Bench & Bar of Minnesota

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The official publication of the Minnesota State Bar Association

November 2021


This moment and this breath: A public defender writes about loss, survival, and extreme sports
Shauna Faye Kieffer
Nov 04, 2021
Everyone has their suffering. It's no secret that people who are drawn to sports that require total focus on that one moment—be it yoga breathing, skiing cliffs, or running until your legs could fall off—are seeking to be present in the moment and not lost in their despair. 
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  • CATEGORY
  • Wellness
Well-being is always a work in progress
Rachell Henning
Nov 04, 2021
The practice of law is not easy. In a profession filled with stress and deadlines, it is easy to ignore the fact that our bodies and minds have limitations. Failure to recognize our own humanity can result in consequences both personally and professionally.
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  • CATEGORY
  • Wellness
Transgender rights under siege in many state legislatures— including Minnesota’s
Daniel Choma, Tara Kalar, Ellen J. Kennedy, and Caitlin Schweiger
Nov 04, 2021
Across the U.S., the past year’s state legislative sessions have brought forth an unprecedented amount of legislation addressing transgender rights, most of the bills seemingly in response to recent strides made for transgender people in both state and federal courts.
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  • CATEGORY
  • Legislation
5 tips for settling disputes through early mediation
Terri Krivosha and Melissa Muro LaMere
Nov 04, 2021
Our experience has given us insight into how early mediation can play a powerful role in resolving disputes. Below are five tips for reaching agreement in tough disputes through early mediation.
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  • CATEGORY
  • Mediation
The lifelong impact of law school mentoring
Uyen Campbell and Judith Rush
Nov 04, 2021
Each year, over 470 Minnesota lawyers and judges provide students at the University of St. Thomas School of Law opportunities to answer these and many other important questions. These mentors, and other informal mentors, play a crucial role in helping students define their professional identities and learn vital skills before they become lawyers.
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  • CATEGORY
  • Law School
  • Mentoring
Time to examine the bar exam
Jennifer Thompson
Nov 04, 2021
Last year, after a group of recent law school graduates requested that the MSBA Council examine the state of the bar exam and its role in the admission of new lawyers in Minnesota, it became clear to MSBA leadership that further efforts to study the issue were necessary.
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  • CATEGORY
  • President's Page
Check the financial donation box for 2021
Nov 04, 2021
Last spring the Minnesota Supreme Court added Rule 25 to the Minnesota Rules of the Supreme Court on Lawyer Registration, requiring attorneys to report each year the approximate number of pro bono hours completed in the prior calendar year, and likewise to indicate by means of a check box whether they donated to legal services organizations that provide free services to low-income Minnesotans.
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  • CATEGORY
  • Pro Bono
  • MSBA in Action
Pro bono opportunity: the eviction crunch
Nov 04, 2021
The MSBA is proud to partner with legal services organizations across Minnesota to encourage pro bono and to let you know about opportunities to volunteer your time. This month, we’re highlighting Mid-Minnesota Legal Aid’s (MMLA) Eviction Defense Screening Project.
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  • CATEGORY
  • MSBA in Action
Court orders comment period and public hearing on MSBA lawyer advertising petition
Nov 04, 2021
In late June the MSBA filed a petition (ADM10-8005) requesting changes that would bring Rule 7 of the Minnesota Rules of Professional Conduct (MRPC), which governs attorney advertising, into alignment with ABA Model Rule 7, which was revised in 2018.
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  • CATEGORY
  • MSBA in Action
Lawyer neutrals and other people’s money
Susan Humiston
Nov 04, 2021
Last’s month’s column focused on trust accounts and overdrafts. One reader asked an excellent follow-up question: What about lawyers who serve as neutrals? What are they to do with other people’s money that they hold?
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  • CATEGORY
  • Professional Responsibility
Go fish? Proportionality revisited
MARK LANTERMAN
Nov 04, 2021
Given the complexity of digital evidence and the risk of its corruption, it is important to establish fair and workable discovery protocols from the outset.
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  • CATEGORY
  • Technology
What lessons have you learned during the course of the pandemic—professionally or personally—that made you a better lawyer?
Nov 04, 2021
"I believe the wisest investment you can make is to invest your time in people, and the pandemic only reinforced that—personally and professionally."
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  • CATEGORY
  • Colleague Corner
Short, sweet, and specific: Effective openings and closings in oral argument
Kyle R. Kroll
Nov 04, 2021
This article surveys just some of the great oral advocates from Minnesota and elsewhere. A review of openings and closings from these greats reveals three key insights: keep it short, sweet, and specific.
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  • CATEGORY
  • New Lawyers
Notes & Trends – November 2021
Nov 04, 2021
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  • CATEGORY
  • Notes & Trends
 

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