JUDY E. BREGMAN
I have recently retired from the part of my law practice where I represented individual clients. The one exception is civil appeals, where I will still have a role as an advocate in the litigation. I will also continue to consult with individuals who are not seeking active representation, but only advice. Otherwise, I intend to shift my focus to being a mediator and arbitrator, a role that requires neutrality.
The focus of my practice is domestic relations or family law. This is a broad category featuring a number of distinct but related subjects, including divorce and separate maintenance, child custody, parenting time, child support, and property division.
MEDIATION
Mediation is an increasingly Court-required alternative dispute resolution process. It occurs before trial, and involves the parties, their attorneys (if represented), and a mediator. The mediator is usually a lawyer. The mediator is either agreed upon by the parties, or in the absence of such agreement, appointed by the Court.
Mediation is intended to settle as many issues in a case as possible, in a more informal and time-effective way. Any issues the parties can settle are put in a written, binding mediation agreement. Anything else-including issues discussed but not settled-are confidential between the parties to the mediation.
The mediator’s fee is usually shared by the Parties.
ARBITRATION
Arbitration by the agreement of the parties substitutes for a trial in Court. An arbitrator is a lawyer who serves as a private judge for the parties in their case. The arbitrator hears testimony under oath, receives exhibits and other evidence, and the oral and written arguments of the parties. The proceedings are recorded, and the Rules of Evidence apply. The arbitrator issues a written opinion that is treated as if it was a court decision after a trial. Usually, a decision by an arbitrator, unlike that of a judge, is not appealable.
The arbitrator’s fee is the responsibility of the parties.
CONSULTATION
What many people seek is a disinterested review of what they are facing from a legal perspective. When I say disinterested, I do not mean uninterested; a disinterested view is one not colored or influenced by personal, financial, or other factors. I have advised many people in the years of my practice who did not necessarily need court representation, but did need help in navigating a complicated situation. What these people needed was a careful analysis of the facts involved, which often suggests a good course of action forward.
I provide consultation services at a reduced hourly fee.
CIVIL APPEALS
Representing clients from unfavorable decisions of a trial court in a civil matter (including divorce)is another long-established part of my practice. Appellate advocacy is not just another appearance; it has is own analytical, technical, and forensic requirements. The Michigan Court of Appeals, the Michigan Supreme Court, and the federal 6th Circuit Court of Appeals are all venues where I have enjoyed success.
Appellate work should not be thought of as another trial in a different courtroom. Appellate courts sit in judgment of trial court; almost all appellate judges or justices have been trial court judges in another life. The party seeking to have the trial court’s decision overturned must have more than hurt feeling disappointment to offer as a reason for appellate reversal of the trial court’s decision. I offer many years of successful experience representing clients in civil appeals cases at all levels of the state and federal appellate courts.
Civil Appeals Case Evaluation
Evaluating the appellate merits of a potential appeal is fundamental to advising a client well, and enabling the client to make an informed decision about whether or not to pursue an appeal. The evaluation includes not only reviewing the transcripts of the trial court proceedings, but also researching the strength or weakness of possible issues that could occur. The process also includes being familiar with the outlook of the particular judges who may assigned to the client’s panel (in the case of courts of appeal), or the justices currently serving (in a supreme court case), based on previous opinions.
Civil Appeals Requirements
A client may have the right to appeal, but perfecting that right is something else altogether. Each appellate court has its own unique rules about filing and format. Any violation of these requirements can result in delay or dismissal of the appeal. Increasing the probability of success on the merits, assuming the appellate court actually gets to the merits, includes a thorough familiarity with the myriad changing technical requirements (including E-filing). If a party’s brief is not filed timely, that party may lose the ability to make oral argument to the appellate court in addition to their brief.
