June 27, 2000



99-52



Proposed New Rule 2.626
of the Michigan Court Rules
_____________________________


          On order of the Court, this is to advise that the Court
is considering the adoption of new Rule 2.626 of the Michigan
Court Rules.  Before determining whether the proposal should be
adopted, changed before adoption, or rejected, this notice is
given to afford any interested person the opportunity to comment
on the form or the merits of the proposal.  We welcome the views
of all who wish to address the proposal or who wish to suggest
alternatives.  Before adoption or rejection, this proposal will
be considered at a public hearing by the Court.  The Clerk of the
Court will publish a schedule of future public hearings.

          As whenever this Court publishes an administrative
proposal for comment, we emphasize that publication of this
proposal does not mean that the Court will issue an order on the
subject, nor does it imply probable adoption of the proposal in
its present form.

          [Language would be added as indicated below.]


Rule 2.626     Attorney Fees

(A)  Attorney fees may be awarded as provided by law.

(B)  An award of attorney fees may include an award for the time
     and labor of any legal assistant who contributed non-clerical,
     legal support under the supervision of an attorney, provided
     the legal assistant meets the criteria set forth in Article 1,
     § 6 of the Bylaws of the State Bar of Michigan.


          Staff Comment:  Proposed new MCR 2.626 is based on
a proposal from the Representative Assembly of the State Bar of
Michigan, in response to Joerger v Gordon Foods, 224
Mich App 167 (1997).


The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.

          _____________________________________________

          Publication of this proposal does not mean
          that the Court will issue an order on the
          subject, nor does it imply probable adoption
          in its present form.  Timely comments will be
          substantively considered, and your assistance
          is appreciated by the Court.
          _______________________________________________


          A copy of this order will be given to the secretary of
the State Bar and to the State Court Administrator so that they can
make the notifications specified in MCR 1.201.  Comments on this
proposal may be sent to the Supreme Court clerk by October 1, 2000. 
When filing a comment, please refer to our file No. 99-52.