grand rapids lawyer newsletter - march/april 2015

Serve. Educate. Promote Justice.M A R C H / A P R I L 2 0 1 5

The Grand Rapids LawyerA 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 B A R A S S O C I AT I O N

Best Wishes Judge Benjamin Logan!

– MORE RETIREMENT RECEPTION PHOTOS ON PAGE 10 –

Thank you to the Floyd Skinner Bar Association; Federal Bar Association, Western District of Michigan Chapter; GRBA Senior Section; and Women Lawyers

Association of Michigan, Western Region for helping us put on this event!

2 The Grand Rapids Lawyer l Mar/Apr 2015 l grbar.org

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grbar.org l Mar/Apr 2015 l The Grand Rapids Lawyer 3

THE GRAND RAPIDS LAWYERis 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 [email protected]

Executive Assistant/Membership/ Inns Administrator Debbie Kurtz/ext. 101 [email protected]

Membership & Marketing Coordinator/ grab LAW Administrator Mieke Stoub/ext. 109 [email protected]

Administrative AssistantFoundation AdministratorTricia Swanson/ext. [email protected]

Lawyer Referral Administrator Nancy King/ext. 107 [email protected]

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

TrusteesAngel C. Dotson . . . . . . . . . . . . . . 616.831.1747Elizabeth Joy Fossel . . . . . . . . . .616.336.6707Joseph J. Gavin . . . . . . . . . . . . . . . 616.831.1722Bradley K. Glazier . . . . . . . . . . . . .616.458.6814Benjamin H. Hammond . . . . . . 616.458.3600Sarah Riley Howard . . . . . . . . . . .616.451.8496Courtney L. Quist . . . . . . . . . . . . 616.454.9008Brian K. Lawson . . . . . . . . . . . . . . 616.340.3087Marcus Jones . . . . . . . . . . . . . . . . .616.787.5799

ON THE COVER: Highlights from Judge Logan's retirement reception.

IN THIS ISSUE: Mar/Apr 2015

8 Election Begins

15 3Rs Session Ottawa Hills High School All Day

16 Bench Bar Conference Kent County Courthouse 1:30pm

16 Fellows & Life Member Reception

Amway Grand Plaza -Imperial Ball Room

5:00pm

11 3Rs Session Ottawa Hills High School All day

18 Ask-a-Lawyer Grand Rapids Public

Library 6:00pm

19 Real Property Section Meeting

University Club 5:00pm

26 Justice Foundation of West Michigan Benefit Dinner

Frederik Meijer Gardens & Sculpture Park

5:30pm

1 Law Day Luncheon & Awards Ceremony

University Club 11:30am

7 Annual Meeting E.V.E. at the B.O.B. 6:00pm

14 3Rs Debate Thomas M. Cooley Law School 10:00am

20 Ask-a-Lawyer Grand Rapids Public

Library 6:00pm

MARCH 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

5 President’s Perspective Thomas R. Behm

6 Arguing in the United States Supreme Court John J. Bursch

7 SBM: New “Connect” Feature Lynn Ingram

8 Highlights from the Lunch and Learn Lead by Victoria Vuletich & JoAnn Hathaway

9 China is #1 – Now what? Matthew D. Kendall

10 Pictures

12 Upcoming Events

13 Don’t Overlook the Intentional Auto Tort Thomas G. Sinas

14 Criminal Notes Timothy K. McMorrow

15 2015 Elections

17 YLS Update Sarah N. Whitney

APRIL 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

MAY 2015 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31


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P R E S I D E N T ’ S P E R S P E C T I V E

BY: THOMAS R. BEHM

On Thursday, March 26, 2015, the Justice Foundation of West

Michigan (the “Justice Foundation”) will host its Benefit Dinner at the Frederik Meijer Gardens & Sculpture Park, starting at 5:30 p.m. This year promises to be another wonderful event with entertainment provided by The Second City, the legendary comedy, satire and improvisation troupe that launched the careers of some of the greatest comics of all time, including John Belushi, Gilda Radner and John Candy. The evening will also feature a silent auction, giving everyone an opportunity to bid on some unique items. As in the past years, the event will likely sell out, so make sure you get your tickets as soon as possible from the Grand Rapids Bar Association.

