This month, I had the pleasure of speaking with Kayla M. Toma; a vibrant and dynamic litigation specialist with Wood, Kull, Herschfus, Obee & Kull, P.C. Kayla is an experienced litigator with a strong background in consumer law cases. In addition to her work in the courtroom, Kayla serves on our very own SBM YLS Executive Council. Her dedication to pursuing justice and her giving nature ring through her responses to our questions, and I know you’ll enjoy hearing her story as much as I did. With many thanks to Kayla, let’s dive in:
MNM: Thank you so much for doing this – it’s so helpful for young attorneys to get valuable insights into different practices in our field.
KMT: My pleasure, I’m happy to share.
MNM: To start us off, what led you to becoming an attorney?
KMT: I grew up in an entrepreneurial family that emphasized hard work, community, and the importance of standing up for yourself and others while keeping God at the center of everything. Being the first in my family to graduate, I was drawn to law as a way to advocate for others and tackle complex challenges. My academic background in philosophy, political science, and psychology further deepened my interest in understanding human behavior and using that insight to advocate effectively.
MNM: I love that answer – we have a very similar background, I was also the first in my family to graduate college and that’s part of the reason I wanted to start this interview series, as sort of a guidepost for young attorneys that you and I didn’t really have. Because starting practicing law is so overwhelming.
KMT: For sure. And that’s the thing, it is so overwhelming and uncomfortable but the people who sit in their comfortability and don’t venture out into what scares them, those are often the people who are unhappy as lawyers. Like, you did all these uncomfortable things like going to law school and passing the bar and going through character and fitness, all that. It’s like: “You’ve been uncomfortable the whole time! Don’t let it stop you.”
MNM: I love that. Speaking of getting through the discomfort of being a new lawyer, what led you into the field of law you are currently in?
KMT: I originally sought litigation experience and found myself drawn to consumer law and creditor’s rights because it requires a comprehensive understanding of both sides of a dispute. The ability to help clients navigate financial challenges in a way that both protects their interests and ensures fair outcomes fascinated me. It’s a dynamic field that allows me to develop strategic advocacy skills while tackling high-stakes cases that directly impact people’s lives and businesses.
MNM: What does a day in the life of a litigation attorney look like?
KMT: In addition to practicing creditor’s rights, I also work in landlord-tenant law and business litigation, so my days are varied and fast-paced. Typically, I spend time reviewing case files, drafting pleadings, negotiating settlements, appearing in court, and meeting with clients. Each day is full of strategic decision-making—whether to push for a settlement or proceed with litigation. Time management is key, as I often handle a high volume of cases that require a lot of attention to detail.
MNM: What do you like best about your area of practice?
KMT: I appreciate the strategic nature of my work. Every case is unique, whether I’m representing plaintiffs or defendants, and requires crafting tailored legal arguments to achieve the best outcome for my clients. I also value the balance between litigation and negotiation—it’s satisfying to resolve cases in a way that benefits all parties involved. But at the end of the day, I thrive in the courtroom.
MNM: What’s something you didn’t know about your area of practice before beginning it?
KMT: Before starting my practice in collections and business law, I didn’t fully appreciate the critical role of supporting staff in the legal process. The amount of work handled by non-attorneys—particularly in filing, procedural details, and case management—is immense. While attorneys focus on legal strategy and advocacy, it’s the paralegals, legal assistants, and court staff who ensure that filings and procedural requirements are meticulously followed. Without their diligence, and ours, even the strongest legal arguments could be undermined by missed technicalities. However, in smaller firms or solo practice settings, attorneys often take on much of this work themselves—handling filings, drafting, and procedural tasks firsthand. This hands-on experience provides invaluable insight into the mechanics of litigation and enforcement, ensuring a deeper understanding of the entire legal process. Learning to navigate these responsibilities has been a tremendous asset, reinforcing the importance of both precision and efficiency in practice.
