Grand Rapids Lawyer Newsletter - Nov/Dec 2014 by KCI

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 Thank You, Judges, for your exceptional service! Congratulations on Your Retirement!

HON. J. MICHAEL CHRISTENSEN 61st District Court

HON. BENJAMIN H. LOGAN II

HON. JOSEPH G. SCOVILLE

HON. STEVEN R. SERVAAS

United States District Court Western District of Michigan

61st District Court

63rd District Court

Serve. Educate. Promote Justice. NOVEMBER / DECEMBER 2014

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The Grand Rapids Lawyer

Nov/Dec 2014

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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 Executive Director Kimberly Coleman/ext. 105 kimc@grbar.org Executive Assistant/Membership/ Inns Administrator Debbie Kurtz/ext. 101 debbie@grbar.org

IN THIS ISSUE:

Nov/Dec 2014

5 President’s Perspective By: Thomas R. Behm

9 E.D. Torial By: Kimberly A. Coleman

15 YLS Update By: Ryan J. McKnight

6 Criminal Notes By: Timothy K. McMorrow

10 Photos

16 Member Notes

12 Upcoming Events

17 The “Multi-Door Courthouse” By: Dale Iverson

7 Helping your Client Select a Strong Trademark By: David Oppenhuizen

13 Protect your Family By: Thomas G. Sinas 14 Diversity – What’s in your Heart and Mind? By: Jon D. VanderPloeg

8 3Rs Program Takes off in its Second Year By: Ann M. Cooper

Membership & Marketing Coordinator/ grab LAW Administrator Mieke Stoub/ext. 109 mieke@grbar.org Administrative Assistant/ Foundation Administrator Elaine Mohre/ext. 100 elaine@grbar.org Lawyer Referral Administrator Nancy King/ext. 107 nancy@grbar.org OFFICERS & TRUSTEES President Thomas R. Behm . . . . . . . . . . . . . . 616.235.5500 President-Elect Patrick F. Geary . . . . . . . . . . . . . . . . 616.458.5358 Vice-President Hon. Christopher P. Yates. . . . . . . 616.632.5029 Secretary Randall Velzen . . . . . . . . . . . . . . . . . .616.233.9160 Treasurer Elizabeth K. Bransdorfer. . . . . . . . 616.632.8000 Immediate Past President Kristin M. Vanden Berg . . . . . . . . . 616.456.2468 Trustees Angel C. Dotson . . . . . . . . . . . . . . 616.831.1747 Elizabeth Joy Fossel . . . . . . . . . .616.336.6707 Joseph J. Gavin . . . . . . . . . . . . . . . 616.831.1722 Bradley K. Glazier . . . . . . . . . . . . .616.458.6814 Benjamin H. Hammond . . . . . . 616.458.3600 Sarah Riley Howard . . . . . . . . . . .616.752.2541 Courtney L. Quist . . . . . . . . . . . . 616.454.9008 Brian K. Lawson. . . . . . . . . . . . . . 616.235.3500 Marcus Jones . . . . . . . . . . . . . . . . .616.787.5799 ON THE COVER: (Left to Right) Hon. J. Michael Christensen Hon. Benjamin H. Logan II, Hon. Joseph G. Scoville Hon. Steven R. Servaas

NOVEMBER 2014 1 2 9 16 23 30

3 10 17 24

4 11 18 25

5 12 19 26

6 13 20 27

7 14 21 28

8 15 22 29

10 Probate Section Meeting University Club 12:00pm 11 IP Section Meeting Corke Wine & Grille 5:00pm 12 CLE University Club 11:45am 12 3Rs Session Ottawa Hills High School All day 18 Labor & Employment Section Meeting University Club 12:00pm 19 Ask-a-Lawyer Grand Rapids Public Library 6:00pm

DECEMBER 2014 1 2 3 4 5 6 7 8 9 10 11 12 13

JANUARY 2015 1 2 3 4 5 6 7 11 12 13 14 18 19 20 21 25 26 27 28

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

8 15 22 29

9 16 23 30

10 17 24 31

GRBA & JFWM Holiday Mixer Amway Grand Plaza 5:00pm

21 Ask-a-Lawyer Grand Rapids Public Library 6:00pm

Honor Judge Servaas Grand Rapids Brewing Company 5:00pm

21 3Rs Session Ottawa Hills High School All day

Criminal Law Section Seminar & Holiday Mixer David Cassard Room Waters Building 3:00pm

10 3Rs Session Ottawa Hills High School All day 16 Labor & Employment Holiday Party University Club 5:00pm

19 Family Law Section Meeting University Club 12:00pm

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Nov/Dec 2014

The Grand Rapids Lawyer

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Nov/Dec 2014

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PRESIDENT’S PERSPECTIVE

Giving Thanks and Sharing Our Gifts BY: THOMAS R. BEHM

mentors, many of us would not be where we are today.

