Working with a Michigan Law Firm
Before You Call: Working with an Attorney
Not every legal matter requires an attorney. Simple name changes, uncontested small claims under $7,000, and basic notarizations are tasks many people manage on their own. But when the stakes involve your home, your business, your children, or a significant amount of money, the risk of a misstep usually outweighs the cost of professional help. Michigan law is statute-heavy and procedurally specific. Missing a filing deadline, choosing the wrong court, or signing an agreement with unfavorable terms can create problems that cost far more to fix than an attorney would have charged upfront. A good rule of thumb: if the outcome could affect your finances, your family, or your freedom for years to come, consult with a lawyer before making decisions.
Bring everything relevant to your situation, even if you are not sure it matters. For a business question, that might include contracts, operating agreements, or correspondence. For an estate planning consultation, bring a list of your assets and any existing estate documents (wills, trusts, powers of attorney). For litigation or a dispute, gather the key documents: contracts, letters, photographs, police reports, insurance policies, or court filings you have already received. A written timeline of events is helpful. Also bring a list of questions. Attorneys expect you to ask about the process, the likely timeline, the range of possible outcomes, and fees. The more prepared you are, the more productive the meeting will be.
Most attorneys use one of three fee structures:
- Hourly rate: The attorney tracks time spent on your matter and bills you accordingly. You will typically pay a retainer upfront, which is a deposit held in a trust account; the attorney draws from it as work is performed and sends you periodic statements.
- Flat Fee: A single, predetermined price for a defined scope of work. This is common for predictable tasks like drafting a will, forming an LLC, or handling an uncontested real estate closing.
- Contingency Fee: The attorney is paid only if you recover money, typically a percentage of the settlement or judgment. This arrangement is most common in personal injury cases.
Michigan Rule of Professional Conduct 1.5 requires that all fees be reasonable, and the terms should be set out in a written agreement before work begins. Always ask about billing structure during your initial consultation.
Start with the nature of your problem, not the attorney’s title. If you are going through a divorce, you need a family law attorney. If someone is suing your business, you need a litigation attorney with commercial experience. If a family member has died and left an estate, you need a probate attorney. At a full-service firm like Conlin, McKenney & Philbrick, P.C., many situations involve more than one area of law. A real estate purchase might raise questions about entity formation, tax planning, and zoning compliance. A business succession plan often involves corporate law, estate planning, and sometimes employment law. One advantage of a multi-disciplinary firm is that these overlapping concerns can be addressed by attorneys who already work together, without the coordination delays that come from hiring separate firms.
Yes, and for complex matters, that is often the most efficient approach. Consider a business owner planning for retirement. The transaction might involve selling the company (corporate law), distributing the proceeds through a trust (estate planning), resolving an existing commercial lease (real estate), and structuring the sale to minimize tax exposure. If each of those tasks sits with a different firm, the client spends time and money making sure everyone is on the same page. A full-service firm handles that coordination internally. CMP Law has operated this way since 1937, with attorneys across every practice area who collaborate routinely on matters that cross disciplinary lines.
These titles reflect the attorney’s role within the firm, not the quality of their legal work.
- Shareholder: Sometimes called a partner or principal, a shareholder is an owner of the firm. Shareholders typically have extensive experience and carry leadership responsibilities alongside their caseloads.
- Associate: An attorney employed by the firm who is not yet an owner. Associate attorneys often work closely with shareholders and build expertise in specific practice areas.
- Of Counsel: A designation for an attorney who has a close, ongoing relationship with the firm but is not a shareholder or associate in the traditional sense. Of Counsel attorneys are often senior lawyers with deep expertise in a particular area.
All three titles indicate a licensed, practicing attorney; the distinction is organizational, not a measure of capability.
Timelines vary widely depending on the matter. A straightforward estate plan or business formation might be completed in a few weeks. A contested divorce in Michigan’s Family Division of Circuit Court can take six months to over a year. Civil litigation often stretches 12 to 18 months or longer from filing through trial, depending on the complexity of discovery, motion practice, and court scheduling. Your attorney should give you a realistic timeline at the outset and update you as the matter progresses. Factors outside anyone’s control, such as court backlogs, opposing counsel’s responsiveness, and the need for expert analysis, can affect the schedule. Regular communication between you and your attorney is the best way to avoid surprises.
