Contact us a day or two before your Court date to confirm the date, place and time. Court schedules sometimes change on short notice. We will, of course, keep you closely informed.
Dress comfortably, and in a way that reflects respect for the importance of the proceeding. Most judges allow for the fact that people in different situations and backgrounds have business in Court. Some Courts have "dress codes", or minimum standards such as no jeans, shorts, tank tops, etc. It is not necessary to "overdress" either.
Most Courts will require that you pass through a metal detector to enter the building. Some publish lists of prohibited items on their website. Some do not allow phones at all, most do not allow phones with cameras. Leave anything which might remotely be used as a weapon behind. Do not argue with the security officer should he/she tell you that something in your possession is not allowed. Bottom line, "traveling light" may avoid adding unnecessarily to the general stress of being in Court. Besides, it can be a long, cold walk back to the car if you are running late.
Bring copies of pertinent papers, including information containing your case number, and the building and room where you need to appear.
Write down where you parked.
Be on time. Communicate if you run late.
ESTATE PLANNING
What are the benefits of a revocable living trust ? This popular estate planning procedure can be used effectively to "avoid probate", and for higher income persons, as a tax planning technique. In some ways, creating a revocable living trust is similar to investing all of your assets into a company, over which you retain control during your lifetime.
The person creating the trust, called the "Settlor and Initial Trustee", appoints a "Successor Trustee" to "take over" after his/her death, with specific instructions as to how to dispose of the "company property". If the Settlor transfers all of his/her property into the trust ("funding the trust"), when he or she passes away , the trust assets may be distributed (or the trust may be continued), according to the written terms, and without the need for probate administration.
FAMILY LAW
Can spouses use the same attorney to get divorced ?
Despite some myth to the contrary, the answer is ABSOLUTELY NOT, even if the parties believe they have an agreement on all issues. Doing so is a conflict of interest, which may jeopardize the validity of a divorce decree or property settlement. Michigan Rule of Professional Conduct 1.7(a) prohibits representation of opposing parties in litigation. Loyalty is an essential element in our relationship to clients. This duty cannot be fulfilled if it is owed to persons who have, or even appear to have adverse interests.
SMALL CLAIMS
What are the pros and cons of "small claims court" ?
"Small claims court" is actually a division of each District Court, and may be used to collect debts up to $ 3,000.00. These proceedings are governed by Michigan Compiled Law 600.8401, and Michigan Court Rule 4.301, and must generally be brought in the District Court where the Defendant resides or conducts business.
District Courts provide forms and instructions for filing small claims cases. Some things to consider:You will generally receive your "day in court" sooner in the small claims division. By proceeding in the small claims division, you waive certain rights, including the right to an attorney, the right to a jury trial, and most rights of appeal. Prior to the trial, either party may demand that the case be "removed", and placed on the general civil docket, where the rights to counsel, jury trial and appeal apply. It is your responsibility to properly notify ("serve") the opposing party; to issue and serve subpoenas if you need to compel a witness(es) to attend Court; and to file a "Proof of Service" with the Court prior to the trial. It is important that you know the correct name, address, and type of entity (individual, partnership, corporation, etc.) of the party that you wish to sue. You will need to pay a fee to file the case.