As I think about that first Thanksgiving celebration, I am taken by the generosity extended to the colonists by the Indians. Surely, the Indians must have seen the colonists as strange, intimidating and even dangerous people when they first arrived in Plymouth, Massachusetts. Rather than ignoring the colonists and treating them with apathy and distrust, the Indians offered a helping hand. They taught the colonists how to grow crops and survive in a harsh new world. The colonists were in need of help and guidance, and the Indians served as their mentors.

The Grand Rapids legal community enjoys a rich tradition of mentoring new lawyers and guiding them in their careers. And, the Grand Rapids Bar Association provides a framework to encourage Mentor-Mentee partnerships. Currently, the GRBA offers new lawyers the opportunity to establish such a relationship with a senior member of the Bar. This program has resulted in the creation of numerous beneficial and long-standing relationships within our legal community. I can personally attest to the benefits many people are enjoying from their participation. The GRBA is excited about the future of this program and encourages you to take advantage of this great opportunity. I also encourage each of you to become involved in a MentorMentee relationship. If you’re interested in serving as a mentor or becoming a mentee contact the GRBA.

As we celebrate Thanksgiving this year, let us all remember and give thanks for those individuals who have served as mentors in our personal and professional lives. Whether it’s a special teacher, colleague or friend who invested in us, these individuals have played a significant and critical role in our success. In my own life, I can name several individuals who have generously given of their time and talents to improve my future. Without

I believe each of us is called to share our gifts and talents with others. This Thanksgiving show your gratitude by making a pledge to reach out and genuinely invest yourself in someone else’s future. By simply spending some time with a new lawyer, we help improve their confidence and competence while giving back to the profession that has given us so much. May you and your family enjoy the blessings of this holiday season.

he first American Thanksgiving was celebrated by the Plymouth colonists and the Wampanoag Indians in the fall of 1621. The colonists had made it through a long and difficult year and were giving thanks for their first harvest in the new land. Many scholars believe that these first Colonists would not have survived but for the mentoring and teaching of the Wampanoag people.

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THIS THANKSGIVING SHOW YOUR GRATITUDE BY MAKING A PLEDGE TO REACH OUT AND GENUINELY INVEST YOURSELF IN SOMEONE ELSE’S FUTURE.

The Grand Rapids Lawyer

CRIMINAL NOTES

Defying an Unlawful Order:

AT YOUR RISK

BY: TIMOTHY K. MCMORROW, KENT COUNTY PROSECUTOR’S OFFICE

hat does someone do when confronted with an order from a court that the person considers unlawful? This was the issue in In the Matter of Contempt of Dorsey, Court of Appeals Docket No. 309269, published opinion of September 9, 2014. The criminal contempt proceedings against Ms. Dorsey originated from juvenile delinquency proceedings against her son. There was at one time an abuse and neglect case against Ms. Dorsey, but that had been closed. As part of the delinquency proceeding against her son, Ms. Dorsey was ordered to undergo drug testing. When she failed to do so, she was found in contempt of court.

The case serves as a reminder to litigants and lawyers that a court order must be obeyed. A belief that an order is unconstitutional, even if well founded, will not be a defense to a charge of contempt of court for failing to obey the order.

The Grand Rapids Lawyer

The Court of Appeals accepted that the family court was entitled to render orders affecting adults which were necessary for the well-being of the juvenile, over whose case the family court unquestionably had jurisdiction. But the problem here was the specific order: a search and seizure of Ms. Dorsey’s person, compelling her to submit to random drug testing. In Ferguson v City of Charleston, 532 US 67 (2001), the United States Supreme Court held that compelling a pregnant woman to be tested for the use of cocaine was an unconstitutional search. The state’s interest in deterring pregnant women from using cocaine did not justify a departure from the general rule that such a warrantless search violates the Fourth Amendment. The Court of Appeals in Dorsey, relying on Ferguson and opinions from other states, held that compelling