Understanding the Michigan Legal System
Michigan operates under a unified court structure established by Article VI, Section 1 of the Michigan Constitution of 1963. The system includes several types of courts at different levels.
- District Courts handle civil cases with claims up to $25,000, landlord-tenant disputes, misdemeanor criminal cases, traffic violations, and small claims (disputes of $7,000 or less).
- Probate Courts handle wills, estates, trusts, guardianships, conservatorships, and mental health commitments. There are 78 probate courts across the state.
- Circuit Courts are the trial courts of general jurisdiction, organized into 57 judicial circuits. They handle civil cases exceeding $25,000, all felony criminal cases, and appeals from District Court. The Family Division of Circuit Court has exclusive jurisdiction over divorce, custody, paternity, adoption, and juvenile matters.
- The Court of Appeals is the intermediate appellate court, with judges sitting in three-judge panels across four districts.
- The Michigan Supreme Court, consisting of seven justices, is the state’s court of last resort and has discretionary jurisdiction over appeals.
- Michigan also has a Court of Claims, which handles lawsuits against the state, and a small number of municipal courts with limited jurisdiction.
All three are forms of alternative dispute resolution (ADR), but they work differently.
- Mediation involves a neutral third party who helps the disputing parties negotiate a resolution. The mediator does not make a decision or impose a result; the parties control the outcome. Mediation is governed by MCR 2.411 and MCR 2.412 in general civil cases, and by MCR 3.216 in domestic relations matters.
- Arbitration is more formal. An arbitrator hears evidence from both sides and issues a binding decision, much like a private judge. Michigan’s Uniform Arbitration Act (MCL 691.1681 et seq.) governs the process.
- Case evaluation is a process specific to Michigan courts under MCR 2.403. A panel of three attorneys reviews the case and assigns a monetary value. As of January 1, 2022, case evaluation is no longer mandatory in tort cases, and the cost sanctions for rejecting a panel’s award have been eliminated. The parties may opt for a different ADR process by stipulation.
The time limit depends on the type of claim. Under MCL 600.5805, the most common deadlines are: three years for personal injury, wrongful death, and property damage claims; two years for medical malpractice (with a six-month extension from the date of discovery, subject to a six-year maximum); two years for assault, battery, or false imprisonment; and six years for breach of contract, fraud, and most other civil actions under MCL 600.5807. These deadlines generally run from the date the harm occurred or, in some cases, from the date the harm was or should have been discovered. Certain circumstances can pause (“toll”) the clock, such as the plaintiff being a minor at the time of injury. Missing the filing deadline almost always means losing the right to bring the claim. Because the rules are specific and the exceptions are narrow, anyone considering a lawsuit should consult with an attorney well before the deadline approaches.
Case evaluation is a Michigan-specific ADR process in which a panel of three experienced attorneys reviews written summaries from both sides of a civil dispute and assigns a dollar value to the case. Before January 1, 2022, case evaluation was mandatory in tort cases filed in circuit court where damages exceeded $25,000. If a party rejected the panel’s award and then failed to obtain a verdict at least 10% more favorable at trial, that party could be ordered to pay the other side’s actual costs, including reasonable attorney fees. The Michigan Supreme Court amended MCR 2.403 effective January 1, 2022, making case evaluation optional rather than mandatory. The sanctions provision was removed. Parties can now agree to use a different ADR process, such as mediation or facilitation, as an alternative. If no ADR plan is stipulated, the court may still assign the case to case evaluation as the default process.
It depends on the type and size of the claim. The 22nd Circuit Court (Washtenaw County) handles civil cases involving more than $25,000, felony criminal matters, family law proceedings (through its Family Division), and appeals from lower courts. The 14A and 15th District Courts cover smaller civil claims ($25,000 and under), misdemeanors, landlord-tenant disputes, and traffic cases within their respective geographic areas in Washtenaw County. The Washtenaw County Probate Court handles wills, estates, trusts, guardianships, conservatorships, and related matters. Small claims, a division of District Court, handles disputes of $7,000 or less where parties represent themselves without attorneys. If you are unsure which court applies to your situation, an attorney can help you determine the correct jurisdiction and venue.
