On the Stand: Jana M. Berger

by Douglas J. Levy

Most aspiring attorneys know where they want to study law well in advance. That wasn't the case with Jana M. Berger.

After the Saginaw native did her research on law schools, she realized there was only one where she could make the application deadline: Roger Williams University School of Law, in Bristol, R.I.

And after a lengthy review period, the school gave her the thumbs-up - along with only a handful of days to move there before her semester began.

"It was crazy," said Berger, a partner at Foley & Mansfield PLLP. "I'd never been to Rhode Island, and I didn't know a soul there."

She could be considered one of the school's pioneers. Her 1998 graduation class was the school's third, as the university had been accredited by the American Bar Association just prior to her arrival.

Because the economy has affected her complex product liability, construction defect and toxic tort litigation practices, she's instead focusing on HIPAA and tribal law, the latter of which she calls "the most fascinating of areas I've ever come across."

"We have 12 federally recognized tribes in Michigan, and they're their own country, their own sovereign, so to speak," Berger said. "And practicing in one tribal court isn't going to be the same as practicing in another. Each has rules, and if you look them up, some might not even address what your [legal] problem is."

But it's the fact-finding aspect to it all that keeps her passion afire.

"There's a lot of historical research in this kind of practice," she said. "It transcends the law. It's like you're going back in time for nearly everything you do. The more complex it is, the more fun it is."

Did you ever foresee yourself doing tribal law?

It's interesting. My grandma, "Oma," had a place in the Smoky Mountains, near the Cherokee Reservation, and as a kid, I'd visit her for summers. And running up the side of her driveway was the Trail of Tears. There was just so much Cherokee culture there, and I was just so fascinated by it.

Strangest things you ever ate?

One was crocodile bites at Pearl's New Orleans Kitchen in Elk Rapids. The other was a fried hunk of lard in Romania. It's kind of like bacon, but they dip it in salt and just gnaw on it. It was a one-time experience. I was trying to absorb the culture.

What makes you lose your patience?

The slow driver in the left lane who won't move over. But it's never exploded into road rage. I keep a cap on things.

What three items would you want if you were stranded on a desert island?

Definitely a monster truck, because I could sleep in it, knock trees down on the island, and maybe use it to get into five, six or seven feet of water and fish from it. Also, a Bible and my iPod. Of course, everything has to be solar-powered.

Speaking of your iPod, anything on it that has you hitting the repeat button?

"Fast Cars and Freedom," by Rascal Flatts. It's my favorite song right now, and I can't stop listening to it.

What's more important - comfort or style?

Comfort, 110 percent. But I absolutely will sacrifice it for style. I have the platform heels that you can wear for only about an hour, which is why you don't wear them for social events or dancing.

Jana M. Berger

Foley & Mansfield PLLP, Ferndale

Education: Roger Williams University School of Law

Specialties: HIPAA, tribal law, complex product liability, premises liability, coverage dispute, construction defect, toxic tort litigation