Nov/Dec 2014

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Ms. Dorsey to submit to drug testing violated the Fourth Amendment. A family court could of course enter such an order in a child protective proceeding against a parent, but cannot do so in a delinquency proceeding against a child. But Ms. Dorsey’s appeal was from the order finding her in contempt of court. Case law is clear that a person must obey an order entered by a court with proper jurisdiction, even if the order is clearly incorrect, or face the risk of being held in contempt of court. Ms. Dorsey did not obey the order for random drug testing. She did not seek an appeal from that order. Even though the order was unconstitutional, Ms. Dorsey was still in contempt for her failure to obey the order. Ms. Dorsey also argued that she did not act willfully because she was confused about the order and intended to consult with counsel prior to testing. The Court of Appeals held that it is no defense to a finding of contempt of court that the contemnor violated a court order on the advice of counsel, and certainly no defense when the contemnor refuses to comply with a court order because she intended to seek the advise of counsel. The case serves as a reminder to litigants and lawyers that a court order must be obeyed. A belief that an order is unconstitutional, even if well founded, will not be a defense to a charge of contempt of court for failing to obey the order.

Helping Your Client Select A Strong Trademark BY: DAVID OPPENHUIZEN  WATERS & OPPENHUIZEN PLC

s a trademark attorney I often meet new clients seeking to protect a trademark that they have already chosen. However, too often they have selected a name which is inherently weak and difficult to protect. The client has made a wise decision in seeking trademark counsel to protect their brand, but the most significant factor is initially choosing a strong trademark to begin with. This article is directed toward attorneys who help clients at the initial stages of setting up their business because they are in a good position to suggest an alternative trademark before the client has become overly committed to a problematic name. The strongest trademarks are those that use either an established term that is totally arbitrary with respect to the goods or services (eg., “Blackberry” for mobile devices), or a name that is fanciful and simply made up, such as Xerox. Trademarks that are suggestive of the goods or services are also distinctive and strong, but less so than trademarks that are arbitrary or fanciful. I’m sure you’re also aware that trade names which are simply generic are not protectable,

themselves, but it can be very difficult to protect a trademark that predominantly features their surname until they have established secondary meaning in the trademark, which is a hurdle best avoided in court.

nor are names that are merely descriptive of the goods or services (absent a demonstration of established name recognition). There are several specific types of trade names considered “merely descriptive” that you should be aware of and be prepared to possibly direct your clients away from.

• The foreign translation of descriptive words will also be considered as equally weak and descriptive as their English translation.

• One common pitfall is using terms that are primarily geographically descriptive. It can be very difficult for a client to successfully assert this type of trademark unless they have acquired secondary meaning in the mark, which essentially means they have established brand name recognition based on longstanding use of the trademark.

• Similarly, caution should also be used with terms considered to be generic or descriptive within specific cultures, for example, names for culture-specific foods. Even if these terms are unknown to the majority of the general population, they can still be considered merely descriptive. And for good reason because these trademarks will truly be descriptive or generic to the targeted consumer who is aware of the plain meaning.

• A related, yet much less common issue, is the use of a trademark that is geographically misdescriptive. Trade names using terms which tend to confuse the consumer as to the location of the source of the goods can be barred from trademark protection. Depending on the situation, this could also raise issues of false advertising.

• Lastly, superlative terms, such as “deluxe” or “best” should be used with caution because they do little to strengthen a trademark. Armed with this information, hopefully you will be able to direct your clients away from trademarks that are inherently weak and difficult to enforce.

• Be wary of using a trademark that is primarily a surname. Clients are often inclined to name their business after grbar.org

Nov/Dec 2014

The Grand Rapids Lawyer

3Rs

Program Takes off in its Second Year

BY: ANN M. COOPER · OF COUNSEL · DREW COOPER & ANDING

ach hour for five hours on a sunny Wednesday in October, ﬁve or six lawyers and law students, thirty-two in all, threaded their way through crowds of lively teenagers to reach Room 248 in Ottawa Hills High School. They were the “Faculty” of the Grand Rapids Bar Association’s 2014-2015 3Rs Program. When they arrived at the classroom, the teacher, Ms. Eager, and a group of 15 to 30 students were waiting for them. The 3Rs --- Rights, Responsibilities and Realities --- is in its second year as a GRBA outreach program with all the ninth grade social studies students at Ottawa. The goals of the program are to provide some engaging exploration of U.S. Constitutional rights and responsibilities, while opening the door to consideration of career possibilities and necessary education and preparation. The Managing Partners Diversity Collaborative of the GRBA hopes that efforts such as the 3Rs, as well as Constitution Day, when Grand Rapids lawyers visit fifth grade classrooms to talk about the Constitution, will help develop a pipeline of area students interested in a variety of legal careers.