MNM: Let’s talk baseline advice for young attorneys in the field. Any pearls of wisdom?
KMT: Be prepared to think on your feet and stay organized—this area of law moves quickly. A high caseload requires efficient management, and it’s important to have a system that helps you keep track of everything. Develop strong negotiation skills, as settlements can often be more effective than litigation in resolving cases. Don’t underestimate the importance of understanding consumer protection laws—compliance is vital, and it will set you apart from other attorneys. And remember to always keep the bigger picture in mind. In ANY area of law, winning a judgment is only part of the equation, you must also be prepared to enforce and ensure it is collected.
MNM: What are the challenges in your area of practice?
KMT: One of the biggest challenges is balancing efficiency with thoroughness. When managing a high caseload, it’s easy to become focused on speed, but each case has unique nuances that deserve attention. Additionally, laws are constantly evolving, so staying up to date is crucial. The challenge is maintaining that balance between delivering results quickly and ensuring every aspect of the case is handled meticulously.
MNM: What’s something you wish they’d taught you in law school to prepare you for practicing law?
KMT: Law school equips you with the theoretical foundation, but it doesn’t always prepare you for the practical side of legal practice. I wish there had been more emphasis on case management, client relations, and the day-to-day demands of litigation.
MNM: What is the most interesting thing you’ve learned in your practice?
KMT: One of the most interesting things I’ve learned is the sheer power of a well-executed motion to seize property—which is tied into a funny story.
MNM: Any chance you’re willing to share the funny story for our readers?
KMT: Oh, absolutely. Picture this: We had a judgment against a well-known business dealing in fixtures and furniture. The judge granted our motion to seize property, and I was on a mission—either they hand over a check, or we’re hauling out desks and chairs like we’re opening a new showroom. I told the court officer, “I don’t care if you bring me back a couch, a car, or a coffee table—just get the money.” Now, I think this was the first time this business had ever been hit with something like this because the sheer chaos that followed was priceless. Every phone in their office was ringing off the hook—employees panicking, managers freaking out, court officers calling me like “Uh, they are NOT handling this well.” It was beautiful.
Two hours of mayhem later, boom—$12,000 check in hand. Victory! And the best part? This all happened in my first two weeks at my new firm. The partners were pleased. Also, the partners were away, so it was just me and the staff, none of whom had ever witnessed a property seizure before. Imagine their faces—pure shock, a hint of terror, and maybe a touch of excitement. Meanwhile, opposing counsel jumps in like, “Wait, wait, let’s talk about this.” Too late. Justice was served—especially for the elderly couple who we were representing. Honestly? It was fun. A little legal drama, a lot of adrenaline, and a great way to make a first impression.
Lesson learned: When justice calls, cut the check.
MNM: That sounds incredible. What was it like for you to experience that – was it like “ah, yes, vindication”?
KMT: When I tell you how much fun this was – it was crazy.
MNM: Well, and you would know better than anyone, but with litigation stuff, that can take forever. And it sounds like this happened so quickly – it must have been gratifying!
KMT: Absolutely, and the great part is, this field is all strategy. Like, in essence, what happens when you get that judgment? It’s not enough just to get the judgment, you need to be able to enforce it.
MNM: Right, like how they say you can’t bleed a stone.
KMT: Exactly. And that’s where having a background in consumer law is advantageous. If you don’t have it in mind, you’re not going to put a freeze on someone’s assets at the beginning of a case, for example.
MNM: It sounds like there’s so much mental preparation and strategy to these cases – do you feel like it’s almost formulaic or is it more of a case-by-case, each case requires different processes?
