UPDATES IN MICHIGAN FAMILY LAW

Service of Process via Facebook and/or Email

In these days of social distancing, shelter-in-place orders, during the Covid-19 epidemic, being able to serve process upon a defendant has become a difficult issue. Many lawyers express concern about this. Some years ago, I had to achieve service of process in Thailand upon a defendant in a divorce and custody case. I was fortunate to find a then-recent case that explained a process calculated not only to give the trial judge authority to issue an ex parte order authorizing such alternative service of process, but also to provide a framework or process by which the plaintiff could then provide the Court with screenshots showing definitively that service of process had actually been achieved.

The case upon which I relied in filing the motion is Baidoo v. Blood-Dzraku, 2015 NY Slip Op 25096 (N.Y. Sup. Ct., 2015). You can download it below. I've also attached in WORD, a copy of the Order that was entered, redacted for privacy of the parties.

In Baidoo v. Blood-Dzraku in March 2015, Justice Matthew Cooper, ruled that a woman could serve her husband his divorce papers via Facebook message, with her lawyer’s assistance. She couldn’t find a current address for her husband. The only means she had to contact him was through Facebook and the phone.

Executive Order 2020-41: Re: Use of electronic signatures, remote notarizations, affidavits, and acknowledgments

Michigan Governor Gretchen Whitmer signed Executive Order 2020-41 on On Wednesday, April 8, 2020. The Order will reduce unnecessary in-person contact, through the use of electronic signatures, remote notarizations, remote witness attestations and acknowledgments, and remote visitations in order to protect the health and safety of Michigan citizens. Executive Order 2020-41 was effective upon signing and will continue through May 6, 2020 at 11:59 p.m.

Governor Gretchen Whitmer said: “It is important that Michiganders take every precaution to avoid person to person contact. Encouraging the use of e-signatures and alternative means of notarization will protect more people and help us slow the spread of COVID-19 in Michigan. I will continue to work around the clock to ensure we protect the most people we can from this virus.”

Executive Order 2020-41 will help ensure that necessary transactions and interactions may continue to occur during this time of crisis without putting the health of Michigan residents the health of their families at risk.

Unless the law specifically mandates a physical signature, Executive Order 2020-41 temporarily suspends the rules and procedures under the Uniform Electronic Act and permits the use of an electronic signature for a transaction whenever a signature is required under Michigan law. Additionally, the order specifics that any notarial act that is required under Michigan law may be performed utilizing two-way real-time audiovisual technology, provided that certain conditions within the order are met.

How to Co-Parent during the Coronavirus Crisis: Part I

Michigan parents and parents in other states want to know what they are expected to do about custody and parenting time during this critical time of Coronavirus with school closures affecting so many families. They ask: Must I follow the existing parenting time order? As with so many child-related queries, the answer must be: "That depends."

The Michigan State Court Administrator's Office has produced an advisory Download Covid-19.CustodyPT-FAQ

This Advisory Bulletin provides explicit details about what the Michigan courts are expecting co-parents to do with respect to existing custody and parenting time orders. The important thing to remember, as always, is that if you reach an agreement with your co-parent about changing the terms of parenting time, it is important that both parents agree in a text or email (in other words, be sure to have it in writing--even it that is a text or email).

But, of course, things can change any day. Here is a link to a resource, the journal Education Week, free access to all for this specific information. These are School Closings, State-by-State: [updated at least once a day and at least once on weekends]

Surviving Parenting Time While Working From Home (WFH): Many, if not most, schools are providing online instruction. Sadly, many children live in households with no Internet access. That will make it more difficult for some parents to figure out how to keep children happy and busy. Finding resources--preferrably free resources--is important to our families and family child caregivers.

Service of Process by Facebook?

The issue regarding whether some kind of service of process may be used other than personal service by a process server or service by publication arises today in a query from a colleague. In 2015, this writer had a case involving a defendant who lived in Thailand. Not only did the wife not have a mailbox to which certified mail with restricted delivery could be sent, but also, she was then living with a new boyfriend—and her address was unknown. Thailand was not a signatory to the Hague Service Convention. Husband had access however to her Facebook and he also had two email addresses for her.

Fortunately, a New York court had just decided a case involving similar facts—a case so new that it was then only available in a slip opinion. Fortunately, that case was published. For your easy reference, the citation is Baidoo v. Blood-Dzraku, 5 N.Y.S.3d 709 (N.Y.Sup.Ct. 2015). In Baidoo, the defendant was served using Facebook. The plaintiff wife in that case lacked a physical address or even an email address for her husband. However, she did have the ability to contact him through  Facebook.  Thus in my 2015 case, I asked the trial judge to permit service of process by Facebook--but (perhaps a little over-kill) also by the two email addresses.

Domestic Abuse Benchbook | Resource for Courts and for Attorneys

The Michigan Judicial Institute publishes many benchbooks. These are helpful to judges and other court personnel in case management of family law cases in which domestic violence is an issue. They are also helpful to attorneys working with courts and clients. Domestic Violence Bench. The fourth edition was initially published in 2013, and the text has been revised, reordered, and updated through August 22, 2018. This Benchbook is available online and has internal hyperlinks for ease of navigation.

