By the Numbers: Clarkston Legal Production 2011

In my law practice, I drive from various courts across Michigan in a 2009 Ford Explorer.  That vehicle has 110,000 miles burned into it over the past 3-years.  That's a lot of court appearances.Here are the numbers behind those miles for this past calendar year.Michigan Court of Appeals.  Although I had not argued before the Court of Appeals in more than two years, I had 4 arguments before the intermediate appellate tribunal in 2011.  Also filed 25 briefs in that court; most of them applications for leave to appeal guilty pleas.  In the first week of 2012, I have two arguments.Oakland County.  This is where we hold a "home field" advantage.  In 2011, I appeared in the circuit court, including the family court...

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Posted in: family court,Friend of the Court,Genesee County,Livingston County,Macomb County Circuit Court,Oakland County Circuit Court,Wayne County Circuit Court

Valid Prenuptial Agreements Require Full Asset Disclosures

Prenuptial agreements, contracts executed in the anticipation of a marriage, have long been validated in Michigan courts.  Generally, there are two contingencies covered in a typical prenuptial agreement: a) the divorce of the contracting parties; and b) the death of one of the parties.A primary requirement to enforcing a prenuptial agreement is the "special duty" of full disclosure of all assets by both contracting parties.  This requirement was recently examined in a key (but unpublished) decision of the Michigan Court of Appeals. The case, In the Matter of Kenneth Waller, originated right here in the Oakland County Probate Court.  The case illustrates the risk of executing a "do-it-yourself" prenuptial agreement.The contract...

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Posted in: antenuptial agreement,divorce,divorce lawyer,Michigan Court of Appeals,Oakland County Family Court,Oakland County Probate Court,prenuptial agreement

Disparate Sentences for NBA Stars' Drunk Driving Convictions in Oakland County

A well-respected blog on sentencing picked-up on the infamous NBA drunk driving cases coming out of the 48th District Court in Bloomfield Hills, MI. The blog noted the difference between Jalen Rose's straight-forward OWI conviction [he did 14-days in the OCJ]; and the weapons charge component to Big Ben Wallace's OWI charge, recently resolved in the Oakland County Circuit Court before Judge Shalina Kumar.Here is what the blog had to say about the two cases:On the surface, it would appear that Wallace committed a (much?) worse offense but ultimately got a (much?) lighter sentence than Rose.  Of course, maybe there are some specific differences in the cases not obvious on the surface that justify this seeming disparity.  And, perhaps...

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Posted in: Ben Wallace,criminal defense lawyer,drunk driving,felony firearm,Jalen Rose,Oakland Circuit Judge Shalina Kumar,Oakland County Circuit Court,OWI

Nursing Home Liability: Who Owns the Facility

A recent 2.35 million dollar Macomb County jury verdict shines a light on the ownership and practices of a nursing home in St. Clair Shores.  Bankruptcy and missing records clouded the identity of the real party in interest in a negligence law suit resulting from the 2008 choking death of a resident.Turned out to be the Nightingale East Nursing Center, owned in part by a now-defunct company, and eventually traced to SavaSeniorCare, an LLC located in Atlanta, GA.In the litigation, St. Clair Shores attorney John Perrin experienced an evidentiary mistrial and a mishandled document request in clawing his way to the jury verdict.  For their part, the defense attorneys claim that the botched corporate disclosure was not intentional....

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Posted in: defense attorney,elder law,guardianship,Jennifer Andreou,John Perrin,Macomb County,medical malpractice,negligence,nursing home,Oakland County,Plunkett and Cooney

6 Holiday Tips for Divorced Parents

Often, tensions escalate over the holidays as divorced parents struggle with the demands of scheduling the children to accommodate two households.  Holiday schedules are already difficult without the complications of a divorce judgment or divorce proceeding.Here are some practical tips in dealing with holiday parenting time gleaned from divorce lawyers around the state.Reduce an alternating holiday schedule to a court order.  It is always best for the children when the parents can agree on a schedule.  Alternating holidays is most common when drafting the parenting schedule.  When both parents live close to one another, many families utilize a shared holiday model where the children spend time with one parent until noon,...

