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for: ‘2010’

Sharing the Experience: Assisting the Self-Represented Party

Even before the economy  went sour the number of clients appearing pro se was on the rise, as was the number of attorneys seeking clients.  Limited scope representation can help both attorneys and clients achieve their goals and also ease the burden on the courts. ttorneys are regularly reminded that the availability of legal services […]

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August 2010

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Suspended … Hired?

You’ve gone and got yourself suspended (or worse, disbarred1) for committing some serious misconduct! You’ve been suspended by the Minnesota Supreme Court for a period longer than 90 days, such that you are required to apply for reinstatement, undergo an investigation by the Director’s Office, and appear for a reinstatement hearing before a panel of […]

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Cui Bono? (To Whose Good?)

In an address to the opening assembly of the ABA Annual Meeting in Chicago, Illinois in August 2009, United States Supreme Court Associate Justice David H. Souter lamented that (unlike the readers of this column) fully two-thirds of U.S. citizens cannot name all three branches of government. At the state legislature we see the judicial […]

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The State of the Judiciary: 2010

With the end of his tenure as chief justice in view, Chief Justice Magnuson describes the “whole new normal” environment in which Minnesota courts now operate, identifying both challenges and innovations put forward in response, while reflecting on the need for the judicial system to “hold the line” against growing threats to the courts’ independence […]

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Let’s Make a Deal: Contingency-Fee Mediation & Overburdened Courts

The standing prohibition on contingency-fee mediation conflicts with the courts’ interest in encouraging greater use of alternative dispute resolution. Such conflict may be unnecessary where contingency fees are structured to preserve mediator neutrality and hinge on the value of successful mediation to both parties. Imagine you are a plaintiff injured in a minor car accident. […]

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Finalizing Divorce Proceeding

When divorcing parties appear in court to put their final agreement on the record, there’s risk that one party or the other may later try to reopen the case by making claims such as: 1) I was feeling intimidated, depressed or wasn’t thinking clearly that day; 2) I was under the influence of alcohol or […]

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Padilla Motions

Effective Assistance of Counsel Where Pleas Mandate Deportation Effective Assistance of Counsel Where Pleas Mandate Deportation Padilla v. Kentucky expands the 6th Amendment right to counsel for noncitizens while clarifying that where a conviction would automatically lead to deportation the attorney is obliged so to advise the client. The authors explain that current practice and existing constraints on defense counsel […]

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MSBA President 2010-11: Terry Votel

A Study in Cooperation & Teamwork Growing up in a family of nine kids, Terry Votel, newly seated president of the Minnesota State Bar Association, had little opportunity to develop a big ego. Nor could he escape the lessons of cooperation and teamwork. Not only did he have to share a bed with his older […]

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2010 Legislative Session Review

The 2010 Minnesota legislative session began February 4th and ended May 17 after twists, turns, turmoil, and a very brief special session. Electoral politics colored the 2010 session, and many choices were made with one eye on the upcoming elections. Every seat in the Legislature will be on the ballot in November and several legislators […]

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