Minnesota State Bar Association

Minnesota State Bar Association Blogs

Latest from Minnesota State Bar Association

<p>FOR IMMEDIATE RELEASE:<br /> July 2, 2020<br /> Contact: Teddy Tschann<br /> <a href=”mailto:teddy.tschann@state.mn.us” target=”_blank” rel=”noopener noreferrer” data-auth=”NotApplicable”>teddy.tschann@state.mn.us</a><br /> 651-402-8841&nbsp;</p> <p style=”text-align: center;”>Governor Tim Walz Appoints Kellie Charles, Edward Sheu to Fill Second Judicial District Vacancies</p> <p>[ST. PAUL, MN] &ndash; Today, Governor Tim Walz announced the appointment of Kellie Charles and Edward Sheu as District Court Judges in Minnesota&rsquo;s Second Judicial District. Both seats will be chambered in St. Paul.&nbsp;&nbsp;</p> <p>Ms. Charles&rsquo; appointment will fill…
<p><strong><em>By V. John Ella&nbsp;</em></strong></p> <p><img src=”https://www.mnbar.org/sf_images/default-source/publications/Bench-Bar/0720-termination.jpg?sfvrsn=0″ data-displaymode=”Original” alt=”0720-Termination” title=”0720-Termination” style=”float: left; margin-bottom: 10px; margin-right: 10px;” />Minnesota has several statutes that protect small businesses from termination of certain contracts regardless of the actual terms of the agreements in question. Imagine a very large, New York-based company working with a sales representative firm based in Minnesota. The New York company decides to end its relationship with the representative to move sales operations in-house and save money on…
<p><em>By Roy S. Ginsburg</em></p> <p> <div><img src=”https://www.mnbar.org/sf_images/default-source/publications/Bench-Bar/0720-planning.jpg?sfvrsn=0″ data-displaymode=”Original” alt=”0720-planning” title=”0720-planning” style=”float: left; margin-bottom: 10px; margin-right: 10px;” /><br /> <br /> <br /> The covid-19 pandemic is a red alert for elderly solo and small law firm owners to put a succession plan in place if they haven&rsquo;t already done so. Unpalatable and difficult as it may be, it&rsquo;s time for practicing lawyers in their 60s or 70s to acknowledge their mortality and forge a plan.</div>…
<em>By Robin Wolpert<br /> <br /> </em> <p><img src=”https://www.mnbar.org/sf_images/default-source/publications/Bench-Bar/0720-sleep.jpg?sfvrsn=0″ data-displaymode=”Original” alt=”0720-sleep” title=”0720-sleep” style=”float: left; margin-bottom: 10px; margin-right: 10px;” />The National Task Force on Lawyer Well-Being urges us to create a national movement toward improving the health of the profession. During the bar year just past, MSBA President Tom Nelson led our statewide efforts&nbsp; to make it safe to say, &ldquo;I&rsquo;m not OK,&rdquo; and to ask for help in addressing our well-being. The Minnesota Supreme Court,…
<p>FOR IMMEDIATE RELEASE:<br /> June 30, 2020<br /> Contact: Teddy Tschann<br /> <a href=”mailto:teddy.tschann@state.mn.us” target=”_blank” rel=”noopener noreferrer” data-auth=”NotApplicable” id=”LPlnk394224″>teddy.tschann@state.mn.us</a><br /> 651-402-8841&nbsp;</p> <p style=”text-align: center;”>Governor Walz Appoints Jeanine Brand to Ninth Judicial District</p> <p>[ST. PAUL, MN] &ndash; Today, Governor Tim Walz announced the appointment of Ms. Jeanine Brand as a District Court Judge in Minnesota&rsquo;s Ninth Judicial District. Ms. Brand will fill the vacancy occurring upon the retirement of the Honorable Paul T. Benshoof. She will&nbsp;be…
<h3 style=”text-align: center;”>Uncertain Times, Unresolved Issues</h3> <p style=”text-align: center;”><em>By Bryan Lake<br /> </em><em><br /> &ldquo;Normal is the Holy Grail and only those&nbsp;</em><em>without it know its value.&rdquo;</em><em><br /> </em></p> <p style=”text-align: center;”><em> &ndash; Sarah Crossan, One (2015)</em></p> <p>The 2020 Minnesota legislative session was anything but normal. When it began on February 11, the DFL-controlled House and GOP-controlled Senate had clear priorities. Democrats wanted funding increases for childcare and early childhood education. Republicans wanted to cut taxes.…
<p><em>By James C. Backstrom<br /> </em></p> <p>There is a role for everyone in ensuring that our children are as safe and secure as possible. As a career prosecutor, I can tell you that far too many children are abused and neglected each year in our state and nation. Tragically, only a small percentage of these cases ever get reported to child protection authorities, law enforcement, and prosecutors, thereby enabling these professionals to intervene to protect…
<em>By William J. Wernz</em> <p><img src=”https://www.mnbar.org/sf_images/default-source/publications/Bench-Bar/0720-paper-ethics.jpg?sfvrsn=0″ data-displaymode=”Original” alt=”0720-Paper-Ethics” title=”0720-Paper-Ethics” style=”float: left; margin-bottom: 10px; margin-right: 10px;” />Who in your law firm is responsible for adopting and updating policies and procedures on legal ethics matters? Who is responsible for training lawyers and staff on these matters? Must your firm audit its own files and procedures to reasonably ensure compliance with the ethics rules? What are the areas of law firm operation that are important for ethics scrutiny?&nbsp;…
<p>As the calendar turned to June and the nation continued to cope with the aftermath of the killing of George Floyd, the Minnesota Senate allegedly fell victim to the international hacktivist group Anonymous. On June 2, the Senate&rsquo;s servers were breached and passwords used by senators and staff were accessed, resulting in web pages going down. As noted in the Pioneer Press, &ldquo;In a tweet, the hacking movement Anonymous highlighted the hack, which appears to…
<p>You have a conversation with someone who is considering hiring you for a legal matter.&nbsp; You decide not to undertake the representation. Because no fee agreement was signed, the conversation does not have any future implications for you, right? Well, not exactly. Understanding your ethical obligations to prospective clients is an important part of ensuring an ethical practice. &nbsp;</p> <p>Rule 1.18, Minnesota Rules of Professional Conduct, addresses duties to &ldquo;prospective clients:&rdquo; individuals who consult with…