 

A brief summary of the benchbook content is as follows:

 

• Chapter 1 provides the names of various resources  available to the court and to the parties, including but not limited
to Batterer Intervention Services (BIS) (identified and discussed).
• Chapter 2 discusses offenses that involve domestic violence.
• Chapter 3 discusses statutory provisions and case management practices governing pretrial release and
probation of offenders.
•Chapter 4 addresses evidentiary issues applicable to criminal cases involving allegations of domestic violence.
• Chapter 5 discusses personal protection orders (PPOs), including the different types of PPOs available and the
statutory and court rule provisions for issuing, dismissing, modifying or terminating, extending, and enforcing the
PPOs. The chapter also discusses peace bonds and foreign protection orders.

The Abuse Neglect Proceeding. Identifying the Father within the Case

To quote Anne Argiroff, who has often given of her time to assist in preparation of Amicus Briefs for cases involving protection of parental rights:

“In Troxel v Granville, 530 US 57, 120 S.Ct. 2054 (2000), the United States Supreme Court declared that parents have "perhaps the oldest of the fundamental liberty interests recognized by this Court," i.e. the right to determine the care, custody, and control (including the associations) of their children. 530 US at 65.

“Children share in this due process liberty interest with their parents. In In re Clausen, 442 Mich 648, 502 NW2d 649 (1993), this Court specifically recognized the "mutual due process liberty interest" between natural parents and child. [Citing In re Clausen]

“The mutual rights of the parent and child come into conflict only when there is a showing of parental unfitness. As we have held in a series of cases, the natural parent's right to custody is not to be disturbed absent a showing of unfitness.”

Representing a Father in a Child Abuse and Neglect Case: The Importance of Establishing Paternity

Fathers are important in the lives of children. As you all know, I’ve written extensively on this topic for the past ten or more years. Many young lawyers fresh out of law school frequently handle assignments for child abuse and neglect cases. These cases are a good way to get experience and can be “bread and butter” for young lawyers building their practices. But the precious lives of children and the constitutional rights or their parents and the responsibilities of their parents are in the hands of often inexperienced lawyers. Establishing paternity within the child protective is essential for many reasons, not the least of which is to protect his parental rights and to make him available for placement of the child.

Identifying the Father:     It is important that all parents involved in a child’s life are included in the child protective proceedings as soon as possible. Early identification and involvement of a noncustodial legal father who is actively involved in a child’s life may allow him to serve as a safe and permanent placement for a child. On the other hand, an absent and uninvolved legal father should be located, made a respondent to the petition, and, if appropriate, have his parental rights terminated. Only by establishing paternity within the case may the biological father protect his parental rights and be permitted to participate in the proceedings.

Service of Process in Foreign Country | Mail or Convention?

A question was posed today by a colleague:  whether I'd recommend mailing, by certified mail return receipt requested, a summons and complaint for divorce to a husband in China who, it is thought, will accept service and sign the judgment of divorce. I suggested sending by mail and asking Husband to sign both the Acknowledgment of Service on the back of the Summons and the Consent Judgment at the US Embassy by apostille signature. [Note: If Husband is Chinese and not an American citizen, he won't be able to obtain an apostille signature at the United States Embassy]. Obtaining certification (notary services) at the U.S. Embassy is described on the State Department's website. The US Embassy only notarizes documents written in English. There are other issues regarding access to services at the Embassy. See the State Department's website.

 

Of course I should not have simply assumed that this was a case of "status divorce"--(a divorce for the purpose of dissolving the marriage only, without a division of assets that may be located in China).   If Wife just wants "divorced" status" in the U.S., then a simple Judgment of Divorce would work if Husband accepted service of process and also signed the Judgment. Anyone may willingly submit to personal jurisdiction in any state for the purposes of having a Judgment entered. Division of property held jointly titled may be achieved, however, only if located in the United States without additional enforcement proceedings in another country. A provision in the Judgment that permits recording the Judgment in order to change title of real estate, motor vehicles, etc. is an essential element of the Judgment to ensure changes in title to property located in Michigan. But then we all know that enforcing a Judgment dividing real estate or other assets located in another State in the US can be expensive. Of course, the Full Faith and Credit Clause of the Constitution helps with that, but would not help Wife in the case posed above (in China).

 

Query: Will China enforce a foreign Judgment of Divorce if service of process is by mail? [It may be any other country--this query just happened to involve China]. After a little poking around, I come to this conclusion: "It depends. Service using the Service Convention takes four to seven months and can be expensive. Service using an expedited mail service--or as I have done in one case involving Thailand, email and Facebook--with an order for alternate service of process from my Michigan court seems very practical.  I discussed Facebook / email service of process on this blog here.

Helping Children Adjust to Separation and Divorce Issues through Bibliotherapy

I have been looking for a good list of books to help guide children through the trauma of family separation and divorce issues. The other day I found one that is particularly helpful because the list is organized by age groups. In addition, there is a list of books to help parents negotiate difficult problems arising during the divorce process.