four to eight students would work with one lawyer, as well as perhaps a law student, on the first lesson of the program. The faculty had spent two training sessions in September: one devoted to the curriculum, which had been creatively revised by lawyers and law students over the summer with a fact pattern to pique the interest of ninth graders; and one focused on “Tips for Success,” involving suggestions for classroom management and cultural competence. The cultural competence section of the training, new this year, was skillfully presented by consultants from the Grand Rapids Public Schools, Dr. Lori Redner and Ms. Monique Elliott, specialists who shared their knowledge in working with students and across groups bringing varied backgrounds to a learning experience, for example, busy lawyers and animated, spirited teenagers. Dr. Redner and Ms. Elliott explored “The Big ‘C’” cultural differences of race, age, gender and ethnicity, as well as the “Little ‘C’” cultural variations such as its changing nature, its complexity, its relation to groups we belong to by default, and to groups where we choose to belong. They encouraged lawyers and law students to have high expectations

On that sunny October day, each hour, excited students were grouped into small teams, where 8

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for all students, to convey enthusiasm and understand that every student has a story to tell, to stop stereotypes, to foster supportive interpersonal relationships in class and to structure experiences that show real-world relevance. On that ﬁrst day of eight throughout the school year, before developing and sharing individual student interests and career goals (including, among others, basketball player, neurosurgeon, cosmetologist, social worker and journalist), each small group of students worked together with “their” lawyer and law student to develop a name for their team. There were the “Advocates,” the “Giants,” “#O.T.O.D” (One Team, One Dream) and many others. After team names were posted on newsprint, each team developed its own set of norms to govern its work together --- “Give 100%,” “Teamwork,” “Courage,” “Listen,” “Work hard.” Many team’s norms began with “Respect.” Perhaps that will turn out to be the fourth “R.”

…more photos on page 10

E.D.To rial

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grbar.org Take a Look at us Now! BY: KIMBERLY A. COLEMAN • EXECUTIVE DIRECTOR

e have previously shared our excitement about our much anticipated new website and membership database. The good news is that everything has been installed and the staff is now more proficient in the use and management of the system (minus a few issues and tweaks here and there – more often referred to as “the learning curve”). If you haven’t already, take a minute to check out the fresh, mobile-friendly and relevant content on the website. The new site makes it easy for you to navigate and register for upcoming events and explore leadership opportunities. The site also provides an assortment of information to assist you in learning more about your Bar Association and the value of the services and programs offered. Along with the new look, the redesigned website offers a secure and password-protected profile that greets you when you log in. This profile includes your current membership status, a list of your registered events, and the ability to edit your personal and professional information. There are also community features to accommodate future blogging, messaging and forums which can be used for sections, committees and information exchange among members.

provide information regarding opportunities across the country, while providing a resource for local firms to recruit legal talent. These are just a few of the new features that will allow Bar members to market themselves professionally with the latest interactive mobile tools. As you know, other improvements have included electronic voting, an email version of the newsletter, updated branding and marketing materials, and a new phone system that more efficiently connects you to the Bar representative of your choice. We hope that these new features enable you to take full advantage of the 72 to 93 different program offerings each year.

This new member database program gives the Bar Association a closer look at what events members have attended so we can determine which events to expand and which to retire. The system will also facilitate member feedback surveys following our various events. Eventually, we will be able to track and maintain continuing education units (CEU) and certifications when offered.

In recent years our strategic plan has responded to your requests for easy and up-to-date tools and resources for networking, engagement and member interaction. In continuing with our strategic plan, we will be sending out member and nonmember surveys in order to continuously improve and serve our current and prospective members.

And now, paying for your membership has never been easier. Using our new automatic recurring payment option, you may choose monthly, quarterly or annual installments using your credit or debit card. In addition to electronic payment options, the new system continues the online career center and job board, which grbar.org

Have we missed any key areas? If so, please include them in your survey responses. Or contact me directly. My door is always open and I welcome your feedback. Because serving our members is our number one priority. l

Nov/Dec 2014

The Grand Rapids Lawyer

3Rs y a D n o i t u t i t s n Co

10 The Grand Rapids Lawyer

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~ Floyd Skinner ~ SCHOLARSHIP RECEPTION

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The Grand Rapids Lawyer

UPCOMING EVENTS CLE United States Supreme Court Review, Last Term and This Term:

