Minnesota Lawyer articles from September 2007

Minnesota Lawyer archives from September 2007

Striking out harassment in the locker room.
September 3, 2007... Byline: Justin Rebello Gregory Stenmoe doesn't pitch or hit or catch fly balls; he doesn't review game film, scout young prospects or sign free agents; but he provides another critical resource for professional athletes - workplace...

Michael Galvin: One firm in St. Paul, 50 years.
September 3, 2007... Byline: Michelle Lore Few attorneys in the state can say they've practiced law for more than half a century. Fewer still can boast they've practiced at the same law firm for that entire time. But Briggs and Morgan attorney Michael J....

Commentary: A criminal way to spend a couple of days.
September 3, 2007... Byline: Mark A. Cohen Being short on both CLE credits and time left in my reporting period, I spent two and a half days last week at Minnesota CLE's Criminal Law Institute. While I was a bit tentative about signing up for that much...

Minnesota Lawyers in the News: September 3, 2007.
September 3, 2007... Byline: Minnesota Lawyer Staff Reporter Pope County District Court Judge Jon Stafsholt has been elected to the executive committee of the National Conference of State Trial Judges, one of five conferences within the American Bar Association...

Minnesota Legal Briefs: September 2007.
September 3, 2007... Byline: Minnesota Lawyer Staff Charities benefit from gender bias settlement fund The unclaimed portion of a gender discrimination settlement fund totaling $191,000 is being donated to three nonprofit organizations benefiting women....

MDLA elects new officers at annual meeting.
September 3, 2007... Byline: Minnesota Lawyer Staff Reporter MDLA elects new officers at annual meeting Officers were elected at the annual meeting of the Minnesota Defense Lawyers Association, which was held recently in Duluth. St. Cloud attorney Paul...

Minnesota Bar Buzz: September 3, 2007.
September 3, 2007... Byline: Minnesota Lawyer Staff No clowning around, this lawyer's quite a photographer It came to Bar Buzz's attention recently that one of the legal community's members is able to juggle his practice with a unique hobby worthy of...

Finalists announced for 7th District bench vacancies in Minnesota.
September 3, 2007... Byline: Minnesota Lawyer Staff Reporter Governor Tim Pawlenty has announced the finalists for two trial court bench vacancies in the 7th Judicial District. One vacancy is due to the retirement of Judge John E. Pearson on Sept. 7, 2007....

Commentary: Does a lawyer need a business degree?
September 3, 2007... Byline: Edward Poll I was recently asked by an interviewer if, as a lawyer who holds an M.B.A., I would recommend that other lawyers follow the same path. My answer was, "Not really," which surprised him. Except in unusual...

Electronic data discovery is hot business.
September 3, 2007... Byline: Jane Pribek In 1987, there was one business dedicated solely to providing electronic data discovery services. In 1992, there were about five more. By 2000, there were about 40. Today, there are more than 600 businesses offering, or...

More lawyers getting flex arrangements without flak.
September 3, 2007... Byline: Dan Heilman When Julie Drewes' daughter Ella was born 13 months ago, she knew her daily routine would change. Fortunately for Drewes, a transactional attorney at Briggs and Morgan, she was able to work with the firm to devise a way...

Online law school.
September 3, 2007... Byline: Michelle Lore St. Louis Park attorney Shaun Jamison is clearly a fan of distance learning. Not only does he work out of his home as a professor for an online law school, but he also recently received his own online degree, a Ph.D....

Med-mal expert sues ophthalmology academy, doctors.
September 3, 2007... Byline: Barbara L. Jones Preparing to testify as an expert witness for a Minnesota plaintiff who claimed that his lasik surgery had been botched, Dr. Charles Yancey received a fax telling him that the American Academy of Ophthalmology was...

Recognizing the signs of a potentially difficult client.
September 3, 2007... Byline: Michelle Lore After fighting over a waffle iron for three weeks, Minneapolis family law attorney Theresa A. Capistrant had had enough, ultimately deciding to end her representation of the client who insisted on the battle. "I just...

A day in the life of: An Anoka public defender.
September 3, 2007... Byline: Barbara L. Jones Editor's note: Last week, Minnesota Lawyer took a look at "a day in the life" of an assistant Anoka County public defender. This week, Minnesota Lawyer associate editor Barbara L. Jones, who spent a day shadowing...

Minnesota lawyers: Just what is an hour of your time worth?
September 10, 2007... Byline: Michelle Lore While some large firm New York lawyers have recently raised their hourly rates to as high as $1,000 an hour for their legal services, a recent Minnesota State Bar Association survey shows that 67 percent of the...

DWI update for Minnesota practictioners.
September 10, 2007... Byline: Barbara L. Jones The legal community's battles over the Intoxilyzer continue to ferment. Two fronts are presently engaged -- one is over the Intoxilyzer source code and the other is over the maintenance, and hence the reliability,...

Double jeopardy argument again being made in DWI prosecutions in Minnesota.
September 10, 2007... Byline: Barbara L. Jones DWI defense attorneys have long been rankled by the fact that their clients are subject to a host of driver's license penalties even if they are not convicted of DWI. The penalties for refusing to take or...