The publication  listing books by topic, age groups and reading levels is: HELPFUL READINGS TOWARD THE UNDERSTANDING OF FAMILY CHANGES, ROBERT A. ZIBBELL, PH.D. This publication in an annotated bibliography and resource list for divorce or separated parents and their children. This collection was part of a project of public information initiated by the Hampshire County Probate and Family Court in Northampton, MA

Your local library can help you obtain books through interlibrary loan, or you may use this resource if you are a Michigan resident: MeL, the Michigan eLibrary, a 24/7 online library for Michigan residents, is found at this URL: http://mel.org/index.php?P=Home  MeLCat allows you to order books, audio books, music, movies and other materials and have them delivered to your participating library. You can view an online video to familiarize yourself with MeLCat including portals for specialized resources such as those in health, business and also areas for kids and teens. If you live in another state, just Google "interlibrary loan" AND [ ________ ] (the name of the state in which you live) to get more information about online resources. Or, in the alternative, visit your local library.

Alert! New Online Docket Service Link for the 13th Circuit (Michigan Trial Courts)

Grand Traverse County has a lovely new website. It is packed with information. However, this new website makes it ever so difficult to find the online records search! I must have spent about 30 minutes last night looking for it and another five today (starting with a link provided by a colleague's paralegal). I like to look cases up when they have a prior history to see how long the docket sheet is . . . which attorneys represented (and for how long) . . . It helps me establish a baseline for setting the retainer. Also, if there are prior cases involving the same parties previously filed in Circuit Court (custody, divorce and personal protection cases), they need to be listed at the top of a Complaint with the docket number and assigned judge. This is because the court rules require assignment of a new case to the same judge.

I am sure I was checking the docket sheet just two weeks ago.  This change is recent. You may want to bookmark this hyperlink. http://www.grandtraverse.org/456/Civil-Criminal-Records-Search It would be very handy if the webmaster would provide an automatic transfer, but perhaps they've not kept the old URL/website which they'd need to do that. An alternative would be to a hyperlink in several obvious places. I keep this bookmark on my toolbar. Just put your cursor on the tiny i in a circle at the far left of the URL box, right-click and drag to your top tool bar.

Alert! New Online Docket Service Link for the 13th Circuit (Michigan Trial Courts)

Grand Traverse County has a lovely new website. It is packed with information. However, this new website makes it ever so difficult to find the online records search! I must have spent about 30 minutes last night looking for it and another five today (starting with a link provided by a colleague's paralegal). I like to look cases up when they have a prior history to see how long the docket sheet is . . . which attorneys represented (and for how long) . . . It helps me establish a baseline for setting the retainer. Also, if there are prior cases involving the same parties previously filed in Circuit Court (custody, divorce and personal protection cases), they need to be listed at the top of a Complaint with the docket number and assigned judge. This is because the court rules require assignment of a new case to the same judge.

I am sure I was checking the docket sheet just two weeks ago.  You may want to bookmark this hyperlink. http://www.grandtraverse.org/456/Civil-Criminal-Records-Search It would be very handy if the webmaster would provide an automatic transfer, but perhaps they've not kept the old URL/website which they'd need to do that. An alternative would be to a hyperlink in several obvious places.

Parenting Time in a Non-Hague Convention Country? Possible or Not?

May a custodial parent, over the objection of the co-parent, exercise parenting time in a country that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction? Parent A says:  "I am the custodial parent. I should be able to take my children to visit my parents in Jamaica (for example) without my co-parent's permission because I have custody and he/she only has parenting time." Parent B says:  "Michigan law prohibits a parent from exercising parenting time in a non-Hague Convention country if I do not agree. And I don't agree because all of the custodial parent's relatives live in the non-Hague Convention country and I am fearful that if they travel there, the children will never be returned."

And, indeed, this is what the Michigan statute says:

What Papers must be Return to Former Client?

All lawyers have been at this stage: Either the case is closed or a successor lawyer has taken over. Different states have different ethical rules for how long a lawyer must keep papers before destroying them. But what about returning the file to the client if there is a change in the helmsman? [Well, that was a sexist remark.] What if there is a change of lawyers midstream?

The ABA Journal has a perceptive article on this issue today. You can read it here. The logic makes perfect sense.

 

Legal Research Database Services | Quality & Unbeatable Price

Legal research. I’m compulsive. I want it and I want it right now. It needs to be current and for my practice I need access to legal resources from around the country.

The Major "Brands:"     A long time ago, I used each of the two "name brand" legal research tools. At first, the service arrived on CDs on a quarterly basis. As a sole practitioner working part-time, it was expensive. My database was limited to Michigan case law and statutes. But it was convenient because I could access it from my desk. Current? In this day, no one would call a quarterly update current. My niche practice in interstate jurisdictional controversies requires access to cases and statutes in all 50 states. Often I need copies of law review articles.

Later, I switched to the other name-brand legal research tool. This one was very expensive for a sole practitioner and my selected database was limited geographically. I was able “opt-out” of Michigan searches and do a search for other states—law review articles, treatises—all at an incredibly high price. One month, my bill from the service was over $700—all because an electrical storm had interrupted my law review search, I’d logged on three times, and I was billed $50 for each access and by the minute for each download.

