July/August 2011 ARBEA B Genesee County Bar AssociationT Karen L. Folks “The Spoon of Power” 2011-2012 GCBA President Jerome F. O’Rourke Advocacy Award Herbert J. Milliken Civility Award: Carl L. Bekofske Karen L. Folks—2011 Pro Bono Attorney of the Year Changes to Michigan Unclaimed Property Act Practicing Constitutional Law in Genesee County It’s Better than Chemistry Senior Attorney Luncheons Leaders in business • Leaders in health care • A partnership that works for you One card. A complete health plan. Your association membership gives you more options with the Blues. Whether you want to provide group-sponsored HMO, PPO and HSA plans, or to offer affordable individual plans, we’ve got the health care solution that fits your needs. Blues members have the convenience of using one card for medical, dental, vision and prescription drug plans. Groups of two or more can add Blue DentalSM, Blue VisionSM and Blues RxSM coverage to any medical plan, resulting in a total health plan — not to mention a healthier, happier workforce. And healthy, happy employees can save your company money through improved attendance and productivity. Who knew one little card could do so much? <RXU$VVRFLDWLRQ([FOXVLYHO\(QGRUVHV For more information, please contact 888-SBM-ForU (888-726-3678) or visit www.michbar.org. bcbsm.com MiBCN.com PPO — HSA — HMO — Prescription — Dental — Vision — MyBlueSM Individual Genesee County Bar Association BAR BEAT July/August 2011 2 Genesee County Bar Association Table of Contents 2011-2012 Board of Directors PRESIDENT – Karen L. Folks 4 Weaving a Rich Tapestry of VICE PRESIDENT – James J. Wascha TREASURER – Erwin F. Meiers III Collective History by Karen L. Folks SECRETARY – Jeffrey J. Himelhoch 5 “The Spoon of Power” by Ronald L. Haldy IMMEDIATE PAST PRESIDENT – B.D. “Chris” Christenson 5 Jerome F. O’Rourke Advocacy Award by James J. Wascha Specialty Bar Board Members 6 Herbert J. Milliken Civility Young Lawyers Delegate – Jessica J. Hammond Mallory, VanDyne, Scott Bar – Nikayela D. Lockett Award: Carl L. Bekofske by Brian M. Barkey Women Lawyers Delegate – Hon. M. Cathy Dowd 6 Karen L. Folks—2011 Pro Bono Flint Trial Lawyers Representative – Michael P. Parillo Attorney of the Year by Jill L. Nylander Board Members 7 Genesee County Bar Foundation Jade J. Edwards ‘12 Richard S. Harris ‘12 Lynne A. Taft ‘12 Anthony P. Vance ‘12 Update: Lawyers, Money and James N. Bauer ‘13 Shayla Blankenship ‘13 Generosity by Randolph P. Piper Jeremy R.M. Piper ‘13 Roger G. Isaac ‘13 Leo P. Carey ‘14 Morgan R. Cherry ‘14 8 Changes to Michigan Unclaimed Michael J. Kotarski ‘14 R. Paul Vance ‘14 Property Act by David A. Salim Staff 8 Symposium on Substances (SOS) Tatilia Y. Burroughs, Executive Director th in 67 District Court Eileen M. Harris, Office Manager Starlynn J. Estep, LRIS Specialist 9 Practicing Constitutional Law in Bar Beat Editor Genesee County by Gregory T. Gibbs LindaLee Massoud 10 It’s Better than Chemistry [email protected] Charles A. Forrest, Jr. Practicing Genesee County Bar Association Senior Attorney by Roberta J.F. Wray 315 E. Court St., Flint, Michigan 48502-1611 (810) 232-6012 11 Senior Attorney Luncheons by Richard J. Ruhala For editorial information, call (810) 232-6000. Advertisers Published bimonthly by the State Bar of Michigan, 306 Townsend St., Lansing, MI 48933, for the Blue Cross Blue Shield of Michigan Yeo & Yeo Genesee County Bar Association. For advertising, inside cover CPAs and Business Consultants 7 call (517) 346-6315. Larry Day Plante and Moran Mediation & Arbitration 3 CPAs/Business Advisors 9 No material in Bar Beat reflects the opinion or endorsement of the Genesee County Bar Association, unless otherwise stated. Jakeway, Jakeway& Jakeway, PC 4 Stephens Wealth Management Group back cover M ediation & arbitration Mediation Training—Harvard University, Nova University, State Bar of Michigan and ICLE Experience—Practicing mediator since 1995; practicing lawyer for more than 30 years, representing clients in arbitration and selected to act as an arbitrator many times Chairperson—Genesee County Circuit Court Civil Mediation Committee, 2004-2005 Publications—“Private Mediation,” Bar Beat, July 1995; “Facilitative Larry Day Mediation,” April 1996 and “Michigan Mediation Update,” June © Attorney & Mediator 2004, Michigan Lawyers Weekly Mediation Methods – Facilitative. Evaluative, only with consent of (810) 603-3400 all parties. Minimal use of joint session. www.mediationday.com July/August 2011 Genesee County Bar Association BAR BEAT 3 Weaving a Rich Tapestry of Collective History By Karen L. Folks, President What an honor and a privilege 1997), and so I took a couple of minutes it is to become president of the to read through it and couldn’t