LEX FUGIT

LAWYER CARTOON OF THE WEEK-2

WAYNE COUNTY CIRCUIT COURT $25,000 AND UNDER MEDIATION

The Circuit Courts in the Metro Detroit area all have procedures for mandatory mediation of cases which evaluate for $25,000 or under, aggregate.  In Oakland County, such cases are referred to the Oakland Mediation Center, and in Macomb County, The Resolution Center.  I will leave stories of my experiences with these institutions for a later post.

Wayne County takes a different approach.  Although there does exist a Wayne Mediation Center in Dearborn, under 25K case evaluation cases are not sent there.  The Mediation Tribunal Association maintains a "list of court approved general civil mediators" and cases are assigned randomly to mediators on that list.

Note that the term "mediator" and not "attorney" is used.  Most of us understand that at the Oakland and Macomb centers, our cases are often assigned to non-attorney mediators.  And there is a perception (mine at least) that these mediators are either volunteers, or work for a very modest fee indeed.

As to the Wayne Circuit program, I think there continues to be some confusion/bewilderment as to the credentials of the  mediators assigned to cases in the program.  Questions as to qualifications are understandable, as the assigned mediator is not a volunteer and can charge his regular hourly rate for the mediation.  In addition, litigants often have never heard of the mediator assigned to their case, which is, more often than not, a claim for No Fault benefits.

Even though I have been on the MTA "list" since this program started, I really never knew how I qualified.  I did not start sitting as a neutral case evaluator until a year after I started receiving cases from the program.  I flattered myself that perhaps my litigation "reputation", to the extent that I had one, brought me to the attention of a sage group of selectors at the MTA.

Apparently not.

However, last year I received a notice of referral of one of my defense cases to a mediator selected from the list.  Not only had I not heard of the fellow, when I looked him up on the State Bar website (he was an attorney), I discovered that the ink was hardly dry on his law school diploma.  He had been a lawyer for less than 6 months and worked out of his house on the East Side of Detroit.

After some inquiry, I discovered that to be put on the "list" a mediator had to complete the 40 hour civil mediation training approved  by the Michigan State Court Administrative Office.  You don't need to be an attorney to take the training, and I recall when I did take that course some years ago, about a third of the participants were not attorneys.  

I do recall that the course was pretty intense.  The program I took came one fall when the Tigers were in the World Series (don't remember who they played-they lost).  The final session was set for a Saturday when the Tigers played a Series game at home.  Some participants had tickets and most everyone wanted to see the game on TV.  We begged to have the last session end one hour early.  The staff would comply, so long as we came in a half hour early that day and cut our lunch hour to 30 minutes.  I still have the course manual--somewhere.  It did contain the words to all 4 verses of Kumbaya.

LAWYER CARTOON OF THE WEEK-1

AN OLD BLOG POST REVISITED-ATTORNEY ADVERTISING CIRCA 1935

 

Note:  I was quite a prolific blogger in the olden days, apparently.  Back when I was a plaintiff lawyer, I poked some fun at attorney advertising, and at my own firm (at the time), Bernstein & Bernstein (not Sam).  The firm did no TV ads or billboards, relying almost exclusively on the buggy whip of advertising, the Yellow Pages.  Still do, I think, though the firm does maintain a website.  The firm took my post in good humor, I thought at the time.  However, it will be noted that I no longer work there.  

After having written extensively about tasteless, pandering and just plain stupid attorney advertising, I find myself red-faced today, ladies and gentlemen.  I have always been proud that Bernstein and Bernstein (not Sam), the firm I have worked for, lo these many years, has not resorted to idiotic and repetitive TV ads or omnipresent billboards to attract business.

The firm has been in business in the Detroit area since 1923, and our reputation and track record of service built the firm.  Or so I had believed.

Today, while doing some unrelated research through the Shmurtan Historical Archive, I came upon photographic evidence that Bernstein and Bernstein was engaged in multi-media advertising before Sam was born.

Some examples:

Before there was TV, and before law firms were using former Star Fleet Captains as expert spokespersons, B & B had apparently scored big in the Saturday afternoon movie serial market.  Here we see Flash Gordon getting the better of his nemesis, Ming the Merciless.

 

THE HONORABLE KAYE TERTZAG-10 YEARS ON

 

Note: Today marks the 10 year anniversary of the passing of Judge Kaye Tertzag.  I found this article I posted in an old blog I ran for about 8 years (ending in 2015).  Although the blog is no more, all the old posts are archived (sort of) on my Typepad blog account.  In this post I first suggested the awarding of a Purple Sport coat at an annual event.  The award dinner has gone on every year since 2010.  While I have ended my association with the Tertzag Dinner, I am going to start a category on this blog called:  3Ps, in which I will make note of stories, from the practice, that portray those concise elements of the Tertzag philosophy:  Be Prompt, Be Prepared and Be Polite.  They are out there----I hope.

"On Thursday, February 5, 2009, we lost a truly great man with the passing of Kaye Tertzag.  "Chach's" life was the stuff of a Hollywood movie.  Born and raised in the DelRay section of Southwest Detroit, Kaye was the son of Armenian immigrants who had fled the Turkish genocide.  Speaking only Armenian, he learned English in elementary school.  He went to Detroit Southwestern, where he played basketball and ran track.  He attended Wayne State, playing basketball, going to class and working as a janitor at Ford Motor.  After college he taught at River Rouge High, going to law school at night.  After passing the bar, he continued to teach, while running a store front practice at nights and on weekends.

He became city attorney of River Rouge and Melvindale, and was appointed to the Wayne County Circuit Bench by Governor Blanchard in 1987.  He retired from the bench in 2004 and ran a thriving facilitation practice well into 2008, when he became ill.

He married the love of his life, Kathy in 1962, and they raised 3 children, Kyle, Kraig and Kara.

He was active in local politics, and most recently helped his son, Kyle win election to the Allen Park City Council.

He was the first Downriver attorney appointed to the Wayne County Circuit Court.

More about Judge Tertzag's life and career can be found in the excellent obituary written by Rene Cizio, which appeared in the February 6, 2009 edition of the Downriver News-Herald.  However, the article could not come close to capturing the true magic of this man.   On Sunday, February 8, hundreds upon hundreds packed the Allen Park Civic Auditorium to pay tribute and celebrate the life of Judge Kaye "Chach" Tertzag. 

The dais was filled with nearly twenty speakers, from childhood friends, to lawyers, judges, elected officials, and one of my favorites, the lady who worked with Kaye on Southwestern High School reunions.  Afterward, his wife Kathy, his two sons, and two grandsons spoke.  Finally, Kaye's daughter Kara, a practicing attorney, had cups of sambuca passed out to all, and led the group in a final toast to her father in his native Armenian language.

Reflecting afterward, I realized the memorial was nowhere near long enough.  I don't think they would have run out of stories if the program were ten times as long.  Tales of the husband, the father, the grandfather, the friend, the athlete, the janitor, the teacher, the lawyer, the politician, the judge, the facilitator, the leader of the contingency bar association, quite frankly, had me, and have me in awe.