Finally, along came TheLaw.net. This was an amazing find! At the time (2005 or 2006), it cost me $1/day! For that $1/day, I had access to law, statutes, court rules, rules of evidence, etc. from all federal and all state resources.

Networking | Essential for the Successful Lawyer

"Do as I say, not as I do!" I heard that phrase often when I was growing up. Thus, it wasn't until about ten years ago that I finally started networking. And even now--I work such long hours that I often miss out on opportunities for networking. There have been several important conferences that I've paid for and then not found the time to attend--for example. Conferences are a great place to make face-to-face contact with other lawyers who may refer work to you.

As a member of the Family Law Section of both the SBM and the ABA and an active author for ICLE, there are many conferences that I really shouldn't miss. The ABA Journal brings us an article from MyCase today about the importance of networking. You may read it here.

Protecting a Client's Confidential Information

The ABA Journal published today an article concerning an assistant prosecutor's faux pax when she hit "Reply All" when making a comment about a message that the defendant in a criminal case was too ill to attend her trial. Commenting to a colleague, she typed "Surprise, surprise." Although she immediately perceived that her comment might be interpreted as insensitive and tried to recall it, the recall failed. The offender drew a suspension without pay for 3 days and was taken off the team trying the case.

What does that have to do with protecting a client's confidentiality?

Legal Writing in Plain English

For the family lawyers who read my blog, here's a hat tip to Bryan A. Garner, writing in the ABA Journal on the topic of how important it is to pay attention to detail when drafting motions and briefs to be submitted to a court. Garner is president of LawProse Inc. and has been the editor-in-chief of all editions of Black's Law Dictionary since 1994. He is the author of Legal Writing in Plain English. 

In A Tale of 2 Associates: How polish and attention to detail can win the motion, Garner gives a real life example of the importance of writing and proof-reading effective motions and briefs. The article is well worth reading. Garner's advice is excellent.

Access to Wayne County, MI Civil Status Conference Scheduling Orders

The following announcement was sent to the State Bar of Michigan Family Law Listserv today. In order to preserve the ability to access this invaluable resource, I decided to put the information in Jeanne's Toolbox so that folks who missed this announcement may find it through a Google search.

The 3rd Judicial Circuit has developed a new way for you to access the Civil Status Conference Scheduling Orders through the Public Case Search function on the 3rdcc.org website.

The Civil Status Conference Scheduling Order can also be accessed at https://www.3rdcc.org/OPA.aspx.   Use the Court's Case Search to find the case, and then click on the hyperlink on the entry "Status Conference Scheduling Order, Signed and Filed".  You can view and/or print the executed Civil Status Conference Scheduling Order.

HIPPA Authorization | A Fillable PDF Form

Thank you Chaim Steinberger of New York City for this great tool. Chaim provided a splendid HIPPA Authorization form--a PDF fillable form. I've just put it in Jeanne's Toolbox.

For lawyers using this form, be sure to put your name and address in the line designating to whom the records will be sent. Also put your name on the line for authorization of discussion of the records. You may send this to your clients by email attachment and they can fill in the rest, print it, sign it and return it to you or take it to their health care provider. Download HIPPA Authorization Form (fillable)

Securing Payment of Legal Fees

Divorces, especially those having child custoday, parenting time and support issues can be complicated and also expensive.

Lawyers are often, if not always, reluctant to extend credit. However, many clients, especially young people, don't have the ready cash or the credit to pay up front or to pay-as-you-go. While installment payment plans may not be attractive to a lawyer, if the lawyer has security for payment, there exists a possibility to enter into an agreement for payments to extend over a period of time.

I have drafted two documents that I have [once] used for an installment payment plan when I had a case that I was passionate about seeing through and there was no other way to ensure payment. Feel free to download these Word documents and conform them to your use in your own practice.

Download Wage Assignment

Download Note for Unpaid Fees

 

Courts Citing to Wikipedia & Online Dictionaries of Slang

In an interesting piece in the New York Times, Leslie Kaufman writes: "The wheels of justice move slowly sometimes, but not, apparently, as slowly as Webster’s New World Dictionary." Given that courts must sometimes resort to dictionaries to define terms--as in, for example, determining legislative intent and the meaning of a statute--it is important to have these resources.

According to Kaufman, lawyers and judges are relying in this age of rap and slang upon a more informal source of definitions: Urban Dictionary, a crowdsourced collection of slang words on the Internet. [I challenge you: find "crowdsourced" in Webster's Dictionary!]

Kaufman writes that courts refer so often to Urban Dictionary and Wikipedia in legal cases that the law review of St. John’s University in Queens published an article in its Spring 2010 issue outlining "standardized rules" for the most appropriate uses of crowdsourced Web sites. The St. John's University article notes that it is neither appropriate nor necessary to use urban dictionaries or Wikipedia to define scientific terms and other technical definitions.

Son of Citation Machine | Easy, Proper Citations of all Kinds of Sources

 

 

 

 

Wow! What a cool item for Jeanne's Toolbox. "Son of Citation Machine" provides lawyers and professional researchers with a very easy way to cite the resources that they use in proper form. You may choose your "style"--MLA, APA or Chicago Book of Style (15th Ed.) Use this online citation creator to cite authorities in briefs, journal articles, books, etc.

