FACULTY ADVANCING THE MISSION

Cristina D. Lockwood, Professor of Law, “The Presence of Justice”: A Call to Expand the Humanitarian Exception in ABA Model Rule of Professional Conduct 1.8(e), 36 Notre Dame J.L Ethics & Pub. Pol’y 65 (2022)

Abstract

The American Bar Association amended Model Rule of Professional Conduct 1.8(e) to allow attorneys to give gifts to indigent pro bono clients. Although an important step that increases access to justice for the most vulnerable, it is too restrictive. People with meritorious claims but modest means are often forced out of the judicial system because they cannot afford basic necessities during protracted litigation. As states begin contemplating whether to adopt the new ABA amendment, this paper urges them to consider a broader humanitarian exception. Specifically, states should adopt a rule that allows attorneys to give or loan money to any existing litigation client in a financial emergency for basic necessities so that the client can withstand litigation.

In support of this broader humanitarian exception, the paper initially establishes that it is the law profession’s responsibility to provide meaningful access to justice, and that this ideal is not being met. It then chronicles the history of Rule 1.8(e), pointing out that lawyer financial assistance for living expenses was allowed until the ABA ended the practice. It also categorizes the varying amendments to Rule 1.8(e) that a few states have adopted that allow attorneys to help clients stay in the system. It then highlights the problem of corporate defendants, mainly insurance companies, that draw out litigation because they have a financial incentive to do so, and why third-party consumer finance with its exorbitant interest rates and high fees is not a viable substitute for attorney financial assistance.

Throughout the paper comparisons are made to other model rules of professional conduct that address similar, and often more severe, conflict concerns. These rules, which often benefit lawyers, regulate as opposed to ban the situation that could lead to a conflict. Thus, the proposed broader humanitarian exception regulates attorney financial assistance to clients for living expenses. It is based on state variations to Rule 1.8(e) and previous proposals by the drafters of the Restatement and Model Rules. It is limited to address conflict concerns but broad enough to allow practicing lawyers to follow their natural humanitarian instincts, fulfill their roles as protectors of all clients’ interests and of an equitable legal system, and not risk disciplinary action as many have, and would be willing to do, to help a client in need.

JAMES T. BARNES SR. MEMORIAL FACULTY SCHOLAR AWARD

Stephen Wilks, Associate Professor of Law, is the 2022 recipient of the James T. Barnes Sr. Memorial Faculty Scholar Award. Each year, a full-time faculty member is chosen to receive this award based on scholarship, teaching excellence, and public service.

Professor Wilks’s research interests explore themes of governance and regulation within business and transactional spaces. He teaches Cross Border Sales and Financing, Business Organizations, and Secured Transactions in Detroit Mercy Law and Windsor Law’s Canadian & American Dual JD Program.

In addition to managing teaching responsibilities that have him instructing almost 100 students, Professor Wilks has published four articles and two book chapters over the past two years and is working on two more manuscripts he plans to complete this year.

He was also chosen for this award because of service to the School of Law and the wider University community on many committees that benefit all.

Judge Arthur J. Tarnow (1942-2022)

Story by Gary Maveal

Portrait by Artist Carole Kabrin ( “Ya Gotta Have a Sense of Humor”)

The City of Detroit and our Law School lost a legend with the passing of US District Judge Arthur J. Tarnow in January 2022.

As an adjunct faculty member at Detroit Mercy Law in 1970 and from 1980 to 2009, Judge Tarnow was known to most students in his Criminal Procedure courses. He was preeminent in the field, having long served as director of the State Appellate Defender Office in Detroit before entering private practice in criminal defense and post-conviction remedies. Judge Tarnow was well-known for his dry sense of humor in the classroom, but even more so for instilling in students an appreciation of the important work of representing the indigent accused.

After appointment to US District Court for the Eastern District of Michigan in 1998, Judge Tarnow created and taught a seminar for several years, The Role of the Judiciary in Contemporary Society.

Several law alumni who had the opportunity to serve as Judge Tarnow’s law clerks cherish special lessons from the experience. Rita Foley '99 recalled his abiding concern for the wellbeing of others, be they litigants, his staff, or the homeless on the street. Patricia Selby '06 was similarly impressed by his genuine humanity and humility as a federal judge. A third alum, Richard Rockwood, also clerked for Judge Tarnow and sadly passed away in 2008. Judge Tarnow’s work enhanced the education of a generation of our law students. The Law School is sincerely grateful for his contributions.

