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Today at the Bar: Join a Committee



Title: Today at the State Bar of Michigan
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Today at the State Bar of Michigan

April 2010

Join a Committee
2010 April Directory
Upper MI Legal Institute
Law Day Broadcast
Michigan Legal Milestones
TAON (Trust Accounts)
Pro Bono Workshop
McCree Award Winners
Tips & Tools Seminar
Election Process
Supreme Court Video
Practice Management Tip

 


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Join a Committee

Dear Member:

I invite you to apply now for appointment to committees for the 2010-2011 Bar year. Service on the committees is voluntary and occurs through an appointment process that begins with an application that must be filed by May 15.

I encourage as many members as possible, especially those from our local and special purpose affiliate bar associations, to apply for committee appointments. State Bar committees address nearly every aspect of the justice system in Michigan, and it is vital to have diverse representation on all of them.

Nearly 30 standing and special committees work to improve the administration of justice in Michigan by following the State Bar of Michigan's strategic plan. Appointments for the 2010-2011 Bar year are expected to be finalized by Sept. 1.

Applications can be submitted electronically; more information about the committees can be found online. Questions about committees or the application process can be directed to Candace Crowley, SBM director of external development, at ccrowley@mail.michbar.org or (517) 346-6319.

Sincerely,

W. Anthony Jenkins
President-elect

2010 April Member Directory

    The 2010 April Directory issue of the Michigan Bar Journal was mailed on April 16, and the delivery window for this year’s Directory will extend through May 31. Members who have not received their Directory by this date may request a replacement copy beginning June 1. If you receive a damaged or defective Directory, please call 1-800-SBM-forU (800-726-3678) to request a replacement.

    Per USPS mailing requirements, our printer is required to bundle multiple copies of the Directory for shipping from its facility. Although these bundles are generally separated on receipt at central post offices, it is possible that you may receive additional Directories not addressed to you, bundled with your copy. If you are in receipt of misdelivered Directories, please place them in your outgoing mail to ensure delivery to the proper recipients.

    The printed Directory reflects all changes to member records received by January 11, 2010. For the most up-to-date information, refer to our online member directory.

    You don’t have to share your directory! Limited copies of this valuable legal resource are available on a first-come, first-served basis. Every staff member should have his or her own copy of the 2010 Michigan Bar Journal Directory. 2010 Order Form

Hotel Deadline Approaching for Upper Michigan Legal Institute

    Reserve your room at the Grand Hotel before May 11 to receive the UMLI event rate.

    Date: June 11–12, 2010
    Location: Grand Hotel, Mackinac Island
    Registration and More Information

    You won’t want to miss this opportunity to get the latest developments in case law while enjoying the ambiance of the historic Grand Hotel on beautiful Mackinac Island! Join your friends and colleagues for two days of comprehensive legal education featuring top-notch presenters, panels, and invaluable technology and practice management tips. Seminars will include criminal, family, real property, and business law updates, as well as estate planning, technology tips, and much more.

Law Day Broadcast on May 3

    The State Bar of Michigan will be appearing on Michael Patrick Shiels in the Morning from 7–9 a.m. to commemorate Law Day on Monday, May 3. This year’s theme is “Law in the 21st Century: Enduring Traditions, Emerging Challenges.” From 7–9 a.m., State Bar leaders will discuss some of the top issues the law is facing today. The second hour will give callers a chance to get legal advice. The Michigan Talk Network broadcasts across the state. Visit the Michigan Talk Network to find out where to tune in in your area.

35th Legal Milestone to Focus on Pigeon River Elk v. Oil Drilling Dispute

    The State Bar of Michigan’s 35th Legal Milestone “Elk, Oil and the Environment” will focus on the decade-long battle in the 1970s over drilling for oil and gas in northeast Michigan’s Pigeon River Country Forest. The 91,000-acre forest—home to a substantial elk herd and sitting on huge reserves of oil and natural gas—was the scene of one of the longest, most controversial environmental battles in Michigan history. A 1979 landmark Michigan Supreme Court case (West Michigan Environmental Action Group v. Natural Resources Commission) eventually led to an extraordinary agreement between state government, the oil industry, and environmental groups. It allowed tightly regulated drilling in the southern one-third of the forest, which decades later has yielded valuable gas and oil reserves while the elk herd has continued to grow.

    A dedication ceremony will be held at noon on Wednesday, June 9 near Gaylord. For more information, contact Samantha Meinke at smeinke@mail.michbar.org or (517) 346-6332.

New Trust Account Overdraft Notice Rule Takes Effect Sept. 15

    New Rule 1.15A of the Michigan Rules of Professional Conduct, also known as the Trust Account Overdraft Notice Rule (TAON), takes effect on September 15, 2010. To review Rule 1.15A in its entirety, visit www.michbar.org/opinions/ethics/TAON.pdf.

    A brief summary of the requirements of the TAON Rule is provided below:

  • Before the effective date of the TAON Rule, financial institutions doing business in Michigan must submit a signed agreement to the State Bar of Michigan to obtain approval to maintain lawyer trust accounts as defined by MRPC 1.15(a).
  • Lawyers must confirm that their financial institutions are on the list of approved financial institutions posted on the State Bar’s website.
  • No further action is required by lawyers for their preexisting IOLTA accounts; these accounts have already been identified as lawyer trust accounts by financial institutions when opened by lawyers.
  • After confirming that their financial institution is on the State Bar’s list, lawyers must contact their financial institutions to change the name on their non-IOLTA accounts to include the term “trust” or “escrow” if not already included in the account name.
  • After confirming that their financial institution is on the State Bar’s list, lawyers may download a form (Non-IOLTA Lawyer Trust Account Notice to Financial Institution) from the State Bar’s website and submit the completed form to their approved financial institutions for each non-IOLTA trust account and must send a copy to the State Bar.
  • Lawyers must continue to safeguard client and third-party funds held in trust to avoid all overdrafts to their IOLTA and non-IOLTA accounts.
  • Approved financial institutions maintaining lawyer trust accounts must submit overdraft reports within five banking days of any overdrafts to the grievance administrator of the Attorney Grievance Commission.
  • The State Bar is in the process of communicating with financial institutions to invite their participation in the TAON program. The State Bar expects to begin receiving signed TAON agreements from financial institutions in May and will begin posting its list of approved financial institutions at that time. The State Bar will update the list of approved financial institutions as signed TAON agreements are received from financial institutions. Lawyers should wait until the name of their financial institution appears on the State Bar’s list of approved financial institutions before submitting a completed non-IOLTA notice form.

