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Access sample policies from our clearinghouse and on our web resource pages focus on better practices in association governance. As an example:  Social Media  IRS 990

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Purchase The New Bar President and Members of the Board - A guide to good leadership and good governance written specifically for bar associations.

Consider our customized board training and development for retreats and orientations.

Engage us for strategic planning process design and facilitation.

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Assess and enrich your Lawyer Referral Service with a PAR visit or through the resources of the Standing Committee on Lawyer Referral and Information Services.

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Inspire young lawyers, the ABA Young Lawyers Division facilitates the exchange of information and best practices among young lawyer groups from around the country.

Optimize your use of technology

Visit the social media resource page on the DBS website.

Attend Bar School, a monthly series of hour-long webinars designed to train you and your staff to make the most of what’s on your desktop.

Call the Legal Technology Resource Center about a technology or website audit or to discuss the pros and cons of software and hardware.

Serve your members

Install the ABA Journal’s widget on your website.

Link to the resources available from the ABA’s Law Practice Management Section, Legal Technology Resource Center and Smart Soloing Center.

Provide a resource for ethics questions by directing members to the ABA’s ETHICSearch service. ETHICSearch is an excellent (and typically free) way for lawyers to find the right resources to understand and resolve ethics questions that come up in practice.

Reprint articles in your bar journal or newsletter from one of the hundreds of ABA publications. Email: [email protected]

Understand how your association’s benefits compare with those of other bars, purchase the State & Local Bar Dues, Fees and Member Benefits Survey or a Customized Dues Survey

Contact us: [email protected] or phone: 312.988.5343 Visit us at: www.ambar.org/barservices www.ambar.org/barservices

The Division for Bar Services Connects your bar to the American Bar Association and the more than 1,000 state, local, minority, women's, and special-focus bar associations and foundations in the United States. DBS staff are dedicated to helping bars further their mission and accomplish their goals.

Every Division service is versatile, progressive, and direct - tailored to help every type of bar meet the needs of every type of member:

Consulting & Information Services

The Field Service Program Establishing your connection to the ABA and more than 1,000 bars across the country

OUR commitment to your bar and its mission begins with the Field Service Program. Field Service Representatives visit on-site with bars of every size and in every location, establishing relationships with executive staff and officers and learning firsthand about their bar’s activities, challenges, and goals.

The Field Service Program is designed to use a minimal amount of your time to return you multiple and lasting benefits. Following the visit, we begin promoting your strengths by using your successful programs as a model for other bars to follow and addressing your needs by connecting you to solutions and resources needed to build a stronger association.

For more on Field Service, visit http://www.americanbar.org/groups/bar_services/services/field_service_program.html To schedule a visit, contact Karyn Linn at (312) 988-5350 or [email protected].

The Consulting Services Program Helping your bar create and pursue its vision

EACH of our Consulting Services is specially designed to help you examine and advance your bar. Whether you want to define your focus or increase productivity, there’s a Consulting Service to meet your every need:

. Strategic Planning helps your bar set a course for the future . Board Development helps the board work together as an effective leadership team . Mission Statement Development helps clarify your bar’s purpose . Bar Association Operational Surveys help your bar assess and make change . Membership Surveys help your bar hear from members about their needs.

Consulting Services are personalized and affordably priced. To schedule a consulting visit to your bar, contact Jennifer Lewin at (312) 988-5361 or [email protected]. For more, visit http://www.americanbar.org/groups/bar_services/services.html

The Information Clearinghouse Comprehensive information on every issue that affects your bar

THE Information Clearinghouse is the bar community’s definitive source for information on association issues, a 16,000-piece collection of resources by and for bar leaders unavailable anywhere else.

Look to the Clearinghouse for insight and advice on any topic affecting your bar. Reports, samples, journal articles and, surveys can help you resolve issues both complex and obscure. Division staff assists further by quickly referring specialized inquiries to the appropriate ABA entity, officer, or staff member.

The DBS Website: ambar.org/barservices Connecting your bar to every Division resource - instantly

THE DBS website brings DBS services closer to you than ever. Use it to register for meetings, research questions, request materials, and review publications. Visit today to accelerate your connection to our core services and access information and features available exclusively online:

. The Bridge (http://www.americanbar.org/content/newsletter/publications/bridge_home.html) - Monthly updates featuring breaking news on relevant ABA activities and services, innovative bar-sponsored programs, and important upcoming events. . Behind Bars (http://www2.americanbar.org/barservices/behindbars/Pages/default.aspx) – A blog written by DBS staff dedicated to topics, happenings, and trends in the bar association world

For more on the Clearinghouse and website, contact Molly Flood at (312) 988-5362 or [email protected].

Publications

DBS publications cover a wide variety of topics to assist bar leaders in creating and implementing programs, activities, and services that meet their members’ needs. Following are brief descriptions of a few of our best-selling titles:

On Leadership BAR LEADER MAGAZINE This is the essential periodical for bar executives and officers. Bar Leader, published quarterly, covers the issues, trends, and activities that affect volunteer and staff leaders of state, local, and special-focus bar associations.

NEW BAR PRESIDENT AND MEMBERS OF THE BOARD This publication is a succinct yet comprehensive guide to bar leadership. It covers topics of both internal importance--such as governance and sound financial management--to the bar's relations with its members, the public and the news media. It is the only handbook of its kind geared specifically to bar associations and bar leaders.