The funds raised at the Benefit Dinner will go to support the work of the Justice Foundation. As many of you know, the Justice Foundation is the charitable arm of the Grand Rapids Bar Association. It was originally established in 1976 as the Grand Rapids Bar Foundation and was principally dedicated to supporting the large law library that served the members of the Grand Rapids Bar Association. However, with the popularity of on-line legal research, the law library became obsolete and the books in the library were donated to Grand Valley State University in 2003.

Approximately 10 years ago, the Grand Rapids Bar Foundation decided to change its focus from being a private foundation that was focused on its members to becoming a public foundation that served the needs of others. With the change came a new name; the Justice Foundation of West Michigan. The mission of the Justice Foundation is to serve West Michigan through the funding of programs that promote and provide legal services to the disadvantaged, improve the administration of justice, and educate the public about core democratic values.

The contributions of the Justice Foundation to our community are truly remarkable. By way of example, the Justice Foundation played an integral role in the establishment and continued funding of the Legal Assistance Center which provides legal assistance to approximately 18,000 people each year from our community. Additionally, the Justice Foundation has sponsored numerous organizations and events, including the Michigan Center for Civic Education, the Michigan High School Mock Trial Tournament, “Ask the Lawyer” program and the

Newspapers in Education Program of the Grand Rapids Press. The Justice Foundation has also provided funding to support Justice For Our Neighbors, which provides assistance to immigrants and refugees. In total, the Justice Foundation has contributed more than $100,000 to worthy causes in our community to improve the administration of justice, educate the public and provide legal services to the disadvantaged.

As we get ready to celebrate the tremendous work of the Justice Foundation, a special thanks needs to go out to the following individuals who serve on the Justice Foundation Committee:

Richard E. Hillary, II (co-chair)Courtney L. Quist (co-chair)Kent W. MudieSuanne Watt-StayDale Ann IversonE. Joy FosselA. Todd AlmassianBrian K. LawsonRandall L. VelzenStephanie L. NewtonJoseph J. GavinPeter M. KulasThomas G. SinasKimberly A. Coleman

Let’s Celebrate!

On behalf of the Justice Foundation, we look forward to seeing you at this year’s Benefit Dinner and thank you for your tremendous support. We hope you enjoy the show.


There are few things more exciting for a lawyer than

an oral argument session at the United States Supreme Court. As I prepare to argue my 9th U.S. Supreme Court case this spring, the Grand Rapids Lawyer asked me to share a few thoughts about the experience.

Simply getting a case to the Court is akin to winning the lottery: the Court grants less than 1% of all the petitions for certiorari filed. Receipt of the order granting a petition triggers an intense period of merits briefing, moots, and traveling to D.C. for the argument. That’s when the fun begins.

On the morning of the argument, advocates pass through security under the Supreme Court building’s front steps and enter the building’s lowest level to check in and rub the foot of the bronze statue of Chief Justice Marshall for good luck. At 9:00 a.m., someone from the clerk’s office escorts the advocates to an elevator,

and the operator (yes, the Supreme Court still employs elevator operators!) takes everyone up one floor to the main level. In the Lawyer’s Lounge, the Clerk of the Court, dressed in a morning coat, addresses the advocates, admonishing them not to introduce themselves or their clients but to simply begin their arguments with the traditional “Mr. Chief Justice and may it please the Court.”

The courtroom is beautiful. It measures 82 by 91 feet, with a 44-foot ceiling to accommodate the 24 columns made of Old Convent Quarry Siena marble. Distractions are minimized; attendees are prohibited from bringing any electronic devices into the courtroom— including cell phones—and U.S. marshals quickly scold anyone nodding off or whispering to a neighbor during an argument.

At 10:00 a.m. sharp, a buzzer sounds, everyone stands, and the Justices materialize from behind the iconic red curtains that frame

the bench as the Marshal gives the familiar “Oyez! Oyez!”

welcome to open the proceedings.