A M U LT I M E D I A P R E S E N TAT I O N November 12, 2014 • 11:45am – 1:15pm • University Club Details on page 18

NALS of West Michigan presents

Judicial Deceit: Tyranny & Unnecessary Secrecy at the Michigan Supreme Court

November 13, 2014 at 12:00pm Retired Chief Justice Elizabeth Weaver and Dr. David B. Schock will discuss their book

The GRBA & JFWM Holiday Mixer

December 3, 2014 from 5-8pm • Amway Grand Plaza – Skyrooms I & II

Details on page 18

LITIGATION ON TAP – Honoring Judge Servaas December 4, 2014 @ 5:00pm At the Grand Rapids Brewing Company

Pre-registration is required and payment will not be accepted on-site

Justice Foundation of West Michigan Benefi t Dinner • Save-the-Date Featuring Second City March 26, 2015 @ 5:30pm • Frederik Meijer Gardens & Sculpture Park See page 19 for details

WELCOME New Members 12 The Grand Rapids Lawyer

Tommie Brown Kyle Gould Dustin Lee

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Tisha Simmons Rachel Thompson Nicholas Vander Veen

Thomas Worsfold Micah Zakarzecki

PROTECT YOUR FAMILY:

Beware the “Step-Down” Insurance Clause BY: THOMAS G. SINAS  SINAS DRAMIS LAW FIRM, GRAND RAPIDS

efore you turn the page, stop. This is not another article that matters only to injury lawyers. If you want to protect your family from a possible insurance nightmare, please read on. While we frequently find ourselves on different sides of legal issues, we all agree that we want nothing but the best for our families. Part of taking care of our families means obtaining adequate amounts of insurance to protect them in the event of a disaster. We likely also all agree that there is perhaps no greater disaster than one of us doing something that hurts one of our loved ones. But what if you learned that you may have auto insurance that effectively eliminates coverage for your loved ones if they are hurt by you or another family member? Behold what injury lawyers call the family “step-down” provision. These provisions apply when one family member pursues a claim against another. The purpose is to reduce liability coverage to the state-mandated minimum of $20,000, regardless of how severe the injury, the degree of negligence, or the amount of insurance purchased in the first place. Take, for example, the case of Ruzak v. USAA Ins. Agency, unpublished opinion per curiam of the Court of Appeals, issued June 24, 2008 (Docket No. 274993). In Ruzak, the plaintiff-passenger was seriously injured when her husband-driver lost control of his vehicle and collided with a tree. The wife made a liability claim under her husband’s

USAA policy that provided $300,000 in liability coverage. USAA then denied nearly all of the wife’s claim, citing an exclusion in the policy that allowed for no more than $20,000 in coverage for claims by “family residing in the covered person’s household.” The trial court refused to uphold USAA’s step-down provision, calling it “repugnant, reprehensible, and unconscionable.” The Michigan Court of Appeals, however disagreed, noting that the policy still provided $20,000 in coverage and that the husband and wife could have bought insurance from a different carrier. This author submits that the trial court in Ruzak was right. Family step-down provisions are repugnant and reprehensible. Why should a child who is catastrophically injured by a parent’s negligence be treated differently than a child who is injured by a stranger’s negligence? Unfortunately, many insurers have no problem hiding step-down provisions in their policies. This author has seen these provisions recently in “standard” policies issued by Progressive and Farm Bureau, just to name a few. Sadly, families do not learn about what step-downs mean until it’s too late. Relief from this problem will not come from the courts. The Michigan Supreme Court has said that it will not apply principles of equity to undo the harm caused by Draconian insurance clauses. See, e.g., DeFrain v. State Farm Mut. Auto. Ins. Co., 491 Mich. 359 (2012). So we’re own our own. Thus, as lawyers, we should reach out to our friends and family members. Tell them about step-downs provisions, and ask them if that’s a risk they are willing to take. grbar.org