Amendments to Michigan Court Rules

There were many changes to the Michigan Court Rules that became effective on January 1, 2013. Make sure that you are up to speed on these. The court rules with amendments are:

Rules 1.109, 2.107, 2.113, 2.114, 2.302, 2.518, 3.001, 3.218, 3.800, 3.901, 3.903, 3.930, 4.001, 5.101, 5.113, 5.731, 6.007, 8.108, and 8.119.

To review the SCAO memo regarding these changes, Download Order Michigan Supreme Court dated Oct 31, 2012 .

Dictionary Apps for iPhone, iPad

Hors d’oervres, thaumaturgy . . . can I spell those without looking them up? No. But on my iPhone or iPad, I can choose from several handy apps to help me. [Some of these are also available for Androids.]

One app is from Dictionary.com Dictionary and Thesaurus. It is free—so long as you are willing to put up with the on-screen ads. For $2.99, you can buy the ad-free version. Here’s how it works:

New Concerns About Privacy on Facebook

Is there a family lawyer out there who hasn't had a client clobbered at trial by a printout from a Facebook page? Facebook postings can be the family lawyer's nightmare and the divorce or custody client's downfall.

A recent article in the New York Times explores new privacy concerns for Facebook users. It's not enough to "un-friend" someone so that he or she cannot access the client's Facebook.  New technology can allow friends, enemies and strangers to access information on a Facebook page.

According to Sengupta: “One of Facebook’s cleverest heists is the word ‘friend.’ It makes you think all your Facebook contacts are really your ‘friends.’ They may not be."

Changes in Michigan Child Support Formula & New USO Forms

The new Michigan Child Support Formula 2013 takes effect on 1/1/2013. All orders entered after that period will use the MCSF 2013 and the new Uniform Support Order also becomes effective 1/1/2013.  William J. Bartels, Senior Management Analyst for the MI Supreme Court - State Court Administrative Office has highlighted for practitioners the following important things that you should know when calculating child support and using the new forms:

 * The new USO forms (rev 3/12) have two significant changes. 1) Rather than just reporting the average for all children spend with each parent, the overnights the payer spends with each child are recorded following the child's name and DOB. 2) The provision for prior orders is changing.  If a support provision is not written in a USO entered after 1/1, unchanged provisions from earlier orders no longer continue. (The 2013 MCSF Changes webcast  mentioned below includes information about the USO changes.)

Legal Research | What is Reasonable for Online Research Costs?

The ABA Journal reported on November 14, 2012 that many clients are balking at the costs billed for use of on-line database services. Back in the day, I used one of the BIG online services. I was billed at a rate for a solo practice. My contract allowed me to research the Michigan Court opinions and statutes. I was billed a premium cost if I went outside of the contract. The other 49 states, treatises, law review articles, etc. were all outside of my contract and the cost was not small. When my search of law reviews (at $50 per search) was interrupted  and I signed back on . . . there was an additional $50 charge. I billed my clients for the access charges, but not for my mistakes / problems (e.g., a dropped connection). One month my bill was $750 because I had done some very complicated research.

According to the ABA Journal,

"With clients increasingly primed to demand discounts, balk at hourly rates and refuse to pay for associate lawyers, a greater number of law firms have found themselves absorbing legal research costs as a way to shrink their clients’ tabs."

More Internet Safety Resources

Thanks to Rebecca Henry, Deputy Chief Counsel, ABA Commission on Domestic & Sexual Violence for these wonderful collections of resources expanding on Internet Safety for Men, Women and Children:

Safety & Privacy in a Digital World by the National Resource Center on Domestic Violence (September 2012) provides information and resources to support the safety and privacy of those who may or do experience technology-assisted abuse. It reviews the ways in which technology can be misused, offers tips for enhancing data security and personal privacy, and explores considerations for advocates and organizations serving survivors of abuse.

The Technology & Confidentiality Resources Toolkit by NNEDV's Safety Net Project, The Confidentiality Institute, and the U.S. DOJ Office of Violence Against Women (2012) can be found on the VAWnet.org website. Click on the Internet Explorer icon to view.

Protecting your Email, Accounts, Etc. with Secure Passwords

One of the first things I tell new clients is that they should change passwords on their email account(s) to avoid the potential that their spouse, former spouse or others will be able to access and read confidential attorney-client communications. This is particularly important when spouses share the same computer or the same home network.

In the November 7, 2012 issue of the New York Times, Tech writer Nicole Perlroth writes:

Not long after I began writing about cybersecurity, I became a paranoid caricature of my former self. It’s hard to maintain peace of mind when hackers remind me every day, all day, just how easy it is to steal my personal data.

More recently, I received a text message from Google with the two-step verification code for my Gmail account. That’s the string of numbers Google sends after you correctly enter the password to your Gmail account, and it serves as a second password. (Do sign up for it.) The only problem was that I was not trying to get into my Gmail account. I was nowhere near a computer. Apparently, somebody else was.

