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Attorney Judgment Rule Going to Trial

In Shannon v Foster Swift Collins & Smith, P.C., former clients brought a legal malpractice suit against the law firm and attorney who represented them in a real estate matter.

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Non-refundable Retainers Do Not Violate the Ethics Rules

The Supreme Court issued an order on the long-awaited non-refundable retainer case pending before it in Cooper v Attorney Grievance Commission. In that case, the client hired an attorney to represent her in a divorce action.

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Self-representation is Risky...and for Good Reason

You surely are familiar with the adage, "the man who represents himself has a fool for a client." This phrase took on special meaning in the COA decision People v Cochrane, in which the Court determined that the trial court did not err in refusing to allow a criminal defendant to represent himself.

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High Court Make-Over to Dress-up Appellate Advocacy

Legal circles are abuzz with speculation about the possible impact the stunning election of Wayne County Circuit Court Judge Diane Hathaway will have on the Michigan Supreme Court and more importantly, Michigan Law.

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COA Lets Divorce Attorney Keep Fees

Getting stuck with joint liability for attorneys’ fees after a reversal in the COA is like being saddled with the dinner tab after a bad date - no fair.

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Heidi's Law Not an Ex Post Facto Violation

The COA upheld Heidi's Law in People v Perkins. Heidi's Law is MCL 257.265 and increases the penalty for persons convicted of driving under the influence if the person has been convicted of the offense 3 or more times at any time, even though the statute of limitations is 10 years.

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COA Cleans Up DHS Mess

In re Orozco Minors, a rare published termination of parental rights case, the COA reversed a decision of the Macomb County Family Court terminating respondents’ parental rights when they were deported to Guatemala.

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Sixth Circuit Holds Serial Harasser's Conduct Violates Title VII

Four female employees sued Anheuser-Busch arising from sexual harassment claims against a male employee (Robinson) occurring over Robinson’s ten-year span of employment. Each time, the employer investigated the claims internally by interviewing the women and Robinson.

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Children Can Testify in Custody Disputes

In Surman v. Surman, the trial court allowed a 12-year-old boy to testify in open court during a custody trial regarding what type of abuse had occurred between the child and his father.

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