LEX FUGIT

BUTLER TO "RE-TIRE" (PARTIALLY)--AS THOUSANDS CHEER

After a career of representing plaintiffs and defendants in personal injury cases, come February 26, 2021, I will be retiring from my position as a litigation attorney at Landry, Mazzeo & Dembinski-cue the confetti.

This reminds me, as many things do, of a scene from a Marx Brothers movie, Animal Crackers. Groucho, as Captain Jeffrey T. Spaulding is talking with patron of the arts, Roscoe W. Chandler. 

"Spaulding:” I congratulate you...there's one thing that I've always wanted to do before I quit.”
Chandler: “What is that?”
Spaulding: “Retire. You know, I've always had an idea that my retirement would be the greatest contribution to science (insert “the Law”-ed.) that the world has ever known.”

So, with the Michigan legal scene beset by COVID 19 restrictions, a new set of Court Rules and a new No-Fault Act, it is my hope that my absence from the courtroom will help the Michigan legal system turn the corner.  You're welcome.

Lest people get their hopes up too high, I will still be around.  I will continue to mediate-by phone, by Zoom, in person-Have File Will Travel.  Personally, I will welcome a return to in person mediations.  It is far too easy to say "No" from behind the comfy desk, and I find I have been most successful with decision makers present.

My new contact email is [email protected].  

My phone number and CV can be found here or on my www.lexfugit.com website.  Starting March 1, I can guarantee virtually immediate availability.

I will also continue to sit as a neutral Wayne County Case Evaluator.

And, my website continues to look for Michigan lawyers' "You can't make this stuff up" stories.  Posts submitted to my email address will be gratefully received.

The lexfugit.com website will soon begin its podcast, sponsored by the Detroit Bar Association.  Panelists include attorneys John Cothorn, Paula Cole, Franci Silver, Ron Steinberg with guests to be announced.

One of the projects of the site and the podcast is to host an annual party at Jacoby's on Brush Street-since 1904, so they've survived pandemics before this one.  The party we hope will be on the day before Thanksgiving.  No fundraising, no speakers, no program, no no awards.  Just a  bunch of legal types getting together to enjoy each others' company.

Finally, in this post I have been able to incorporate a couple of my favorite things:  the Marx Brothers and vintage advertising.  "Time to Re-Tire" was the slogan of the now defunct Fisk Tire Company, shown below.  And to come full circle, the Fisk Tire Boy was featured in a Marx Brothers movie, "Love Happy".

Be well.  We will see each other again.

 

LEAVING LINKEDIN SELF PROMOTION BEHIND

I am not a fan of LinkedIn, whose motto appears to be: Modesty Never Forbids.

The incessant self-congratulation, "I am humbled and honored to be named-(insert questionable achievement here)" is enough to make you sick.

Most LinkedIn accomplishments seem more like a catalog of the participation trophies of the business world.

Actual achievements, to the extent people feel they must blow their own horn, get lost amidst chaff like "Another win in Court today!  Extended Scheduling Order from Track 1 to Track 2".  

So, when I recently received a real award, I was not content with a LinkedIn humblebrag.  

During the pandemic, I saw a lot of lawn signs in the neighborhood, even before the election.  Graduations and such like were front and center for the world to see, for months.

And I thought, what's good enough for my neighbor's kid who graduated from the local preschool (I am not making this up), was good enough for me.  So, I commissioned the lawn sign shown above, as testament to my selection as a Fellow of the Detroit Bar Association.  

And, in a true LinkedIn worthy touch, I enhanced the effect by placing it on the lawn of a house more expensive than mine.

For those who can't read, the certificate is shown below:

This post is to poke fun at LinkedIn and not to show any disrespect to the DBA, a noble and wonderful institution that has been around since 1836, and which continues to amaze me with its continuing efforts to serve the legal community and the citizens of Metro Detroit.

SY ORLOWSKI'S MOST "IMPOTENT" CASE*

*For purposes of this post, accent the second syllable of impotent.-ed.

This story is a courtroom classic.  It is Simeon (Sy) Orlowski's story, but sadly, Sy passed away in 2014.  

It is set forth here as related by Dan Makarski, a Dean of Michigan Facilitators, 

Dan's services are in such demand, a personal injury attorney is well advised to contact his assistant June Hayes for mediation dates before the accident happens.  

Sy was a great attorney and an even better man.  It is emblematic of his integrity, that he left a job, rather than carry out an unethical directive from a client.

At the time of this tale, Sy worked for the firm now called Secrest Wardle, in its (sadly) now closed branch office on Macomb Place in Mt. Clemens, a few short steps from the Macomb County Courthouse.

Sy was in an auto negligence jury trial in Macomb.  The direct exam of the plaintiff had ended at the lunch break.  Sy's cross exam would come at the beginning of the afternoon session.

Back at the office at lunchtime, Sy asked Dan what he was doing that afternoon.  He told Dan he might want to come  to court to see his cross.  Those who knew Sy know that he was the most self effacing of men.  This was not an ego trip.

As to the trial, fault for the accident was not a contended issue.  As to the requested compensation for plaintiff's injuries, money had been offered by Sy's client before trial, but the offer was not agreeable to the plaintiff.  He would take his chance with the jury.

Along with various bodily injuries, the plaintiff claimed he had become impotent as a result of the accident.

The morning trial session ended with plaintiff counsel completing his examination of his client.  The attorney wanted to end on a high note, and had his client testify about the trauma of becoming impotent because of the accident and the impact it had, and would continue to have, on his life-and the life of his devoted spouse.  He looked over to his wife, who was sitting at counsel table.  She wiped tears from her eyes.  Good luck, defense counsel.

Court reconvened in the afternoon, with Sy to cross examine the plaintiff.  His initial questions appeared fairly benign.  

"Sir, you have been sworn to tell the truth."  "Yes."

"And you have told the truth to the jurors here?"  "Yes."

"And you have always told the truth to your treating doctors as well?"

"Of course." (The plaintiff lawyer should have suspected something was coming.  Maybe he did).

"Sir, I'd like to show you this record of your visit to Dr. X, your treater for the injuries you have alleged in this accident."

At which time, Sy pulls out a blow up of a page of the plaintiff's post-accident medical records, and places it on an easel in full view of both the plaintiff and the jury.  Highlighted in yellow, is this portion of the client's medical history:

“Impotent—but only with wife.”

The eyes of several female jurors went wide, and a jaw or two dropped.