After

disposing of any Court business (attorney admissions, opinion announcements), the Chief Justice calls the first case.

The lectern and the bench are extremely close; the advocate and the Chief Justice could nearly touch each other if they tried. But there’s little time for that. Less than one minute into the argument, Justice Sotomayor or Justice Ginsburg will ask the first question, and then it’s off to the races. On average, the Justices ask 100 questions during a one-hour argument. Each side has 30 minutes to make its case, and that argument must be presented almost exclusively in the form of answers.

The lectern’s white light signals a five-minute warning. When the red light goes off, the advocate must finish his or her sentence and sit down. Immediately. The Justices typically hear a second case and then return to their Chambers.

At each counsel table are four quill pens for the litigation team to take home as a memento of the morning. Then the wait begins for the opinion, which will issue between one month following argument and June 30th (the last day of the Term). It is a truly unforgettable experience.

John Bursch co-chairs the Appellate and Supreme Court Practice at Warner Norcross & Judd LLP. In addition to his 9 U.S. Supreme Court arguments, he has argued 18 cases in the Michigan Supreme Court. He can be contacted at 616.752.2474, [email protected].

ARGUING in the UNITED STATES SUPREME COURT

BY: JOHN J. BURSCH · WARNER NORCROSS & JUDD


Bob Dylan likely did not have the legal profession in mind when he

wrote these famous lyrics in 1964, but he may as well have because the times have certainly a-changed for lawyers, and they aren’t a-slowin’ down.

Fortunately, the State Bar has been swimming.

State Bar President Tom Rombach has put a heavy emphasis on “addressing the needs of 21st Century lawyers” during his presidency, while SBM Executive Director Janet Welch has expressed that the Bar has “the willingness and capacity” to lead the charge and keep lawyers on the cutting edge.

That’s why the SBM launched Connect, a new website and interactive community for its members.

Never has it been more important for lawyers to have a presence online. And never has it been more important to network with colleagues.

Connect does both.

Responding to Change

“The legal marketplace is changing,” Rombach wrote in his 12/2014 President’s Page, recognizing

that technology and social media have transformed the way lawyers communicate and share information, and noting that “we need to be more nimble and more creative.”

Connect was designed to facilitate this conversation and help develop fruitful relationships within the legal community.

The key to Connect is its focus on specific practice areas through specific SBM section pages. Each section has it’s own Connect page dedicated to its members. And each page has its own Section Directory, Section Discussion, and Section Library, making it easy for practitioners to drill down and find what they need, quickly.

Section Directories provide members an easier way to see who belongs to their own, or another, section.

Section Discussions allow members of a particular section to ask and answer questions about their particular area of practice, or simply connect with other lawyers in their field who they otherwise would never have met.

Section Libraries allow members to upload files from past seminars, journals, webinars, and more. If it can be archived in a hierarchy of folders, it can uploaded to the Section Library for general perusal.

Lawyers can use Connect to access archived materials, find upcoming section events, network via a comprehensive member directory, share knowledge and resources in the member-only library, and participate in focused discussion groups.

As a whole, the section Connect pages create a vibrant community of experts contributing to the growth and betterment of the legal profession for both lawyers and their clients.

In other words, it’s built for the 21st Century lawyer.

Getting Connected

Connecting with your colleagues is easy.

First, login at connect.michbar.org using the same username & password you currently use to access the Bar’s Member Area, where you pay your dues or register for an event. All SBM members have a login. If you need a reminder, call 1-888-SBM-ForU.

From there, click on “Section Websites” and choose your section.

Connect now and see the legal world like you’ve never seen it before.