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Posted in: divorce,divorce lawyer,parenting schedule,parenting time

Michigan's Parole Process Explained

From time to time, our appellate clients asking about the parole process.  One way or another, incarceration and parole affects all of us; adding significant costs to maintain our freedom.An effective criminal justice system depends on the ability of that system to reintegrate the overwhelming majority of convicted felons that have served their bit, back into some semblance of productive society.The purpose of this post is to explain Michigan's parole process to our readers.  Whether you are a tax paying citizen, or someone with a direct connection to the MDOC, the costs and procedures affect everyone. Here are the basics...The Parole Board.The Parole Board in Michigan was recently reduced in 2011 from 15 members to the current 10...

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Posted in: criminal defense attorney,criminal law,Michigan Court of Appeals,Michigan Department of Corrections,parole,probation,sentencing

Anonymous Internet Critics

This blog has covered the defamation lawsuit filed by the Cooley Law School against one if it's more vocal critics; one of the legion of graduates that has trashed the law school in a blog titled "The Thomas M. Cooley Law School Scam".  This post brings our readers up to date with some important recent developments in the case.Cooley's defamation suit, pending in the Ingham County Circuit Court, was assigned to Circuit Judge Clinton Canady III. Cooley is represented by the Miller Canfield law firm and the anonymous blogger, using the pseudonym "Rockstar05", is represented by Berkeley, MI attorney John Hermann.For their part, Miller Canfield has been vigorously prosecuting their cause of action, issuing subpoenas in two states [Michigan...

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Posted in: Cooley Law School,defamation,First Amendment,Ingham County Circuit Court,John Hermann,Judge Clinton Canady,Miller Canfield,privacy

Preparing for a Second Marriage

Many factors affect whether a second marriage will last: the relative age and incomes of the partners, whether either party has children, cohabitation prior to the second nuptials, and the education level of the parties.And, of course, how could we forget the personality of the ex-spouse; perhaps the most important factor of all.According to statistics published by the National Institute of Health, approximately 15% of second marriages end within 3-years; and 23% end within 5-years.  Overall, however, the divorce rate for second marriages has drawn even with that of first marriages; about 40%.  Also, in its 2009 report Marital Events of Americans, the Census Bureau claims first marriages last, on average, about as long as second marriages:...

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Posted in: divorce,estate planning,family law lawyer,marital estate,marital property,second marriage,trust

Miss Michigan "Super Drunk" Candidate in Highland Park

Former Miss Michigan Rima FakihOops, busted.  Former Miss Michigan and Miss USA Rima Fakih, 26, of Dearborn, MI, allegedly was cited at 2:15 am in Highland Park for driving with a blood alcohol content of .20.Unfortunately for the beauty queen, this qualifies her for a charge under Michigan's relatively new "super drunk" law.  While Fakih, like most other motorists, will be initially charged with a standard "operating while intoxicated" offense, there is the potential for the "super drunk" charge if her BAC is greater than .17.This "super drunk" charge subjects drivers to stiffer penalties.  Those penalties include a one-year license suspension for first-time "super drunks"; an increase in the potential maximum jail sentence...

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Posted in: blood alcohol,criminal defense lawyer,drunk driving,impaired,Rima Fakih,Super Drunk

The Dragon Suicides

This Tuesday, I will be heading to Detroit to present oral argument to a 3-judge panel of the Michigan Court of Appeals.  The appeal is from a summary disposition of my client's wrongful death claim against the parents of a Lake Orion High School senior.The LOHS senior hosted an impromptu graduation party in May 2008 while his parents were out dining and socializing until nearly 1:00 am.  The parents returned to a teenage house party meltdown; students puking, passing out, the furious father of a drunk freshman girl on the phone demanding answers and threatening to call the police. Early the next morning, one of the good friends of the student that hosted the house party hung himself in the basement of the Lake Orion home.  The...

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Posted in: Common Ground,Lake Orion,Lake Orion Community Schools,LOHS,Michigan Court of Appeals,Oakland County Circuit Court,Oakland County lawyer,suicide