Conversations with Kimm

Why did you decide to open up your own law firm? I started my own law firm here in Michigan in 2014. I did work for another attorney here in Hillsborough County for a few years when I first got back, but I just thought I wanted something a little different. I wanted to be my own boss and do the things that practiced in those areas that I wanted to practice in. And so I decided to start on my own. So I, you know, got everything around and started practicing, you know, family law, criminal law, things of that nature. What do you enjoy about being a lawyer? What do I enjoy about being a lawyer? On any given day, that could be a different answer. But most of the time, it's just because I get to help people through some of the most difficult times in their lives. You either have the criminal or their freedom is jeopardized. You have family law, you know, your divorce, your children. As a result, many people are going through extremely difficult times. And so it's rewarding for me to be able to help them through that. Especially since, you know, I got divorced while I was going through law school. So I understand the whole dynamic of how your family relationship works with your children and how to deal with it. So for me, that's what's most rewarding: just being able to understand where they're coming from and being able to help them through that portion.

So what led you to the path of law school? How I ended up going to law school or getting interested in going into law is that when I got married, we moved with my ex-husband to California, where he grew up. I thought I would be a stay-at-home mom, taking care of my kids. I decided, as I joked, that I didn't like my kids that much, so I wanted to go back to school. I'll preface that with any stay at home mom, you have the most difficult job ever, and I appreciate that completely. But I did end up going back and taking a couple of classes at the local community college, one in computers with web design. And another one is just in criminal law, and just for something fun to do. And I really, really enjoyed that. And I was talking to my professors. And by that time, I had finished my undergrad degree anyway, and I decided, Hey, what the heck, since I liked it, I took the test for my LSAT in February. And by August, I was enrolled in law school.

How long have you been practicing law? I originally got my license to practice law in California when I lived there with my ex-husband. And that was in 2008. Then I moved back to Michigan, where I grew up here in Hillsborough County, and started practicing in 2011 here in Michigan. Did you always want to be a lawyer? I did not always want to be a lawyer. My undergraduate degree is in computer science, so I did programming, that type of thing. I ended up working for Hughes Aircraft, doing computer programming for the flight simulators for the Air Force F-16.

What can someone expect to recover from these types of personal injury cases? There are two different types: you have your non-economic damage and you have your economic damage. The economics are kind of as it sounds, if those financial means which you've lost your lost wages, you have repairs, doctor bills, or anything that is financial in nature as a result of these injuries. Then you have your non-economical and that's what most people kind of know or talk about when they say your pain and suffering, emotional distress, things of that nature

What if you are bitten by a dog? Dog bites are a little bit different because they're most likely going to have an injury because of the puncture wounds. But you're not just talking about one set of puncture wounds, you're going to talk about maybe some ripping of the skin or a more severe injury. I've seen cases where the dog has ripped off part of the skin over part of the muscles. So you're talking about those types of injuries. And what is the difference between civil cases in medical malpractice? The difference between medical malpractice, auto accidents, or premises liability is that the standard for claiming medical malpractice is a lot higher. The standard has to be that the physician acted in a subpar manner. But it has to be in comparison to what another physician would have done in the same situation, which is a very high standard to try to beat. It is possible, but the odds are stacked against it. And when you're talking about medical malpractice, you're also talking about not only your family physician or surgeon; you're talking about chiropractors, radiologists, oncologists, or any type of person that holds a healthcare license.

What are some examples of personal injury cases? Personal injury cases can be a wide range of things, such as auto accidents, dog bites, premises liability, and medical malpractice. There are a number of different ones. But those are most commonly the ones that we see. With auto accidents, when would you go to see an attorney? When would an attorney get involved? All injuries are not eligible for civil lawsuits, however. The injuries or damages sustained must warrant the suit. A driver can only be sued if they cause the accident in which someone is killed, has a serious bodily impairment, or have a significant restriction to their daily living experience, or as otherwise approved by statute. It is also not necessary to immediately retain counsel if you are in an accident. Time can be taken to assess injuries and damage to the vehicle and/or property. It is necessary to discuss not only if you can be compensated for your injuries, but who you actually may be able to recover from. What types of injuries could be considered premises liability? Property owners and landlords have the legal obligation to maintain their property so it is safe for visitors and tenants who are lawfully on the property. This type of claim can be challenging in Michigan as slip and falls due to ice, even black ice, are usually considered obvious (as in it should have been noticed or assumed by a reasonable person) and therefore would not warrant a claim. Incidents that could result in a premises liability claim, such as constuction site accidents, dog bites, falling merchandise at stores, and slips and trips at porly maintained properties.

What are some examples of abuse in children? Some examples of child abuse include physical abuse, such as broken bones, other injuries, bruises, and things of that nature. Neglect could be medical neglect if you're not taking your children to the doctor when necessary or when there's something wrong. It could be the unsanitary conditions of your home, such as homelessness, There are a number of things that affect the welfare of a child. Is abuse and neglect considered a criminal matter? The abuse and neglect system is not criminal in nature. There could be underlying criminal charges that stem from something that brings the children within the realms of the court. However, the neglect and abuse system, once you come into the court system, is more rehabilitative in nature, meaning you're going to get services, counseling, help you find jobs, help you manage money, help you get a home, drug treatment, and anything that can help you become a better parent to your child or children.

What happens then at the court level? Once you are under the jurisdiction of the court, meaning the court can tell you what you need to do or what you have to do, the court will then set up different services for you. They will monitor your progress for a drug treatment court if that's the reason you came into the jurisdiction of the court counseling for domestic violence. Let's say you're a victim of domestic violence. They will get you counseling to help you cope with that and figure out how to get away from the situation if need be. So it just depends on why you came into the jurisdiction of the court as far as what the court will do for you. What can someone do if they're worried about a child that might be abused or neglected? If you are worried about a child that may be abused or neglected, you can always call the central intake for DHHS, or what we commonly know as Child Protective Services. Or you can call local law enforcement and ask them to do a welfare check on that child.

What happens when CPS is called? When CPS is called or DHHS is called, they will send a worker out. It could be immediately, depending on the severity of the allegation being made, or they may make contact within a day or so. The investigator may say they're going to set up a safety plan, meaning you can do or you can't do XYZ, and you'll follow that. Or they may say, "We're going to do a full investigation." They have 30 days in which to comply with that. And they can say, "We didn't find enough information to bring you within the jurisdiction of the court, but we still want to do the safety plan." Or they can say, "We did find enough information to suggest that there is neglect or abuse going on, so we're going to petition the court for either the removal of your children or they may immediately take jurisdiction so that they can start getting new services." If they remove your children, you have 24 hours in which to file a petition with the court, so that way you can be heard and say why the children should stay removed, or why they should be returned to you.