In this episode of Pro Bono, we sit down with Alan May, a highly respected attorney and public servant whose decades-long career is marked by dedication to the law, mentorship, and community service. Ed Nahhat hosts the conversation, celebrating May as both a legal hero and a mentor. For this episode, Ed has requested a bell in the event he becomes too "obsequious."
Alan shares the unique path of his career, beginning with his partnership with his father in their firm, May and May, and leading to 24 years at Kemp Klein. He reflects on his time serving on Michigan’s Civil Rights Commission under two governors from different parties, emphasizing how bipartisan collaboration shaped his perspective on civil service. He discusses his legal writings, which distill appellate court decisions into actionable insights for probate practitioners. These articles serve not only as practical guides but also as tools for ongoing learning and mentorship.
A key theme of the conversation is May’s dedication to helping underserved populations. He recounts how his team manages guardianships and conservatorships for over 200 clients, ranging from the wealthy to those in financial need. His commitment to taking difficult cases—often at a financial loss—reflects a broader philosophy of legal service as a way to give back.
May also touches on the challenges and nuances of probate law, including the complexities of trust disputes and the legal presumption of undue influence. He defends the necessity of this presumption, sharing a personal anecdote to illustrate its importance in protecting vulnerable individuals. He highlights the collaborative nature of probate litigation, where lawyers often work toward resolutions that benefit others, even while advocating for their clients.
Beyond the law, May reveals his passions for writing fiction, with three published novels and more in progress, and for baseball, where his deep knowledge of the sport enriches his legal and personal writings. He attributes much of his success to teamwork, his supportive family, and the joy of mentoring young lawyers, some of whom have gone on to become judges.
The conversation concludes on a personal note, with May sharing his pride in his family, his evolving work-life balance, and his gratitude for a career filled with meaningful connections and achievements.
Ed Nahhat: All right, it's Pro Bono, where we talk about the law with lawyers and other miscreants. I'm Ed Nahhat. Thanks for joining us. Today's guest is the incomparable—what's the word?—incomparable Alan May. Alan, thank you for being here today.
Alan May: Well, it's a pleasure to be with you to talk about the law.
Ed Nahhat: I have to warn you, Mr. May—should I call you Mr. May most of the time? Alan, if I'm overly obsequious during this interview, it's because you're my legal hero. I've asked the crew to ring a bell if I'm too complimentary because you are the reason I work at this law firm. How long have you been here?
Alan May: I would say 24 years.
Ed Nahhat: Twenty-four years. But before that, you had your own firm called May and May.
Alan May: That's correct, from 1967 until about 2000.
Ed Nahhat: And that's fascinating to me because May and May—the other May was your dad, wasn’t he?
Alan May: He was.
Ed Nahhat: That’s something we have in common. I had a firm called Nahhat and Nahhat way back in the day. I always thought it was cool that we each had a firm named after ourselves and our fathers. I’m sorry I never met your dad, but I can tell he was an inspiration for you. Is he why you became a lawyer?
Alan May: I don’t know. When we talked before about why I became a lawyer, I truthfully answered the question: I don’t remember. But being with him and seeing him as more than a father was a lifetime experience. Those 13 years were a blessing.
Ed Nahhat: Seeing him work, seeing him achieve—
Alan May: Seeing him in a work environment—something happened.
Ed Nahhat: In those days, Mr. May, I’ll tell you, because I looked through your CV, and I don’t know who could possibly do all this. You’re a Super Lawyer forever, Best Lawyer forever, New York Times Top Attorney in Michigan, Leading Lawyer in Michigan—and those are just accolades. You’re a public administrator in Wayne County. You’ve been appointed to the Civil Rights Commission in Michigan. You’re appointed as a receiver in Wayne County. You’ve got all sorts of things. But what really impressed me is that I don’t think I know anyone else in the world who has been appointed by two different governors from different parties to significant posts in our state. How does one get appointed by a Republican governor and then a Democratic governor?
Alan May: Well, with the Republican governor, I was pleased to have a very close relationship with Governor Bill Milliken. When there was an opening on the Civil Rights Commission, he came to me and asked if I would serve. Civil service was a little different. I had finished four years on the Civil Rights Commission, and by statutory requirement, there was a Republican opening.
Ed Nahhat: Uh-huh.
Alan May: I had a wonderful relationship with Jim Blanchard when he was a congressman and then as governor. He called upon me to make the switch from one commission to another.
Ed Nahhat: That’s a way of giving back for any lawyer. But it’s an interesting level of giving back. I like to give back through the arts; some lawyers like to give back through charity. You give back through civil service and legal service. You write articles almost every other week about the law and give away your research for free.
Alan May: Well, it’s also casting bread upon the waters. People read these and call me for legal advice. But it’s also a learning experience. We never had postgraduate legal education when I started practicing. It wasn’t required or even offered. There were occasional seminars. I asked my father how to keep up with the law, and he said, "I read advance sheets."
