Raising the Bar Through

Networking, Practice Development and Community Service

 

TopBarNews   January 2012 - Vol 2, Issue 1

In This Issue
Upcoming Events: DMBA Foundation Gala, 2012 School Partnership Program, Barristers Section "Bar Review", Fort Street Community Service Program
Member Benefit: Free File By Fax
Recent Event: Holiday Meetup
Recent Event: Behind the Bench Lunch
Practice Tips: 5 Tips for Listening
Featured Member: Lawrence Charfoos
Featured Member: Linda Foster-Wells
Featured Member: Todd Holleman
New Member Names
Quick Links

Message from the President

 
Elizabeth Jolliffe
True to our tagline, we closed out the old year and rang in the new with networking, practice development and community service.  It was fun to see old and new friends mixing at the holiday meetup, as well as a sellout for the "Behind the Bench" lunch with Judge Amy Hathaway.  The Barristers Section collected hundreds of socks in the Happy Feet drive and this month they resume their annual School Partnership Program under the leadership of 2012 SPP co-chairs Kim Yourchock and Clarence Dass.    
 
You don't have to be a Barristers Section member to attend the Barristers' next "Bar Review" on February 7 or to volunteer to help at the Fort Street Open Door Program on the morning of February 16.  You can also still register for the DMBA Foundation's annual Archer Public Service Award Gala honoring Maura Corrigan to be held this Thursday, January 26. 
 
In addition, we have more networking, practice development and service opportunities on the horizon.  These include the annual diversity celebration at Fishbones on March 15 (only $10!), opportunities to partner with the State Bar's Real Property Section in its breakfast roundtables program on April 19, and a chance to serve on a panel discussion for the public on April 28 at the Detroit Public Library explaining matters such as child support, drivers license restoration, expungement, etc.  That event is co-sponsored by the Wayne Friend of the Court and the DPL.  Also, watch for another Marketing Mixer and our next Drink 'n' Learn, this time on dealing with obstreperous counsel.  Contact Mitzy Sharp Futro or me for more information about any of the above. 
 
Last, the majority of you should have your DMBA membership renewal forms now, at least if you are on a calendar year basis.  I look forward to your renewal and I hope that you will persuade other friends and colleagues to join us and get to know, and become known in, our tremendous legal community.   
   
Sincerely, Elizabeth Jolliffe 
Upcoming Events:  DMBA Foundation Archer Award Gala, 2012 School Partnership Program, Barristers Section "Bar Review", Fort Street Open Door Program Community Service Morning
 

January 26 - DMBA Foundation Archer Public Service Award Gala honoring Maura Corrigan.  Each year, the DMBA Foundation presents the Archer Award to recognize outstanding public service by a member of the legal profession focusing on the metropolitan Detroit community. It is given to individuals who have established a career dedicated to the betterment of both our profession and our community.  The Archer Gala is traditionally held at unique and new or restored jewels in Detroit.  The new Port Authority on the riverfront is the latest.  Registration is $125 per person and includes a strolling supper and full bar.  Proceeds benefit the DMBA Foundation's Access to Justice and public service programs.  January 26, 6:00 - 8:00 p.m.   Click here to register. 

  

2012 School Partnership Program - Each year the Barristers Section's School Partnership Program ("SPP") brings a taste of the legal field into the Detroit Public Schools.  Through an essay contest, mock trials, Law Day activities, career panels and other activities, lawyers and law students share their expertise, enthusiasm and personal experiences with participating high school students.  We are seeking volunteers to take part in the various components of the 2012 program, ranging from a spare hour or two to working with students over the entire semester.  Contact SPP co-chairs Kim Yourchock at [email protected] , or Clarence Dass at [email protected]. 

 

  

Barristers Section "Bar Review" - February 7, 6:00 - 7:00

The Barristers Section resumes its review of local watering holes on February 7 at classic jazz club Cliff Bell's, 2030 Park Avenue, Detroit.  Meet up with the Barristers Section and other Detroit lawyers for an evening of networking and conversation while enjoying happy hour specials.  No registration necessary.  

 

 

Fort Street Open Door Program

 

Fort Street Open Door Program - Volunteer Morning February 16, 8:30 -11:30 a.m.

The Barristers Section welcomes volunteers for the February 16 Thursday morning meal program serving hundreds of people at the Fort Street Open Door Program.  This is a homeless outreach program that offers a variety of services including clothing, hygiene kits and other support in addition to the Thursday meal program.  To volunteer contact event chair Michelle Thomas, [email protected].  Seen here, at last year's volunteer morning, are Jeff Kopp (Foley), Michelle Thomas (Bodman) and Danielle Beasley (Chrysler) with another volunteer.   

 

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Member Benefit:  Free File by Fax

 

Fax Machine

Do you know about the DMBA's "File-by-Fax" service, which is free for DMBA members? 

