Monthly Archive
for: ‘February, 2013’

FMLA Turns 20: Taking Leave, But Not Bowing Out

Twenty years after its enactment, the Family and Medical Leave Act remains vital and has been relied on by significant numbers of employees.  Minnesota has a number of other provisions mandating leave for employees in certain circumstances, but both employers and employees must take care to know and comply with the requirements to avoid difficulty. […]

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Tinkering with the Machinery of Death: The Evolving Jurisprudence of Justice Harry Blackmun

Justice Harry Blackmun’s long struggle to reconcile his concern for the individual, his respect for legislative and judicial process, and his awareness of the fallibility of individuals and institutions formed a jurisprudence that continues to instruct. This year, the country will commemorate the 40th anniversary of Roe v. Wade: the landmark decision written by one […]

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Summary of Admonitions

In calendar year 2012, the Director’s Office resolved 122 files with admonitions that were issued to Minnesota attorneys for isolated and nonserious violations of the Minnesota Rules of Professional Conduct (MRPC).  Another 11 lawyers entered into stipulations for private probation that were approved by the Lawyers Board chair; these stipulations resolved an additional 11 complaint […]

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Legislative Advocates

A few months ago, I devoted my President’s Page to detailing some of the benefits gained from MSBA membership.  I discussed our online tools to make attorneys’ jobs easier with streamlined research and assistance in document-creation, advertising, and electronic filing.  This month I want to share one of the unexpected joys of serving as MSBA President: […]

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Notice of Entry

Many family law attorneys serve a “Notice of Entry” after a Stipulated Judgment and Decree is entered.  A Notice of Entry has no impact and is essentially a made-up notice, ineffective as to anything subsequent.  Lawyers may be serving the Notice of Entry because they believe it starts the clock ticking for an appeal.  However, […]

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Attorney-shopping Clients

Should you take a client who is searching for their second, third or fourth attorney for their pending family law case? It’s best to be very selective. Inquire in detail about problems the client had with the former attorney so you’re confident you can offer something more or different; otherwise you too may disappoint the […]

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Checking & Updating Corporate Information

When my business clients ask me to review a business transaction with another entity, I run a check on the other organization to be sure that the organization is validly organized and properly credentialed to do business in Minnesota, and that its registration is current. This can save the client lots of trouble down the […]

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Foreclosure Redemption

Mortgage foreclosure redemption confusion?  It’s like poker.  Lender A holds the Sheriff’s Certificate for $125,000 so that’s the opening bid.  Lender B’s Home Equity Loan is second for $50,000.  B can raise A’s bid by the amount of B’s loan (i.e., redeem), or B can fold (not redeem).  If B redeems, the bid is $175,000 […]

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