help Genesee County Bar Association! but reflect on the relevance today It is a remarkable milestone in my of the contributions made by GCBA Karen L. Folks career. Even more amazing is the members four and five generations ago. discovery that this will mark the 114th I was reminded of a TV series I began year of the GCBA’s existence and watching late last fall. All of our ancestors have played influence throughout the greater Flint Last year, NBC launched an a role in changing and shaping community and beyond. While I have American genealogy documentary the history of Flint, the State always been proud to be a part of such series called “Who Do You Think of Michigan and, arguably, an esteemed organization, I recently You Are? ” Each episode focuses impacting the country. stumbled across Jean Neithercut’s on a well-known actor, actress or informative summary of the GCBA’s other famous person and takes us on rich history, and it kindled in me a this very personal and yet intriguing has contributed in unique and valuable new admiration and awareness for its journey into the ancestral history of ways to shape, mold, develop or even exceptional membership roster over his/her family. Each twist and turn change world history. They also passed the past 100 years. in the story places us in unexpected on family traits or characteristics, This past March, I was poking locations, both geographically and such as strength, vision, courage, and around the Genesee County Bar in world history. But the insightful creativity. Association’s website looking for an moments come in the recognition Can you see the similarities to event date. By accident the GCBA that each ancestor, over the course the GCBA “family”? We have an Centennial History came up (1897 – of four, five, six or more generations, Continued on page 11 Jakeway, Jakeway & Jakeway, PC j Your Genesee County Personal Injury Referral Connection j Accepting Referrals in All Injury Matters j Over $170,000 Already Paid Out in Referral Fees for 2011 G-8161 S. Saginaw, Grand Blanc, MI 48439 (810) 694-1211 www.Jakewaylaw.com j Genesee County Bar Association BAR BEAT July/August 2011 4 “The Spoon of Power” By Ronald L. Haldy n the spring of 1997 the Annual At the 1998 Annual Meeting I IMeeting was held at Crossroads was the outgoing president and Walt Village in conjunction with the Griffin was the incoming president. I Ronald L. Haldy dedication of the Durant law office thought that Val’s impromptu “Spoon building. The dinner had a sort of Power” was a rather unique concept rest of the mandatory place setting). A of “picnic” theme to it, complete and thought that an attempt should be woodworker that I knew prepared the with checkered table cloths, ribs, made to preserve it. However, I was plaque and mounted the spoon to it, cornbread and plastic utensils. The sure that the life expectancy of passing along with the engraved plate. The finished product was then presented to the first outgoing GCBA president was the original plastic spoon (even if I still recipient, President Walt Griffin. It has Valdemar Washington and I was the had it) would not be very long so I been passed on to each incoming president incoming president for the year 1997- decided to create a more permanent 1998. After the dinner it came time to by the outgoing president ever since. one. In the process I purchased a “transfer” the title of president from sterling silver spoon (along with the Val to myself. In the process of doing I thought Val’s impromptu so, it became apparent to Val that he “Spoon of Power” was a rather did not have a gavel to present me unique concept and thought that to symbolize this transfer. He looked an attempt should be made to around the podium and seized upon preserve it. a plastic spoon that had been part of the place settings for the picnic, and That is the story of this GCBA in the process of handing the spoon tradition and how it was started. to me he, in jest, referenced that he Hopefully, it is a tradition that will was presenting me with “The Spoon continue for years to come. As a side of Power” as evidence of my being the note, I am sure that if I dug deeply enough, President B.D. “Chris” Christenson presents I would find the rest of that sterling silver new president of the GCBA. the “Spoon of Power” to President-Elect Karen L. Folks. place setting that is missing only a spoon! Jerome F. O’Rourke Advocacy Award By James J. Wascha he Centennial American Inn of Court presented and a notable respect for TAttorney Dennis R. Lazar with the 2011 Jerome F. the legal system and all O’Rourke Advocacy Award. The award was announced involved. at the GCBA annual meeting in the presence of Dennis’ I n q u ir ie s of p e e r s Dennis R.