Barrister builders come to Detroit widow’s rescue

When we think of lawyers, it’s generally related to something unpleasant ? lawsuits, crime, accidents, injuries, etc.
But there are times when an attorney can be a real lifesaver, a godsend to some poor person in need who has nowhere else to turn for help.
Attorney Fred Fresard, of Oxford, got the chance to do a little good in the world and was recognized by his peers for it.
He and two colleagues, Thomas Ziolkowski and Nicholas Even, traded their briefcases and legal pads for hammers and nails, building an enclosed porch for an elderly Detroit widow who had been scammed by a crooked contractor.
In recognition of their good deed, the three attorneys were honored May 24 with the ‘Pro Bono Service Award? from the Detroit Metropolitan Bar Association (DMBA) at its 169th President’s Awards Banquet and Annual Meeting.
‘We were stunned by it,? said Fresard, noting it was ‘totally unexpected.?
‘When we did the project, we didn’t really think it was anything that extraordinary.?
It all started when Sylvia Williams, an 87-year-old Detroit resident and widow paid a contractor to enclose the front porch of her Monica Street home on the city’s west side.
The contractor ‘got the stud walls up and put the windows in and that was about it,? Fresard said.
The contractor then disappeared without a trace and with Williams? money.
‘The contractor was one of those shady characters who had a bunch of different DBAs, identities, different Social Security numbers,? Fresard said.
DBA stands for ‘Doing Business As? and is the name a business uses other than the owner’s name.
Unable to afford an attorney to go after the contractor turned con artist, Williams took her troubles to the Legal Aid and Defender Association, Inc. ? a nonprofit, charitable organization that is the largest provider of legal services to the indigent in Michigan and one of the largest in the United States.
The Legal Aid and Defender Association turned Williams? case over to the Detroit Legal Service Clinic ? a pro bono referral service run by the DMBA, major law firms and offices of corporate counsel in the area. The clinic assigned the case to attorney Ziolkowski, a Grosse Pointe Woods resident who works in General Motors Office of General Counsel.
Ziolkowski sought out Fresard and Even, of Farmington Hills ? both of whom are attorneys in the Troy office of the Minneapolis-based law firm Bowman and Brooke LLP ? for a ‘brainstorming? session about Williams? case.
Fresard said the ‘easy route? would have been to get a default judgement against the crooked contractor and ‘tell the lady we did all we can.?
A default judgment is when a complaint is filed against an individual and the defendant does not respond to it. The judge then issues a default judgement against the defendant who is now liable for whatever money is owed the plaintiff.
But in Williams? case a default judgment would have done nothing because the contractor ‘was impossible to find? and therefore impossible to collect from.
A search of state records revealed the contractor had pulled a similar disappearing act on prior customers. He had no known address, just a cell phone number, which the lawyers called repeatedly with no success.
‘He shipped out. He was gone,? Fresard said.
A default judgement ‘wouldn’t have solved any problems? and ‘it wouldn’t have gotten her porch done,? which was the most important thing to Williams, according to Fresard.
?(Mrs. Williams) is in the autumn of her life. This was a big thing to have her porch enclosed and have her lady friends over to play cards.?
Realizing the legal system wasn’t going to help Williams, Fresard proposed the three lawyers finish enclosing the porch themselves.
Fresard’s idea was prompted by his background working for his father’s company, the Macomb-based Fresard Building Company, and other contractors.
‘I worked in the trades through college and law school,? he said. ‘I was the only one of the three (of us) with a background in remodeling.?
So, the three lawyers traded in their suits and law books for work clothes and power tools, spending 2? weekends finishing Williams? porch. The trio spent approximately $1,000 of their own money for insulation, panelling, paint and carpeting, all of which they installed themselves.
When it was all over, Williams at last had her dream porch.
‘The most gratifying day was the last day when we were finishing up and Mrs. Williams was just beaming out on her front porch, showing her neighbors. She made us this big bundt cake, her family recipe,? Fresard said. ‘She was almost in tears and couldn’t stop thanking us.?
For Fresard, handling the situation with tools and sweat gave him more personal satisfaction than using his legal expertise.
‘I felt a lot better than the average day when you win a motion or push some more paperwork. It was a fantastic feeling.?
‘We made her life better. And that was a good thing. She was just a wonderful lady,? Fresard said.

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