Risk & Associates - July 2021

Risk & Associates - July 2021

COUNTYCIVIL.COM

JULY 2021

3 Common Myths About Process Servers Myth No. 3: If the court papers cannot be served, there’s nothing we can do. Thankfully false! A hearing can’t be held until it can be proven to the court that both parties knew about the hearing, or it is proven that every effort was made to serve the court papers. Let’s say that the mailed court papers are returned to you, undeliverable — what then? There’s a long list of things we can try to get your papers served, even though it may take some time. Certain steps may require email coordination as we try to uncover more information about how to reach your desired recipient. However, for every option rendered impossible, we’ll provide you with the proof needed to show in court that every effort was made. If you have any questions, don’t hesitate to reach out — my team and I would love to help. Thanks for joining me this month, friends, and I’ll catch you next month! HOW TO GET THE MOST FOR YOUR BUCK!

T here are lots of misunderstandings about process servers. As an owner of a civil processing company, I’ve seen it all. And I get it! The general public doesn’t know a lot about serving papers. However, it’s very important to us to work as efficiently as possible for our clients. Here are some common myths about how process servers operate — knowing these myths might even help you get your papers served faster! Myth No. 1: A process server can always serve papers within a consistent set number of days. False. As a process server, sometimes the most information we’re given is a name, not even a picture. This makes it much more difficult to track someone down if they have a common name, like John Smith. We’ve also had a few cases where we’ll find someone with the name but find out later that there was a junior and senior in the household. In that sense, tools like Facebook and Instagram haven’t actually moved the needle that far in terms of tracking down where people are, especially if the person being served doesn’t have a social media account to begin with.

In one case, we might be able to serve a person’s papers within a few days, but in another case, it’ll take longer than a week. Unfortunately, we can’t be certain where a stranger will be on a Tuesday morning. The best way you can help ensure that your papers are served as fast as possible is to provide as much documentation about this person as you can, including a photo, address, and last seen whereabouts. Myth No. 2: A process server must deliver papers into a person’s hand to be ‘served.’ False. Under the Barclay three-point rule for personal service, the process server must do three things: 1) inform the defendant of the nature of the papers being served; 2) offer them to the defendant; and 3) leave them in the defendant’s physical control. Also, under Michigan law, a person is served when they are sent the summons and a copy of the complaint by registered or certified mail, along with a return receipt requested and delivery restricted to the addressee. As per Michigan Court Rules at MCR 2.105(A): “Service is made when the defendant acknowledges receipt of the mail. A copy of the return receipt signed by the defendant must be attached to proof showing service under subrule.”

-Rick Risk

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FREE BRITNEY

EARLY AUGHTS POP STAR BRINGS ATTENTION TO CONSERVATORSHIP LAWS

Do you know what a conservatorship is? If you’ve cared for an aging parent, there’s a chance you’re familiar with this legal concept, which allows the court to appoint a legal guardian for an adult who is unable to make their own decisions. It comes up most often in cases where an individual has dementia or a serious mental illness, and it can apply to that person’s estate and finances (known as “conservator of the state”), as well as personal decisions (“conservator of the person”). It’s not just adults with aging parents who are familiar with this somewhat obscure legal concept, though. Early aughts pop star Britney Spears has a devoted fan base that’s acquired legal acuity around conservatorship laws because of her battle to remove her father, Jamie Spears, as her conservator. After Britney suffered a mental health crisis in 2008, a California court appointed Jamie to be the legal conservator of her affairs. He was the conservator of the person for Britney until he stepped down in 2019, citing health reasons. But he maintained sole legal control

over Britney’s reported $59 million fortune until last November, when the court appointed a co-conservator after Britney’s lawyers requested that Jamie be removed from the court order. Hardcore Britney fans began the #FreeBritney movement in 2009 after seeing how the conservatorship stripped Britney of her freedom and rights. The movement has since gained greater attention, especially following the release of the documentary “Framing Britney Spears” earlier this year. The documentary takes a deep dive into conservatorship laws, including the difficulties Britney and her lawyers have had in changing the legal parameters to reflect her wishes. It also brings up questions about how a performer who has put out nine studio albums, had a Las Vegas residency, and made multiple television appearances would be unable to make her own decisions about her personal life and finances.

Britney’s lawyers are still fighting to remove her father entirely from the conservatorship of her estate, but it’s been an uphill battle. While she has not yet asked to end the conservatorship, lawyers interviewed by The New York Times for the documentary said most conservatorships don’t end until the person they are ordered for dies. Britney’s case is bringing up new legal questions and has been an unlikely but powerful way for the public to learn more about this legal concept.

Need a Cool and Refreshing Snack?

FRUIT KABOBS In a hurry for your next family potluck? Grab those huge boxes of cut fruit from the grocery store and create your own fruit kabobs. If you don’t mind cutting the fruit yourself to save some extra money, then go for it! You can even get your kids involved with plucking grapes and cutting apples if they’re able to. EVERY WATERMELON HACK YOU’VE NEVER TRIED Life is short, so why not turn your watermelon into a “watermelon margarita dispenser”? Just cut a circular hole into your watermelon, let an upside-down tequila bottle rest on top as it integrates the alcohol into the inside of your watermelon, then leave it in the fridge until your ready. Use an automatic whisk to create a slurry inside and pour out your drinks! There’s so many watermelon hacks on the internet, you’ll never run out of fun tricks to try.

