Minnesota Lawyer articles from July 2004

Minnesota Lawyer archives from July 2004

MN State Bar Assn. debate highlights ties with provider of legal-malpractice insurance.(Minnesota Lawyers Mutual Insurance Co.)
July 5, 2004... Byline: Barbara L. Jones A recent professional-liability-insurance debate within the Minnesota State Bar Association (MSBA) highlights the close-knit but ill-defined relationship that the association has with a leading local provider of...

US Supreme Court decision casts doubt on sentence practices.(Blakely v. Washington)
July 5, 2004... Byline: Barbara L. Jones Judges and criminal law attorneys around the state are having mixed reactions to a recent U.S. Supreme Court decision that requires all facts supporting an upward departure from sentencing guidelines to be...

MN State Bar Assn. to participate in drafting civil jury instruction guide.(Minnesota State Bar Association)
July 5, 2004... Byline: Michelle Lore Minnesota attorneys now have a chance to provide significant input into the development of the fifth edition of the Civil Jury Instruction Guides (JIGs). While the Minnesota District Judges Association (MDJA),...

MN Court of Appeals rules revocation notice for driver's license was misleading.(Minnesota Court of Appeals)(Plocher v. Commissioner of Public Safety)
July 5, 2004... Byline: Barbara L. Jones Where a 30-day notice of a license revocation was mailed to a driver on May 15 and allegedly received on May 20, the dismissal on timeliness grounds of the driver's June 18 petition seeking judicial review of the...

When sandpapering questions or making suggestions goes too far.(Minnesota Rules of Professional Conduct)
July 5, 2004... Byline: Office of Lawyers Professional Responsibility A lawyer representing plaintiffs in personal injury actions routinely sent letters by facsimile transmission to treating physicians seeking reports regarding the permanency of injuries...

Employer gets judicial review of job classification.(AAA Striping Service Co. v. Minnesota Department of Transportation)
July 5, 2004... Byline: Michelle Lore A road-marking company could challenge the state of Minnesota's classification of its workers through a declaratory judgment action where there was no administrative proceeding in which it could participate to contest...

Ramsey County names chief and assistant chief judges.(Brief Article)
July 5, 2004... Byline: Minnesota Lawyer Staff Reporter The 2nd Judicial District last week announced the election of Judge Gregg E. Johnson as the district's chief judge. Judge Kathleen R. Gearin has been elected assistant chief judge. Both judges began...

MN governor appoints ad hoc committee to screen high court candidates.(Brief Article)
July 5, 2004... Byline: Minnesota Lawyer Staff Reporter Gov. Tim Pawlenty has created a seven-member ad hoc screening committee to make recommendations on filling the Minnesota Supreme Court vacancy created by the recent resignation of Justice James H....

New judge appointed in 6th Judicial District.(Brief Article)
July 5, 2004... Byline: Minnesota Lawyer Staff Reporter Governor Tim Pawlenty last week announced the appointment of Shaun R. Floerke to a 6th Judicial District trial court bench vacancy in the city of Duluth in St. Louis County. The opening occurred with...

MN State Bar Assn. committee consultants recommend Liberty policy.(Minnesota State Bar Association)(Excerpt)
July 5, 2004... Byline: Barbara L. Jones The following excerpts are taken from a letter to the Minnesota State Bar Association (MSBA) from Chicago professional liability lawyers Mitchell A. Orpett and Willis R. Tribler, who served as consultants to the...

MN Legal Briefs: July 5, 2004.(Fund for Legal Aid Society)(Brief Article)
July 5, 2004... Byline: Minnesota Lawyer Staff Reporter The Fund for Legal Aid Society, which raises private sector support for the Legal Aid Society of Minneapolis, has appointed two new officers effective July 1. Robert J. Hennessey, an attorney at...

MN Supreme Court considers two cases charging judicial bias.(Minnesota Supreme Court )
July 5, 2004... Byline: Marshall H. Tanick Charges of judicial bias are often uttered by losing litigants. They occasionally are raised as issues on appeal. The Minnesota Supreme Court has recently looked at a pair of cases that question whether there...

Dakota County to try interactice television arraignments.
July 12, 2004... Byline: Barbara L. Jones A 90-day pilot project to conduct some criminal arraignments in Dakota County by interactive television (ITV) is scheduled to begin in August after some wrinkles are ironed out, those involved say. The system...

Bar's pro bono initiatives are reported successful.
July 12, 2004... Byline: Michelle Lore When Minneapolis attorney James L. Baillie took over leadership of the Minnesota State Bar Association (MSBA) in July 2003, he made the crisis in legal services a primary focus of his presidency. While Baillie's term...