 

This time and money-saving service is available to DMBA members via the Attorney Resource Center ("ARC") located in Room 1207 of CAYMC. 

 

Any document intended for the Third Circuit's Civil, Family or Probate Divisions - or the Mediation Tribunal - may be filed via File-By-Fax, so long as there is no required filing fee related to the document.  This means free filing of Mediation Summaries, Mediation Acceptances and Rejections, and all sorts of other documents and pleadings.  Compare this to charges of $15, $25, $40 and upward for non-DMBA members!

 

To use the File-by-Fax service, use this cover sheet.

 

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Recent Event:  Holiday Meetup @ the new Buhl Bar

Holiday Meetup 1

 

On December 22, thirty DMBA members and friends stopped by the new Buhl Bar for a glass or two of holiday cheer and lots of good wishes.  Rumors are it could become a tradition.  A stylish little place on the corner of Congress and Griswold, the bar also turned out to be a good place to check out velveteen sport coats as possible last minute Christmas presents.  Who knew?

 

Holiday Meetup 3

 

 

 

Above, Ben Jeffers (Dykema), Executive Director Mitzy Sharp Futro and Access to Justice Programs Administrator Dennis Donohue. Right, Kim Yourchock (Jackson Lewis) with Kerr Russell's Davidde Stella and Ricardo Lara.  Below left, Sommers Schwartz's Kevin Stoops and Dan Swanson with Don Gasiorek (Gasiorek Morgan Greco & McCauley).  Below right, Bob Kanode with Foley & Lardner's Jeff Kopp and Jennifer Neumann.

Holiday Meetup 2

   Holiday Meetup 6

 

 

 

  

 

 

 

 

 

 

 

 

Below left, Dave Winter (Sommers Schwartz) and Jeff Feikens (Feikens, Stevens, Kennedy & Galbraith) share stories from both sides of the v. in medical malpractice cases.  Below right, Paul Mersino (Butzel) catches up with Erin Kuenzig, law clerk to U.S. District Court Judge Stephen Murphy.  (Photos courtesy of Elizabeth Jolliffe.)Holiday Meetup 7 Holiday Meetup 7

 

 

Recent Event:  "Behind the Bench" lunch with Wayne Civil Division Judge Amy Hathaway

 
Behind the Bench
On January 11, twenty nine lawyers filled the seats to hear from one of Wayne County Circuit Court's most accessible and friendliest judges, Judge Amy Hathaway. 

"Behind the Bench" with Judge Hathaway included practical advice for litigators at all stages of their career.  Her advice ranged from being prepared as the most important and yet frequently ignored aspect of appearing in court, to realizing that what was supposedly filed in the Court's file may not be readily available to the judge and the judge's staff.  Please attach a copy if you want to make sure the judge is looking at the earlier pleading! 

 Judge Hathaway also shared personal experiences including when she ran for the bench in 1994, what it is like to encounter happy and not so happy former litigants while running errands and what it was like to have a home security detail from the DPD.  Having served on the Criminal and Family Division benches prior to serving in the Civil Division, Judge Hathaway had advice for all kinds of practitioners.  She even included a little advice for those appearing in front of her husband, Criminal Division Judge David Groner. 

 

Behind the Bench  

 

 

Many thanks go to Judge Hathaway for sharing her experiences "Behind the Bench."   


 
Practice Tips:  Five Tips for Successful Listening, by David Winter
David Winter   

Lawyers are in the business of language, communication and persuasion. If you strive to be successful as a client advocate, to bridge the gap between just being another lawyer to transforming yourself into a great lawyer, become a student of the skill that many attorneys overlook--listening. True listening is power and a magnificent force.  Justice Oliver Wendell Holmes said: "It is the province of knowledge to speak, and it is the privilege of wisdom to listen."

Regrettably, attorneys and judges often fail to listen even though they act like they are. Over the years I have observed how poor listening skills lead to a failure to communicate with clients, the opposition, the courts and juries. It can often lead to poor outcomes or at a minimum make your case more difficult. By failing to listen, essential information can be lost. We put up communication barriers and shut out those we wish to reach most. Folks resist even the best ideas and think of many reasons to reject our position when they perceive we aren't genuinely listening. Our failure to listen clouds the debate rather than clarifying it. Hearing what your opponent says improves the dialog. Make sure the message is not lost in the static of advocacy.

Let's get one thing straight, listening isn't waiting for the other person to stop talking so we can provide a rebuttal. Listening is understanding, interpreting, and paying attention to what is said.  The pathway to successful listening is outlined by five rules.  Learn and practice them and your career as a lawyer will become a much more rewarding experience professionally, personally and financially.

