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Hearsay

Fall 2016, Volume XIX. No. 1

Note from the Editors 

By Joe Bourne and Jeff Mulder 

Welcome to the Fall 2016 edition of Hearsay, a quarterly newsletter dedicated to publishing the work of Minnesota’s new lawyers.  We are pleased to be able to bring you articles several interesting topics and recent developments in the law. 

This is the last issue for editors Joe Bourne and Jeff Mulder, who have served as editors since 2013. We have enjoyed getting to know many of you as authors and working with the excellent leadership of the MSBA New Lawyers Section. We are also pleased that Blair Harrington and Kyle Willems will continue as co-editors for Hearsay. With Blair and Kyle, newer authors are in great hands.

If you are interested in submitting to a future edition of Hearsay, please contact Blair Harrington, or Kyle Willems.



Work Hard, Play Hard:

Understanding the Importance of Work-Life Balance in

Today’s Legal Environment

By: Molly Eiden

The story is familiar: there never seems to be enough time in the day. The technology of today’s legal environment has led to increased pressure on attorneys to respond faster, bill more, and work longer hours. Certainly advances in technology provide greater flexibility for attorneys who no longer find themselves having to drive in to the office to work. However, this same benefit means that attorneys find themselves constantly “plugged in” and connected to their office, often at the sake of their own mental health. You may not realize how great an impact office stress can have on your overall well-being. If left unresolved, it is exactly the type of stress that can affect your health, happiness and family relationships. It can also cause a lawyer to sink into depression or start down the path of substance abuse. As a generation of individuals who grew up on technology moves into leadership roles in the legal community, focus needs to be placed on the importance of maintaining a healthy work-life balance. 

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Handling Legal Challenges Common to Family Businesses: Real-Life Scenarios and Remedies

Brandon Schwartz 

INTRODUCTION

            According to the U.S. Small Business Administration, small businesses make up 99.7% of U.S. employer firms, 64% of net new private-sector jobs, and account for 98% of firms exporting goods.  Family owned businesses account for nearly two-thirds of all businesses around the world, and an estimated 70-90% of global GDP annually is created by family businesses.  Family businesses are built on blood, sweat and tears, and are the life-blood of our country.

With the emotions tied to a family business, the monies generated from these businesses, and the dynamics of working with family members, family owned businesses can create a plethora of issues.  Some of these issues can be avoided through proper planning.  Others, irrespective of the safe guards in place, will not be avoided. 

This article delves into some of the common challenges with a family business and is from the perspective of someone working in a family business and having represented and litigated issues regarding numerous family owned businesses.

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Getting Back to the Basics


By Angela Starry

Graduating from law school and passing the bar exam are many things: exciting, relieving and fulfilling, to name a few. Years of late-night studying and stress finally culminate to earning a J.D. degree, and with a little luck and some good timing, a career that will make those years of study and stress all worthwhile. That being said, there are certain things, very important things, that a J.D. and a passing score on the bar do not prepare you for as a new attorney. The following four pieces of advice should be learned sooner rather than later in order to avoid career-debilitating pitfalls.

First and foremost, new attorneys should realize that graduating from law school does not mean that you should, or can, stop learning. In fact, the vast majority of your legal education only just begins once the textbooks and study groups are a thing of the past. The real learning begins when you start your career as a new attorney. New attorneys should be open to the continued learning process.  This may sound very much like common sense, but it’s awe-inspiring just how quickly that bit of common sense can be banished to the deepest annals of our memories once we’ve started our careers. 

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