Note from the Editors
By Mike Boulette and Adam T. Johnson
Welcome to the 2012-2013 spring edition of Hearsay. We at Hearsay are excited about this issue and the year ahead for the Minnesota bar. Hearsay is dedicated to publishing the finest work by Minnesota’s new lawyers. If you are interested in submitting to a future edition of Hearsay, or if you have questions about the magazine, please contact editors Mike Boulette or Adam T. Johnson.
Greetings from the Chair
Greetings New Lawyers!
By Samuel Edmunds
I write these notes as the 2012-13 bar year nears its end. It’s been an amazing year and I’m so grateful to have been able to represent Minnesota’s new lawyers. It’s been a busy year of continuing the New Lawyers Section’s successful projects and implementing new and exciting projects. Here are some of the highlights: Read more...
Lore in the Law: A Short Case for the Colorful Brief
By Adam Johnson
The written word is not a peculiarity of the law, but it is an obsession. Being foremost in the habit of multiplying synonyms and compounding problems by the generation of their words, lawyers unsurprisingly have amassed vast bodies of literature on the topic of legal writing. Perhaps both by nature and necessity, the profession and the Academy are continually in pursuit of perfecting the craft. After all, it is by operation of the pen that justice is nurtured. If the sword were mightier, we might have whole libraries on steel. So it is not, for the pen’s the thing. Read more...
Proper Preparation Prevents Poor Performance…At Trial.
By Brandon Schwartz
Contrary to popular belief, trials are not dead. While motion practice, summary adjudication, and alternative dispute resolution helped resolve countless cases settle short of trial, having the confidence and ability to try a case is an invaluable tool for litigators. Moreover, preparing your client’s case from commencement as if it were going to trial will most likely put your case in a posture to obtain the best possible settlement for your client if the matter (likely) happens to be resolved short of trial. Read more...
By Christine M. Callahan
Before you can prepare for your first mediation, you have to understand what mediation is and how it works. Petitioners in all civil cases in Minnesota are required to initiate a settlement conference. General Rule of Practice 114 requires all civil cases to submit to some form of Alternative Dispute Resolution process (ADR) before they appear in court.i There are many different types of ADR available to help parties settle their disputes before having the court resolve them. Mediation is likely the most popular of the ADR choices because it allows parties to maintain some control over the outcome of their dispute resolution. Read more...
On January 1, 2014, The Affordable Care Act Goes Live. Are Your Clients Ready?
By Michael Joliat
The Patient Protection And Affordable Care Act is one of the most complex pieces of legislation ever devised. In 2014 – when the bulk of its provisions become effective – the Affordable Care Act will establish a massive wealth shifting apparatus that will affect every individual and employer in America. Though it will affect all employers to some extent, about one million businesses nationwide will face the brunt of the Affordable Care Act. Thousands of these businesses call the Twin Cities home. Read more...
Adam T Johnson