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The sticking point: Hypodermic needles and searches incident to arrest

Prescription opioid abuse is at an all-time high,1 and experts believe that as patients lose their legal access to medication, they are likely to turn to illegal injected drugs as an alternative.2 Consequently, law enforcement may soon become more alert to hypodermic needle use and possession. All lawyers who practice criminal law should be aware […]

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Unbundled Roster project kicks off

Last month over 50 attorneys attended a CLE training session for participants in the new Minnesota Unbundled Roster project. The roster, a joint effort of the MSBA and the Hennepin and Ramsey County bars, will offer attorneys an online platform to connect with clients interested in obtaining limited-scope (aka “unbundled”) legal services. This unique pilot […]

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RPC Committee eyes succession planning

This bar year’s agenda for the Rules of Professional Conduct Committee includes reviewing the question of succession planning rules and the possibility of proposing one for Minnesota. Some states, such as Iowa, have made it part of the lawyer registration process to require attorneys to designate a successor to fill in as client contact for […]

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Coming this month: Annual legislative preview

The next Minnesota legislative session, beginning in January 2019, will feature a new governor as well as a possible change in leadership in the House. As in every budget year at the Capitol, the MSBA’s first lobbying priority will be to secure adequate funding for the justice system, including the courts, public defenders, and civil […]

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ABA House of Delegates passes immigration resolution sponsored by MSBA

ABA Resolution 10C urges immigration reform addressing children separated from their parents at the United States border The House of Delegates of the American Bar Association (ABA) today adopted Resolution 10C (text) calling on Congress and the executive branch to immediately cease separating children and their parents at the border.  The resolution, which was initiated […]

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Understanding ‘Risk Assessment’ Tools

What they are and the role they play in the criminal justice system: a primer The concept of “risk assessment” in the justice system has proliferated alongside other terms such as “evidence-based practices,” “risk algorithms,” “big data,” and “machine learning.” While these terms and topics are related, they are not all synonymous. Not all risk assessments […]

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So you are going to trial

How to prepare for the case that doesn’t settle Once upon a time, it could reasonably be argued that trial preparation began when a case was filed, if not before. Today, however, with 90 percent of civil cases settling before trial, case preparation is often focused on achieving a positive settlement. At some point in […]

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Guest or Tenant?

The relationship between temporary lodging establishments and the landlord/tenant statutes, and why it matters. Among property rights, the right to exclude is considered the most significant. Where a landlord/tenant relationship exists, the landlord’s right to exclude is predicated on the landlord’s obtaining a court order granting eviction against the tenant. Irrespective of the basis for […]

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Sex Harassment Settlements: A new scarlet letter for employers?

How the movement to abolish NDAs and confidential settlements could produce unintended consequences. Prelude to a stigma Nathaniel Hawthorne’s ageless novel The Scarlet Letter has surprising relevance to the current #MeToo/TimesUp movement. Hawthorne paints the story of Hester Prynne, a beautiful young woman presumed to be guilty of having a child while engaged in an […]

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Notes & Trends – August 2018

Commercial and Consumer Law JUDICIAL LAW • Alternative dispute resolution. Arbitration agreements in both consumer and commercial contracts are common and provide in many circumstances both a cheaper and a more rewarding and efficient method of dispute resolution than does litigation. Not surprisingly, trial lawyers may prefer litigation, and some individuals may later seek to evade the […]

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