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Felony Sentencing
Two common misunderstandings recur in this area. 1. Question: When the district court commits a defendant to the commissioner of corrections (prison), does the court have authority to include a “no-contact” order as part of the sentence, (for example: at the request of a terrified victim of a serious sexual or violent offense)? Answer: No>>>
MSBA President 2011–12: Brent Routman
Inventive, Determined, Adventuresome Some people make it look so easy. They seem to have been born to the practice of law and the status the profession can bring. By all outward appearances, they rise effortlessly through their studies and a seemingly preordained series of promotions, all the while amassing high-dollar legal victories and>>>
2011 Legislative Recap
Dramatic changes occurred at the state Capitol on November 2, 2010. Entering the 2010 election season, Democrats were in firm control of the House and Senate. Most political observers expected the DFL to lose seats, but hardly anyone anticipated the extent of the GOP’s gains as a red wave rolled over Minnesota, washing away massive DFL>>>
Role Reversal: A Lawyer’s Jury Service
For obvious reasons, lawyers rarely are seated on juries. But one lawyer beat the odds and came away with insights that are instructive for all who ponder the dynamics of the civil jury. Hundreds of us quietly gathered in the massive waiting room on the basement level of the Hennepin County Government Center. Holding our jury summonses in one>>>
Excessive Force Claims: Disentangling Constitutional Standards
Excessive force claims are subject to a number of different constitutional standards and sorting out which standards should apply can be confusing. Errors in jury instructions may result in officers erroneously being found liable. Excessive force claims seem to be reported in the news constantly.1 There is a powerful reason why: the claims>>>
Moving the Ball Forward
Terry Votel, our immediate past president and my good friend, is owed a great deal of thanks for leading us through very turbulent times at the legislature amid threats to judicial funding and the impartiality of the courts, and proposals for a tax on legal services. Terry presided with vision, class, a steady hand, and wisdom when the waters were>>>
Three Rules of Professional Conduct
There are Rules of Professional Conduct with which an active attorney crosses paths almost every day. Whether the attorney stops to think about it or not, the rules on competence, diligence, communication, fees, confidentiality and others are an integral part of a lawyer’s daily existence; if not, then they should be. Then there are some>>>
Unemployment Compensation
Contested unemployment compensation proceedings are handled through telephone conferences involving an unemployment law judge (ULJ) of the Department of Employment & Economic Development (DEED) and the parties and their witnesses. In 2009, there were more than 34,000 such cases. As two recent cases demonstrate, problems can arise when>>>
Thank You Letters
As a practitioner in the area of Social Security Disability claims, I always ask medical professionals treating my clients to either complete an opinion form I send them or write a letter laying out how medical problems limit the client’s activities. I also explain how what SSA is looking for differs from what’s required for workers’>>>
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