Court could hear claim for military disability pay.
July 12, 2004... Byline: Michelle Lore Federal law did not preclude a District Court judge from considering whether to enforce the provisions of a stipulation regarding a husband's military disability benefits in a marital dissolution action, the Court of...

Complaint that is not signed by an attorney may be amended.
July 12, 2004... Byline: Barbara L. Jones In a case of first impression, the Court of Appeals has ruled that a complaint signed by an officer of a corporation and not an attorney may be amended to add the proper signature and that the amendment relates...

2004 Legislature passes key regulatory changes.(healthcare events reporting regulations also modified)
July 12, 2004... Byline: Ember Reichgott Junge Attorneys practicing law within regulated industries like insurance, telecommunications, or real estate should take note of changes made by the 2004 Legislature. A wide range of regulatory changes were made,...

Conviction reversed on Confrontation Clause grounds.
July 12, 2004... Byline: Barbara L. Jones A man convicted of assaulting his former girlfriend will receive a new trial because a tape-recorded statement between a child witness and a child protection officer was admitted at the trial in violation of the...

Thirty candidates seek Supreme Court position.(Brief Article)
July 12, 2004... Byline: Minnesota Lawyer Staff Reporter Thirty applicants have applied for the Minnesota Supreme Court vacancy created by the resignation of Justice James A. Gilbert, announced John Hultquist, judicial appointments coordinator for Gov. Tim...

Commentary: Where's the legal beef in the 8th Circuit farm cases?(8th U.S. Circuit Court of Appeals)
July 12, 2004... Byline: Marshall H. Tanick The middle of summer is the time for the annual Farm Fest extravaganza, celebrating its 19th anniversary in Minnesota this year. The program, which runs this year from Aug. 3-9 in Redwood County, will attract its...

MN Legal Briefs July 12, 2004.
July 12, 2004... Byline: Minnesota Lawyer Staff Reporter Hinshaw & Culbertson has announced that Jeffrey D. Bland has joined the firm as an associate. He practices in business law with particular emphasis on real estate and environmental matters. Bland...

MN Court of Appeals holds that assignment of lawsuit proceeds champertous.
July 19, 2004... Byline: Barbara L. Jones Where a party to a lawsuit borrowed funds from a third party to pay for litigation and signed a note for some of the funds, the agreement as expressed in the note was not void as constituting maintenance and...

MN Supreme Court Committee issues recommendations on putting court documents online.
July 19, 2004... Byline: Barbara L. Jones A Supreme Court advisory committee has recommended a "go slow" approach to putting court records on the Web, but nevertheless has advised that most information generated by a court should be available online. ...

MN Court of Appeals rules resident alien can't withdraw guilty plea in drug case.
July 19, 2004... Byline: Michelle Lore Where deportation was not a definite, immediate and automatic consequence of a resident alien's drug conviction, the District Court judge erred in allowing the defendant to withdraw his guilty plea on grounds that the...

Eagan attorney helps Bosnia benefit from West's KeyCite system.(Interview)
July 19, 2004... Byline: Michelle Lore Eagan attorney Alan Cohen, senior director of marketing at Thomson West, earlier this year spent 10 days as a volunteer with the United Nations in Bosnia, where he worked with Bosnian and international officials to...

MN Court interpreter program to be held in Worthington.
July 19, 2004... Byline: Minnesota Lawyer Staff Reporter The Minnesota Court Administrator's Office will hold an ethics test and orientation to court interpreting in Worthington from July 29-31. Individuals with interpreting skills in any language are...

District Court judge rules losing defendant can't challenge distribution of funds.(Brief Article)
July 19, 2004... Byline: Minnesota Lawyer Staff Reporter A herbicide manufacturing company that was ordered to pay $52 million in a class action suit brought by farmers has no standing to challenge the plaintiff's distribution of the funds to the class...

Minnesota's new election complaint procedure takes effect.(Minnesota's Fair Campaign Practices Act)(Minnesota County Attorneys Association )
July 19, 2004... Byline: Ember Reichgott Junge On July 1, 2004, a complaint against a state representative was filed with the Minnesota Office of Administrative Hearings alleging violation of Minnesota's Fair Campaign Practices Act. Within days, an...

MN Legal Briefs: July 19, 2004.(Krass Monroe, Law firms)(Tom MacIntosh)
July 19, 2004... Byline: Minnesota Lawyer Staff Reporter Krass Monroe has announced that Tom MacIntosh has joined the firm as co-chair of the newly formed franchise, distribution and intellectual property law practice group. Making the move with MacIntosh...

