Minnesota Lawyer articles from July 2007

Minnesota Lawyer archives from July 2007

Minnesota side businesses make for Healthier Bottom Lines.(law firms Fredrikson & Byron and Halleland, Lewis, Nilan & Johnson start health-care consultancies)
July 2, 2007... Byline: Jane Pribek In a recent, fairly short-lived television series on NBC called "Ed," the hero of this comedy/drama was a lawyer who also ran a bowling alley. It's probably the first time the general public was exposed to the idea of...

A record number of takers bracing for Minnesota bar exam.
July 2, 2007... Byline: Dan Heilman Twice a year in Minnesota, it's a rite of passage for newly minted lawyers -- and occasionally, a rite of failure. The state's two-day bar exam is scheduled to begin on July 24, and in anticipation, hundreds of...

Non-equity partnerships less common, friendlier here (for now, anyway).
July 2, 2007... Byline: Dan Heilman After several years at Merchant & Gould as a transactional patent prosecution lawyer, Katherine Kowalchyk found herself at a crossroads: She enjoyed her work and wanted to stay up to speed on the rapidly changing world...

Minnesota Supreme Court rules gun should be suppressed.
July 2, 2007... Byline: Barbara L. Jones A gun found in the door panel of a car should have been suppressed as evidence because police exceeded the scope of a permissible search, the Minnesota Supreme Court has ruled. Minneapolis police officers...

Finding your style through trial (and error).
July 2, 2007... Byline: Dan Heilman One of the iconic images in lawyerdom is that of Clarence Darrow facing a jury, thumbs hooked in his suspenders, appealing to them in plainspoken language meant to eventually drive home a salient point that turns the...

For Minnesota's poor, legal help may soon be one phone call away.(Call for Justice Task Force to partner with United Way to provide legal assistance to the poor)
July 2, 2007... Byline: Michelle Lore You're in need of legal services, but have no money to pay for them. You have no idea where to turn. Who do you call? Right now the answer to that question is a lawyerly "it depends." The proper number to dial...

Ramsey County Bar Foundation golf tournament raises $12,000 for charity.
July 2, 2007... Byline: Minnesota Lawyer Staff Reporter The Ramsey County Bar Foundation Golf Tournament has raised approximately $12,000 for the foundation. Twin Cities area lawyers and judges participated in the annual fundraiser on June 4 at...

Minnesota Bar Buzz: July 2, 2007.(Kennedy & Graven hosts Al Franken)(St. Louis County District Court Judge Mark Munger writes book named "Esther's Race")(Minnesota State Bar Association's "Wills for Heroes" program)
July 2, 2007... Byline: Minnesota Lawyer Staff Reporter Franken meets and greets at Kennedy & Graven "If I had become a lawyer, my mother would've been thrilled." Punctuated by his trademark cackle, U.S. Senate candidate Al Franken traded quips...

Commentary: Creating an effective team.
July 2, 2007... Byline: Edward Poll Lawyers, like managers everywhere, must connect with their staff. Creating an effective team is perhaps your number one practice responsibility. Your staff must share your work ethic, values and belief in the work...

Commentary: Dealing judiciously with judicial elections in Minnesota.
July 2, 2007... Byline: Mark A. Cohen As the movie "The Queen" opens, Helen Mirren, portraying Queen Elizabeth II, is engaged in a conversation with an artist who is painting the queen's portrait. The subject of their discussion is the day's election....

Minnesota Lawyers in the News: July 2, 2007.
July 2, 2007... Byline: Minnesota Lawyer Staff Reporter Gary J. Gordon, previously a partner at Rider Bennett, has joined the firm of McCollum, Crowley, Moschet & Miller, Ltd. as a shareholder. Gordon has more than 30 years of practice in civil and...

Dept. of State seeking "senior rule of law advisor" in Iraq.
July 2, 2007... Byline: Dolan Media Newswires Wanted: Attorney willing to relocate to one of the most dangerous places in the world. Not a lot of lawyers would jump at that job offer, but for those willing to call an Iraqi military compound home, an...

