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Notes & Trends – February 2019

CIVIL PROCEDURE JUDICIAL LAW • Minn. R. Civ. P. 6.05; affirming dismissal of late administrative appeal. Appellant contended the Worker’s Compensation Court of Appeals (WCCA) erred in dismissing her appeal as untimely, arguing she was entitled to a three-day extension under Rule 6.05 when a party is served by mail. In denying the appeal, the Supreme […]

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2018 year in review: Public discipline

Public discipline in professional responsibility cases is imposed not to punish the attorney, but to protect the public, the profession, and the judicial system, and to deter future misconduct by the attorney and others. In 2018, 45 attorneys were publicly disciplined, up slightly from the 2017 number (40 attorneys) but commensurate with the 2016 number […]

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The Marriott breach: four years?

The recent Marriott breach resulted in the theft of data regarding 500 million guests. To many, however, the most troubling aspect of the breach is not the sheer number of people affected, but the fact that the breach was ongoing for four years. For four years, Marriott did nothing to stop the leak of customer […]

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Common sense, the Golden Rule, and new attorneys

Being new at anything—let alone something as demanding as being an attorney—can be disconcerting. Though the long years of law school and running the gauntlet of bar prep undoubtedly help to mold individuals from student to professional, there are some lessons that can only be learned outside the classroom, and some of them are so […]

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Meet Ryan McCarthy: ‘You have to be able to adapt’

RYAN McCARTHY is the chair of the New Lawyers Section of the MSBA, a member of the MSBA Executive Committee and Council, and an associate at the law firm of Bowman and Brooke, LLP.  Prior to joining the firm, Ryan served as an assistant county attorney with the Dakota County Attorney’s Office, prosecuting felony person […]

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The profession needs us. Let’s step up.

In July part of my message in this president’s page was about the One Profession program that the MSBA has launched. As you may recall, One Profession consists of a series of one-day meetings. In 2019 we will be holding a meeting in each of the judicial districts in greater Minnesota. Each of the meetings […]

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CEO Cheryl Dalby talks about leading in a time of change

‘Our members will begin to notice subtle improvements’ B&B: You’re taking the helm during a time of change at the MSBA and Minnesota’s two biggest county bars. Will members see any differences in the services they receive from a combined bar staff in the near term?  Cheryl Dalby: In the short term, members should see very […]

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Save the date: One Profession coming to Mankato

The MSBA’s One Profession event in the 5th Judicial District is set for Thursday, March 28, at the Country Inn and Suites Conference Center, 1900 Premier Drive, Mankato. The program brings together attorneys from all segments of the legal profession. This is a great opportunity to earn CLE credits, discuss developments in the practice of […]

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MSBA helps underwrite professional services tax study

The MSBA is contributing financially to an economic study of the impact a sales tax on professional services would have on Minnesota’s economy. The Minnesota Society of Certified Public Accountants is coordinating the study.  The MSBA adopted its legislative position opposing a sales tax on professional services in 2000. Such a tax was seriously considered […]

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Court hears MSBA petition on MRPC

On January 15, the Minnesota Supreme Court held a public hearing on MSBA’s petition to amend Minnesota Rules of Professional Conduct 1.6 and 5.5. The proposed amendments to 1.6(b) provide clarity as to how lawyers may respond to public criticism from clients or former clients. Recommended changes to 5.5 address the realities of modern interstate […]

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