Daily Briefs

Detroit high school students to argue case in moot court

The Michigan Supreme Court Learning Center’s “Exploring Careers in Law” program will conduct a one-day moot court experience in Detroit for rising 10th graders through 2023 graduates on Friday, July 28, from 9 a.m. to 3 p.m. at the Coleman A. Young Municipal Center, 2 Woodward Avenue.

In this one-day program, students will learn about the legal questions in the case before they outline and present their arguments in a courtroom guided by law students, attorneys, and court staff.  Activities will also include guest speakers, small group discussions, and practice sessions.

In the moot court’s slip-and-fall case, the plaintiff sued, claiming she slipped and fell on snow-covered ice at the defendant’s gas station. Was the condition “open and obvious,” meaning an average person would have discovered it with a casual inspection? If so, the defendant automatically wins. Or was it dangerous because the condition was effectively unavoidable? Then, the plaintiff can continue her case. The decision could change the outcome of this case and all similar cases in the future.

The “Exploring Careers in Law” program offers an opportunity for high school students to learn about the judicial system and develop important reasoning and presentation skills.

Anyone with questions about the July 28 moot court may email Rachael L. Drenovsky at drenovskyr@courts.mi.gov.

 

Professional Ethics Committee approves digital property opinion

A new ethics opinion provides additional guidance regarding the extent of lawyers’ obligations to safeguard digital property under MRPC 1.15(d).

The State Bar of Michigan’s Professional Ethics Committee opinion emphasizes the importance of protecting digital assets entrusted to attorneys and finds that the responsibility to safeguard digital property is equivalent to any other property. While acknowledging the complexities of digital assets, the opinion also clarifies that an attorney’s obligation is to safeguard the native format of digital property. For instance, an attorney must safeguard a USB drive, but the attorney is not obligated to update the file or format of the data it contains.

The opinion outlines multiple scenarios regarding digital property and provides clarity on requirements for cloud-based digital property, password protection, and means of access for digital property.

To read the entire digital property opinion, visit www.michbar.org/opinions/ ethics/numbered_opinions/RI-388.


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