Commentary: 'Austin' powers: Appellate actions affirm probation revocations.
July 2, 2007... Byline: Marshall H. Tanick Wrongdoers who are sentenced for criminal offenses often end up on probation for some period of time. But that status may be revoked and further punishment imposed if they fail to adhere to their probationary...

Commentary: Avoiding conflicts of interest when changing firms.
July 2, 2007... Byline: Craig D. Klausing Lawyers who have been practicing law for a number of years may recall a time when young lawyers graduated from law school, were hired by a law firm and remained with the firm until retirement. However, over...

Local charm.(Brief article)
July 5, 2007... Byline: Daily Record Staff After the Maryland Film Office presented location photos of more than 15 towns, and after a three-day scout by the director and producers, Havre de Grace was chosen as the location for the filming of "From...

Defending Iraq War vets.
July 9, 2007... Byline: Michelle Lore The recent high-profile case involving Iraq war veteran Anthony Klecker --whose drunken driving caused the death of a 16-year-old high school cheerleader -- highlights some of the issues criminal defense attorneys...

Minnesota attorney takes the reins of nation's largest trial lawyers' group.
July 9, 2007... Byline: Michelle Lore Next month, the Minnesota legal community will see one of its own take over as president of the nation's largest group of trial lawyers. Minneapolis attorney Kathleen Flynn Peterson, a partner with Robins Kaplan...

Minn. COA rules Confrontation Clause rights violated.
July 9, 2007... Byline: Minnesota Lawyer Staff Even though a murder defendant skipped bail and spent four year on the run, he did not lose his constitutional right to cross-examine the laboratory technician who conducted the test that determined how his...

Minn. State Bar Assn. approves plan to scrap judicial elections in Minnesota.
July 9, 2007... Byline: Barbara L. Jones As concerns mount about the potential for politicized judicial races coming to Minnesota, the state bar association narrowly passed a resolution calling for the state to end its century- and-a-half-old practice of...

Interview with Hon. Timothy R. Bloomquist, Minn.'s 10th Judicial District.(Interview)
July 9, 2007... Byline: Dan Heilman In his 16 years as a judge in Minnesota's 10th Judicial District, Timothy Bloomquist has made it a point to emphasize the importance of legal protection for children. He's also made that a priority away from the bench,...

Minn. Chief Justice Anderson says 'Storm clouds are on the horizon' for impartial judiciary.
July 9, 2007... Byline: Minnesota Lawyer Staff In his annual state of the judiciary address, Minnesota Supreme Court Chief Justice Russell A. Anderson warned that there are "storm clouds on the horizon" that threaten judicial independence. Anderson...

Fed court ruling clears way for trial in Minneapolis over Guidant Corp.'s flawed heart devices.
July 9, 2007... Byline: Nora Lockwood Tooher A recent ruling by a federal judge has cleared the way for the first trial over Guidant Corp.'s flawed heart devices to begin July 30 in Minneapolis. Leopoldo Duron Jr., a 73-year-old California resident,...

Minnesota Bar Buzz: July 9, 2007.
July 9, 2007... Byline: Minnesota Lawyer Staff Al Quie: A democrat? During the panel on judicial elections at the MSBA convention, former Republican Governor Al Quie -- the chair of the Quie Commission -- mentioned as an aside that he is a...

Association News.
July 9, 2007... Byline: Minnesota Lawyer Staff Reporter President 110 assumes the baseball cap of leadership The gavel of MSBA leadership passed from St. Paul attorney Patrick Kelly to Brian Melendez of Minneapolis on June 29 in the final moments of...

Minnesota Lawyers in the News: July 9, 2007.
July 9, 2007... Byline: Minnesota Lawyer Staff Christopher A. Johnston and Christopher P. Martineau have formed the law firm of johnston | martineau, PLLP. They will practice in the area of personal injury, wrongful death and premises liability. Johnston...

Minnesota Legal Briefs: July 16, 2007.(Faegre and Benson and kalina wills penalised )
July 16, 2007... Byline: Minnesota Lawyer Staff Reporter Court clarifies intent needed to support homicide charge The Minnesota Supreme Court has determined that the intent element to be proven to support a charge of criminal vehicular homicide for...