Practicing Law in Shariah Courts | A Valuable Resource

The American Bar Association has published a new resource that will be helpful for those lawyers practicing in locales with clients whose marriages have been contracted according to Shariah law. The book is titled Practicing Law in Shariah Courts: Seven Strategies for Achieving Justice in Shariah Courts. It describes the Shariah courts of Northern Nigeria, and offers advice for counsel practicing in Shariah courts worldwide, particularly in cases involving women. The author, Hauwa Ibrahim, is entering her fifth year at Harvard University. Prior to joining Harvard Divinity School Ibrahim was a Radcliffe Fellow and was a jointly appointed Fellow to the Human Rights Program and the Islamic Legal Studies Program.

Ibrahim provides valuable insight into practicing law in Shariah courts, and answers some questions that arise from being on the field, and also from her experience of seeking justice under these laws both legally and spiritually. Ibrahim discusses the delicate and flexible boundary between the rule of law and individual interpretations of Shariah Law that may unjustifiably cause individual and social ills.

Michigan | Database | Average Wages & Income

Often as lawyers seek to establish what the potential for a child support award will be, they need to know what the usual income is for a particular kind of worker. The Michigan Department of Technology, Management and Budget maintains a website. There you will find databases for the typical incomes earned in Michigan by people skilled in a certain occupation.

Here is the link to this information. There are other, more detailed reports available from this page.

Long-arm Statutes as a Basis for Personal Jurisdiction

On my way to the forum . . . [in today's parlance, "while surfing the Net"] . . . I found a terrific resource. It won't have application to my practice, but to those of you who also practice business or tort law, you will find this invaluable.

See Long-Arm Statutes: A Fifty-State Survey, published by Vedder, Price, Kaufman & Kammholz, P.C., a law firm with offices in Chicago, New York and Livingston, New Jersey.

Download Long Arm Survey here.

Subpoena Telephone, Facebook, Twitter Records

A colleague, Mary G. Falcone, family lawyer in West Bloomfield, Michigan, posted a download on the State Bar of Michigan Family Law Listserv today with contact information for subpoenas to various telephone and social media sources. Thank you, Mary. The information comes from the  North Calorina Indigent Services Office. Note the reference to a North Carolina Ethics Opinion regarding service of a subpoena in another state. It is possible, in Michigan without any cost, to "domesticate" a subpoena.

Therefore, it may be necessary to find a colleague in the state where the subpoena is to be served to first domesticate it. Download Telephone, social media subpoena_guide here.

Court Battle over Twitter Subpoena

First they came for the email account content, then the Facebook content, and now lawyers are after Twitter content. The question becomes "Who owns the Tweets?" Although this case doesn't involve family law issues, the prospect remains that the decision could impact family law cases.

Twitter says that its users own their tweets, and all that personal information. The court says Twitter does, and should hand them over when subpoenaed. This week Twitter has filed an appeal to New York Supreme Court, the second time it's filed a motion in this case.

Bottom line: Twitter says that it makes it clear in its terms of services that users own their content and they have "a right to fight invalid government requests," i.e. subpoenas.

Cell Phones | Lost & Found

A friend called the other day, sad that she'd lost her cell phone. That reminded me of an entertaining blog post in the NY Times last week: Where Is David Pogue’s iPhone?  Pogue lost his iPhone on an Amtrack train. Demonstrating the power of social media, David sent out a Tweet. Demonstrating that New Yorkers do sometimes engage in random acts of kindness, lo and behold, a massive Twitter campaign located David Pogue's iPhone.

Today, David Pogue explains how to set up your iPhone (mind you, you've encrypted it so that no one can read your data), so that you can actually find it. All you need is a free iCloud account and some techie capability. You may read How to Make Your Lost Phone Findable online at the New York Times.

Legal Writing | Fit or Flabby?

Thanks to Elizabeth Sadowski for this great tool for legal writers. Nothing irritates trial judges more than a brief that is too verbose and is otherwise poorly written and/or organized. Because our trial briefs are our first opportunity to explain the facts of the case and the applicable law, nothing could be more important than making sure that the trial brief doesn't simply annoy the judge or referree. A succinct statement of the chronology and a brief explanation of applicable law will make a great first impression. Liz wrote on the State Bar of Michigan's Listserv yesterday:

I ran across this interesting  piece on writing skills for academics (that means us, I believe) on the State Bar’s Newslinks page. It’s an article about Prof. Helen Sword,  who wrote two books on academic writing, The Writer’s Diet and Stylish Academic Writing.

Professor Sword posted a free on line tool to test whether your writing is “fit” or “flabby”.  Give it a try, if you like. [I just copied and pasted part of a brief into notepad to remove the Word elements that interfere with html. I excised quotes from cases I cited so that I was testing only my own writing.]

Legal Writing | Fit or Flabby?