BOARD LINK A quarterly e-newsletter focused on good governance practices geared toward board members and officers of bar associations. The focus is on best practices and building the capacity of bar associations to serve their members and the public interest. http://www.americanbar.org/content/newsletter/publications/boardlink_home.htm

On Administration & Management

2009 BAR ACTIVITIES INVENTORY More than 50,000 indexed facts on the organization and programs of state and local bars. Quick answers to questions on bars’ leadership and governance structure, membership benefits, CLE and public relations programs, and much more.

BAR FINANCIAL MANAGEMENT: A BASIC GUIDE Practical, simple advice on every management topic from accounting procedures to zero-based budgeting, written specifically for bar directors, board members, and staff.

2011 STATE AND LOCAL BAR MEMBERSHIP ADMINISTRATION AND FINANCE SURVEY A report on the membership dues, administration and finances of 181 responding state and local bars. Includes data on total cost to practice in each state, dues increases, membership retention and other membership-related information. Also includes data on bar association personnel, best practices and policies, finances and meetings and events.

For More: Visit the DBS Bookstore at http://www.americanbar.org/groups/bar_services/publications.html for a complete list of our publications with descriptions and excerpts. Order online or by phone at (800) 285-2221. For questions, contact Joanne O’Reilly at (312) 988-5348 or [email protected].

Administrative Services

The Job Announcement Service Your direct connection to the right candidate

THE Job Announcement Service is the most effective way to advertise an opening at your bar. Each announcement is professionally edited to ensure your message is attractive and clear, then mass-mailed, posted online, and seen by more than a thousand bar association employees nationwide.

To send a job announcement, contact Michael Ward at (312) 988-5356 or [email protected].

Association Management Services Providing management and staff support to four membership groups that focus on the needs of specific bar types, staff, and officers

THE NATIONAL CONFERENCE OF BAR PRESIDENTS – WWW.NCBP.ORG The organization for present, future, and past bar presidents. THE NATIONAL ASSOCIATION OF BAR EXECUTIVES – WWW.NABENET.ORG The organization for professional staff of bar associations and law-related organizations. THE NATIONAL CONFERENCE OF BAR FOUNDATIONS – WWW.NCBF.ORG The organization for professional staff, officers, and board members of bar foundations. THE METROPOLITAN BAR CAUCUS Supplementing the educational programming offered by NCBP with a focus on metro bar matters.

For questions on our Association Management Services or to join a membership group, contact Pamela Robinson at (312) 988-5345 or [email protected].

Leadership Training

The Bar Leadership Institute March 13-15, 2013 March your bar closer to its mission

THE Bar Leadership Institute is an indispensable training program for the prospective and veteran bar leader. The program features plenary sessions, group discussions, and workshops on every aspect of bar management and provides an open atmosphere for expressing ideas, gathering opinions, and networking with fellow bar leaders. Over 300 association executives, presidents-elect, and other prospective elected leaders attend the event in Chicago each March. Financial scholarships are available.

Plan to attend to find out for yourself why the BLI has been called “the best thing the ABA does.”

For more on the BLI, contact Karyn Linn at (312) 988-5350 or [email protected].

Bar School Continue to develop your leadership skills and proficiency

The ABA Division for Bar Services presents a series of continuing education webinars for bar staff and leaders on a variety of topics such as social media how-to’s and policies, leadership and governance, communications and technology. Bar School’s webinars are 60 minutes including Q & A. Recent topics have included “Is there an App for That”, “Becoming a PowerPoint Master”, and “Social Media for Bar Associations.”

To register for Bar School, visit http://www.americanbar.org/groups/bar_services/events/barschool.html. Contact Joanne O’Reilly at 312.988.5348 or [email protected] with any questions.

AMERICAN B AR ASSOCIATION ♦ DIVISION FOR BAR SERVICES 321 N. Clark St., Fl. 16 ♦ Chicago, IL 60654 Call: (312) 988-5356 ♦ Fax: (312) 988-5492 E-mail: [email protected]

Visit: ambar.org/barservices Facebook: facebook.com/ABABarServices Twitter: #ABABARSERVICES

Spring 2010

LINKS TO HELP YOU Law-Related Education: Fulfilling Our State Bar of Michigan Law Related Education and Public Outreach Commitment to Community Committee Candace Crowley http://www.michbar.org/generalinfo/ publicoutreach.cfm Bar associations everywhere support public legal education. The State Bar of Michigan Center for Civic Education Michigan Strategic Plan includes a goal to support “effective educational efforts http://www.oakland.k12.mi.us/resources/ that increase public knowledge of the legal system and the rule of law, and of the miciviced/ role of lawyers, judges, and citizens within our system of government.” This goal is shared by virtually all of the affinity bar associations in Michigan. Through the State Bar of Michigan Legal Milestone Program work of our Law-related Education and Public Outreach Committee, we provide bar associations and lawyers with tools to fulfill their commitment to help citizens http://www.michbar.org/programs/ milestones.cfm understand our system of government, the role of the justice system, and the rights and responsibilities of citizens within that system. We also celebrate the work of Michigan Lawyers Auxiliary bars throughout the state that have active community programs that support these http://www.michbar.org/localbars/mla/ goals. home.html This issue of Connections is devoted to law-related education (LRE): the activities Michigan State Bar Foundation of Michigan lawyers to equip non-lawyers with knowledge and skills pertaining to http://www.msbf.org/ the law, the legal process, and the legal system; and the fundamental principles and values on which these are based. The articles and Internet links in this newsletter Michigan Supreme Court Learning will hopefully inspire bars to increase their law-related education activities, and Center demonstrate that there are a lot of resources available to use for this purpose. http://www.courts.michigan.gov/plc/ ABA Division for Public Education Michigan LRE Summit Leads to Plan http://www.abanet.org/publiced/home. html More than 50 participants gathered in East Lansing in March of 2009 to learn more about law-related education, to hear from national and state experts in the field, Connections is an electronic newsletter and to develop a plan to expand and deepen LRE in Michigan. Gathered by 2008- published three times a year by the State 2009 State Bar President Ed Pappas, the group heard from Michigan Supreme Court Bar of Michigan and distributed without Justice Marilyn J. Kelly. “The Michigan constitution begins with the premise that charge to recognized Michigan local and special purpose bar associations and the education is necessary to good government. Educated citizens are, not surprisingly, State Bar Board of Commissioners. better citizens,” Kelly told the group.