The State Bar’s New “Connect” Feature Brings 21st Century Lawyers Together

BY: LYNN INGRAM · THE STATE BAR OF MICHIGAN PROGRAM DEVELOPMENT AND COMMUNICATIONS MANAGER

If your time to you is worth savin’, then you better start swimmin’ or you’ll sink like a stone, for the times they are a-changin’. - Bob Dylan


LUNCH & LEARN

Tips for a Restructuring ProfessionLead by Victoria Vuletich, Western Michigan University Cooley Law School and JoAnn Hathaway, State Bar of Michigan

Victoria Vuletich from Western Michigan University Cooley Law School and JoAnn Hathaway from the State Bar of Michigan presented tips such as how to reconfigure your practice for the increased competition that is coming and how to lower your overhead and increase your efficiency.


China has long been known as a source for inexpensive

labor, where products can be made and shipped around the world for a fraction of the price of making them in the market where they will be sold. It has also been known as a place where new products can be copied in a heartbeat with practically no development cost, and where intellectual property enforcement is often perceived as a long shot, especially for foreign companies. A common (but fading) perception is that enforcement in China is limited to the occasional televised raid of an unlucky counterfeiter. Sure, it’s fun to watch a steamroller press fake Rolexes into asphalt once in a while, but that hardly puts a dent in the problem.

It’s 2015 and China’s economy is the largest in the world. Its appetite for consumer goods is already enormous and increasing at an incredible rate – it passed the U.S. in automotive sales way back in 2009. Chinese wages and manufacturing costs are also on the rise, and China recognizes that providing meaningful intellectual

property protection for domestic and international companies is an investment in its economic future. Part of this recognition is reflected in the upcoming establishment of new specialized intellectual property courts in the heavily industrialized areas of Guangzhou, Beijing, and Shanghai.

When committing resources to research and development of a new product, companies want confidence that their efforts will be rewarded with exclusivity, in addition to the increased sales and market recognition that comes with developing a superior product or brand. It can be a relief to know that a U.S. patent offers protection not just from would-be copycats in our own backyard, but also protects against the importation of infringing goods from China and any other country into the U.S. So is U.S. protection enough? For many, it still is.

The U.S. still provides good bang-for-your buck when it comes to the cost of obtaining a patent or registering a trademark or copyright, so if the U.S. represents

a major market for you or your client, start here and worry about the rest of the world later (but not too much later, since you may be time-limited). Enforcement anywhere is expensive and can be unpredictable, but at least the U.S. system is well established and known.

If you or your client has business operations and relationships in China or plans to develop them, or if China represents a major manufacturing base for competitive products or is already a major consumer of those products, this is a good time to evaluate what protection may be available. There may be several options; China even has three different types of patents. The cost for securing protection may be lower than you think (but don’t expect a Chinese attorney to work for $3 per hour), and filing a lawsuit in China is not the only enforcement option.

You can’t protect yourself everywhere – even global companies don’t do that - but if you have dismissed China up to this point, it may be time to reconsider.

BY: MATTHEW D. KENDALL, GARDNER LINN BURKHART & FLORY, LLP

China is #1.Now what?


Judge Benjamin Logan Retirement Reception!


Judge O’Hara INVESTITURE

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Justice Foundation of West Michigan Benefit Dinner

Thursday, March 26, 2015 @ 5:30pmFrederik Meijer Gardens & Sculpture Park

More information at www.grbar.org

An n ua l Meetin g

May 7, 2015 | 6:00pmE.V.E. at the B.O.B.

Criminal & Civil Law Bench Bar ConferenceThursday April 16, 2015 | 1:30-5:00

Kent County CourthouseMore information and registration will soon be available at www.grbar.org

Justice Foundation Fellows & Life

Members ReceptionThursday, April 16, 2016

5:00 - 7:00pm Amway Grand Plaza Hotel

Imperial Ball Room

7,696 sq ft stand-alone office building near East Beltline and 3 Mile. Excellent for law office. Located directly across from the new Spectrum Health Center on 3 Mile.

Contact Todd Almassian (616) 364-2100 or [email protected].