Browne C. Lewis (1962-2022)

Story by Grace Henning

Browne C. Lewis, Dean of North Carolina Central School of Law, passed away on June 2, 2022. Dean Lewis was a member of the Detroit Mercy Law faculty from 2003 to 2007. In 2005, she was awarded the James T. Barnes, Sr. Memorial Faculty Scholar Award, an award given each year to a faculty member in recognition for their excellence in scholarship and teaching and public service.

Dean Lewis was an accomplished legal scholar and attorney whose contributions to the field will be felt for many years to come. She was dedicated to advancing justice and supporting law students and young lawyers who will continue her legacy of excellence.

In an interview in March 2022 with Attorney at Law Magazine, Dean Lewis said “The key value I want to imprint on the law school is overcoming the impossible through hard work, perseverance, and tenacity. It is important to overcome adversity and realize that you can accomplish any goal even if you do it in bite-sized pieces. I’m one of 12 children from a family in a small country town in Louisiana. I grew up knowing that you have to persevere, overcome adversity, and keep pushing forward. Likewise, NCCU School of Law is one of only six HBCU law schools in the country. We’re the underdog pushing forward.”

Dean Stephen A. Mazurak (1944-2022)

Story by Nickolas Kyser

This is not intended to be a definitive appraisal of Stephen Mazurak. It’s one person’s reminiscence of a friend. Steve and I joined the faculty of University of Detroit School of Law in 1980. Also arriving that year were Leon Lysaght, Jacquie Hand, Lea Vaughn and Karen Spector. Unlike the others on that list, Leon was not new. He had been at University of Detroit for several years and was returning after several years with the University of Windsor Faculty of Law.

Steve was never given to blow his own horn. One measure of this is that I never knew until I read his obituary that he had been Phi Beta Kappa, or that he was valedictorian of his law school class.

At some point early in our teaching careers, Steve and I became aware that we were both fond of the Muppets and particularly of Statler and Waldorf, the two old geezers in the balcony. At many a faculty meeting, there would come a point when one of us would turn to the other and ask, “Why do we always come here?” The other would of course reply, “I guess we’ll never know. It’s like a kind of torture to have to watch this show.”

In our second semester, Dean Carl Selinger announced that he was leaving to become dean at West Virginia, and the faculty had to choose an acting dean for 1981-82. Steve was elected despite his recent arrival at University of Detroit, and I served with him on the search committee that brought Bernard Dobranski to the school. After eight deans in the previous twelve years, Bernie’s 12-year tenure was a time of stability. In 1996, Steve was once again selected acting dean, largely because he was seen as the person who could best build bridges. This time, Steve became the permanent dean, serving until 2002. Steve’s second term as dean led to his meeting Cynthia Zane, then the dean of the College of Health Professionals at Detroit Mercy. To make a long story much too short, Steve and Cynthia lived happily ever after and formed one of the loveliest blended families anyone has ever seen.

After stepping down from the deanship, Steve returned to teaching labor law and contracts. I had the pleasure of sharing a contracts class with him in a year when each of us was on leave for a semester. Like just about everyone else who knew Steve, I will miss him greatly.

Remembrance

With deepest sympathy to the family and friends of alumni who passed away from July 20, 2021 to August 5, 2022