Announcements, articles, and pictures for At the end of the day’s hard work, a plan was formulated to move LRE in Connections are highly encouraged. Please Michigan forward, and the State Bar’s Law-related Education and Public Outreach send suggestions to Candace Crowley at Committee, through its Chair Jeff Paulsen, was charged with implementing that [email protected]. The State Bar of Michigan reserves the right to edit for plan. Its features include (1) develop and support an online LRE clearinghouse clarity and suggests that submissions be for use by local and specialty bars, individual lawyers, and educators to access kept at 500 words or fewer. quality materials and tools for LRE; (2) build needed lawyer-educator relationships, generate partnerships and collaborations; (3) communicate the value of LRE in a Submission Deadlines: manner that reaches educators and legal professionals. For a full copy of the plan, June 15, 2010 October 15, 2010 see Expand and Deepen Law-related Education in Michigan: A Plan for the State February 15, 2011 Bar’s Role. Legal Leader Connections Spring 2010

Law Day Calendar of Events In 1958, President Dwight D. Eisenhower designated May 1 as Law Day. This day is an opportunity to strengthen our great American heritage of liberty, justice, Master Calendar of and equality under the law. The State Bar of Michigan joins various local bars, Bar Activities businesses, schools, and other organizations in conducting programs associated http://www.michbar.org/resourc- with improving the public’s understanding of our justice system. Materials on Law es/calendar.pdf Day can be found on the State Bar website. Michigan Legal The American Bar Association has an extensive Law Day program and leads with Milestones: Elk, Oil, & the the development of a national theme each year. This year’s theme is “Law in Environment the 21st Century: Enduring Traditions, Emerging Challenges.” If a bar chooses to Gaylord follow the ABA theme, it has access to the extensive ABA resources to support June 9, 2010 that program.

Bar Leadership Forum Liberty Bell Awards Promote Better Understanding of the Rule of Law Mackinac Island June 11–12 The Liberty Bell Award originated with the Michigan Young Lawyers Section. In the 1960s, they established an award to acknowledge outstanding community service. The criteria they established then are often still used by the more than Upper Michigan 200 Law Day programs that make the award. The award recognizes those who Legal Institute have promoted better understanding of the rule of law, encouraged a greater Mackinac Island respect for law and the courts, stimulated a sense of civic responsibility, and June 11–12 contributed to good government in the community.

State Bar Annual Meeting The awards are made by individual Law Day programs, and each group September 29–October 1 presenting the award is free to establish its own criteria. Many groups present Grand Rapids the award to a layperson, but often the award goes to a lawyer or a judge. On occasion, the award is given to an organization, rather than a person. Sometimes Board of Commissioners the award is presented to two or more recipients, and some groups give out more Meetings than one award a year. June 11 Mackinac Island July 23 Practical LRE Resources for Michigan Lawyers September 29 (Grand Rapids) You and the Law is a State Bar booklet to help young people be aware of their rights and responsibilities under the law and to be a responsible citizen Michigan Council for the of Michigan. It tells young people about areas of the law that are of special Social Studies concern to them. It’s something a lawyer can use to prepare remarks to classroom 55th Annual Conference students, to download for his/her use, or to purchase at $1.50 per copy for Kalamazoo distribution. November 8-9, 2010 Teenagers and the Law: Your Guide to the Most Pertinent Laws and Issues Facing Teens in Michigan is a publication from the Barristers Section of the Detroit Metropolitan Bar Association. It’s downloadable and very modern and practical. ABA Annual Meeting San Francisco, CA Courtroom Visits for Students are popular, and this State Bar of Michigan August 5–10, 2010 publication shows you how to make one happen. The American Bar Association has many resources for lawyers interested in law- related education. Community Education includes tips on doing specific kinds of programs like Ask a Lawyer, Court Outreach, Honoring Jurors, Informing Teens about the Transition to Adulthood, Legal Information for Teenage Parents, Producing Call-in Shows, and Producing a People’s Law School. The page includes much more, including information in Spanish.

The ABA also has grade-by-grade lessons for K-3 (contracts, dispute resolution, responsibility and community service, and more), grades 4-6 (Yertle the Turtle mock trial, equal protection lesson and activity guide, juries, public policy, separation of power, and more) grades 7-9 (drug testing in schools, judicial independence, juvenile justice, right to counsel, voting, and more) and high school (teaching about due process, expansion of voting right, Equal Protection/ defining equal education opportunities for women, and more).

2 Legal Leader Connections Spring 2010

Oakland County Bar Association Public Out and About—Law Day Service Committee member Paula Zimmer of Lakeshore Legal Aid gives free legal The Ingham County Bar Association advice to a Seniors’ Law Day participant. and Legal Services of South Central Michigan Photo courtesy of Oakland County Bar announce a joint program entitled “Ask A Lawyer,” which will take place on Monday, Association May 10, 2010 from 3:30 to 7:30 p.m. at Gone Wired Cafe’, 2021 E. Michigan Avenue in Lansing.