OFFICE SPACE FOR LEASE

2810 East Beltline Lane NE • Grand Rapids, MI 49525


It’s a jungle on West Michigan roads these days. Between

potholes, ice, and congestion, there are enough irritants to cause road rage in the less patient among us. So consider the following hypothetical. A catastrophically injured client walks into your office. He was hurt in a car accident when another driver overtaken by road rage purposefully ran the client’s car off the road. You agree to help, and start by contacting the liability adjuster for the enraged driver. The adjuster tells you that while she is sorry about your client’s injuries, there is no insurance coverage. Specifically, the adjuster says that intentional acts are excluded under the auto policy. You read the policy and, sure enough, there is a clear exclusion for intentionally-caused injury.

So what do you do? Well, those of us who handle serious personal injury cases are familiar with the intentional-acts doctrine. Whether in the context of homeowner’s policies, life insurance, or even no-fault PIP benefits, we are quick to be skeptical of any case involving an intentionally-caused event because of the challenges in establishing coverage.

When it comes to third-party auto liability claims, however, we need to abandon our skepticism and remember that the rules are completely different. Under

the Michigan No-Fault Act (MCL 500.3101 et seq.), an injured person is allowed to pursue a liability claim against another driver who intentionally causes harm, and an auto insurer must provide coverage in such situations. The explanation for this comes from the text of the statute itself.

The No-Fault Act creates a scheme where, in exchange for PIP benefits, the right to bring a traditional tort liability claim is limited to those scenarios in Section 3135(3). One such scenario where liability is retained is for “intentionally caused harm to persons or property.” But you might think: so what if there’s liability, the practical issue is whether there is coverage. This is precisely where the language of MCL 500.3131comes into play. That section states: “Residual liability insurance shall cover bodily injury and property damage which occurs within the United States. . . .In this state this insurance shall afford coverage for automobile liability retained by section 3135.” In other words, if the liability is retained by section 3135, then a Michigan auto insurer is required to cover the loss.

But what about the policy language? If the policy excludes intentional acts, can’t the insurer deny coverage on that basis alone? The answer is no. This comes from cases like Cruz v. State Farm, 466 Mich. 588 (2002), where the Michigan Supreme Court held that insurers cannot invoke policy provisions that clash with the No-Fault Act. Simply put, the Act trumps the policy.

Certainly, claims involving intentionally-caused injury have their own special challenges. Most significantly, one must remember that, unlike most cases, a PIP insurer has special lien rights against the tort liability claim. See MCL 500.3116(2). But these cases remind us that it’s best not to let our skepticism prevent us from dusting off the old statute book.

Don’t Overlook the Intentional Auto Tort! BY THOMAS G. SINAS

SINAS DRAMIS LAW FIRM (GRAND RAPIDS)


C R I M I N A L N O T E S

BY: TIMOTHY K. McMORROW · KENT COUNTY PROSECUTOR’S OFFICE

This will be my last column for the Grand Rapids Bar. By

the time you read this, I will have retired from the prosecutor’s office. I have accepted a contract position with the Michigan Supreme Court Commissioners Office, which will preclude me from opining on criminal law issues, many of which will make their way to the Supreme Court. That is one thing that I regret. I have enjoyed writing these columns, and have been particularly pleased to have attorneys who do not practice criminal law tell me that they have read this column and found it interesting.

I was hired in 1982 by then prosecutor David Sawyer, and since 1987 have worked for prosecutor Bill Forsyth. Both stressed professionalism in the office and an absolute commitment to ethical practice. For that I am most grateful. It has been a joy to work with this office and with my many fellow prosecutors over the years. One often hears of cases across the country where convicted defendants were proven innocent after many years, where sloppy prosecutor’s practice has led to wrongful convictions, and even where there were cases where prosecutors deliberately hid exculpatory evidence resulting in

the conviction of the innocent. I honestly think that has not happened in Kent County, for a simple reason: we have had strong ethical leadership from the top.

I have also enjoyed my interaction with criminal defense lawyers. It has always been striking to me how civil the criminal attorneys are to each other, something that isn’t always seen in civil law practice. Criminal defense sometimes involves representing people who have simply made dumb mistakes, and sometimes representing people who have committed horrendous crimes. Their role is vital, and often unappreciated. I am pleased that while we have been adversaries, we have never been enemies.

