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Fair elections and cybersecurity

With the November congressional elections right around the corner, many observers are revisiting a primary theme of the 2016 presidential election—security, hacking, and Russian involvement. It is certainly a contentious topic, but no matter where you fall on the political spectrum, it remains the case that elections are just as vulnerable to cyberattacks as private […]

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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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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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File contents and retention

What makes up a client’s file and how long do I need to keep it? These two questions have been asked frequently on our ethics hotline for decades. Minnesota’s ethics rules speak to the first question but offer no direct guidance on the latter. Let’s review the current lay of the land.  File contents Calling […]

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E-discovery vs. forensics: Analyzing digital evidence

Digital evidence continues to be a growing focus of the legal community. In a very real way, digital evidence and its utilization in court can be compared to the advances in the use of DNA science that our courts saw in the last century. In a ubiquitously digital world, digital evidence has applications in almost […]

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Update: Minnesota unbundled roster

The Minnesota Judicial Branch recently obtained $50,000 in grant funding from the National Center for State Courts to create an online roster of attorneys interested in providing unbundled legal services. At the request of the iudicial branch, MSBA staffers Steve Marchese and Nancy Mischel, along with staff from the HCBA and RCBA, developed a proposal […]

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