    Forms and additional information are available on the State Bar’s website at www.michbar.org/opinions/TAON.cfm. The State Bar will provide more detailed information regarding the implementation of the TAON Rule on its website and in upcoming issues of the Michigan Bar Journal.

Nurture the Power of Pro Bono

    The Pro Bono Initiative of the State Bar of Michigan presents a "hands-on" workshop for non-profit directors, pro bono managers, coordinators, and their staff.

    Location: State Bar of Michigan, Lansing
    Date/Time: Wednesday, May 26, 2010, 8:30 a.m.–3:00 p.m.
    Cost: This training is offered free of charge and includes a light breakfast and lunch
    Register Online by May 19
    More Information

    Please join us for welcoming remarks from Michigan Supreme Court Chief Justice Marilyn Kelly as we discuss:

    Recruitment and recognition
    Rural pro bono
    Engaging law firms and the judiciary
    Accessing law school resources

SBM Congratulates Winners of 36th Annual McCree Awards for Journalists

    State Bar President Charles Toy presented the 36th annual McCree Awards at the Michigan Journalism Hall of Fame Induction Ceremony on April 18 at the Kellogg Center in East Lansing.

    Detroit Free Press reporters Jennifer Dixon and Tina Lam won a McCree Award for their 14-month-long investigation into questionable investment, lavish travel, and lack of ethics policies in Detroit’s two public pension funds. See their investigation. The Free Press won a second McCree Award for a series of articles chronicling the legal and financial troubles of some Detroit City Council members. The articles were anchored by M.L. Elrick who was assisted by Jim Schaefer, Rochelle Riley, Naomi Patton, and Gina Damron.

    Ryan Loew, Louise Knott Ahern, Cody Hinze, and Jamee Urrea of the Lansing State Journal won for a multimedia series called “Unmasking the Violence: The Case That Awakened a Nation.” The 1977 case involved a Dansville woman named Francine Hughes, who gained national attention by killing her ex-husband by setting him on fire. This was later immortalized by the made-for-TV movie “Burning Bed” starring Farrah Fawcett. View their multimedia piece. In the broadcast category, the McCree Award went to anchor Angie Hendershot and photojournalist Christopher Carr of WJRT-TV 12 of Flint for a series called “Baby Court.” Hendershot and Carr followed a few young families’ years-long journeys to regain custody of their children with the help of a new, innovative court championed by the late Hon. Robert Weiss, chief probate judge in Genesee County. See their series.

    Visit SBM News' Facebook page to see a full photo album of the event.

Tips & Tools for a Successful Practice

    Date: Tuesday, May 4, 2010
    Time: 8:45 a.m.–4:45 p.m.
    Location: State Bar of Michigan, Lansing
    Register before April 27. No walk-ins accepted.

    This seminar features presentations on how to maintain mutually beneficial client relationships, draft effective fee agreements, manage trust and business accounts, analyze ethical issues, and use innovative techniques and technology for law office management. Participants will receive seminar materials prepared by the featured presenters.
    Registration and More Information

Electronic SBM Election Process

    A new process for the SBM elections will be implemented for the 2010 State Bar elections. This process will allow all active members to vote securely online at the State Bar of Michigan website. The new process saves money, is more environmentally conscious, and will be more convenient for members.

    All members with computer access currently have the ability to access the State Bar website member area using their unique password to pay their dues, register for conferences and seminars, and order publications. Those members will now have the opportunity to cast their vote in June for candidates in the Board of Commissioners, Representative Assembly, Young Lawyers Section Executive Council, and the Michigan Judicial Tenure races in the areas that they are entitled to vote.

    Over 90% of the State Bars members have provided e-mail addresses for their contact information. SBM members who do not have online access will have the opportunity to request that a paper ballot be sent to them.

Michigan Supreme Court Video

    Videos from the Michigan Supreme Court oral arguments, Public Administrative Conference, and Public Administrative Hearing have been posted on the State Bar of Michigan Virtual Court web page.

    • April 13 & 14: oral arguments
    • April 14: text of the 2010 State of the Judiciary
    • March 9 & 10: oral arguments
    • March 11: public administrative conference

Today's Practice Management Tip

    Capture Online Video—Free!

    Have you ever needed to show online video when you had no access to the Internet? Here are two free applications that allow you to convert online video into a MPEG, AVI, WMV or a host of other formats.

    Zamzar, an online service
    Vdownloader, an app you download and install

    I have tested Zamzar and was impressed. Using some of the older capture applications, the process was long, convoluted, and generally painful. Zamzar made it a snap. Zamzar captured a two minute video from YouTube in no time then sent an e-mail with a link to the file which I then downloaded. The quality in the resulting WMV file was as good as the YouTube version and it played flawlessly.

    These files can then be used in any venue with no anxiety about the Internet accessibility, speed, or buffering. The caveat of course is the copyright. Be careful what you copy and how you use it!

    Each Tuesday a new Tip of the Week is posted at the Practice Management Resource Center.