-6014 l 180 Ottawa Ave NW, Suite 5100 l Grand Rapids, MI 49503 l Legal AssistanceCenter.org

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grbar.org

Save the Date!

April 17, 2014

BENCH BAR CONFERENCE The next Bench Bar Conference is going to take place the afternoon of April 17, 2014 at the Kent County Courthouse • 1:00 pm James Brady, jbrady@dykema.com Perrin Rynders, prynders@varnumlaw.com Co-Chairs, Court Liaison Committee The committee promises a lively, honest, and constructive event.

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The Grand Rapids Lawyer

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Accountants & Consultants

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161 Ottawa Ave. NW Suite 203-B Grand Rapids, MI 49503

Our expertise in Litigation Services can help you with: • •

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CONTACT: Leslie N. Prangley III, CPA CVA

11th Floor, Bridgewater Place 333 Bridge Street NW Grand Rapids, MI 49504 Ph: 616-774-9004 Fx: 616-774-9081

www.pmcpa.com