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April 2021
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Bench & Bar of Minnesota
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April 2021
The official publication of the Minnesota State Bar Association
April 2021
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Competent but compromised: Representing clients on the spectrum between mental health and mental illness
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Apr 05, 2021
Just as dissolution clients are screened for domestic violence, it is prudent to screen all clients for mental health issues that might go beyond personality traits or mere quirks. Knowing what to look for and how to respond can save your relationship with your client.
Full story
CATEGORY
Well-Being
Features
Cohabitation and spousal maintenance revisited: Sinda v. Sinda and the state of the law
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KATHLEEN M. NEWMAN
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Apr 05, 2021
In 2016 Minnesota’s spousal maintenance statute was changed to add cohabitation as a reason to modify spousal maintenance. In practice, did the addition of cohabitation as a basis to modify spousal maintenance change the way courts analyze a modification request based on the case law surrounding cohabitation?
Full story
CATEGORY
Family Law
Features
Practicing with grace: Covid-19 and the coming eviction crunch
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MANAIRE VAUGHN
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Apr 05, 2021
To truly understand the impact of the coronavirus pandemic, we must look at all covid-related legal issues with a systemic lens and be open to creative problem solving. It’s hard to think of an area in which this is more emphatically true than with respect to the impending tsunami of eviction filings once federal and local moratoria are rescinded.
Full story
CATEGORY
Housing
Features
Legal aid in a pandemic: Notes from the front lines
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LILO SCHLUENDER
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Apr 05, 2021
Working in civil legal aid is challenging in good times; working as a civil legal aid attorney in a global pandemic has felt like a Sisyphean undertaking. For the past 12 months, our practice has evolved from poverty lawyers to humanitarian crisis advocates.
Full story
CATEGORY
Legal Aid
Features
Momentum builds for changes to Predatory Offender Registry
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Stacy L. Bettison
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Apr 05, 2021
In late January, the Minnesota Legislature received the final report of the Criminal Sexual Conduct Working Group charged with recommending changes to the criminal sexual conduct statute. For over 13 months the working group—comprising victims/survivors, advocates, prosecutors, law enforcement, and criminal defense attorneys—met to consider a multitude of proposed changes to the law, designed primarily to strengthen the criminal statute.
Full story
CATEGORY
Criminal Law
Features
A big step for attorney wellness
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Dyan Ebert
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Apr 05, 2021
The unmistakable disparity in childcare commitments that exists between women and men in the legal profession is precisely why the work of the MSBA’s Parental Leave Working Group is so vital.
Full story
CATEGORY
President's Page
Lawyers urged to 'Step Up for Minnesota'
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Apr 05, 2021
The Minnesota Judicial Branch, Minnesota State Bar Association, and legal aid programs recently launched the one-year “Lawyers Step Up for Minnesota” campaign to help fellow Minnesotans with acute legal needs in housing, family safety, and consumer protection.
Full story
CATEGORY
MSBA in Action
Required pro bono reporting to begin in 2022
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Apr 05, 2021
The MSBA will work with the Lawyer Registration Office and the Court to provide more complete information to its members and the bar about the reporting obligation prior to the effective date.
Full story
CATEGORY
MSBA in Action
Avoiding ethics complaints
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Susan Humiston
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Apr 05, 2021
Annually we receive one complaint for every 25 lawyers in the state, and most complaints do not result in discipline. Those are good odds. And there is much you can do to further reduce your chance of receiving a complaint and, if you do receive a complaint, of being disciplined.
Full story
CATEGORY
Professional Responsibility
Geofence warrants: The battle is just beginning
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MARK LANTERMAN
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Apr 05, 2021
With a judge’s approval, geofence warrants essentially allow law enforcement to obtain information on anyone who was in a particular area at a particular time.
Full story
CATEGORY
Technology
Three ways to improve your brief
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Eliot T. Tracz
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Apr 05, 2021
Brief writing is a critical skill for lawyers. Motions are won or lost on the strength of a brief, yet many briefs miss important opportunities to persuade the court to rule favorably.
Full story
CATEGORY
New Lawyers
Colleague Corner: Meet Michael Fondungallah
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Apr 05, 2021
Michael Fondungallah, a native of Cameroon, received a bachelor’s degree in law and a graduate degree in business law from the University of Yaounde. After migrating to the United States in the 1990s, he earned his JD from the William Mitchell College of Law in 2001. His practice is focused on immigration and employment law.
Full story
CATEGORY
Colleague Corner
Notes & Trends April 2021
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Apr 05, 2021
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CATEGORY
Notes & Trends
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