Berrien County Bar Association— April 29, 2010. Luncheon program at the Shadowland Ballroom. Celebrating our American system of law with speaker Hon. The ABA Dialogue Program provides lawyers, judges, and teachers with the Dennis Archer and presentations by the resources they need to engage students and community members in discussion of Liberty Bell Winner/High School Essay fundamental American legal principles and civic traditions. The Dialogue resource Contest Winners. $12.00 at the door. RSVP offers step-by-step direction to enable you to lead a discussion on these themes: to Mike Sepic at (269) 983-7111, ext. 8314 or by e-mail at [email protected] by Lincoln—A Legacy of Liberty, The Rule of Law, Youth and Justice, The American April 23. Jury, Brown v Board of Education, Freedom, and Law in the 21st Century. Grand Traverse-Leelanau-Antrim Bar Constitution Day Planning Starts Now Association and the Women’s Resource Center of Grand Traverse—April 30, 2010. In 2004, Congress created a law requiring schools receiving federal funding to Law Day Luncheon with speaker Hon. Alton T. Davis. Luncheon held at the Elks Club in designate September 17 each school year as Constitution Day and Citizenship Traverse City including presentation of the Day (“Constitution Day.”) As part of Constitution Day, educational authorities Liberty Bell Award, and announcement of the must make plans to observe the Constitution and instruct students about their winners of the student essay contest, the responsibilities and opportunities as citizens. This provides a great opportunity for Mayor’s Law Day Proclamation, and the Law lawyers to participate with local students to meet the federal requirement. Day speech. RSVP to Mike Richey at (231) 947-4900 or e-mail [email protected] by April 27. Planning for Constitution Day should start in May so that school connections can be made and volunteers have the summer to prepare their programs. The Jackson County Bar Association in State Bar LRE and Public Outreach Committee has a number of Constitution Day partnership with Comerica Bank and NALS of resources available, including a Planning Timeline. Jackson County—May 5, 2010. Celebration inviting all Jackson-area attorneys and their This year’s theme has been identified by the LRE Committee as the jury process. support staff to observe Law Day May 5, 2010 at the Country Club of Jackson at Educating for Everyday Democracy: The Jury Process is a Michigan-specific 7:30 a.m. for buffet breakfast and 8:00 resource especially suited for high school students. For more information on a.m. program with speaker Hon. William C. Constitution Day, see Constitution Day: Developing Habits of Citizenship by LRE Whitbeck of the Michigan Court of Appeals. Committee member Sherri L. Belknap. Also announcing the winner of the Liberty Bell Award.

Bar Leadership Forum Includes Breakout Session Macomb County Bar Foundation—May on Law-related Education 7; Law Day Ceremony at 2:00 p.m. at the Macomb County Administration Building to This year’s Bar Leadership Forum will be held at the Grand Hotel, Mackinac announce the winners of the Law Day Essay Island, on June 11 and 12. In accordance with the “Expand and Deepen Law- & Poster contest for grades 1-8. First place related Education in Michigan” plan, the Forum will include an LRE workshop. winner receives a $100 U.S. savings bond. Saturday morning’s first session will include this information:“Civic education Second and third place winners receive a $50 U.S. savings bond. Teachers who programs are easy, low-cost ways to interest individual members, provide service submitted the most polished essays and to the community, and draw positive press attention for your organization. This posters receive the Golden Apple Award. session will show you how to enlist help from your members and what resources are available.” State Bar of Michigan and Michigan Lawyers Auxiliary—May 3, 2010. Law Moderated by Immediate Past President Ed Pappas, the panel will include Judge Day Awards Luncheon at the Michigan Hall of Justice with 11:00 a.m. tour and lunch Cynthia Stephens. Judge Stephens will include information on the importance of at 12:00 noon with speakers Chief Justice LRE in creating pipeline programs to increase the diversity of the legal profession. Marilyn Kelly, SBM President Charles Toy, and For more information on the BLF, contact Kari Thrush, [email protected] SBM Executive Director Janet Welch. U.S. District Court and the Federal Bar Association—Eastern District of Michigan Chapter—May 3, 2010. Courthouse tour; dedication of Presidents Wall; and “Ask the Lawyer” pro bono program with free hot dogs, chips, and cookies from 11:00 a.m.-2:00

3 p.m. at the U.S. District Court in the Theodore Levin U.S. District Courthouse in Detroit.

Genesee County Bar Association— Luncheon and Awards Ceremony, Masonic Temple, Flint. Large gathering where Liberty Bell Award will be presented to League of Woman Voters, Golden Apple Award to Jeff Nagy, Crime Victim Advocate of the Year Award to Dr. Edwin H. Gullekson.

Grand Rapids Bar Association Law Day 2010: Law in the 21st Century— Featured Speaker David Moran, director of the University of Michigan Law School’s Innocence Clinic. The Bar Association will also present annual awards, including the Liberty Bell Award, the Worsfold Award, and Robyn McCoy and Steve Hiller address classroom students through the work of the the President’s Award. April 30, 2010, 11:30 Washtenaw County Bar Association Public Service Committee. Photo courtesy of a.m., University Club, 111 Lyon Street NW, Washtenaw County Bar Association 10th Floor. Kalamazoo County Bar Association— Law Day Luncheon, Friday, April 30, Kalamazoo Cityscape.

