Rule governing bar admission by motion amended

Lawyers seeking admission to the State Bar of Michigan without taking the Michigan bar examination will no longer be required to state a good-faith intention to maintain an office in the state under a rule change approved by the Michigan Supreme Court.

The Michigan Supreme Court, with one partial dissent, has amended Rule 5 of the Rules for the Board of Law Examiners to eliminate the requirement effective Jan. 1, 2013.

However, there’s a possible snag. The rule amendment is at odds with MCL 600.946, which has not been amended to mirror the newly amended rule.

That’s why Janet Welch, the state bar’s executive director, had asked the MSC to adopted the Jan. 1, 2013, effective date, “to allow the Legislature to act on a corresponding statutory change consistent with the proposed amendment.” Welch submitted the request on behalf of the bar’s Executive Committee.

Chief Justice Robert Young Jr. complained that the MSC majority acted too quickly.

I concur with amending Rule 5 of the Rules for the Board of Law Examiners to eliminate the requirement that an application for admission without examination assert the intent to maintain an office in Michigan for the practice of law.

However, I dissent from giving this change effect prior to the amendment of MCL 600.946, which provides the identical requirement. Therefore, until MCL 600.946 is amended, the adopted rule change will not solve the problem it is designed to cure and amounts to no more than a gesture by this Court.

Young didn’t identify the “problem” to which he referred.

But Welch, in her comments to the MSC, noted that at least one other jurisdiction has found an in-state office requirement unconstitutional, and that the U.S. Supreme Court has spoken on the matter.

We believe that proposed change is supported by federal case law, In Fraizer v. Heebe,  a 1987 U.S. Supreme Court case, [the Court] struck down a U.S, District Court local rule requiring either residency in the state where the court sat or the maintenance of an office in the state without reaching any of the constitutional questions, by concluding that the residency requirement was “unnecessary and arbitrarily discriminates against out-of-state lawyers” and that the in-state office requirement is “unnecessary and irrational.”

In September 2011, New York’s in-state office requirement was ruled unconstitutional in Schoenefeld v. New York. The opinion held that the rule was a violation of the privileges and immunities clause.

So, the MSC has amended a rule governing admission to the bar, presumably to eliminate a provision of questionable legality. Young has gone out of his way to opine that the MSC’s action doesn’t mean a thing until the Legislature brings the statute into line.

In the meantime, the Legislature is preparing for its summer break, so if anything is going to happen, it won’t be until later in the year.

Lest you think this is an academic point, the Michigan Board of Law Examiners gets more than 100 applications a year for admission under Rule 5.

If the Legislature doesn’t act until after Jan. 1, or decides to simply ignore the matter, the bar examiners will have an interesting choice to make when processing Rule 5 applications in 2013 and beyond.

MSC hearing on referral fee, pro bono rules

A proposed rule aimed at capping attorney referral fees in contingent fee cases is on the agenda of the Michigan Supreme Court’s September 28 public hearing.

The rule would apply to cases where the attorney’s compensation is an agreed-upon share of the case award or settlement.

Under the proposed amendment of Michigan Rule of Professional Conduct 1.5 (ADM File No. 2010-07), an attorney who refers a contingent fee case to another attorney could receive a referral fee, but the fee would be capped at “25 percent of the amount recovered.”

The rule change is aimed at discouraging attorneys from operating as brokering services and directing clients to lawyers who pay the highest referral fees.

A referring attorney who also contributes a “substantial input of time or cost, or assumption of risk” could receive a larger fee if the other attorney agrees and if the court approves.

The Court will also discuss whether to adopt one of two alternative proposals regarding an attorney’s ethical obligation to provide pro bono services (ADM File No. 2010-18; proposed amendments to of MRPC 6.1).

Alternative A would clarify that attorneys are not subject to disciplinary proceedings to enforce the pro bono rule. Alternative B would require Michigan attorneys to donate 30 hours of professional time or handle three pro bono cases per year, and/or contribute $300 or $500 per year to programs that provide legal services to the poor.

The Michigan Supreme Court periodically holds administrative hearings to allow interested persons to comment on proposed court rule changes and other administrative matters on the Court’s agenda.

Speakers will be allotted three minutes each to present their views, after which they may be questioned by the Justices.

To reserve a place on the agenda, please contact the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at, no later than Monday, September 26, 2011. Requests to speak should include the ADM file numbers for the agenda items the speaker wishes to discuss.

– Information provided by the Michigan Supreme Court.

