Legal education rarely if ever explores the use of general moral values, norms, and reasoning in the practice of law. Yet it’s indubitable that in practice law and morality at times conflict, and with justice as the goal, the two must be reconciled. Attorneys rarely consider moral values, norms, and reasoning as legitimate resources that can>>>
Doocing the Blogzilla: Managing Workplace E-Communications
New forms of electronic communications pose unique challenges for those seeking to determine appropriate bounds for communications at and about the workplace. Clear and concise policies saying what is and is not permissible can help all parties avoid situations where it’s necessary to “dooce the Blogzilla.” Your client is very agitated>>>
Lay Leaves Lasting Legacy
Within the last year not one, but two Minnesota jurists have stepped down after long service and significant contributions to the jurisprudence of the 8th Circuit Court of Appeals. Here we remember and salute the contributions of the late Judge Donald Lay. The death on April 29th of 8th Circuit Judge Donald Lay marked the conclusion of a>>>
New Turns in the Maze: Finding Your Way in the New Civil Rules
Newly promulgated changes to the Rules of Civil Procedure take effect July 1, including provisions on computation of time, subpoenas to nonparties, and electronic discovery procedures. Is Columbus Day a “legal holiday” for the purposes of computing time under Rule 6 of the Minnesota Rules of Civil Procedure? Can I get a subpoena from a>>>
Due Diligence in Drafting: Copyrights in Legal Documents
Imitation, it’s said, is the most sincere form of flattery. But copying a work — including a legal document — in which someone else holds copyright may not be perceived as simply flattering, and may lead to allegations of infringement and a suit for damages. No one likes to reinvent the wheel. A smart lawyer confronted with a new>>>
Focusing the Penalty: New Limits on Punitive Damages
The latest in a series of United States Supreme Court cases limiting punitive damages forbids a state from using a punitive damages award to punish a defendant for harm inflicted on nonparties and charges state courts with responsibility, if requested, for shielding defendants from the risk that the jury might award punitive damages for harm to>>>
Judicial Selection in Minnesota: A Special Report
On March 26, 2007, the Citizens Commission for the Preservation of an Impartial Judiciary (“Quie Commission”) released its report and recommendations concerning the method by which Minnesota judges should be selected in the wake of the United States Supreme Court decision in Republican Party of Minnesota v. White. The full text of the>>>
Targeted Advertising: Getting the Cases You Want
In display ads, lawyers often include every type of case they handle — or every service they provide. (And certainly, it’s important to offer a detailed list of services in your marketing materials so prospects clearly understand what you do.) Still, if you’re seeking specific types of cases, you’re in a stronger position when you>>>
40 Years of 8th Circuit Jurisprudence: Highlights in the Career of Judge Gerald Heaney
Judge Gerald Heaney’s retirement from the 8th Circuit Court of Appeals last August placed the capstone on his 40 years of service on the appellate court, an era in which his decisions shaped the law governing interstate commerce, public education, freedom of expression, and discrimination, among other matters. The recent retirement of Judge>>>
Coping with the Couple-Client
Attorneys often encounter couples or groups who present themselves as having common interests in a matter for which they seek representation. The prudent attorney will take care to clarify at the outset who is the client. Failure to do so risks running afoul of the ethics board, and may have additional consequences. The>>>
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