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for: ‘November, 2018’

New estate tools at mndocs

The MSBA recently added basic estate planning to its document assembly product, mndocs. The market is ripe: 60 percent of adults in the U.S. currently lack a will or living trust. For Millennials that figure jumps to 78 percent without an estate plan. And 93 percent of American households have a net worth of less […]

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The business case for D&I

In September, the MSBA Council approved the Diversity & Inclusion Council’s Statement of Commitment for the Business Case, Value Proposition, and Professional Obligation. (You can read it by visiting www.mnbar.org/diversity.) This document outlines the professional obligation that all attorneys have to advance diversity and inclusion as part of our dedication to equality and the rule of […]

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Unmet legal needs aren’t going away

In the spring of 2018 I was asked to appear in front of the Minnesota Supreme Court Advisory Committee on Rules of Civil Procedure. Our MSBA President, Sonia Miller-Van Oort, was not available, so the task fell to me. The purpose of my appearance was to support the MSBA’s request to amend the rules to […]

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When someone else pays your bill

I love our ethics hotline.1 Not only are we helping lawyers every day to navigate their ethical responsibilities, but oftentimes the questions present themes that make perfect subjects for this column. Lately I’ve answered several calls that involve issues arising because someone else was paying the lawyer’s bill. This can arise in lots of different practice […]

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Don’t forget the inside threat

Judging by the types of breaches we regularly hear about in the news, from the recent Facebook hack to China’s secret implantation of spy chips inside motherboards (which I’ll be discussing in my next article), it would seem that the biggest threats to our digital security are primarily external. Social engineering attacks such as phishing scams […]

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Administration’s ‘Culture of No’ undermines immigrant workers, employers

In the past two years, the Trump administration has issued a series of policy memoranda that are quietly changing the landscape of employment-based immigration, and not for the better. Seemingly every time employers adjust their practices and create new strategies, the U.S. Department of Homeland Security (DHS) publishes another news release describing another obstacle in […]

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Notes & Trends – November 2018

CIVIL PROCEDURE JUDICIAL LAW • Minn. R. Civ. P. 12.02(e); affirming claim dismissal due to insufficient pleading of foreseeability. Doe 121 v. Diocese of Winona arose out of sexual misconduct by a priest in the early 1960s. A Catholic priest received a written reprimand from the bishop of the Diocese of Winona for “his poor […]

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Time to Get Paid: Attorney’s liens in Minnesota

In order to have a thriving legal practice, a lawyer must have clients who pay for services in a timely manner. Yet despite implementing screening procedures to make sure your new clients are capable of paying, and requesting up-front deposits to cover the estimated work, you may find yourself unpaid after hours and hours of […]

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Credit Where Credit Isn’t Due: What it takes to flunk Minnesota’s CLE standards

More than a few Minnesota lawyers have sat in a CLE lecture hall wondering, “What does this have to do with legal education?” Rarely if ever, though, has the state’s board that regulates continuing legal education agreed with that view—and to the point of revoking credit for a previously approved course.  A recent flap not […]

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‘This is one of the best careers in the legal business anywhere’

An interview with Justice G. Barry Anderson of the Minnesota Supreme Court Justice G. Barry Anderson was appointed to the Minnesota Supreme Court in 2004. Prior to joining the Supreme Court, he was a judge on the Minnesota Court of Appeals, to which he was appointed in 1998. Before becoming a judge, Justice Anderson had a general […]

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