Minnesota appellate courts await more security.
July 16, 2007... Byline: Dan Heilman When Susan Berkovitz shot Shelly Joseph-Kordell to death and wounded her attorney, Richard Hendrickson, in a September 2003 attack at the Hennepin County Government Center, the county knew it had to react. Within a...

Restrictions on property may amount to a government taking.
July 16, 2007... Byline: Barbara L. Jones A city's refusal to amend its comprehensive plan may amount to a regulatory taking of property if the denial leaves no reasonable use of the property, the Minnesota Supreme Court has determined. The case...

These Minneapolis lawyers practice by the Book.
July 16, 2007... Byline: Dan Heilman A small plaque on Paul Baertschi's desk contains a quotation from the 18th-century Irish politician Edmund Burke: "All that is necessary for the triumph of evil is that good men do nothing." That philosophy helps...

Rottlund Homes settles $32M suit.(Pinnacle Corporation)
July 16, 2007... Byline: Barbara L. Jones The results of a recently concluded lawsuit support the argument that copyright protection extends to the "look and feel" of an architectural design, not just a design's individual elements. They also reinforce...

Carving out a niche.
July 16, 2007... Byline: Michelle Lore What are your interests? What is your background? What kind of lifestyle do you want to lead? These are all questions you need to ask yourself when considering opening up a niche law practice. Whether to...

Professional development CLEs appear here to stay.(continuing legal education)
July 16, 2007... Byline: Barbara L. Jones When some lawyers pushed a few years ago to broaden the continuing legal education rules to encompass "professional development" courses, there was some push-back. It was feared that lawyers would quit studying...

EEOC issues guidelines addressing cases of family responsibilities discrimination.
July 16, 2007... Byline: Correy E. Stephenson As the number of cases alleging family responsibilities discrimination continues to rise, the Equal Employment Opportunity Commission recently issued guidelines to address the topic. According to the...

'One step at a time' trumps fear, stress.
July 16, 2007... Byline: Edward Poll I could hear the stress on the other end of the phone. A coaching client had called and obviously needed help, but he couldn't verbalize why. His practice seemed to be spinning out of control, and he couldn't...

Giving peace a better chance.(www.nita.org)
July 16, 2007... Byline: Nora Lockwood Tooher Although almost all of Jack Else's cases end up in mediation, he still felt like he was not making full use of the persuasive skills he had developed early in his career as a trial lawyer. So, in an effort...

Commentary: What's work? Appellate actions advance answers.
July 16, 2007... Byline: Marshall H. Tanick For most people, work can be woeful, wonderful or somewhere in-between. But, for unemployment purposes, whether employees are working, or trying to do so, can be dispositive with respect to their right to...

Minnesota Lawyers in the News: July 16, 2007.
July 16, 2007... Byline: Minnesota Lawyer Staff Reporter Five attorneys have joined Hellmuth & Johnson, PLLC. Ryan M. O'Leary practices in community association law; Anthony T. Smith and J. Matthew Berner practice construction law and litigation; Sarah B....

Minnesota Bar Buzz: July 16, 2007.(Minnesota. Department of Health pays penalty to massage therapist)(LaRae Lundeen Fjellman)
July 16, 2007... Byline: Minnesota Lawyer Staff Reporter Attorney fees: There's the rub The Minnesota Department of Health has agreed to pay $5,800 in attorney fees to a massage therapist whom it investigated for marrying a former client. However,...

Vacancies announced on 7th District bench.
July 16, 2007... Byline: Minnesota Lawyer Staff Reporter The Commission on Judicial Selection has announced that applications are being accepted for two 7th Judicial District trial court bench vacancies. The first vacancy will occur with the retirement of...

'Boxing in' witnesses.(deposition of a witness)
July 23, 2007... Byline: Nora Lockwood Tooher For 29 years as a plaintiffs' trial lawyer in Milwaukee, Wis., Paul Scoptur has deposed adverse expert and lay witnesses in cases focused on auto accidents, medical malpractice, product liability and brain...