Legal program wins 2010 Michigan Emmy Award

Birmingham, Mich (June 8, 2010) – Due Process, a long-running weekly legal program airing on PBS, has won an Emmy Award for best Public/Current/Community Affairs program for its “Treatment Court” episode. The award was announced at the National Academy of Television Arts and Sciences 2010 Michigan Emmy Awards on Saturday, June 5, 2010 at the Royal Oak Music Theatre.

Due Process is hosted by attorney Henry Baskin and produced by Mitch Jacobs, Jacobs Productions. The program has been on the air for 26 seasons, making it one of the longest running programs in Michigan television history. This is the first Emmy Award for the program as well as the first time Due Process submitted a nomination for the award.

“Everyone involved with Due Process strives to produce quality and informative shows that will  provide the public with simple and helpful information about common legal issues, so it is a true honor to receive this award,” said Henry Baskin, host of Due Process. “Many thanks go to Due Process producer Mitch Jacobs, PBS and to our underwriters Meade Lexus and Newsradio WWJ-950.”

“Treatment Court”, the Emmy Award winning episode, was an in-depth look at the adult treatment court and its effectiveness at addressing adult felony offenders. In this powerful program, host Henry Baskin was joined by the Honorable Wendy Potts, Chief Circuit Judge of the 6th Judicial Circuit Court and Shea Pounder, an ex-addict who received assistance through treatment court and is helping others transition to a successful life.

Attorneys honored for prosecution of spam, torture cases

“U.S. Attorney Terrence Berg and assistant U.S. attorneys Julie Beck and Christopher Graveline, of the United States Attorney’s Office — Eastern District of Michigan, were honored this week in Washington, D.C. for their prosecution of Alan Ralsky, called the spam king, and another case,” reports the Detroit Free Press.

“The prosecutors were honored Tuesday at the 2009 Assistant Attorney General Awards at the Robert F. Kennedy Main Justice Building in Washington, D.C.”

U of M Law School 2nd in Super Lawyers ranking

The University of Michigan Law School is second on Super Lawyers magazine’s first annual ranking of U.S. law schools.

Harvard Law School topped the 180-school list.

The rankings were based on the number of graduates from each school selected for inclusion in Minneapolis-based Super Lawyers, which uses peer nominations and third-party research in its selection process.

Explains Super Lawyers publisher Bill White:

Most law school rankings look at things like bar passage rates, professor-to-student ratios and the number of books in the library, but ignore the end product – the quality of lawyers produced.

It’s like ranking football teams based on athletic facilities, player size and equipment without considering who wins the games.

White acknowledged that the rankings are a “trailing” indicator, in that attorneys named to Super Lawyers typically graduated years ago.

“It’s true that past performance does not guarantee future results but it’s an important factor that up until now has been largely ignored,” according to White.

White also conceded that schools with smaller graduating classes may get short-changed in the ranking but maintained that a “large class size is not an advantage if you don’t produce great lawyers.”

Here’s how Michigan’s other law schools fared in the Super Lawyers ranking:

Wayne State University Law School – 37
University of Detroit Mercy Law School – 92
Michigan State University College of Law – 120
The Thomas M. Cooley Law School – 146

Ex-bidder wants to halt sale of Silverdome

“A Bloomfield Hills attorney who offered $20 million for the Pontiac Silverdome two years ago will be in court today to ask a judge to block its sale this week for $583,000,” reports The Detroit News.

“The 80,300-seat Silverdome and adjacent 127 acres were sold Monday in a closed-door auction attended by only a few city officials and four invited bidders. A still-unidentified Toronto group was chosen to take over the Silverdome, built in 1975 at a cost of $55.7 million. The group said it hopes to bring a soccer league to the venue.

“‘We believe we have strong grounds to challenge this sale,’ said attorney H. Wallace Parker of Silver Stallion Corp., whose efforts to buy the stadium stalled last year over disputes about repair work, lost property and a city-required fee.”

Hitting the books

“Having removed about 5,000 outdated law books from the Wexford County Law Library on Saturday, Oct. 24, Wexford County commissioner Terry Beck said his next step is to find a place to put the books,” reports

“‘They were going to go the dumpster and be taken to the landfill,’ Beck said. ‘I figured if we could find some way of utilizing them to benefit from them, we should.’

“Considering that statutes have changed and the information in the texts are now inaccurate, the books no longer hold any value to the Wexford County Courthouse. After about three months of discussion, Beck said the Recreations and Buildings Committee decided to dispose of the out-dated books as a way to free up space in the courthouse.”