KMT: For consumer cases, definitely, depending upon who you are going for and what kind of debt it is. So let’s say for now we are just talking about consumer law as a whole, and you’re working a creditor’s rights case. You could be collecting for attorney’s fees or, you know, like a breach of contract or warranty. I try to streamline everything that I can. If I know there is a business involved, for example, I know there are going to be assets so I try to make sure those assets are somehow protected in the litigation process. It’s a very streamlined process from complaint, to judgment, then that judgment goes to a motion to seize. Or, another thing people don’t hear about much is creditor’s exams. A creditor’s exam is where you can bring the defendant in either in the court or in your office, depending on what the court prefers, and they have to produce their financial records. If they don’t produce their records or maybe they don’t even show up for the creditor’s exam, they can be found in contempt or get a bench warrant. If they get a bench warrant, the amount for their release is equal to the amount they owe. Strategically using those mechanisms can mean you don’t have to chase people; they will come to you.
MNM: That makes so much sense – it sounds like the experience sort of builds upon itself.
KMT: Absolutely. Once you get into the field it’s all about your experience and your use of the resources around you. This is why I say when you actually take the reins or go into the deep end, that’s wonderful. And if you have a good team around you like your paralegals and legal assistants along with legal resources like LexisNexis, it makes such a difference. And with LexisNexis they have the AI – and I’m very nervous about AI because you know it has all the potential ethics implications – but it can be a very useful starting point which is why I tell people to utilize it as a tool, like a jumping off point.
Another thing that’s very useful in my practice is domesticated judgments. For example let’s say you’re up against someone who moved from Michigan to Florida and you want to enforce your Michigan judgment in Florida. It’s important to know that process to get the court in Florida to enforce your Michigan judgment. It’s important in general to know the ways people may try to hide or shift outcomes in your cases; to be able to say “hey this is a fraudulent transfer of an asset“.
MNM: It sounds like this is an exciting area to practice in because you’re always on your toes, right?
KMT: Yea, definitely – you have all these moving pieces all the time. You have to know where everything is going, where everyone is. It becomes very exciting and this is what I tell people: I know sometimes there is a stigma against litigation when you are in law school where people are like “oh I’m not going to do litigation” because there’s this idea of not wanting to stand up in front of a judge and he doesn’t like your shoes and now your whole argument is thrown out because you wore pink shoes that day. But that’s not really how it is. It’s exciting – people should get into it!
MNM: I love that outlook. We’ve touched on so much today so I have to ask, any final words of advice for young lawyers who might be reading this and looking to get into your practice area?
KMT: Absolutely. The things that make you uncomfortable are things that you can definitely thrive in if you push your comfortability level. Once you do that the whole world opens up to you. You figure it out as you go, and if you have a great team, in the end it will work out. Rome wasn’t built in a day, and your legal career won’t be either. So long as you are accountable the other attorneys are going to respect you. And once they see that accountability they are going to start giving you more pull, power and agency in your cases. And know that passion can be just as effective as ambition. You’re building a kingdom with your practice and that kingdom is attached to your firm or – maybe even one day you outgrow that firm or that environment – but you bring your kingdom with you. It’s yours. You have authority. You have to remember that you have this authority and you exercise it and you remember where that authority comes from. And I believe that kingdom of your own can happen for you if you embrace the things are not comfortable.
Kayla ended our interview by showing me a painting that hangs on the wall of her office. It is a gorgeous painting of Joan of Arc in a Renaissance style. Joan is dressed in French armor and riding a white horse into battle; sword drawn and at the ready. It’s no surprise to me that Kayla looks at it every day and draws strength from it. It’s no surprise to me, either, that many of you will draw strength from her words in the same way. Many thanks to Kayla for sitting down with us for this Inter Alia Interview!
Kayla M. Toma is an attorney at Wood, Kull, Herschfus, Obee & Kull, P.C., a general practice law firm with specific knowledge and experience in consumer law, business and corporate law, estate planning and business litigation. Inter Alia thanks Kayla for her time and words of inspiration!
If you liked this interview and you have an attorney in mind who you would like to see Inter Alia interview, send us an email at: sbmyounglawyerssection@gmail.com.
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Megan N. Mitchell is an SBM YLS council member and attorney at Abdnour Weiker representing students and families with educational needs.