Trying to stay cool while saving on your energy bill? Here are a few tasty food ideas that’ll keep the whole family feeling refreshed this summer! ARUGULA, STRAWBERRY, AND CHEESE WRAP Grab your favorite tortilla wrap (maybe even a herb rosemary wrap!) and lay out arugula, cut strawberries, goat cheese, or another cheese that you enjoy. Add a drizzle of olive oil and sea salt, wrap, and you have the perfect delicious, healthy summer wrap! PROSCIUTTO AND PLUM SANDWICHES Peanut butter and jam? Never heard of her. Give your savory and sweet sandwiches a makeover with this seasonal treat. Grab some in-season plums (or peaches!) and fresh slices of prosciutto, best enjoyed on whole grain or sourdough bread. If you include a glass of wine, you might even feel like you’re on the coast of Italy. SHAVED CARROTS WITH QUINOA SALAD Shave down a few carrots, add several spoonfuls of cooked and cooled quinoa, add a drizzle of your favorite dressing, and bam! You have a delicious, filling salad that’ll keep you on track with any health goals. You can also add currants, cashews, or both to add more flavor complexity.

We hope you’ll enjoy these refreshing summer treats. From our team at County Civil, we hope you stay cool!

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WHY DOES SUNSCREEN MATTER? No matter who you are, you need to wear sunscreen. About 1 in 5 Americans develop skin cancer in their lifetime, so what are you doing to reduce the risks? Sunscreen can help you avoid cancer and stay youthful for decades to come! THE DANGERS OF NO SUN PROTECTION

about two hours. A higher SPF doesn’t necessarily increase the duration of sunscreen application, either. Reapply sunscreen every two hours or as needed if you go swimming. Lastly, while both physical and chemical sunscreens are perfectly safe and healthy to use, try to avoid spray-on sunscreens. They’re easy, but the FDA still hasn’t approved whether they’re just as safe or effective

Our skin is the largest organ of our body, and it needs protection to stay in tip-top shape. Even on cloudy days, up to 80% of the sun’s rays make it through the clouds. Water, sand, and even snow can reflect sun onto your skin and increase your chance of sunburn. Years of overexposure can lead to premature wrinkling, aging of the skin, age spots, and increased risk of skin cancer. HOW SUNSCREEN KEEPS YOU SAFE Sunscreen can help reflect two types of harmful rays that reach Earth: UVA and UVB. These rays cause skin burn and can lead to skin cancer. If you’re looking for the most effective sunscreen possible, look for “broad-spectrum” on your sunscreen label. Also, you want sunscreen that has the Sun Protection Factor (SPF) of at least 30. A SPF 30 sunscreen will block out about 97% of the sun’s rays, and while there are higher SPF sunscreens, you won’t find a sunscreen that blocks out 100% of rays.

as other sunscreens. Also, remember that sunscreen expires after three years and replace it as needed.

Thanks so much for joining us, and we hope you stay safe from the sun this summer!

Anyone older than 6 months needs to be wearing sunscreen. Keep in mind that sunscreen only lasts at full strength for

ALIEN BALLPARK CHERRY FIRECRACKER FLAG INDEPENDENCE

ORCHID PADDLEBOARD PATRIOTIC SUNDAE SUNSCREEN TRAMPOLINE

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2383 Tamarack St., Lake Odessa, MI 48849 616-374-7170 | COUNTYCIVIL.COM R isk & A ssociates

Rick Risk is Founder and President of Risk & Associates, a legal support service provider in Michigan, and has assisted hundreds of attorneys, municipalities, courts, Sheriff Offices, businesses, and others with their strategic process needs.

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INSIDE THIS ISSUE

1 2

How to Get the Most for Your Buck!

The Pop Star Bringing Attention to Conservatorship Laws

5 Summer Snacks Your Family Will Love

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Is Sunscreen Important?

An Olympic Medal — For Arts

An Olympic Medal – For Arts

From 1912–1952, the Olympics awarded medals for arts and sculpture, though most people do not remember this. In 2012, the first book in English on the topic was published, “The Forgotten Olympic Art Competitions” by Richard Stanton.

competitions. There were categories for architecture, music, painting, sculpture, and literature, but every work had to somehow be inspired by sports. Judges didn’t have to award gold medals if they were disappointed by all the submissions, but 1912 was a success. With 33 artists in participation, a gold medal was awarded in every category. (Coubertin even won for his poem, “Ode to Sport”! He disguised it with a pseudonym.) As the Olympics exploded into a beloved international event, the fine arts competitions rarely caught people’s attention. Not all categories won gold medals, if any at all. There were significant winners, however. John Russell Pope (the architect of the Jefferson Memorial) won a silver at the 1932 Los Angeles Games for his design of the Payne Whitney Gymnasium, constructed at Yale University. Other famous participants include Italian sculptor Rembrandt Bugatti, American illustrator Percy Crosby, Irish author Oliver St. John Gogarty, and Dutch painter Isaac Israëls. Even if the art competitions are not a part of the games anymore, they are fascinating to learn about! We’ll definitely think about them the next time the Olympics (finally) roll around.

Stanton dug through decades-old, crumbling files that were packed away in Switzerland in order to uncover the origin of this forgotten Olympic tradition. Apparently, Baron Pierre de Coubertin, the founder of the International Olympic Committee (IOC) and the modern Olympic Games, saw art competitions as integral to his vision of the Olympics. Stanton told Smithsonian Magazine of Coubertin, “He was raised and educated classically, and he was particularly impressed with the idea of what it meant to be a true Olympian — someone who was not only athletic, but skilled in music and literature.” Coubertin thought that without the arts, it couldn’t be a true Olympic event. However, Coubertin had no luck convincing local organizers from Athens, St. Louis, or Paris that art competitions were necessary. At the 1912 Stockholm Games, Coubertin finally secured the Olympic fine art

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