If I were to leave one bit of advice for those practicing criminal law, it would be to remember that you are in a profession, a calling, a vocation. This is not to belittle the need to make it economically viable, but criminal law – for that matter, all practice of law – is not just a “job.”

For a prosecutor, it is imperative to see that justice is done. That may mean giving your best effort to convict a dangerous person, or to reduce a charge to something more appropriate, or dismissing a case, or refusing to authorize a warrant when requested to do so. For the defense attorney, it is to give your best effort for your client, whatever your personal feelings about a case may be. It has been over 30 years since I did any criminal defense work, but I remember the best advice I ever received from an experienced attorney. I had been appointed to represent a clearly guilty defendant, in a case where there was no defense, and I was frustrated with what I could not do to represent the client. The advice was simple: concentrate on what you can do, not what you can’t do. Maybe the best you can do is attempt to get a favorable plea bargain, or to work hard at limiting the sentence to be imposed, but it is your duty to try your best.

Random Reflections on 33 Yearsas an Appellate Prosecutor

Tha n ks to a ll of you who ha ve made

membership in the Gra nd Rap ids Bar

Associa tion a nd the writin g of these

column s such a wonderfu l exp erien ce.


2015 ELECTIONSNomination Committee Announces 2015 Candidates

Electronic Voting will begin April 8, 2015

FOR A PERIOD OF TEN (10) BUSINESS DAYS AFTER THE PUBLICATION OF THIS NOTICE, UNTIL MARCH 27, 2015, THE BOARD SECRETARY, RANDALL L. VELZEN, WILL RECEIVE ADDITIONAL NOMINATIONS FOR OFFICERS AND TRUSTEES. NOMINATIONS MUST BE MADE IN WRITING, MUST BE ENDORSED BY AT LEAST FIFTY (50) ACTIVE MEMBERS, AND RECEIVED AT THE BAR ASSOCIATION OFFICE NO LATER THAN 12:00P.M. ON MARCH 27, 2015.

Stephanie L. Newton Trustee

James R. Sterken Trustee

Thomas G. Sinas Trustee

Anita L. Hitchcock Trustee

Wafa Adib-Lobo Trustee

Molly E. McManus Trustee

Jennifer L. Jordan Vice President

Elizabeth Joy Fossel Vice President

Pursuant to Article III of the Bylaws, you are notified that the Nominating Committee, appointed by Thomas Behm, President, and approved by the Board of Trustees, has made these nominations for the 2015 Elections. The Nominating Committee members were the Hon. Christopher P. Yates, A. Todd Almassian, Richard Hillary, II, Anita Hitchcock, and Kristin Vanden Berg

Richard A. Gaffin Secretary

Benjamin H. Hammond Secretary

David E. Bevins Treasurer

William M. Azkoul Treasurer


Bronze Sponsors

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.

Tickets are $75 for GRBA Members and their guests, $85 for non-members. Order tickets online at www.grbar.org or call 616-454-5550.

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

Make a date to attend a Benefit Dinner featuring the world famous comedy troupe...

comedy

Thursday, March 26, 2015Frederik Meijer Gardens & Sculpture Park

5:30pm Cocktails & Silent Auction • 7:00pm Dinner8:00pm Show • Cocktail Attire

satire improvisation

Get your tickets today!Gold Sponsors

Adamy Valuation AdvisorsKeller & Almassian

Monroe, Sweeris & Tromp, PLCNewton Plont, PLLC

Plunkett CooneyRhoades McKee, PC

Sinas, Dramis, Brake, Boughton & McIntyre, P.C.