Muskegon County Bar Association— Law Day Luncheon, Friday, May 7, 2010, Muskegon Holiday Inn. Law Day Award Ceremony to honor area students, teachers, and Muskegon’s own heroes.

Saginaw County Bar Association—Law Day Awards Banquet Thursday, April 29, 2010. Mock trials held April 29, Saginaw County Courthouse. Law Day winners, Golden Apple Award, Liberty Bell Award, scholarships, billboard contest, poster contest, coloring contest.

Washtenaw County Bar Association— We The People program in action. Photo courtesy of Michigan Center for Civic Education Law Day celebrated Monday, May 3 with Free Legal Advice Day, from 10:00–4:00 at Ann Arbor Community Center and Ypsilanti Library.

36th District Court—May 4–6, 2010. Offering space for attorneys to volunteer their time answering legal questions in civil, real estate, and traffic matters. Space available May 4, 5, and 6 from 9:00 a.m.–12:00 noon and from 1:00–4:00 p.m.

Alpha Kappa Alpha Sorority, Inc. in partnership with the City of Southfield Human Services Department—May 1, 2010. Presenting “Ask the Lawyer” program providing one-on-one consultation with an attorney free of charge. Pi Tau Omega’s volunteer attorneys provide free legal advice on legal topics ranging from bankruptcy and domestic relations to tax and Benton Harbor and St. Joseph high school students participate in Berrien County workers’ compensation. courthouse visit on Constitution Day.

An electronic copy of this newsletter can be found at http://www.michbar.org/resources/pdfs/connections_S10.pdf Ten Positive Things from Our New Emphasis on Building Affinity Bar Relationships

1. Increased, two-way communications through leadership and staff visits, Connections newsletter, correspondence and websites

2. Relationship building between affinity bars for best practices, membership development, strategic partnerships

3. Better coordination of key statewide activities among different institutions (eg: State Bar’s Character and Fitness/Board of Law Examiners/Local Bars’ admission ceremonies, membership recruitment process

4. Outreach program produced over 80 bar association visits last year to provide greetings and good will, offer services, learn about programs to replicate elsewhere in the state, encourage strategic partnerships, encourage bars to use our program staff as speakers, offer PMRC seminars, LJAP presentations, support fundraising and award events

5. Easy communications among twenty bars with executive directors and staff (shout out to MABE)

6. Broader participation in public outreach programs and communication to public about community service work of lawyers

7. Development of policy voice of affinity bars

8. Ease of communications for affinity bars because of free mailing labels and email lists

9. Communications support for affinity bars through newsletter design and printing, assistance with press releases for bar events, advertising of affinity bar events in e- journal and other avenues.

10. Progress toward goal of letting SBM members know what programs and services are available to them and how mandatory and voluntary bars interact for improvement of justice, protection of public, value for members

State Bar of Michigan June 2012

M e m o r a n d u m

To : Interested Bar Leaders

F r o m : Candace Crowley

Date: May 2011

Re: A Lawyer is Missing, Incapacitated, Disabled, Disbarred, Deceased or Suspended: What Role Does a Bar Association Play?

In October of 2010, members of the Michigan Association of Bar Executives (MABE) gathered to hear a presentation by Michigan Attorney Grievance Commission’s Rhonda Pozehl and Marissa LaRocque about what to do when attorneys are missing, incapacitated, disabled, disbarred, deceased or suspended (MIDDDS). Motivated by a growing number of instances where lawyers are unaccountable and clients are left in peril and contacting the local bar association for help, MABE invited the Attorney Grievance Commission (AGC) to provide information on the AGC role in resolving this dilemma. What follows is a summary of some of the AGC information, and a guide for bar associations and individual attorneys about what to do and what resources are available to use in the case of a MIDDDDS attorney.

The Attorney Grievance Commission is the investigative and prosecutorial arm of the Michigan Supreme Court. One focus of its work is receiverships which may be necessary when a lawyer has not made proper arrangements to end a law practice and is MIDDDS. Receiverships are used primarily when solo practitioners do not have

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partners or a firm structure to absorb the responsibilities of client representation and proper closure of a practice. Receivership practice is governed by MCR 9.1191.

Emphasize Advance Planning

The importance of planning cannot be emphasized enough. Although Michigan does not, some states have rules requiring that solo practitioners identify a surrogate attorney to handle their practice under these circumstances. The surrogate rules set forth detailed items to be addressed to ensure proper safeguard of client files and closing of a practice. Despite the lack of a Michigan surrogate rule, here are some key planning items that will assist an inventory attorney in wrapping up the practice of a MIDDDS attorney:

• Create an Inventory Form for staff or spouse to use, listing bank accounts, master list of clients, storage facilities used, safe deposit boxes and other relevant items. • Adopt a document retention plan and regularly purge your records. • Advise clients of what will happen in the event you are unable to complete representation. • Select a successor in advance. • Create a written succession plan. • Create a will that distinguishes the duties of the successor attorney and the personal representative.

For a more detailed account of effective advance planning, see “Planning for an Orderly Transition,” Dawn Evans, Michigan Bar Journal, September 2009

Be Proactive When an Attorney is MIDDDS

The local bar association is most often the first to learn of the death of an attorney. It should immediately notify the State Bar about the situation, and mobilize its volunteer inventory attorney panel to action. The State Bar will notify the AGC of the death of the member.