The rules I follow are:

  • Listen to why something is important to the speaker.
  • Confirm you understand the speaker's true meaning.
  • Ask for explanations, don't assume.
  • Don't offer opinions.
  • Edit out internal responses.

 

Now for many of us trained as advocates trying to get across our point, these rules may offer more than a few challenges.  But mastering them tallies a high return on our investment. By listening we show respect to the speaker and gain their confidence. Listening requires thought. Listening allows you to understand what someone is talking about and the core for their beliefs, desires, wants and needs.  Obtaining this information allows us to build a better relationship with the judge and jury as well as present a much sounder case.  Utilizing these listening steps increases the likelihood of success, pure and simple. 

  

Click here to read David's full article.

 

David Winter has been advocating safe health care for 30 years and  is a senior shareholder at Sommers Schwartz, specializing in representing patients in medical malpractice litigation. He enjoys politics, sports and, of course, listening.

 

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Featured Member:  Lawrence Charfoos, Charfoos Giovan & Birach LLP

LCharfoos

 

Because my father was a practicing attorney with a specialty in plaintiff worker's compensation from the 1930's on, I lived in a household where it never occurred to me to do anything else but to be lawyer.  Once an attorney, I was particularly attracted to the subjects of medicine and science as they emerged as sources of necessary knowledge in order to be a successful civil litigator. Subsequent to tort reform my practice has morphed more toward commercial litigation and limited select personal injury cases. 

 

Over the years, I have been fortunate to handle both significant and interesting cases.  Among them, the defense of former Mayor Coleman Young in a paternity suit. I was also involved in the Korean Airline crash (shoot down) and had occasion to represent F. Lee Bailey in his claim for legal fees out of the case before the D.C. Federal judge. I received the first million dollar verdict in a civil case in Michigan almost 40 years ago and had occasion to represent 7,000 locked in Northwest airplanes in the famous snowstorm tarmac case.  I still find trials fun and challenging. I am currently in full-time practice with a working wife and regular grandchildren responsibilities. Until last week, I favored cruises on large ships as my vacation style. 

 

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Featured Member:  Linda Foster-Wells, Keller Thoma PC

Foster-Wells

 

I am a partner in Keller Thoma, P.C., a labor and employment defense law firm.  The majority of my practice has been litigation, however I also handle traditional labor matters and work with multiple administrative agencies.  ADR is an increasing part of my practice as I serve as a facilitator/mediator and arbitrator on numerous panels, including the circuit courts in metro Detroit and AAA.  Ten years at General Electric in various human resources/labor relations capacities provided the interest and  groundwork for me to specialize in employment law.  I took an educational sabbatical from G.E. at the age of 32 to go to law school and when I was recruited by Keller Thoma, it was a natural fit.

 

The most valuable lesson I've learned in life is not to sweat the little things.  I am married and I have a daughter and four stepsons.  I enjoy golfing, reading, traveling and bargain shopping.  My favorite place to visit so far has been  Hong Kong.  I am a DMBA member because the majority of cases I handle are in the Wayne County Circuit Courts.  It only makes sense that I maintain membership with the bar association most closely connected with that court system.  To date, the greatest benefits of being a DMBA member have been the opportunity to attend the events sponsored by the organization including the panel discussions on a variety of practice/subject matter areas, meeting the various judges who have been featured speakers and, most recently, participation in the social/networking events.  

  

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  Featured member:  Todd Holleman, Miller Canfield

Holleman   

I decided that I wanted to be a lawyer in 9th grade after watching L.A. Law.  I specialize in securities arbitration/litigation, automotive supplier disputes, general business contract cases and appeals.  If I were not able to be a lawyer, I would be a minister.  My advice to new lawyers is you do not need to be arrogant or obnoxious to be convincing.  Also, find out what you love to do and do it.  My spare time is spent with my family or working in various ministries of my church.  I have been to Africa twice on missions trips.  There is no substitute for seeing different parts of the world and, in the process, helping people when going there.  Any remaining spare time is spent exercising and reading. 

I think every case I handle is interesting.  Each brings its own set of facts to be learned, dealt with and put together like a puzzle.  I love the challenge of each case, and I particularly like to help my clients resolve their legal issues.  I choose to be a member of the DBMA because there is great value from knowing your peers and colleagues as well as being able to take advantage of DBMA programs that bring the local bench and bar together.

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New Member Names!
Welcome
 

We welcome the following new members who have joined the DMBA since the December BarNews:

 

Kurt M. Brauer, Monika Carter, Laura R. Dierwa, Gregory Jones,  Elizabeth King, Jamie McCutcheon, Travis Meyer, Jeffrey Noe, Mary Anne Noonan, Jarett Smith, Kelsey Vidaillet Switzer, Jacqueline Theisz, Thomas Trapnell, Benjamin J. Wilensky

 

 

 

 

 

 

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The Detroit Metropolitan Bar Association