In seven different cases, courts rule no Miranda, no suppression.
July 19, 2004... Byline: Marshall H. Tanick "While every person is entitled to stand silent, it is more virtuous for the wrongdoer to admit his offense and accept the punishment he deserves." - Minnick v. Mississippi, 111 S. Ct. 486, 498 (1990)(Scalia,...

Ramsey County Bar Assn. holds annual Families First Picnic.(Brief Article)
July 19, 2004... Byline: Minnesota Lawyer Staff Reporter In conjunction with staff from St. Paul public schools, volunteer attorneys from the Ramsey County Bar Association (RCBA) held the 11th annual Families First Picnic for more than 300 children and...

Hennepin County to hold restorative justice initiative.(Public Notice)
July 19, 2004... Byline: Minnesota Lawyer Staff Reporter For the second time since 2003, the 4th Judicial District, in collaboration with the faith community, nonprofits and Minneapolis neighborhood organizations, is providing individuals an opportunity to...

Openings announced on Minnesota's racial fairness committee.(Public Notice)
July 19, 2004... Byline: Minnesota Lawyer Staff Reporter Three positions are open on the Implementation Committee on Multicultural Diversity and Racial Fairness in the Courts. The committee was created in 1993 to monitor implementation of the Race Bias Task...

Candidate for Minnesota Supreme Court is on disability status.
July 26, 2004... Byline: Mark A. Cohen Four years ago, Patricia Jambois, a lawyer then on suspension for nonpayment of her attorney dues, walked into the Ramsey County Attorney's Office, took out a spray can full of India ink and sprayed across the rug,...

MN Supreme Court orders glass company to arbitrate its claims.(cases)
July 26, 2004... Byline: Michelle Lore The No-Fault Act requires that an auto glass service company separately arbitrate its 5,700 claims against an insurance company over repair or replacement of policyholders' windshields, the Minnesota Supreme Court has...

Firefighter's freezer search is unreasonable, MN Court of Appeals rules.(cases)
July 26, 2004... Byline: Michelle Lore Evidence of marijuana plants discovered in a basement freezer by a firefighter should have been suppressed where the state did not meet its burden of showing that the firefighter's search of the freezer was justified,...

Cousins lack standing to seek custody of orphan, rules MN Court of Appeals.(cases)
July 26, 2004... Byline: Barbara L. Jones Cousins lacked standing to seek custody as "interested third parties" where there was no evidence that they had a substantial relationship with an orphaned child at the time of the filing of the petition, the Court...

Use of runners to solicit patients was not unprofessional, rules MN Supreme Court.(cases)(Brief Article)
July 26, 2004... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court has determined that a chiropractor's use of "runners" or "cappers" to solicit Hmong accident victims, without more, did not constitute unprofessional conduct. ...

MN Supreme Court affirms validity of exculpatory release.(cases)(Brief Article)
July 26, 2004... Byline: Minnesota Lawyer Staff Reporter The Minnesota Supreme Court has affirmed a Court of Appeals' decision that an exculpatory release signed by a man who later drowned while taking scuba diving classes was valid. The deceased had...

Commentary: A press primer for high-profile corporate cases.
July 26, 2004... Byline: Roberta Brackman and Joseph Price In today's 24/7 media world, neither summary judgment nor victory at trial is enough to protect your client from the potentially disastrous impact of high-profile litigation. Often, all it takes is...

Challengers file in four of Minnesota's seven appellate races.
July 26, 2004... Byline: Mark A. Cohen Four of the seven appellate judges up for election this fall face challenges for their seats. Challengers filed against Supreme Court justices Helen Meyer and Alan Page. Justice Samuel Hanson, the third justice up...

The architect behind many of the Twin Cities' law buildings.
July 26, 2004... Byline: Todd Messelt If you practice law in the Twin Cities area, chances are good you've been in a building designed by Minneapolis architect Leonard Parker. Parker is a key figure in the local design community who has won praise for his...

Dual disability decisions demonstrate the status of Americans with Disabilities Act.(Appeal cases)
July 26, 2004... Byline: Marshall H. Tanick The law of disability discrimination has focused a lot lately on the states. A high-profile case decided by the U.S. Supreme Court near the end of its recently concluded 2003-04 term concerned the public...

MN Legal Briefs: July 26, 2004.(Parsinen Kaplan Rosberg & Gotlieb P.A. )(Brief Article)
July 26, 2004... Byline: Minnesota Lawyer Staff Reporter Shane Swanson of Parsinen Kaplan Rosberg & Gotlieb P.A. was named a partner of the firm last month. He is part of the firm's personal legal planning team which helps clients benefit from managing an...