1 (G) Inventory. If the attorney whose license is revoked or suspended, or who is transferred to inactive status pursuant to MCR 9.121 was a member of a firm, the firm may continue to represent each client with the client’s express written consent. If an attorney is transferred to inactive status or is disbarred or suspended and fails to give notice under the rule, or disappears or dies, and there is no partner, executor or other responsible person capable of conducting the attorney’s affairs, the administrator may ask the chief judge in the judicial circuit in which the attorney maintained his or her practice to appoint a person to inventory the attorney’s files and to take any action necessary to protect the interests of the attorney and the attorney’s clients. The person appointed may not disclose any information contained in any inventoried file without the client’s written consent. The person appointed is analogous to a receiver operating under the direction of the circuit court.

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Lawyers have a duty to report to the AGC if they believe a lawyer’s ability to serve the client or the profession is impaired, or when an attorney may be incapacitated or incompetent. The reporting attorney remains anonymous. Significant resources can be used to assist the attorney in many of these circumstances and the State Bar Lawyers and Judges Assistance Program can be of aid.

Local bars should also monitor Attorney Discipline Board notices of suspension or disbarment. It is important to make sure that client interests are protected in these situations, and the inventory or receivership actions may need to be called in to play.

Identify Those Willing to Act as Inventory Attorneys and File Receivership Action if Necessary

The court rules require that at a minimum, someone take custody of the client files and notify the clients as to the whereabouts of the files and how to reach the person who has those files. The best practice is for a bar association to identify in advance those lawyers who are ready, willing and able to step in. This can involve sending letters to clients, transferring files, posting a notice on the door of the law office and/or on the local bar association website, handling cases if so willing and the client authorizes the representation, and otherwise wrapping up the practice. This can be a good opportunity for a new lawyers who want to get their name out in the community, or older lawyers who want to assist the profession in these challenging circumstances.

Whether the young or old lawyer is paid for these services, some attention should be given to malpractice coverage for the work. It is possible that the MIDDDS lawyer’s malpractice tail coverage will apply, or the inventory attorney’s malpractice policy will provide coverage. A Handbook for Inventory Attorney over the Law Practice of Another is available through Rhonda Pozehl at the Attorney Grievance Commission, [email protected] A checklist of duties of an inventory attorney is available from Ms. Pozehl as well.

In either event, the lawyer or bar association should consider whether it is necessary to obtain a court order appointing them as a receiver. As a last resort, the AGC may file for the appointment of a receiver under the rules.

Notify the State Bar and the Attorney Grievance Commission

The State Bar should be notified upon the death of a lawyer. In other situations, the AGC should be notified that a local attorney is missing, incapacitated or disabled. Many clients and members of the public contact the AGC about how their case will be handled, who has custody of an original will, or how they should proceed when their MIDDDS attorney is involved. Notifying the AGC about the existence of an

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inventory attorney or the filing of a receivership action will allow the AGC to promptly assist members of the public who have these questions.

Remove MIDDDS Attorneys from LRIS Panels; Revoke Membership if Necessary

Suspended and disbarred lawyers should be removed from Lawyer Referral Service panels. If disbarred, the lawyer should be removed from bar association membership.

Access Resources Already Available through the State Bar of Michigan

Advance planning materials, practice management resources, and comprehensive inventory attorney and receivership materials are available on the State Bar website. An excellent place to start is the article “Sudden Death or Disability: Is Your Practice – and Your Family – Ready for the Worst” by Catherine M. O’Connell. Please review to assist in handling instances of MIDDDS lawyers.

4

Through the Obstacle Course: Successful Navigation of Bar Services & Relations

Establishing and maintaining good relationships with other bar associations is the responsibility of every bar executive. Some of us have specific bar liaison duties as part of our work. Regardless of your specific role in bar relations work, NABE’s State & Local / Specialty Bar Liaisons Forum has convened a panel of experienced bar liaisons to discuss the practices and pitfalls of bar relations work, including publicity and outreach, program planning, sponsoring and partnerships between bar groups.

Date / Time Thursday, August 2, 2012, 1:45 p.m. CST—shortly after the conclusion of NABE’s Annual Meeting Business Luncheon and Awards Ceremony.

Suggested length Between 60 and 90 minutes.

Format This program will serve as an orientation / reorientation session for staff who provide outreach to and programming opportunities with local, minority and specialty bar groups. A panel of speakers, led by a facilitator to keep the program on target, will address specific topics.

Panelists Heather Clark, Director of Communications and Marketing Colorado and Denver Bar Association Denver, CO

Candace Crowley, Director of External Development State Bar of Michigan Lansing, MI

Karyn Linn, Staff Director, Field Service Program, Division for Bar Services American Bar Association Chicago, IL

Kalpana Yalamanchili, Director of Bar Services Ohio State Bar Association Columbus, OH

The obstacle course: practices and pitfalls of liaison work Summary: As bar association professionals, we develop and maintain productive relationships with our members and colleagues. The same holds true for staff who serve as liaisons to other bar groups. These connections can take different forms and paths, but are essential to achieving a level of comfort and flow of information between what are essentially two competing businesses – all the while working to advance the cause of the legal profession and the benefits of membership within their organizations.