Nov/Dec 2014

The Grand Rapids Lawyer

What’s In Your Heart and Mind? BY: JON D. VANDERPLOEG  SMITH, HAUGHEY, RICE & ROEGGE

erguson, Missouri. Trayvon Martin/George Zimmerman. There surely have been many racial crossroads in American history. It seems that we have reached another one now. As lawyers, we have a responsibility to see that the laws are implemented and administered properly in favor of the equal rights and opportunities they are intended to safeguard. Often the law has followed hearts and minds that lead it. For some, their hearts and minds are dragged along by the laws. Consider, for example, the Gettysburg Address. Lincoln did not mention the Constitution. It condoned slavery at its inception and for the next seventy-five years. Lincoln turned, instead, to the ﬁrst founding document, the Declaration of Independence. It declared, “. . . a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.” Lincoln’s simple, but majestic, two-minute oration told us that the Constitution had been amended by the blood of many thousands so that its guarantees, its rights and obligations, extended to all men, regardless of color. So, as lawyers, that is the law we are obliged, by oath, to uphold for the people that we represent. But perhaps the last and toughest obstacle for the full achievement of our hopes and dreams as a nation is the heart and mind of each and

every one of us. We are all informed by a lifetime of experiences. Those experiences shape our initial reactions to, and assumptions about, “other” people. Too often we are shaped by simple ignorance and we fill in the blanks. Some of my lifetime experience includes traveling in the South in the ‘50s at age eight. I saw “colored” drinking fountains and rest rooms and asked my parents to explain. They said simply “that is the way things are done in the South.” A teaching moment missed. I recall seeing Life magazine photo essays in my early teens, showing freedom marchers grimacing as they were blasted by fire hoses, and terrified as their clothes were being torn by policemen’s dogs. I remember racial tension in the City of Grand Rapids, riots and arson fires, after the murder of Reverend King. I also remember being uninformed because of the segregated neighborhoods and schools where I lived in 1950s/’60s Grand Rapids. I only learned later that this was as much de jure segregation as it was de facto. Housing was red-lined by federal mortgage standards enforced into the 1960s.

I have also been informed by a lifelong love of music which I obsessively pursue through record collecting, listening, and researching the history of it. The story of 100 years of popular American music is as much the story of racial attitudes and politics, as it is about the music. It is a story of injustice and sometimes justice, of tragedy and triumph. And then, there’s always the music. Earlier this year I stopped at a yard sale hosted by an elderly AfricanAmerican lady. I was looking for records and she asked what kind of music I liked. “Blues, R&B, soul, gospel, Motown…” She got the point and said, “Joe Turner was my uncle!” I was stunned and speechless for a moment. (Recall, I am a record collector.) “BIG Joe Turner?” “That’s the one,” she said. I told her that I liked his version of “Shake, Rattle & Roll,” a lot better than I liked Elvis’ later version. She pulled up two chairs on the lawn and we talked for an hour or more. I hope that meant as much to her as it meant to me. I think it did. So, keep asking yourself, “What is my first thought about this other person, and where did that start?” Reach out for the experience of others. We all owe that as lawyers and as citizens.

“What is my first thought about this other person, and where did that start?”

14 The Grand Rapids Lawyer

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PRACTISE POINTERS:

Building a Community BY: RYAN J. McKNIGHT ď&#x161;˝ THE VINCENT LEGAL GROUP

recently celebrated my one-year anniversary as a licensed attorney. This year has been the culmination of twenty plus years of school, more loans than I care to think about, and one giant test. I (naively) thought it was now time to enjoy the fruits of my labor. However, in reality, this first year has required more dedication and perseverance then all of those years in school. There is no guidance counselor to tell me the next class or a teacher to assign the next project. Therefore, I believe that one of the most important things I can do as a young attorney is establish myself in the legal community. The top three tips I can provide to young attorneys (and some more seasoned ones) are: FIND A MENTOR From my perspective, finding a mentor is the number one most important thing you can do as a new attorney. The practice of law is filled with pitfalls, back alleys, and other unknown dangers. Experience can be wisdom in this field. There are some fields where the latest, greatest, and newest ideas work the best. However, the practice of law requires dealing with people and learning how people act. I have been very lucky to work with a seasoned attorney. Mentoring

Special Today's entoring ~M

attorneys can be great resources and possibly life-long friends. The Grand Rapids Bar offers great opportunities to find and match mentor attorneys. Also, donâ&#x20AC;&#x2122;t be afraid to approach a more seasoned attorney. GO TO LUNCH (or happy hour) In my year as an attorney, I have made it a point to try and meet with other attorneys for quick meetings. A breakfast or lunch, a coffee, or even a drink. I cannot stress the importance of building one-on-one personal relationships. I understand that asking to get together can seem potentially embarrassing, but I have yet to be turned down by a fellow attorney. Remember that these are your fellow practitioners. They may someday be your future boss, friend, associate, opposing counsel or judge.