Q&A with Cass County District Court Judge John Smith: 9th Judicial District.
September 10, 2007... Byline: Michelle Lore Cass County District Court Judge John Smith is a man of many interests. He is a black belt in karate and enjoys such varied hobbies as hypnotism, gardening, flying and genealogy. An avid reader, Smith has just four...

Commentary: Welcome back, students, but no Bibles, please.
September 10, 2007... Byline: Marshall H. Tanick As students return to school for the beginning of the upcoming academic year, pupils attending public schools will not be recipients of Bibles passed out in the classrooms, at least not in the 8th Circuit. A...

Vacancies announced on 1st District trial bench.
September 10, 2007... Byline: Minnesota Lawyer Staff Reporter Applications are now being accepted for three 1st Judicial District trial court bench vacancies. These judgeships are new positions created by the 2007 Minnesota Legislature (2007 Minnesota Laws,...

Commentary: Resisting the urge to discount fees.
September 10, 2007... Byline: Edward Poll Fundamental to being a business-savvy lawyer is resisting the urge to discount fees -- particularly if the client has earlier agreed to pay the full amount in the engagement letter. Clients who argue about...

Minnesota Bar Buzz: September 10, 2007.
September 10, 2007... Byline: Minnesota Lawyer Staff Reporter A new slant on wind energy Minnesota Court of Appeals Judge David Minge led the Third Annual Parks and Trails Council's Labor Day Weekend bike ride through southwestern Minnesota. The 135-mile,...

Equal Employment Opportunity Commission issues report on ADR effectiveness.
September 10, 2007... Byline: Minnesota Lawyer Staff Reporter The Equal Employment Opportunity Commission has issued a new study examining the effectiveness and efficiency of federal agencies' use of Alternative Dispute Resolution programs to resolve job...

Residential mortgage meltdown unlikely to spur much litigation in Minnesota.
September 10, 2007... Byline: Dan Heilman The mortgage crisis is playing out in myriad ways, and is affecting millions of people directly and indirectly: Lending has become more restrictive, home-sale figures have plummeted, foreclosures have skyrocketed and...

Small law firms have bright ideas for finding clients.
September 10, 2007... Byline: Dan Heilman Small law firms know they can only do so much to compete with their bigger brethren, so when it comes to business development, the first rule is: There are no rules. "I would never presume that what works for us...

A growing number of legal jobs.(Reprint)
September 10, 2007... Byline: Dick Dahl Law firms and legal departments looking for ways to cut their costs are turning increasingly to other countries, primarily India, to take over some of their work. Forrester Research, Inc., of Cambridge, Mass.,...

Minnesota Legal Briefs: September 10, 2007.
September 10, 2007... Byline: Minnesota Lawyer Staff Reporter Richard A. Miller, a founding partner of the labor and employment law firm of Miller-O'Brien, has retired. Miller represented unions in industries and the public sector for more than 40 years. He is a...

Commentary: Technology, timing speed up payments.(Column)
September 17, 2007... Byline: Edward Poll Recently, I moderated an American Bar Association panel discussion on financial best practices. Not surprisingly, the best practice that all the participants agreed on was that lawyers and law firms need to get their...

Minnesota Lawyers in the News: September 17, 2007.
September 17, 2007... Byline: Minnesota Lawyer Staff John C. Ekman has joined Lindquist & Vennum as a partner in the firm's commercial litigation practice group. Ekman previously served as a trial attorney in the National Courts Section of the Commercial...

The Lawyer-Legislator challenge.
September 17, 2007... Byline: Michelle Lore Imagine getting up early every morning and stopping at your law office for a while before heading to the Capitol to work for the day, only to return to your law office in the evening to get more work done on client...

Minn. Supreme Court rules police interview without defense lawyer's consent was unethical.(Minnesota, United States)
September 17, 2007... Byline: Barbara L. Jones The prosecutor in a murder case violated ethical standards by allowing police to interview a suspect without the express consent of his lawyer, the Minnesota Supreme Court has ruled. The defendant, a paid...

Minn. COA rules court has no right to confront witnesses during sentencing-jury proceedings.(Minnesota Court of Appeals)
September 17, 2007... Byline: Michelle Lore In a case of first impression, the Minnesota Court of Appeals has ruled that criminal defendants do not have the constitutional right to confront witnesses during sentencing-jury proceedings. After the defendant...

Criminal law practitioners examine the Speedy Trial Act.
September 17, 2007... Byline: Minnesota Lawyer Staff The right to a speedy trial is a core tenet of the U.S. justice system -- originating in the Sixth Amendment to the federal and Minnesota Constitutions. The right is also protected by the federal Speedy Trial...

Parenting consultants are under court consideration in Minnesota.
September 17, 2007... Byline: Barbara L. Jones Divorced couples who can't agree about their children may seek help from "parenting consultants," but in a case of first impression the Minnesota Court of Appeals will consider the extent of a parenting...