I. Importance of establishing / maintaining connections with other bar associations A. Objectives / goals 1. Fostering awareness of bar association efforts 2. Avoiding conflict / overlap of programs 3. Sharing responses to basic issues impacting bar associations 4. Helping each other succeed B. Methods of liaison 1. Outbound communication on specific events / issues 2. In‐person meetings (program planning or actual events) 3. Facilitating communications between bars C. Approaches 1. Based on size of bar association 2. Based on activity of bar association 3. Based on culture of particular group II. Practices A. Frequency of outreach and relationship building B. Levels of information sharing C. Positive results achieved (collaboration, mutual furthering of goals) III. Pitfalls A. Cost / effort of maintaining individual association goals / objectives against other groups B. Conflicts within your own bar for sharing timely or sensitive information IV. The role of the Executive Director, where applicable, in liaison work

Self‐Assessment Questions: What is your approach to creating a strong relationship with other bars? What are expected goals / outcomes for you? For your association? Given that many smaller bars do not have paid staff, how do you maintain ongoing relationships with bar leaders who move through the pipeline? How much of your professional time is spent as a bar liaison? How many bar associations do you work with as a liaison?

Attenchun! How to get bar groups to listen to your message and respond Tactical communications and PR strategies: Outreach vs. overkill Summary: Liaisons walk a fine line with outreach efforts to their constituent bar associations: Too little and the message is ignored or lost to the in‐box. Too much and its impact will be diluted and may set a precedent for bars to automatically delete any further communications. With an overabundance of ways to keep in touch, how can a liaison best tailor a communication plan to meet the needs of all its bars?

I. Substance and delivery methods A. Substance 1. Programs / events 2. Issues affecting the profession (e.g., state and federal legislation) 3. Links to NABE / ABA / other resources B. Delivery A. Use of message boards / list serves B. Chat rooms C. Periodicals (newsletter) D. Related website E. Social Media II. Reactions / responses / input A. What is acceptable rate of participation, if any? B. Follow through to responses III. Frequency of messaging – scheduling of outbound communications IV. Ways to individualize content to specific bar groups V. Sample models / templates for effective communications

Self‐Assessment Questions: Provide your rating of the importance of effective periodic communication with other bar groups. Why is it critical or not? What has been the most successful method of outreach? Least successful? How focused are bar associations on the bigger issues affecting the profession? How can bar liaisons help address these issues? Do you ever have targeted communications with certain bar groups or leaders (e.g., executive directors only)?

Allied Front: Ways to facilitate joint programming and partnerships with other bar associations Fiscal drills: Securing underwriting support of events Summary: One of the greatest benefits a liaison can derive from his or her work is the satisfaction of successfully organizing programs that bring members of different bar associations together – be it social, for CLE credit or to address issues that affect the profession. One of the greatest challenges is how to budget and secure funding for such programming – especially over the long term.

I. Logistics / timelines II. Funding issues A. Types of programs / events for which you seek funding B. Approaches to secure funding. Time spent in effort C. Budgeting issues / logistics for sharing workload and event arrangements D. Results achieved / credit or promotional consideration logistics III. Workload and revenue‐sharing, if applicable IV. Master calendar of events shared by bar associations. Policies and procedures.

Self‐Assessment Questions: Does your association co‐sponsor CLE programs with other bar associations? If not, what is your policy? Does joint programming increase membership within the participating associations? What are some of the challenges to joint programming? What is your standard timeline for securing corporate sponsorships (e.g., from how many months before the actual event)? What is the dollar range of support solicited? How many programs each year are funded from outside sources? What programs work / don’t work with sponsorship funding? What is the baseline for sponsors to support your efforts? Do you alter program content to attract specific sponsors? How do you organize and run a search for new funding prospects? Genesee County Bar Association Bar Beat March/April 2012

The State Bar Benefits Greatly from the Contributions of Genesee County Lawyers!

By Candace A. Crowley, External Development Director State Bar of Michigan

Members of the Genesee County Bar Association are actively engaged in moving the work of the State Bar forward. You are probably aware that your elected commissioner is Donald Rockwell, and your Representative Assembly members are Richard Morley Barron, Shayla Blankenship and Amy Kline.

There are many other ways that Genesee county lawyers contribute to the work of the State Bar. Committees are the main vehicles for implementing the Bar’s Strategic Plan. Nine Genesee County lawyers are currently serving State Bar committee appointments. An additional eight are on the District Character and fitness Committee. Francine Cullari is chair of the State Bar Publications and Website Advisory Committee and is a member of the Awards Committee. Jose` Brown is on the Judicial Qualifications Committee. Torchio Feaster is a member of the Criminal Jury Instructions Committee. Barbara Menear and Donald Rockwell serve the Character and Fitness Committee and Richard Morley Barron, Dolores Coulter, Gregory Gibbs, Paul Goyette, Ronald Haldy, Joan Pierson, Robert Segar, Lynne Taft and Angela Watkins complete the District Character and Fitness Committee.

State Bar members can voluntarily join a section to pursue excellence in a chosen area of law. Six hundred and one lawyers in Genesee County have voluntarily joined sections, and sixteen Genesee County lawyers have been elected to section councils! Members of the Genesee Bar in State Bar section leadership positions include Dolores Coulter, council member and past chair of the Elder Law & Advocacy Section. David Leyton is on the Criminal Law Section council. Charles McKone is a leader of the Public Corporation Law Section and Richard Morley Barron is a longstanding leader in the Alternative Dispute Resolution Section. Rex Anderson, Richard Angelo, Lynnmarie Johnson, Thomas Waun, James Bauer and Alexandra Nassar are section leaders as well. How did these excellent Genesee County lawyers get involved in State Bar work? (1) They put their name on election petitions for commissioner, Representative Assembly and Young Lawyers Section Council published in the March Bar Journal. (2) They submitted an electronic application for a committee appointment that is noticed in the March Bar Journal and arrives in your email box in early April. (3) They asked their commissioner to recommend them to the District Character and Fitness Committee for appointment. (4) They joined a section, supported section work and ran for section council at the section annual meetings that occur from June through September.