Ed Nahhat: What is an advance sheet?
Alan May: An advance sheet is something published before the hard copy of a book, like the Michigan Reporter or Michigan Court of Appeals Reports.
Ed Nahhat: Like these books?
Alan May: Like those books—somewhat like those books. He read them assiduously, so I started reading them. I aim my articles at practitioners, not legal scholars: what to watch out for if you’re drafting or litigating.
Ed Nahhat: What I love about your articles is how you summarize Court of Appeals opinions, offer a couple of suggestions, and probate practitioners across the state can read them. They’re on our website, and you send them out to anyone on your mailing list. I found them especially helpful in a case I had against your firm—not you personally, but your firm represented a client I was against.
Alan May: Well, there’s no such thing as an enemy. Sometimes lawyers try to be, but I much prefer having a smart lawyer on the other side than a dumb one who keeps fumbling forward. You get to the bottom line a lot quicker with a smart lawyer.
Ed Nahhat: I find that fascinating about probate work. More than any other field, it seems like probate lawyers are adversaries but often fighting for the benefit of someone else.
Alan May: A client might say, "My brother stole from me and my father, and I want to make this right. It’s a matter of principle." It’s a matter of principle—until they get the request for the second retainer.
Ed Nahhat: Your practice takes care of hundreds of people under guardianships and conservatorships. Many aren’t super wealthy. People with benefits, people in care facilities—they all rely on you and your team for care and income maintenance.
Alan May: It’s small profit or, in some cases, a loss. For example, last week a judge called about a problem case and asked if we’d take it. The answer was yes. If it turns out to be a financial loser, it doesn’t matter because the judge will remember we took care of it.
Ed Nahhat: How many people, at any given time, does your team provide care for in guardianship and conservatorship cases?
Alan May: About 100 without wealth and another 100 with wealth. Regarding the second group, I’m like a small bank. Banks have high turnover and can’t relate to the needs of a special needs person. Our staff can. We charge less than a bank and still make a profit. And someone will always answer the phone—whether it’s me or someone else.
Ed Nahhat: One of the other things I admire about you is—oh, wait, the bell went off. Sorry. Yeah, but seriously, you told me about taking a call from a judge just a few minutes ago, and I’ve done a little bit of homework. I’ve learned that several judges worked for you, clerked for you, or were attorneys for you at some time in the past. Isn’t that right?
Alan May: It’s a pleasure to hear that articulated. It’s something I’m very proud of. Mentoring is best done informally. Yes, I’ve worked with people, starting as clerks, who have become either successful counsel or have gone into the judiciary or governmental service. I’ve had perhaps four or five people who have become judges all over the state.
Ed Nahhat: I’m sure they appreciate it. I know I do. I think everyone at this firm does. I personally experience it every day. I’m probably going to be a little embarrassed to say this, but most lawyers around here, when they have a legal question, jump to their computer and go to LexisNexis or Westlaw or Thomson Reuters. Right? But I go to Alan May’s office first.
Alan May: The younger ones do.
Ed Nahhat: Oh, sorry, the bell’s going off again. Yeah, but it’s true. I do.
Alan May: You can get answers from Westlaw, but I don’t like it. It’s like reading headnotes of a case. You can’t turn a page on Westlaw. When you turn the page, you might find something that differentiates from the previous page. What I have done is keep records. In one of our back rooms, there are about 700 files. Each file contains either an article I’ve written, a brief I’ve written, or a court order I’ve obtained. I’m blessed with a good memory. I can recall similar situations, and it’s good to know when you’re wrong sometimes. You can watch out for that if the other side spots it or when you have an ethical duty to disclose it.
Ed Nahhat: Knowing you’re wrong is really interesting. It’s like the first step toward wisdom in law practice—when you realize, “Oh, that’s not going to work.” How do you tell your client that?
Alan May: You be transparent. You say to the client, “This is what I think. This is what my opponent thinks. I’ll try to place myself in the position of a judge and say, ‘This is what a judge may think.’” We have an unwritten rule in this office, and I observe it very carefully: If the newest clerk comes in and has the guts to tell me I’m full of it, chances are I am.
Ed Nahhat: So that’s part of the collaboration we have here?
Alan May: It’s necessary. No person is an island.
Ed Nahhat: I was reading about your writing. I know that seems odd to say, but I discovered something you don’t really brag about around here. I discovered that you’re an author of fiction.
Alan May: Yes.
Ed Nahhat: You’ve got three novels published already.
Alan May: Three published. One is sitting on an editor’s desk, and two are in the can right now. Writing gives me a great deal of pleasure. There are certain things you can do in the law and outside the law where time flies. You get immersed in something, look up, and an hour has passed. Your mind is in neutral, and your pen and ink are doing the job for you.