Finalists announced for seat on 10th district bench in Sherburne County.(Brief Article)
July 26, 2004... Byline: Minnesota Lawyer Staff Reporter The Commission on Judicial Selection has announced four finalists for a 10th Judicial District trial court bench vacancy in the city of Elk River in Sherburne County. The opening occurred with the...

Vacancy announced on 7th Judicial District bench in Stearns County.(Vacancy)(Brief Article)
July 26, 2004... Byline: Minnesota Lawyer Staff Reporter The Commission on Judicial Selection has announced a 7th Judicial District trial court bench vacancy in the city of St. Cloud in Stearns County. The vacancy will occur with the retirement of Judge...

Minnesota judges and lawyers reenact landmark civil rights case.(Brown)(Board of Education)(Reenactment)(Brief Article)
July 26, 2004... Byline: Minnesota Lawyer Staff Reporter This year marks the 50th anniversary of the U.S. Supreme Court's decision in Brown v. Board of Education, which put an end to the doctrine of "separate but equal" in our nation's public education...

Commentary: Effective networking through bar associations.(American Bar Association)(Column)
July 26, 2004... Byline: Jason C. Kohlmeyer One of the most misunderstood terms I know is the word "networking." Many people believe that to network one has to act like a used car salesperson (with no offense intended to any former or current used car...

Commentary: Thoughts on establishing a successful law practice.(Column)
July 26, 2004... Byline: Steve H. Silton The process of building a law practice, like law itself, does not have any hard and fast rules. What I have done to establish and build a law practice over my nine-year career is not universally applicable to all...

Commentary: The importance of knowledge management to a firm.
July 26, 2004... Byline: Karen L. Opp Knowledge-management tools and other technologies can be an essential part of an attorney's practice. Many people have the misconception that knowledge management and sophisticated technologies (e.g.,...

Commentary: Serving clients as a trusted source of information.(law practice development)(Column)
July 26, 2004... Byline: Michael Vitt Successful law practice development frequently includes a strategy to serve as a trusted source of information for clients or prospective clients. People hire lawyers they trust, and they hire lawyers who inspire...

Commentary: Minimizing ethics and malpractice problems.
July 26, 2004... Byline: Charles E. Lundberg There are two basic principles for shaping a law practice to effectively deal with legal malpractice and legal ethics issues: First, practice in such a way that no legal malpractice or legal ethics problems...

Commentary: Effectively marketing yourself and your services.(Column)
July 26, 2004... Byline: Rebecca Rhoda Fisher Clients are obviously the key to a successful law practice, but where do they come from? Although a client may occasionally stop in at an attorney's office out of the blue, most clients have heard of the...

Commentary: Moving from strategic thinking to strategic action.(Maslon Law Firm)(Column)
July 26, 2004... Byline: Terri Krivosha As the chair of the Maslon Law Firm since May 2003, I have been given a wonderful opportunity to learn firsthand about implementing a strategic plan. While many firms have engaged in strategic planning processes...

Commentary: The benefits of building unique office space.
July 26, 2004... Byline: Eric T. Berkman When people picture the stereotypical law office, they most likely envision a bland suite in a nondescript corporate office building with a few generic Persian rugs, mahogany fixtures and leather chairs scattered...

Commentary: Building your firm: Four rules to recruiting success.
July 26, 2004... Byline: Patricia A. Comeford Every legal employer today struggles with retention and attrition issues. The key to retention, quite simply, is effective recruitment. Certainly, it's important to treat attorneys well, create a successful...

Commentary: Successfully developing a lifelong network.
July 26, 2004... Byline: Joan Bibelhausen Most attorneys think about going into business for themselves at one time or another. Some begin to plan for this the day they apply to law school. For others, these thoughts arise in the midst of frustrations with...

Commentary: To offshore or not to offshore legal services.
July 26, 2004... Byline: Joan Bibelhausen As outside counsel, imagine being able to provide your clients with legal services at a fraction of what it would cost them to perform the same such services internally. Economic considerations, technology,...

A four-part map to get lawyers on the road.
July 26, 2004... Byline: Barbara L. Jones A lawyer starting out or starting over may feel like a kid in a candy store - thrilled to be there, but overwhelmed. There are some steps that go beyond making notes on a yellow pad that are necessary to get...

Flat rates and other creative-fee arrangements.
July 26, 2004... Byline: Michelle Lore Attorney fees have a way of adding up. In an attempt to alleviate client concerns about excessive or unpredictable fees, more and more lawyers are offering clients options such as flat fees, contingency-fee...

The benefits of using law office consultants.
July 26, 2004... Byline: Barbara L. Jones Have you ever had that panicky feeling about your law office - that you're being pulled under a tidal wave or the place is going up in flames? Don't worry, there is help. It's a truism that law schools don't...