Velzen, Johnsen & Wikander, P.C.Warner Norcross & Judd

Silver Sponsors

Clark Hill

Johnson Law, PLC

Smith Haughey Rice & Roegge


I’m a newbie. A rookie. A freshman, if you will. My P Number starts with a 7, followed by another 7 and then, well, you get the idea. Those of you who self-deprecate and who vastly underestimate your own abilities, like me, could use some self-esteem boosters from time to time. Let me impart my rookie wisdom, as through my own experiences, I’ve come to find the following pointers helpful:

1. CREATE YOUR OWN IDENTITY. Some may disagree, but there is no one-size-fits-all lawyering template. There is no right way to “be” in order to be successful in the practice of law. The Grand Rapids legal community provides an incredibly supportive, collegial atmosphere that encourages success. Surround yourself with those who lift you up and encourage you to play to your strengths. Find and hold on to the courage to be your own person, and in staying true to yourself, you will provide the legal community with an invaluable role model for future generations. You’ve brought your own experiences, your own personality, and your own values with you. Use all of those tools to shape the identity of the professional you want to be.

2. GET RESPECT ON YOUR TERMS. Bring all of your unique gifts to your practice and to your interactions with your colleagues. Let others get to know your personality and style. Don’t compromise your principles or your identity out of a desire to gain others’ approval, acceptance, or respect. In the end, you will get much further by staying true to who you are.

3. ASK QUESTIONS. Accept the fact that you are new to the practice of law. Don’t pretend to know the answer to a question for which you truly do not have an answer. My motto: When in doubt, feel it out! Self-help resources are a great place to start. Consult your court rules, rules of evidence,

and rules of professional conduct; consult your subject-specific ICLE guides; consult Michigan Compiled Laws, online case law resources, or even the dreaded Reporter (yes, hard copies are still published). If you’re still in doubt, ask a fellow practitioner. And don’t be afraid to look stupid. After all, there are no stupid questions.

4. LIVE & LEARN. Let me remind you that, again, you are new to the practice of law. You are not perfect. You do not know everything (and despite your best efforts, you never will). You will make mistakes. But don’t despair because we’ve all been there and yes, we’ll all be there again. Once you’ve made a mistake, just remember the following: 1) own it; 2) fix it, and if you can’t fix it, try to mitigate the damage; and finally, 3) learn from it.

5. STAY POSITIVE. Despite your best efforts, you will encounter difficult days, difficult clients, and difficult colleagues that will make you question whether becoming a lawyer was the right choice. Staying positive at the most trying times is much easier said than done, but remind yourself that you shouldn’t worry about what you can’t control, so don’t let others’ choices or behaviors bring you down. Sometimes people make it personal. Brush your shoulders off anyway. You’ve come too far to let anything or anyone keep you from achieving your goals!

BE COOL: Positive Reinforcement from a Fellow Rookie

SARAH WHITNEY

MEMBER NOTES

Visit our website for more news from your fellow Bar members • www.grbar.org

DANIEL J. BROXUP has become a member of Mika Meyers Beckett & Jones PLC.

LAURA GENOVICH has been elected as shareholder of Foster Swift Collins & Smith, PC. Genovich practices bankruptcy law, municipal law, and trial-level and appellate litigation in the firm’s Grand Rapids office.

LINSEY GLEASON has been elected to the Varnum partnership. Gleason joined Varnum as an associate in 2008 and is a member of the firm’s estate planning group.

MINDI JOHNSON, of Foster Swift Collins& Smith PC, has been selected to lead the employee benefits practice. Johnson focuses her practice in the areas of employee benefits law and health care law.

TIMOTHY P. MONSMA has been elected to the Varnum partnership. Monsma is a member of the firm’s trial law group, focusing on complex business disputes including commercial tort and contract litigation

NICOLAS M. MORANO has been elected as a Member of the Dickenson Wright Grand Rapids office. Morano focuses his practice in real estate law and corporate law.

MICHAEL J. TERBEEK is a Shareholder of the Wheeler Upham P.C. law firm. TerBeek focuses his practice in business law, commercial litigation, and estate planning.


That is what we are all about – trying to provide equal access to justice, a level playing field, an opportunity to be heard.

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Grand Rapids Bar Association 2015 Pictorial Membership Directory

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The 2015 GRBA Pictorial Directory includes photos and contact information for GRBA members and area judges. It also provides information on courts, law libraries, and other resources. Directories are available by pre-order only.

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grand rapids lawyer newsletter - march/april 2015

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