Of Michigan’s 33,492 active attorneys, 760 are in Genesee County. Of those, 634 Genesee County lawyers have sought and obtained involvement with State Bar work.

Thank you to the many of you who have served the State Bar. To those who have not yet done so, please join us soon. Genesee County Bar Association Bar Beat May/June 2012

What We Give, What We Get

By Francine Cullari

France Cullari

In the last issue of Bar Beat, Candace Crowley from the State Bar thanked GCBA members who are active at the state level. To further encourage GCBA members to become involved with SBM, a few of us would like to relate the benefits to us of our involvement.

Jim Bauer, Probate Court Administrator, has served on the Elder Law and Disability Section council. He enjoyed the camaraderie and the knowledge he gained from conferences. Ha also received many updates on Medicaid planning and other topics “hot off the press.”

Paul Goyette serves on the local Character and Fitness Committee under the guidance of Chairperson Richard Barron. The Committee interviews candidates seeking admission to the State Bar of Michigan who have been identified as having possible character issues that need to be addressed before they can be admitted to practice law. After interviewing the candidates, our committee meets and renders written recommendations. These are forwarded to the State Bar, which generally adopts our findings.

Paul finds it eye-opening to see some of the difficult issues prospective young lawyers face (substance abuse, enormously high student loans, etc.). He says it is rewarding to see how resilient and driven those same young lawyers can be. As we all benefit from being members of organizations, Paul asks that each of us give some of our time and talents to help make them even better.

Richard Morley Barron has been active in the State Bar of Michigan for over forty years, first with the Young Lawyers Section, then the Criminal Law Section, the Litigation Section, the Public Corporation law Section and finally the Alternative Dispute Resolution Section, on whose council he now sits. His section participation created contacts with leaders in the Bar and enhanced his professional skills. He also has had the privilege of representing Genesee County attorneys in the Representative Assembly of the State Bar for several terms. He has always considered Bar service a duty in addition to being a professional opportunity to improve law practice. He recommends it particularly to his younger colleagues. Shayla Blankenship likes being involved in making decisions that affect her and the practice of law, decisions that shape our profession. She enjoys meeting and networking with attorneys from other areas. At the state level, she sees a bigger picture of the profession, and it helps her to be a better lawyer for the profession and her clients.

As for myself, I have been active with the State Bar for many years. There is a tremendous opportunity to personally influence the direction of the State Bar and its services to the public and its members. Meeting attorneys from across the state makes referrals much easier because you can ask a colleague about his/her confidence in another attorney you are using elsewhere in the state.

We learn early on of many issues on the forefront of our profession and, yes, many back stories that never become common knowledge. Working with the SBM staff is an amazing experience. There is an incredible amount of talent and efficiency at 306 Townsend in Lansing. Our dies are very seriously monitored and spent according to the SBM Strategic Plan. I join Jim, Shayla, Rich and Paul in encouraging each of you to choose a section or committee at SBM and become a leader in the adventure. Let’s make even more Genesee County lawyers shine statewide!

State Bar of Michigan Bar Leadership Forum Strategic Partnerships

1. What areas lend themselves to strategic partnerships? Special Events Community Programs Continuing Education Policy Initiatives General Communications and Public Relations Membership

2. What do Sections and Bars bring to the table? Public Relations opportunities . General advertisement and name recognition . Specific Subject matter connection . Electronic links Personal Networking contacts . Leadership . Members Other strategic partners Contact lists Market information and familiarity

3. What benefits do Strategic partners bring to the table? Financial resources . Event specific . Ongoing sponsorship of the organization Administrative support In-kind services and products New Members Increased visibility and improved reputation Access to a larger audience Political influence

4. What limitations do strategic partnerships bring to the table? Loss of autonomy Additional time to manage Potential conflict of interest and favoritism issues

5. Who are likely candidates for strategic partners? State Bar State Bar Sections Local Bar Associations Special Purpose Bar Associations Law Schools Legal Service Providers Courts Community membership groups (Chamber of Commerce, NAACP) Special Interest member associations (Wayne County Medical Society, Certified Public Accountants Association) Charities and Foundations Commercial services related to law Commercial services non-law related

6. How does one develop a successful strategic partnership?

 Determine what it is that you are looking to gain from the partnership

 Specifically ask those potential partners who are in a position to assist you with your goals and are reasonably connected to the proposed project or program.

 Determine the right timetable for approaching a potential partner so that their planning cycle can be honored.

 Determine the right person to be talking to. Make sure local representatives are included in the loop. Different people may be important for different things.

 Pay attention to relationships that you want to maintain and honor. o Develop personal relationships and communications o Connect them with your leadership o Reward your regular supporters and give them advance notice of opportunities. o Acknowledge them in other ways (service awards, meetings) o Pay attention to their goals, concerns and bottom line o Support other events and program of partners where possible

 Have a clear understanding and meeting of the minds about what each partner is committing to and hopes to achieve. This can be in writing or verbal, but it should include a discussion of money, responsibilities, expected outcomes and human resources required. Who will do what, where and when? Be honest and realistic.

 Keep the lines of communication open and check in to make sure everything is on track. If something changes address it immediately.

 Give lots of credit everywhere possible. Promotional materials, at the program or event, post event. Take time to introduce your partners to others and get your leadership to do the same.

 Check in when it is all over and de-brief. Did it go as expected? Were they happy with the event? Was there anything we could improve in the future? Would they like to continue to be a part of this program or other programs like it? ###