GET INVOLVED. Get involved! This is now your community. The more involved you are the better it, and you, will be. Take time to get involved in the local boards, practice sections, and organizations. The Grand Rapids Bar sponsors many great seminars, programs, and happy hours; and all are designed to help educate and make us, as a whole, a better legal community. Additionally, the contacts that you build through working with these various groups will only help to make you a better practitioner. I understand how our lives can get in the way, but this is our community and we should strive to make it the best we can. These are a few tips that I have attempted to implement into my own practice. Good luck and I hope to one day grab a cup of coffee with you.

FIND A MENTOR GO TO LUNCH GET INVOLVED grbar.org

Nov/Dec 2014

The Grand Rapids Lawyer

MEMBER NOTES

• Luis E. Avila, Varnum, has been included in the Grand Rapids Business Journal’s “40 under Forty.” • John Bursch, Warner Norcross & Judd, will lead a team of attorneys to the U.S. Supreme Court in the case Conan Doyle Estate Ltd. v. Klinger. • Dennis J. Donohue, Warner Norcross & Judd, has been selected to serve a two-year term as secretary-treasurer on the governing council of the State Bar of Michigan Environmental Section. The Environmental Law Section of the State Bar of Michigan provides education, information, and analysis about environmental concerns through meetings, seminars, public service programs, their website and publication of the Michigan Environmental Law Journal. • David C. Hill, Kreis Enderle Hudgins & Borsos, P.C., has been included in the Grand Rapids Business Journal’s “40 under Forty.” • Wendy P. Holtvluwer, Miller Johnson, was appointed to the Board of Directors of the Western Michigan Estate Planning Council. • John W. Inhulsen, Foster Swift Collins & Smith, P.C., has also been appointed by the Michigan Supreme Court to a three-year term on the Michigan Attorney Discipline Board. Mr. Inhulsen was also included in Grand Rapids Business Journal’s “40 under Forty” for the second consecutive year. • Raj A. Malviya, Miller Johnson, was appointed to the State Bar of Michigan Probate and Estate Planning Council. • James A. Mitchell, Mitchell Intellectual Property Law, has been selected for inclusion in the 21st Edition of Best Lawyers in America in the practice areas of Litigation, Intellectual Property Law, and Patent and Trademark Law. Mr. Mitchell has been selected for this prestigious listing for more than twenty years. • D. Andrew Portinga, Miller Johnson, was elected President of the Federal Bar Association for the Western District of Michigan. • Norman E. Richards (“Gene”), a Foster Swift Collins & Smith, has launched a Michigan Senior Law Blog that addresses common questions about the challenges of aging. • Scott J. Steiner, Rhoades McKee, has been named Best Lawyers® Grand Rapids “Lawyer of the Year” for his work in Environmental Law and Litigation. He has also completed the State of Michigan Certification Program for Civil Mediation. • Ford J.H. Turrell, Warner Norcross & Judd LLP, has been appointed to serve on the Council of the Administrative and Regulatory Law Section of the Michigan State Bar. Turrell will serve a threeyear term on the section, which focuses on law related to all state and federal administrative agencies, the tribunals in which they make their determinations and the processes utilized to issue guidance or make rules. • Nicholas H. Vander Veen joins Smith Haughey Rice & Roegge from Chicago and practices in business and real estate law. He brings with him years of practical experience in representing dentists and dental groups throughout Michigan and Illinois. • Carl E. Ver Beek, Of Counsel to Varnum, received the Roberts P. Hudson Award, the State Bar of Michigan’s highest honor. • Victoria A. Vuletich announces the opening of her new practice, Vuletich Law Firm, which focuses on ethics guidance for area lawyers and law firms. The firm strives to aid law firms in constructing innovative and ethically compliant business structures. • Steven L. Williams, Dykema Law Offices, was honored with the 2014 Michael S. Barnes Pro Bono Award.

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

Nov/Dec 2014

grbar.org

The “Multi-Door Courthouse” Gets a Subterranean Addition: THE MICHIGAN BASEMENT BY: DALE ANN IVERSON J.D. JUSTMEDIATION PLC

years ago, Chief Justice Warren Burger called for the “multi-door courthouse”, helping propagate court-connected mediation nationwide. By 2000, with new Michigan court rules on mediation, I felt like Steve Martin in “The Jerk”, running down the street yelling, “The new phone books are here, the new phone books are here!” By 2014, it looks like we’ve added the “Michigan basement” door to our state and federal courthouses nationwide. Remember “Michigan basements”?