Commentary: Hanging a shingle on a 'shoestring'.(opening up a law office)
July 23, 2007... Byline: Edward Poll You've decided to open your own practice. You've heard that it takes up to five years to get a new practice established. You know the rule of thumb that you need six months of living expenses saved before you pay...

Minnesota Lawyer in the News: July 23, 2007.
July 23, 2007... Byline: Minnesota Lawyer Staff Jeffrey A. Peterson has joined Gray Plant Mooty's St. Cloud office. Peterson is an associate in the firm's commercial financial services practice group, focusing in the areas of agricultural and agribusiness...

Commentary: U.S. News and World Report listings a lot of rank silliness.(Editorial)
July 23, 2007... Byline: Mark A. Cohen It's kind of funny that the institutionalized snobbery represented by law school rankings is still as prevalent as it is in a supposedly egalitarian society. That's right, here in the Land of Liberty where every...

Minnesota Bar Buzz: July 23, 2007.
July 23, 2007... Byline: Minnesota Lawyer Staff Forsooth! The Minnesota Supreme Court waxes poetic While none of its opinions were written in iambic pentameter last week, the Minnesota Supreme Court was definitely infused with the spirit of...

Across the Region.(law and order)
July 23, 2007... Byline: Minnesota Lawyer Staff Reporter IOWA AG looks into long-term care insurance The staff of Iowa Attorney General Tom Miller is investigating the sale of long-term care insurance policies to senior citizens. The decision...

Statistics show the Minnesota's biggest law firms are getting bigger.
July 23, 2007... Byline: Barbara L. Jones Minneapolis-based Maslon Edelman Borman and Brand recently joined an elite group when it became one of the state's 10 largest law firms. The 82-lawyer firm became one of the Big 10 after the 90-lawyer Rider...

Taking the pulse of 'health courts'.
July 23, 2007... Byline: Dick Dahl Doctors and tort reformers are pushing legislation in both houses of Congress to fund pilot projects in 10 states that would create administrative panels known as "health courts." The legislation -- which is intended...

Minnesota Legal Briefs: July 23, 2007.
July 23, 2007... Byline: Minnesota Lawyer Staff Supreme Court disbars criminal defense attorney In a 5-2 decision, the Minnesota Supreme Court has disbarred a criminal defense attorney who was convicted of attempted theft by swindle from a client. ...

MARKETING.
July 27, 2007... Byline: Daily Record Staff Erica Chlada is the new account supervisor in the Baltimore office of marketing communications firm Weber Shandwick. Since joining the firm in 2006, she has provided strategic counsel, media relations, crisis...

Hennepin County District Court awards of law school costs upheld.
July 30, 2007... Byline: Michelle Lore A wealthy philanthropist's broken promise to finance a woman's legal education has led to a court ruling upholding an $87,000 judgment against him. Walter Fields encouraged his then-friend, Marjorie Conrad, to...

Lawyers in Minn. facing a critical shortage of office support personnel.
July 30, 2007... Byline: Barbara L. Jones Memo to lawyers throughout the state: The legal profession is facing a critical shortage of administrative support personnel. Office specialists, legal administrative assistants, legal secretaries -- however...

Minn. Supreme Court rules settlement may be reopened based on lawyer's statements.(Minnesota Supreme Court)
July 30, 2007... Byline: Barbara L. Jones An attorney's statements during settlement negotiations may amount to actionable misrepresentations and may provide a basis for recission of a settlement, the Supreme Court has ruled. The decision could have a...

These dream teams are a hit in the Minneapolis legal community.
July 30, 2007... Byline: Dan Heilman Early last week, some key players from the Minneapolis law firm Dorsey & Whitney defeated an opposing team to secure an important win. The venue of this particular victory was not in a courtroom, but on Bossen...