Thanks to Elizabeth Sadowski for this great tool for legal writers. Nothing irritates trial judges more than a brief that is too verbose and is otherwise poorly written and/or organized. Because our trial briefs are our first opportunity to explain the facts of the case and the applicable law, nothing could be more important than making sure that the trial brief doesn't simply annoy the judge or referree. A succinct statement of the chronology and a brief explanation of applicable law will make a great first impression. Liz wrote on the State Bar of Michigan's Listserv yesterday:

I ran across this interesting  piece on writing skills for academics (that means us, I believe) on the State Bar’s Newslinks page. It’s an article about Prof. Helen Sword,  who wrote two books on academic writing, The Writer’s Diet and Stylish Academic Writing.

Subpoena AT&T Records

Thanks to my friends Elizabeth Sadowski of Rochester Hills, Michigan and Marshal Willick of Las Vegas, Nevada for this helpful link to an online request by subpoena for AT&T records.

See:    https://contact.bellsouth.com/subpoena/

Legal Research | Online Database Services

When is the last time you held a law book in your hands? For me, a sole practitioner, it was about 1996. Prior to that, I had the West Michigan Digests and some treatises--books to help me out in the middle of the night if I awakened with a deep concern about a case. [Home office disavantage!] I could read the cases at the courthouse. Then I had Lexis, then West Law online. When I moved in 2006, I gave my entire library (except for my ICLE books) to a young lawyer I was mentoring.

I use TheLawNet and I supplement with volumes from the Institute for Continuing Legal Education at University of Michigan--the online versions that are keyword searchable. We all learned keyword search--with digests, etc. at law school. As a member of the Law Review at Detroit College of Law, I had unlimited access to LexisNexis, and refined my skills at Boolean research to the point that I can reduce a search on any database from 2 million (for example) to 12. [See a tutorial on Boolean research here.] But I have chosen TheLawNet as my online database legal research tool for several reasons.

Free Document Conversion Tools

Now you can put to good use some of your tax dollars. The U.S. National Library of Medicine's (NLM) document conversion tools make the exchange and use of electronic information easier for librarians, library users, and the general public. The DocMorph Web site and MyMorph software are two free conversion tools that allow users to convert more than 50 types of files into alternative, usable formats. DocMorph allows users to convert files one at a time into PDF, TIFF, or text through their Web browsers. In addition, NLM has created a mashup using DocMorph and Google Language Translation, which permits DocMorph users to translate uploaded files into many languages.  This extends the file types translatable by Google to include scanned image files (e.g., image PDF, TIFF, and JPEG2000).

The downloadable MyMorph client software replaces the browser for the case where users need to mass migrate files to PDF, TIFF, or text. You can download the DocMorph and MyMorph here.

Protecting Law Firm Data From Security Breaches

I read an illuminating article in the ABA Law Practice Management Magazine about protecting your law firm data from security breaches. Some of this was basic, but most of the information related to safe cloud-computing and protection from hackers, an ever-increasing threat. Much of the information will be relevant to clients as well. Computer security is always on the checklist of items to be covered in my office with new clients.

You may read this valuable article here. John W. Simek and Sharon D. Nelson, Esq., Preventing Law Firm Data Breaches, Amer. Bar Assn Law Practice Management Magazine, Volume 38 Number 1 (2012).

Hat-tip to Paula Alyward of Marshall, Michigan, an ABA colleague, for calling this item to my attention.

 

Permission to Travel Letters | International Travel with Minor Children

Thinking about traveling during your child's next school vacation period across international borders? Be prepared. Not only will you need your child's passport, if you are traveling without your child's other legal parent, you'll need a Permission to Travel Letter.  Download Permission toTravelConsentLetter

A child departing from the United States and other countries, traveling with only one parent, a guardian, grandparents or other adults must have a written and notarize Permission to Travel Letter from both legal parents or legal guardians to enter many countries. In fact, if the child is on a cruise ship, the child will need such a letter to participate in shore excursions. Download Permission toTravelConsentLetter

Minors traveling in groups:  Sometimes, minors under 18 leave the United States with school groups, teen tours, or friends on a vacation. Minors traveling with sports teams and academic study programs must have a similar Minor Consent to Travel form.

Dictation on Smart Phones

Many users of iPhones and Android phones are unaware that their phones come with dictation features. WSJ's Personal Technology Columnist Walt Mossberg tests out this little-used feature of smartphones and finds it works surprisingly well for composing hand-free text. For all of us out there looking for a good way to save time and generate documents more easily, have a look-see at Mossberg's comments. He says:

I am writing this paragraph on an iPhone. But I am not typing it on the phone's virtual keyboard. I am dictating it using a little-known feature that allows you to employ your voice, instead of your fingers, wherever text entry is possible on the device.

Read the column here: Take a Note: Typing With No Hands. Mossberg, Walter S., Wall Street Journal, April 11, 2012. See his interesting video here:

Step by Step Guide for using the Hague Service Convention

Today's guest author is Pamela Brown, a legal services lawyer in Texas. Many lawyers are asking recently about how to serve process on someone who resides outside of the United States. Ms. Brown has some practical and valuable advice. She says:

Last year, I prepared and disseminated an elaborate step by step guide as to how to properly and practically serve a defendant/respondent residing in Mexico via the Hague Service Convention ("HSC"). I noted then that while the Convention itself provided a rather streamlined process for accomplishing service in its signatory countries, some countries, including Mexico, had essentially disregarded parts of the treaty and required attorneys requesting service of process within their borders to jump through several hoops not contemplated by the Convention as drafted.

