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Notes & Trends – January 2020
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Dec 30, 2019
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CATEGORY
Notes & Trends
Letter to the editor: "When Rules Get in the Way of Reason" by Justice Paul Thissen
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Dec 19, 2019
I appreciated Justice Thissen’s article ("When Rules Get in the Way of Reason," Bench & Bar Nov. 2019) on principles and methods of statutory construction. I, too, am concerned about overly mechanical – or in some cases, pseudo-plain-text – interpretations of statutory language. Justice Thissen aptly points out that when competing interpretations of a statute assert themselves as “plain meaning” interpretations – a competition found in published opinions as well as parties’ briefs and memoranda – something is amiss.
Full story
CATEGORY
Letters to the Editor
MSBA in Action
Walz announces appointment of tax court judge
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Dec 17, 2019
Governor Tim Walz announced that Jane Bowman, formerly known as Jane Holzer, has been appointed as the next Judge at the Minnesota Tax Court.
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CATEGORY
MSBA in Action
Commission on Judicial Selection announces vacancy in the 9th Judicial District
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Dec 03, 2019
The Commission on Judicial Selection announced that a judgeship vacancy is occurring in Minnesota’s Ninth Judicial District.
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CATEGORY
MSBA in Action
Pro Bono Publico
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TOM NELSON
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Dec 01, 2019
Rule 6.1 says: “Every lawyer has a professional responsibility to provide legal services to those unable to pay.” “[A]t least 50 hours” per year. “In addition,” the Rule says that we should “voluntarily contribute financial support to organizations that provide legal services to persons of limited means."
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CATEGORY
President's Page
Your ethical duty of supervision
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SUSAN HUMISTON
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Dec 01, 2019
Attorneys sometimes supervise other attorneys and frequently supervise non-attorney staff. While professional ethics certainly govern your personal behavior and choices, the rules also place upon you specific duties related to the ethical conduct of others.
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CATEGORY
Professional Responsibility
Doxxing redux: The trouble with opting out
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MARK LANTERMAN
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Dec 01, 2019
Doxxing is generally understood as the buying, selling, gathering, or other sharing of personal information online, often with malicious intent. With this private information in hand, individuals can threaten, stalk, harass, or damage the reputations of others.
Full story
CATEGORY
Technology
Start now, law students: Narrow your legal interests early
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SCOTT ANDREW FULKS
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Dec 01, 2019
Between bar festivities, informal coffees, social gatherings, and legal internships, a typical law student holds hundreds of brief, but potentially memorable, conversations throughout the three arduous years of school. There is a world of difference between meeting an indistinguishable law student and the next white-collar criminal defense attorney or an aspiring IP lawyer.
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CATEGORY
New Lawyers
'I found it natural to seek out appellate work'
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Dec 01, 2019
What I’ve appreciated most about my bar involvement is the community it has introduced me to. I’m inclined to be a bit of an academic who sits in his office and reads and thinks and writes. Through the Appellate Section of the MSBA, however, I was introduced to the state’s appellate bar and bench and became part of their collegial community.
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CATEGORY
Colleague Directory
Notes & Trends – December 2019
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Dec 01, 2019
Full story
CATEGORY
Notes & Trends
It’s North Star Lawyer certification time again
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Nov 26, 2019
Full story
CATEGORY
MSBA in Action
BLE seeks comment on foreign-educated lawyer petition
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Nov 26, 2019
Full story
CATEGORY
MSBA in Action
Commission on Judicial Selection announces vacancy in the 3rd Judicial District
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Nov 26, 2019
The Commission on Judicial Selection announced that a judgeship vacancy is occurring in Minnesota’s 3rd Judicial District.
Full story
CATEGORY
MSBA in Action
A Letter from President Tom Nelson: The MSBA—a Great Idea and a Good Deal
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Nov 15, 2019
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CATEGORY
MSBA in Action
Our Vote, Our Voice, Our Choice
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Tom Nelson
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Nov 04, 2019
A year from now, we will have the opportunity, and the obligation, to cast our vote in the 2020 elections. They will no doubt be hard fought, perhaps even seriously wrought.
Full story
CATEGORY
President's Page
Welcome new lawyers!
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Nov 04, 2019
On October 25 MSBA officials and staff were on hand to welcome 401 new Minnesota lawyers to the profession during admission ceremonies at the State Capitol sponsored by the Minnesota Supreme Court and the MSBA.
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CATEGORY
MSBA in Action
Clarification
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Nov 04, 2019
Following the publication of Janel Dressen’s article on the Lund v. Lund shareholder litigation (“Don’t Be the Next Lunds & Byerlys,” May/June 2019), Steve Wells and Jaime Stilson (the Dorsey & Whitney attorneys who represented the Lund defendants) contacted Bench & Bar to request a clarification.
Full story
CATEGORY
MSBA in Action
Withdrawing as counsel (ethically)
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SUSAN HUMISTON
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Nov 04, 2019
How to ethically withdraw as counsel is the third most frequently asked question on our advisory opinion/ethics hotline. Annually, hundreds of Minnesota attorneys seek advice on whether and how they may terminate a particular lawyer-client relationship.
Full story
CATEGORY
Professional Responsibility
Proportionality and digital evidence
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MARK LANTERMAN
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Nov 04, 2019
Proportionality is a major consideration during the course of discovery, as the court guards against overly expensive and/or burdensome productions in relation to what is at stake in the case. In this article, I will refer specifically to e-discovery and digital forensic productions.
Full story
CATEGORY
Technology
iRecorded a private conversation: Call recording and the law
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RACHEL D. ZAIGER
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Nov 04, 2019
The federal wiretapping law is known as a “one-party consent” law. If a client is a party to the conversation, the client—and the client alone—can lawfully be the party to consent to the recording, without notifying the other party to the conversation.
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CATEGORY
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