Ed Nahhat: There’s one part of your writing that you clearly don’t need anyone to help you with, and that’s your baseball writing. Around here, I call you the Casey Stengel of Kemp Klein because you seem to know all the players. You seem to know who has the skill set, and you identify who’s the right person to play first base, so to speak. But you also have this incredible knowledge about baseball lore and statistics. It’s pretty impressive. There goes the bell again. And it’s in all your articles and advance sheets.
Alan May: That is true. We have a motto: “Memories are the only refuge from which a man cannot be driven.” I don’t particularly care for contemporary baseball. I write about it, but I don’t care for it. I’m stuck back in the 30s, 40s, and 50s.
Ed Nahhat: What do you think about the pitching time clock?
Alan May: I agree with it. I don’t think stalling is in anyone’s interest—in law or baseball.
Ed Nahhat: We were talking about probate litigation briefly. I touched on your team’s care for people in need under guardianship and conservatorship. But we didn’t really get into the nuances of trust litigation or will disputes. I find that to be a fascinating area. It’s part of my practice with you, and I’m wondering—where do you come down on the concept of undue influence? It’s a legal concept some lawyers think should be done away with.
Alan May: I agree with the presumption of undue influence, and I’ll tell you why. Parents, relatives, friends, and clergy, in my experience, often have their hand out. I’ll give you an example. My father had a very serious operation, very close to death. He pulled through. At that time, he’d been practicing for 40 years, much of it in probate law. He knew about the presumption of undue influence. And he said to me, “See that nurse over there? She’s been very nice to me. Bring me a check for $10,000 and make it out to Mrs. Jones.” I said, “Okay, Dad.” Of course, I didn’t. A week later, he said, “Did you write that check for $10,000?” I said, “No.” He said, “Then make it $150.”
Ed Nahhat: Wow.
Alan May: Well, he was getting better. But even he—a person of great mental acumen and strength—was placing himself in a very untenable position.
Ed Nahhat: Isn’t that part of the leverage and strategy toward a favorable settlement?
Alan May: Yes. Although people feel very righteous about their positions on both sides, I often say something around the office: “I stole it fair and square.” Sooner or later, the truth comes out in someone’s mind. And the truth is that a bad settlement is better than the best lawsuit.
Ed Nahhat: Isn’t that why we have courts and a justice system—to work out disputes in a civilized process?
Alan May: Yes and no. Certainly, yes—it alleviates trial by battle, which was once the norm.
Ed Nahhat: Think about this. Our own Founding Fathers, several of them, engaged in duels. Dueling was accepted as a form of conflict resolution at the same time our revered Constitution was being written, drafted, and approved.
Alan May: We think that with time, people become closer to at least being respectful and moving beyond tolerance toward acceptance and understanding.
Ed Nahhat: You hope so?
Alan May: It would be my hope, yes.
Ed Nahhat: I want to thank you for spending so much time with me today. Just one more question.
Alan May: What are you—Columbo?
Ed Nahhat: Yeah. Just one more question. How’s the family?
Alan May: The family is good. I’m blessed with two beautiful daughters. One has a son who’s a youngster now. My granddaughters are well into their 20s and out of the house. He’s a baseball star and track star at 12 and a half. I love them deeply and enjoy spending time with them.
Ed Nahhat: I don’t see Liz around here very often. She was in the office more when I first started.
Alan May: She’s a legal assistant. She’s found, to our social detriment, that she works better at home.
Ed Nahhat: It’s a family business. Alan’s wife, Liz, also works in the business. I agree—some people excel at working from home. You and I don’t. I have to work in the office.
Alan May: I can write at home. I can do math-related work at home. Occasionally, I prepare for oral arguments the night before—at home.
Ed Nahhat: I go for a walk and talk out loud to myself. People in the neighborhood think I’m crazy because I have to do it out loud.
Alan May: Well, crazy is a good thing.
Ed Nahhat: I can’t tell you how much I appreciate you joining us today, Alan.
Alan May: It was a pleasure.
Ed Nahhat: Thanks for taking the time.
Alan May: You sure you don’t want to talk about how you got to this firm?
Ed Nahhat: I don’t remember the name of the case we had against each other that went to the Court of Appeals. It must’ve been 12 or 13 years ago when we first met.
Alan May: I don’t remember the case particularly, but I remember having successful lawyers work with me. I’m a talent spotter. I’m going to be obsequious here—you won, I lost. I said to myself, “If he won and I lost, wouldn’t you want him here at the firm?” So don’t ring your bell. Let it go in. You beat me fair and square, made a good presentation, and the Court of Appeals—ignorant as they were—bought it.
Ed Nahhat: All right. Thanks for joining us on Pro Bono.
Alan May: Make sure that gets in.
Ed Nahhat: Give him some credit. We’ll see you in our next episode, where we’ll talk to the CEO of Kemp Klein, Brian Rolfe.