Well, I am happy to report that the Permanent Bureau of the Hague Conference on Private International Law was also keen to the problems associated with some its signatory countries' implementation of the treaty and has been taking some steps to remedy the situation. Fortunately, Mexico is among the countries embracing the Permanent Bureau's recommendations.

Scott Bassett Reviews MS Office on iPad

There are many apps that let you open and edit Microsoft Office (Word, Excel, and PowerPoint) files on an iPad.  I use Documents to Go Premium mostly because I have been using a version of this app since I carried a Palm OS device in the 90's, but there are several other choices.  As handy as they are, these apps do not provide the entire Office feature set.  For example, I often use PowerPoint files with embedded audio or video or complex transitions when I teach at CLE seminars or law schools.  For the most part, those advanced features are lost when I open a PowerPoint file in one of the many iPad apps that allow you to open, create, and edit basic Office files.  Also, key features in Word such as the all-important Tracked Changes don't work with most iPad apps that claim MS Office file compatibility.  What if you want (need?) to use your iPad as full-featured tool to create and edit Office files?

Interesting Calculators

Have you ever needed to know what time it is in another country? Here's a link to a terrific website that allows you to convert your time into the time in many, many US and/or foreign cities. Time Difference Calculator.

But there is much, much more. Create a customized calendar here. There is a calculator here to for the distance from one place to another. Explore the website. There are many valuable tools here.

Free PDF Creator

Thanks to Elizabeth Sadowski, Oakland County, Michigan family lawyer for this neat tip! She has provided the URL for download of a free PDF creator. The free PDF creator is, however, a 30-day trial and then you need to pay for it.

This PDF creator has some very special features. The Nitro PDF Creator, among other things, does the following:

Creates the ideal PDF

Choose from predfined creation profiles — Web-ready, Office-ready, or Print-ready — or choose your precise settings. The PDF creation is integrated with Windows in a drag-an-drop feature, so it converts files faster into PDF documents and does it straight from any folder.

Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents

You have a case in which you need to serve a party who lives in a foreign country. You need to know about the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters.  According to an article written by Mark A. Canizio and Jessica Y. Singh for the New York Law Journal (August 27, 2010):

"Extending for more than 4,000 miles, the Silk Road used to interconnect a network of trade routes across the Asian continent with the Mediterranean world as well as Africa and Europe. The Silk Road once used to transport foreign goods, especially luxuries such as satin, spices, medicines, jewels, and of course, silk, from other parts of the world. Undoubtedly, "the world was getting smaller" then.

Scott Bassett Reviews & Recommends iPad and Apps for Mobility

I've had my iPad 2 since July of 2011.  My first trip with it was to the Family Law Section's Summer Conference on Mackinac Island.  It is a great travel device.  I also use it regularly in my appellate practice to read and annotate trial transcripts and the rest of the trial court file (scanned to PDF, of course).  I've tried several PDF annotation apps such as PDF iAnnotate, but lately have been using Notability for that purpose.  Documents to Go Premium handles viewing and editing MS Office documents.  I use SugarSync to transfer and sync my case documents from my PC to my iPad.  It works very well and I've never found the 16 GB storage (mine is the cheapest iPad 2 model) to be a limitation.  Lately I've been leaving paper behind when I fly up for appeal arguments and just sync the case file, including briefs, to the iPad.

Leon Walker Case: Unauthorized Access of Email is a Felony

On December 27, in an unpublished decision, 2011 the Michigan Court of Appeals decided a case involving Leon Walker's unauthorized access of his wife Clara Walker's password-protected email account. Leon Walker does (or did) work for the Oakland County Information Technology Department maintaining and setting up computers. Following the preliminary hearing, the district court bound Leon over on two charges, one a violation of MCL 752.795, which prohibits fraudulent access to computers, computer systems, computer programs, and computer networks.
The district court found that Clara did not share her computer password with defendant, and defendant did not ask Clara for her information. The trial court said: “Gmail allows a user to create a password which creates an expectation of privacy and creates security for the user. It’s the user that decides who can have access to the information inside of the computer account, which in this case is like a vault.”

Facebook | Divorce & Total Recall

Well, Jane Smith, filing for divorce and asking for primary custody—you think you can avoid some of the stupid things you posted on Facebook a year ago? You think it might never see the light of day—those comments about how drunk you got—where you were, with whom, doing what? Guess again! And think about how Facebook will supplement your resume’ as you begin job-hunting. [See this blog article on Lexis-Nexis' use of Facebook in making decisions about whom to hire.]

Last Thursday (December 8, 2011), Facebook began updating Facebook accounts with a new and revamped profile feature called Timeline. Timeline allows a person with access to the account to see a user’s entire history of photos, links and other things shared on Facebook accessible with a single click. 800 million members of Facebook are about to see just how many digital fingerprints they have been leaving on the site — and on the Internet in general. This will make it more difficult to erase past identities, past comments, past bad behavior memorialized in a moment of sheer stupidity.