If you receive a summons and complaint, you are on a deadline. In Michigan, a defendant in a circuit court civil case generally has 21 days to file a responsive pleading (an answer or a motion) after being personally served, or 28 days if served by mail or outside the state, under MCR 2.108. Failing to respond can result in a default judgment against you, meaning the court may grant the plaintiff everything they requested without hearing your side. Read the documents carefully, note the deadlines, and contact an attorney promptly. Do not ignore a lawsuit, and do not contact the opposing party or their attorney to try to resolve it informally before you have legal counsel. An attorney will review the claims, advise you on your options, and file the appropriate response within the required timeframe.
The appeal path depends on which court issued the decision. Orders from District Court are generally appealed to the Circuit Court. Decisions from Circuit Court and certain other tribunals can be appealed to the Michigan Court of Appeals. For a claim of appeal (an appeal of right), the filing deadline is generally 21 days after entry of the judgment or order, under MCR 7.204. An application for leave to appeal, used when a right to appeal does not exist, must also generally be filed within 21 days of the order being challenged, under MCR 7.205. Appeals are decided by three-judge panels based on the written record from the lower court; the appellate court does not hear new testimony or consider new evidence. The panel reviews whether the lower court made legal errors, not whether the judges would have reached a different factual conclusion. If a party disagrees with the Court of Appeals decision, they may apply to the Michigan Supreme Court for leave to appeal, but the Supreme Court accepts only a small fraction of the cases presented to it.
About Conlin, McKenney & Philbrick
Conlin, McKenney & Philbrick, P.C. was founded in 1937 by Edward F. Conlin, John W. Conlin, and Albert Parker. The firm has operated continuously from Ann Arbor for nearly nine decades. Over that span, seven former partners have gone on to serve on the bench, including current Washtenaw County judges. The firm adopted its current name in 1982.
CMP Law offers legal services across multiple practice areas, including Business and Corporate Law, Estate Planning, Probate and Trust Administration, Family Law, Employment Law, Insurance Defense Litigation, General Civil Litigation, Municipal Law, and Real Estate.
Yes. While the firm is headquartered in Ann Arbor, CMP Law attorneys regularly handle matters throughout Washtenaw County, across Southeast Michigan, and statewide. Depending on the practice area, the firm also handles matters in other states and, in some instances, internationally. Litigation attorneys have tried cases in courts across Michigan, and the firm’s transactional attorneys serve clients whose business operations extend beyond the state’s borders. The firm’s primary geographic focus remains Ann Arbor, Washtenaw County, and the broader Southeast Michigan region, including communities such as Dexter, Chelsea, Saline, Ypsilanti, and Plymouth.
(Consultation policy to be confirmed by the firm. Placeholder: CMP Law offers [free / reduced-rate / paid] initial consultations for [all practice areas / specific practice areas]. During this meeting, an attorney will review your situation, discuss your options, and explain the likely process and fee structure. To schedule a consultation, call (734) 761-9000 or use the contact form on our website.)
You can reach Conlin, McKenney & Philbrick, P.C. by phone at (734) 761-9000, or through the contact form on our Contact page. If you are unsure which attorney or practice area fits your situation, the firm can direct your inquiry to the appropriate person based on your needs.
Three things stand out. First, longevity and institutional depth. We have been in continuous practice since 1937, with attorneys working across every practice area. That scale allows us to handle matters that cross disciplinary lines without referring clients to outside counsel. Second, community roots. Our attorneys serve on the boards of organizations like the Ann Arbor Area Community Foundation, the Washtenaw County Bar Association, and Legal Services of South Central Michigan. We earned the State Bar of Michigan’s highest Pro Bono recognition and were named to the Access to Justice Fund’s Founders Society. Third, a track record of producing leaders. Seven former partners have served on the bench, a reflection of the caliber of attorneys we have developed over nearly nine decades.