New joint degree program in Minn. seeks to create lawyers with the Write Stuff.
July 30, 2007... Byline: Dan Heilman If you can provide an answer to a legal language issue that's more esoteric than what's in Black's Law Dictionary -- and can spend 1,500 words eloquently explaining why -- you might be at home in a joint degree program...

Minn. Court of Appeals rules fraud plea precludes ex-CEO's indemnification claim.
July 30, 2007... Byline: Barbara L. Jones In a significant ruling for white-collar crime cases, the Minnesota Court of Appeals last week ruled that a former CEO ordered to pay a $2 million fine after admitting an intentional fraud was not entitled to be...

American Academy of Matrimonial Lawyers report increase in postnuptial agreements.
July 30, 2007... Byline: Reni Gertner Most couples wait until the going gets tough in their marriage to head for the lawyers. But recently some high wage earners -- hedge fund managers in particular -- are going to the bargaining table when the future...

Legal OnRamp reduces costs for legal work through information sharing.
July 30, 2007... Byline: Minnesota Lawyer Staff Many small law firms have the capacity to perform outsourced legal work for corporate legal departments, but lack the connections. A virtual Internet meeting place called Legal OnRamp is providing a...

Minnesota Bar Buzz: July 30, 2007.
July 30, 2007... Byline: Minnesota Lawyer Staff MDJA seeks nominations for outstanding judges Nominations are being accepted for the eighth annual Minnesota District Judges Association Judicial Awards. The awards, which will be given at the...

Commentary: Can 'shadow jurors' help you to win your case?
July 30, 2007... Byline: Edward P. Schwartz It is the sixth day of trial and the mechanical engineer is droning on about shopping cart construction. You can't keep your mind from wandering -- and he's your witness. As you scan the courtroom, your patented...

Process for filling Minn. Court of Appeals' vacancies announced.(Minnesota )(Brief article)
July 30, 2007... Byline: Minnesota Lawyer Staff Governor Tim Pawlenty last week announced the process he will use to fill three new judgeships on the Minnesota Court of Appeals. The positions were created by the 2007 Legislature (Laws of Minnesota 2007,...

Minnesota Lawyers in the News: July 30, 2007.
July 30, 2007... Byline: Minnesota Lawyer Staff S. Renee Dotson, John F. Jeske, Joel Patrick Schroeder and Amy C. Taber have joined the Minneapolis office of Faegre & Benson as associates. Dotson represents corporate clients on matters involving directors'...

Commentary: Credibility counts: Unemployment believability and benefits.
July 30, 2007... Byline: Marshall H. Tanick The law accords great discretion to factfinders in determining the credibility of witnesses. The chief reason is that finders-of-fact have the opportunity to view the demeanor of the witnesses when they are...

Commentary: Publication identifies current investor protection issues.
July 30, 2007... Byline: James J. Eccleston Securities firms are required to train their advisers. To assist firms in doing so, the Securities Industry Regulatory Council on Continuing Education publishes its annual Firm Element Advisory. The FEA...

Commentary: The 'perfect bill' prompts pay, goodwill.(influence of bill on customer of lawyers)
July 30, 2007... Byline: Edward Poll Although the main purpose of your bill is to make sure you get paid, there is a secondary purpose that lawyers often miss: to leave the client with a favorable impression of the services he or she received. In other...

Minnesota Legal Briefs: July 30,2007.(new law for driving while intoxicated)(parents getting compensation for their childrens death in car accident)(report on shortage of court room reporters)(Case overview)
July 30, 2007... Byline: Minnesota Lawyer Staff Order requiring discovery of Intoxilyzer code affirmed The Minnesota Supreme Court has upheld a Court of Appeals decision denying the Commissioner of Public Safety's request that he not be required to...

Minnesota Bar Buzz: July 30, 2007.(report about lawyers reading Harry Potter and the Deathly Hallows)(rankings of law firms)(senatorial candidate Michael Ciresi meets women leaders)
July 30, 2007... Byline: Minnesota Lawyer Staff Summer reading for muggles We sent an owl out among local wizards -- we mean, lawyers -- last week to check on whether they had acquired the long-awaited and much ballyhooed "Harry Potter and the Deathly...