Thursday, September 23, 2021

Who Governs Michigan’s State Bar?

A Michigan-based legal professional, John Biernat received his JD from the University of Detroit Mercy School of Law in 2017. John Biernat joined the Padilla Law Group as a paralegal before becoming an associate attorney at the firm. Additionally, he is a member of the State Bar of Michigan (SBM).

The State Bar of Michigan was established in 1935 by the Michigan Legislature. SBM is responsible for encouraging advancement in the administration of justice and jurisprudence, as well as enhancing the public’s perception of the legal profession and promoting the legal profession’s interests in Michigan. The bar also advocates for state-level public policies connected to attorney regulation and discipline, court improvement, the availability of legal services to society, and attorney trust account management.

The State Bar of Michigan is governed by a Board of Commissioners with a minimum of 31 members and a maximum of 33. The Board of Commissioners maintains a structure of standing committees that oversee the Bar’s operations in each area of responsibility, including strategic planning, public policy, member services, and finance. A president, president-elect, vice president, secretary, and treasurer are among the elected officials of the Bar.



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Monday, August 30, 2021

K of C to Provide Additional Support to Haiti Following Earthquake

The recipient of a Medal of Valor in 2012, John Biernat works as an associate attorney for Padilla Law Group in Michigan. Outside of work, John Biernat is active in his community and a member of the Bishop Plagens Council of the Knights of Columbus, a faith-based organization that empowers Catholic men to demonstrate their faith at work, at home, and in their communities.

In August 2021, the Knights of Columbus announced an initial commitment of $250,000 to people dealing with the aftermath of an earthquake in Haiti. This 7.2-magnitude earthquake hit the island nation on August 14. Supreme Knight Patrick Kelly offered prayerful support to the island nation, along with the initial commitment from the Knights of Columbus.

The organization has been active on the island nation since another earthquake in 2010, and has provided more than $1 million in financial assistance to residents in need. This has been heavily focused on recovery efforts to restore mobility to Haitians who were injured, thanks to a partnership between the Knights of Columbus and the Global Wheelchair Mission. Financial support for rehabilitation and prosthetics on the island after the 2010 earthquake was also provided by the Knights of Columbus in partnership with Project Medishare.

The organization also aided in the creation of the Emilio B. Moure Clinic for Hope in Port-au-Prince. Moure was the Knights’ late supreme secretary and played an instrumental role in the development of the rehabilitation program and mobility program after the 2010 event. This clinic, along with the Knights of Columbus’ other mobility projects in the nation, resulted in a documentary film that highlighted Haitian resilience in light of catastrophic events.



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Tuesday, August 10, 2021

SOLACE Now Available to Members of the Legal Community in Michigan

A lawyer with more than 10 years of experience in law enforcement, John Biernat serves as an associate attorney at Padilla Law Group. John Biernat belongs to the State Bar of Michigan.

The State Bar of Michigan has announced that the members of the legal community, including judges, attorneys, court personnel, legal administrators, legal researchers, legal assistants, and law students, and their families, can now avail of Support of Lawyers/Legal Personnel – All Concern Encouraged (SOLACE).

Established in 2002 in Louisiana, SOLACE can provide meaningful ways by which the legal community can use their resources, connection, and compassion to come together and help others who face sudden illness, catastrophic injury, and other similar events. When a member of the legal community is in need, they may submit a SOLACE Request for Assistance form.

A SOLACE implementation team member will send a message to everyone who opted to get SOLACE correspondence about the need. Within a time, relief may come from volunteers through email. Since SOLACE is new in Michigan, members of the legal community are encouraged to volunteer with the SOLACE.



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Wednesday, July 21, 2021

Can the Michigan Personal Injury Statute of Limitation be Modified?

A lawyer with a background in law enforcement, John Biernat serves the Padilla Law Group as an associate attorney. In this role, Attorney John Biernat handles cases involving auto negligence and personal injury.

A personal injury case is a legal claim resulting from a slip or fall, car accident, or any incident that caused harm to the claimant because of the respondent’s conduct. However, the claimant must file a civil lawsuit to claim damages before the statute of limitation expires.

In Michigan, the Michigan Compiled Laws section 600.5805 governs the state’s personal injury statute of limitations. This section states that a personal injury claim must be filed within three years of the injury date or death. Furthermore, the section has categorically stated that the three-year limitation period may be modified when any of the following instances occur:

1. The claimant is “insane” at the time of the accident, in which case, he or she has one year to file a personal injury claim after the period of “insanity” is over. “Insane,” in this context, involves mental derangement which might prevent the claimant from understanding his or her rights, and is not dependent on whether or not the court has declared him or her to be “insane.”

2. The claimant was unable to serve the personal injury lawsuit because the respondent left the state of Michigan at any time after the accident and before the claimant has formally filed a personal injury claim, provided that the respondent has been away for more than two months. In this case, the period of limitation will begin to run only when it has been established that the respondent has entered the state of Michigan.

3. The claimant was under 18 years old at the time of the accident, in which case, he or she has one year to file a personal injury claim after turning 18 years old.



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Alternatives to Litigation in Personal Injury Cases

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