Pardon the interruption: Deployment of Hamline law school student.
September 17, 2007... Byline: Dan Heilman The deployment of a service member can turn his or her life upside-down. Even for those without families, apartments have to be sublet, dogs have to be kenneled, jobs have to be quit if a leave of absence can't be...

Minnesota Court of Appeals overturns multimillion dollar bad faith verdict.
September 17, 2007... Byline: Barbara L. Jones An insurance company does not have a fiduciary duty to an insured before the company assumes a duty to defend, the Minnesota Court of Appeals has determined. In so ruling, the court reversed a $52 million judgment...

Show me the money: Minnesota CLE offers tips on judgment collection.
September 17, 2007... Byline: Dan Heilman So you've obtained a judgment for your client? Congratulations: Your work may be just beginning. If your case is typical, getting a judgment is only the first step. Collecting on it can be time-consuming and...

Minnesota Bar Buzz: September 17, 2007.(briefs)
September 17, 2007... Byline: Minnesota Lawyer Staff Judge Porter interests the national press Hennepin County District Court Judge Charles Porter has been catapulted to national attention since he has been assigned the Larry Craig case. Porter will hear...

Minnesota Legal Briefs: September 17, 2007.(briefs)
September 17, 2007... Byline: Minnesota Lawyer Staff Guilty plea may be withdrawn for 'fair and just' reasons The Court of Appeals erred when it failed to consider whether a fair and just reason existed to permit a defendant to withdraw a guilty plea before...

Minnesota Legal Briefs: September 24, 2007.
September 24, 2007... Byline: Minnesota Lawyer Staff Comments sought on proposed changes to Canon 5 With the 2008 election season just around the corner, a Minnesota Supreme Court advisory committee soon plans to unveil its proposal on what changes need to...

Lawyers split on patent law reform that recently passed the U.S. House of Representatives.
September 24, 2007... Byline: Dan Heilman The patent reform legislation that recently passed the U.S. House of Representatives and is currently being debated in the Senate could have a range of repercussions for different types of companies of different sizes....

Ex-big firm lawyers in Minnesota discuss going solo.
September 24, 2007... Byline: Michelle Lore Editor's note: This is the first in a two-part series on switching between firm types. Next week, we'll talk to lawyers who've gone from small-firm life to the "big" time. Minneapolis attorney Phillip Gainsley...

Minnesota attorney helps rebuild devastated defenders' office.
September 24, 2007... Byline: Michelle Lore Six months ago, Anoka County Public Defender Christopher Lynch jumped at an opportunity to do something few public defenders get to do -- help completely reshape and redefine a public defense program. The office...

Commentary: Does Nebraska's long-arm jurisdiction reach into Heaven?
September 24, 2007... Byline: Mark A. Cohen In case you missed the big news all over the Internet last week, Nebraska State Senator Ernie Chambers has filed suit against God. Chambers -- who has a law degree, but is not admitted to any bar -- filed the case...

Niche practices bloom from mortgage mess.
September 24, 2007... Byline: Kimberly Atkins The mortgage industry bust -- caused largely by the surge in high-risk loan foreclosures -- has spurred a boom in another area: new law firm practice groups focused on subprime mortgage lending. "What we are...

'Life settlements' an increasingly popular vehicle for raising cash for elderly.
September 24, 2007... Byline: Nora Lockwood Tooher Attorney Stuart D. Zimring recently suggested that a family arranging long-term care for an elderly, incapacitated father consider selling an old life insurance policy they no longer needed. By selling the...

Minnesota Bar Buzz: September 24, 2007.
September 24, 2007... Byline: Minnesota Lawyer Staff The Supremes: Stop! (and listen) in the name of the law Let it not be said the Minnesota Supreme Court is anything but harmonious. A case in point: At a recent talent show during employee recognition...

Commentary: Important guidance for newly registered investment advisers.
September 24, 2007... Byline: James J. Eccleston The Securities and Exchange Commission has published a "plain English" summary of the law to help new advisers understand their compliance responsibilities. This publication is part of a broader effort to...

Commentary: High court employment rulings will impact Minnesota law.
September 24, 2007... Byline: Marshall H. Tanick Workplace related litigation accounts for about 40 percent of the civil docket of the federal court in Minnesota. But the predominance of employment law cases is not reflected on the calendar of the U.S. Supreme...

Minnesota Lawyers in the News: September 24, 2007.
September 24, 2007... Byline: Minnesota Lawyer Staff Jessica N. Eifert has joined Trepanier & MacGillis, P.A. as an associate. Eifert is a 2007 graduate of William Mitchell College of Law. She will practice in the areas of business law, commercial litigation...

Commentary: Type ethically, blog carefully.
September 24, 2007... Byline: Edward Poll The CEO of a major food retailer recently unleashed a firestorm when it was revealed that for years he had blogged under a pseudonym about his company and competitors. He contends that he was merely expressing...

Change could put railroad lawsuits on the fast track.
September 24, 2007... Byline: Dan Heilman On Jan. 18, 2002, a Canadian Pacific Railway freight train derailed on the western edge of Minot, N.D., causing five tanker cars to release 221,000 gallons of toxic anhydrous ammonia, a chemical fertilizer. A number...