Sommers Schwartz attorneys Matthew Turner and Sara Mićković settled a legal malpractice lawsuit on behalf of Kawkawlin Township for the negligent drafting of a funding measure in 2024.

Kawkawlin Township engaged Richard Sheppard, an attorney at Smith & Brooker, P.C., to draft a millage renewal proposal for the November 5, 2024, ballot. This type of ballot measure allows voters to approve levying and allocating property taxes for various public services. 

The Township intended this millage renewal to fund the operations, maintenance, and equipment for the Township Fire Department for the years 2025 – 2028. Unfortunately, the measure Sheppard drafted differed significantly from what the Township requested (and from numerous prior renewals Sheppard had prepared). Among other discrepancies, it improperly restricted how the funds could be used and had a longer duration than previous millages.

Although Kawkawlin’s voters passed the measure, the drafting errors rendered it invalid. As a result, the Township could levy none of the funds it authorized. Instead, it had to pay all the required Fire Department expenses in 2025 from the general Township account, which significantly burdened its operations. Although the Township enacted a special assessment to collect the funds for 2026 and going forward, it couldn’t recoup the 2025 expenses.

The Township claimed that Sheppard breached his duty of zealous representation and failed to meet the required professional standard of care (the ordinary learning, judgment, and skill required of an attorney in preparing the millage renewal). It asked for the amount it would have collected under the 2025 millage to fund the Fire Department, the costs related to enacting the special assessment to ensure ongoing funding, and its attorney’s fees. Sommers Schwartz obtained a settlement of $203,362.82 on behalf of the Township without formal litigation, an excellent outcome on behalf of Kawkawlin’s residents.