IN THE IMMORTAL WORDS OF

A Michigan basement is … a general term for an unfinished, often damp, “dug-out” basement with an earthen or cement floor. …[It] typically serves as a space for keeping the washer and dryer… www.ehow.com

COMEDIAN JOAN RIVERS, WE NEED

Maybe justice is getting done, just like our laundry, but I’m not sure we know what’s going on down there. This rattles me because, especially when it comes to our passion for “due process”, we lawyers are usually the first to shine our flashlights on practices that diminish important democratic values.

TO TALK. BEING CREATIVE IN ADR

Here are just two examples:

CAN BE A GOOD

1. The Detroit bankruptcy “mediation”: Objections to this mediation and its mediators have included alleged non-disclosure of conflicts of interest by a mediator; formulation of a settlement plan (the “Grand Bargain”) by mediators, including the “judicial mediator” (a sitting judge); and inappropriate pressure to accept the settlement including intentional misrepresentation by mediators to the media.

THING. NOT BEING TRANSPARENT ABOUT WHAT WE’RE DOING AND

Among many issues but most apparent to all, a court-connected process called “mediation” has included agreements pushed in public and private by the mediators and judges who created them. There may be authority for this in the FRCP, but it isn’t “mediation” as defined in Michigan’s Standards of Conduct for Mediators, or in the ABA Model Standards. And both sets of Standards provide that you don’t call something “mediation” when it isn’t. That’s because the public relies on mediation to afford confidentiality, an impartial mediator, and the right to refuse to settle.

GRASPING FOR SETTLEMENTS AT ANY COST IS NOT. THIS IS AN ACCESS

2. Kenneth Feinberg: One-stop-shop-for-justice and often referred to as “mediator”, he has engineered settlements for victims of 9/11, the BP oil spill, Newtown-Sandyhook and Aurora, CO shootings, Penn State sex abuse scandal, and the GM recall response. Retained by BP, he was accused of conflicts of interest and ordered by the judge to stop telling victims he was “independent” and “did not answer to BP”.

TO JUSTICE ISSUE, AND WE CAN DO BETTER.

Regardless of who retains him, troubling me is (1) public confusion and anger about Mr. Feinberg’s interests and processes, and (2) his pervasive influence over outcomes in so many publicly scrutinized settlement processes. For a critique of related dangers posed by judicial attitudes toward class action mediators, see Creating a 21st Century Oligarchy: Judicial Abdication to Class Action Mediators, Coben, James, 5 PENN. ST. Y.B. ARB. & MEDIATION 162 (2013)). In the immortal words of comedian Joan Rivers, we need to talk. Being creative in ADR can be a good thing. Not being transparent about what we’re doing and grasping for settlements at any cost is not. This is an access to justice issue, and we can do better. grbar.org

Nov/Dec 2014

The Grand Rapids Lawyer

THE NEXT CLE EVENT

United States Supreme Court Review, Last Term and This Term: A M U LT I M E DI A PR E S E N TAT ION November 12, 2014 11:45am – 1:15pm • University Club Presenters: The Hon. Christopher P. Yates The CLE will include a discussion of all cases involving constitutional issues of all varieties. Added bonus - attendees will receive a comprehensive written outline. Pre-registration is required and the cost is $25.

The GRBA & JFWM

Holiday Mixer December 3, 2014 from 5-8pm Amway Grand Plaza – Skyrooms I & II Please join us for light refreshments, drinks and spectacular views of the city. Spouses, significant others and guests are welcome. This event is free to all GRBA Members, but registration is required. We also request that you bring a non-perishable donation for Kids’ Food basket, a non-profit organization making sure that school lunch isn’t the last meal of the day for 4,800 local kids every day. Register online! 18 The Grand Rapids Lawyer

Nov/Dec 2014

grbar.org

Save the date to attend a Benefit Dinner featuring...

A S P E C I A L J U S T I C E F O U N D AT I O N O F W E S T M I C H I G A N E V E N T

COMEDY. SATIRE. IMPROVISATION.

Th ursday, March 26, 2015 Frederik Meĳ er Gardens & Sculpture Park 5:30pm Cocktails & Silent Auction 7:00pm Dinner 8:00pm Show The company that launched the careers of Tina Fey, Stephen Colbert, Steve Carell, Gilda Radner, Bill Murray and more, brings us an evening of hilarious sketch comedy and Second City’s trademark improvisation. Whether it’s ripped from the morning headlines or a classic gem from their 50 year archives, The Second City is always a laugh out loud hit.

grbar.org

Nov/Dec 2014

The Grand Rapids Lawyer

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