DEAN D. ALAN '78

JOHN W. ANHUT '51

JOHN N. ATKINSON '54

GARY M. BRADENBURG '78

RANDALL D. BRYANT '71

HOWARD J. BUECHE '51

THOMAS J. CAVANAUGH '72

CLARENCE R. CHAREST '77

MICHAEL JAMES CONCANNON '92

WILLIAM J. COYLE '65

BRUNO F. DOMZALSKI '79

JOHN D. FAIRCHILD '62

JAMES R. GANNON '57

FREDERICK K. GEISSLER '76

EUGENE A. GORETA '69

JOHN R. HARRISON '54

JAMES J. HAYES '80

EDWARD J. HOORT '75

TERRENCE E. KEATING '63

JACK E. KERR '51

THOMAS P. KLIBER '83

RICHARD W. KOCHANSKY '70

ANDREW P. KWYER '93

ARTHUR H. LANDAU '68

BRIAN LAVAN '65

JAMES W. LAVIGNE '70

THOMAS R. MCASKIN '73

H. KEITH MILLER '67

CHARLES B. MOSIER '57

MARY KATHERINE NORTON '80

CHRISTINE D. OLDANI '75

CAROL P. PATTON '83

ANGELO A. PENTOLINO '53

MARISA C. PETRELLA '83

RANDOLPH P. PIPER '73

JOHN J. POVLITZ '51

EUGENE T. QUAIL '63

BLAISE A. REPASKY '73

ROBERT JOSEPH RHEAD '66

ROBERT J. RILEY '75

GEORGE H. RUNSTADLER '73

ROBERT A. SAJDAK '77

WILLIAM F. SCHELL '73

WILLIAM D. SHAILOR '81

JAMES SHARKEY '58

JOSEPH M. SNOW '75

BOLESLAUS I. STANCZYK '57

TIMOTHY FRANCIS STOCK '62

BERNARD E. STUART '58

JAMES A. SULLIVAN '66

WILLIAM A. SUTHERLAND '94

RICHARD M. THOMAS '80

RUDOLF F. UHLAR '77

DANIEL M. VIOLANTE '49

DANIEL F. WALSH '58

WILLIAM J. YOB '77

I AM THRILLED TO BEGIN MY SECOND YEAR AS ALUMNI BOARD PRESIDENT.

It is is my pleasure, along with the Board of Directors, to represent the more than 9,000 Detroit Mercy Law alumni around the globe and connect with our many friends and supporters.

The Alumni Board has had many successes over the past several years, including: creating and endowing the Detroit Mercy Law Alumni Board Endowed Scholarship; creating the Alumni Council–a board of recent Law School alumni; ensuring that programs and services provided to our alumni meet their current needs by revising Alumni Board By-Laws, Committee Structure, and Membership; and hosting our annual networking event: Erin Go Law, which was so special this past year as it provided an opportunity for our community to reconnect in-person after “seeing” each other virtually for far too long.

The Alumni Board looks forward to continuing to build upon these successes, and we hope you will join us in this mission.

Throughout the coming year, the Alumni Board will lead several initiatives designed to raise funds as we continue to invest in the future of legal education at Detroit Mercy Law. A financial investment in current students will help mitigate their debt and provide tangible support as they navigate their future. We hope you will share your experiences by engaging with admitted students to encourage their choice of Detroit Mercy Law, serving on job-related panels, or mentoring current students.

We sincerely hope you will join us at an event, program, or lecture in-person this academic year. The presence of alumni and friends means so much to the school. The members of the Alumni Board are here to serve you, and I invite you to join us for the exciting year we have ahead.

The Board and Council are looking forward to the upcoming year, and we are hoping to see many of you at events in and around the Law School.

Kyle R. Dufrane '98 President Detroit Mercy Law Alumni Board

2022-2023 DETROIT MERCY LAW ALUMNI ASSOCIATION BOARD OF DIRECTORS

KYLE R. DUFRANE '98 PRESIDENT

HON. MICHAEL J. RIORDAN '90 PRESIDENT EMERITUS

GREGORY G. THIESS '79 VICE PRESIDENT

AHNDIA MANSOORI '18 CO-SECRETARY

KRISTIN E. FERNANDEZ '19 CO-SECRETARY

KR ISTOFFER BUTLER '19

REBECCA EL BADAOUI '20

YAFEEZ S. FATABHOY '18

BERN ARD J. FUHS '06

MARCO GATTI '10

JEWEL HAJI '19

KENNY HEMLER '07

HON. TERRANCE A. KEITH '84

JON MONTEVILLE '21

CHRISTINA NASSAR '10

MYLIKA RADFORD '13

KORY STEEN '18

JAMES E. TAMM '85

MACIE D. TUIASOSOPO GAINES '13

MATTHEW L. VICARI '90

ADAM M. WENNER '11

MARK A. WISNIEWSKI '90

JUSTIN ZATKOFF '14

2021-2022 ALUMNI COUNCIL

MICHAEL “MICKEY” CHICHESTER JR. '07

DEJA DAVIS '21

AHMAD S. MAZLOUM '19

ASHLEY M. POPIEL '20