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Posted: Jun 23, 2021, 10:15 AM
A referring attorney must have an attorney-client relationship with the individual being referred in order for a fee-splitting agreement to be valid, the Michigan Supreme Court has unanimously decided.
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Posted: Jun 9, 2021, 10:10 AM
An order terminating a mother’s parental rights must be reversed because no case treatment plan existed and she “could not be faulted for failing to complete a nonexistent treatment plan,” the Michigan Court of Appeals has ruled.
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Posted: Mar 17, 2021, 10:25 AM
A defendant’s first-degree child abuse conviction must be vacated because defense counsel’s performance at trial was “deficient,” the Michigan Supreme Court has ruled.
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Posted: Apr 8, 2020, 9:35 AM
The Oakland County Circuit Court in Jacob had issued numerous orders, most of which were related to custody and parenting time. One order also denied the plaintiff-father’s request to remove the L-GAL from the case and ordered him to pay the L-GAL more than $22,000 in fees.
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Posted: Jul 13, 2018, 1:00 PM
A trial court judge did not have to disqualify himself from the defendant’s criminal case even though the judge had publicly endorsed the prosecutor in a Circuit Court election campaign, the Michigan Court of Appeals has decided.
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Posted: Jul 9, 2018, 2:00 PM
A trial judge should not have stricken a plaintiff’s expert witnesses as a sanction for violating discovery orders, the Michigan Court of Appeals has ruled, finding that the sanction – which ultimately led to the dismissal of the plaintiff’s medical malpractice case – was too harsh.
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Posted: Jul 3, 2017, 8:45 PM
From the Michigan Lawyers Weekly July 3, 2017
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Posted: Jun 30, 2017, 12:45 PM
Happy Independence Day from Speaker Law Firm!
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Posted: Jun 27, 2017, 2:50 PM
On June 15, 2017, the Michigan Supreme Court decided Kemp v Farm Bureau General Insurance Company of Michigan (Docket No. 151719), a case concerning a plaintiff’s claim for personal injury benefits when he was injured while unloading items from his vehicle.
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Posted: May 17, 2017, 4:55 PM
The Michigan Court of Appeals in Estate of Aaron Reid v ThomasWalker, No. 328587, reversed the circuit court’s summary disposition ruling as to one defendant and affirmed as to two others in an appeal involving the death of bicyclist. The dissenting judge, Judge Peter O’Connell wrote a dissenting opinion affirming the entire circuit court’s opinion.
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Posted: Mar 1, 2017, 10:15 AM
Tuesday, February 28th we had a double Victory Day at the Speaker Law Firm.
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Posted: Dec 28, 2016, 11:20 AM
MCL 765.28(1) and MCR 3.604(I)(2) do not conflict. The statute (MCL 765.28 (1)) is the procedure for providing a surety notice of default. The court rule (MCR 3.604(I)(2), however, is the procedure to provide notice of hearing on a motion for a judgment. “These are two separate and distinct events. A default must be entered prior to a hearing to enter judgment on the default.”
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Posted: Dec 14, 2016, 3:10 PM
The probate Court can admit an unsigned will to probate if the proponent of the will establishes, by clear and convincing evidence, that the decedent intended the document to be his or her will. The Michigan Court of Appeals (MCOA) reached this decision in a published opinion (In re Estate of Sabry Mohamed Attia).
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Posted: Nov 21, 2016, 1:30 PM
The Court of Appeals recently reversed a trial court’s decision terminating parental rights based on the lack of jurisdiction and inadmissible evidence during the child protective proceedings. In Re Jones, unpublished per curiam, issued November 8, 2016 (Docket 332616).
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Posted: Nov 7, 2016, 3:10 PM
Bail bond agencies act as surety for bonds for compensation in criminal cases in Michigan. Without them, our jails would be more over-crowded. The agencies can, however, seek return of funds under two statutes, MCL 765.28 and MCL 600.4835. The Michigan Court of Appeals clarified the relationship of the two in Calvert Bail Bond Agency, LLC v County of St. Clair, COA No. 324824.
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Posted: Oct 14, 2016, 3:20 PM
Michigan Board of Law Examiners has posted
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Posted: Oct 10, 2016, 12:35 PM
Once your bar exam appeal is submitted, it generally takes several weeks to receive your results.
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Posted: Oct 7, 2016, 11:35 AM
Bar exam appeals are fast-paced and procedurally inflexible.
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Posted: Sep 6, 2016, 12:40 PM
The Court of Appeals held that an attorney could not be sued for legal malpractice, even if the attorney missed the deadline for filing a Claim of Appeal.
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Posted: May 10, 2016, 1:05 PM
The United States Supreme Court has denied an appeal in the case of two Macomb County deputies who were sued for civil rights violations when making an arrest.
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