Some procedural issues are not clear under court rules. The court has resolved some of these issues in court decisions. These decisions can provide useful guidance to attorneys in the future. Below is an index of those procedural issues and the decisions addressing those issues. Special Term Opinion Subject Matter Index This Special Term Opinion…
When you file a motion in court, one of the documents usually required is a Memorandum of Law (also known as Memorandum of Law in Support of the Motion). Your Memorandum of Law is where your legal arguments are located. This is where your persuasive skills are applied. Thus, it is important to know how…
You may want to have your spouse present when meeting with an attorney. In those meetings, are your communications privileged? In short, it’s not clear. First, the law is not settled in many states. Second, it depends on which state’s law applies. Minnesota For example, in one case in Minnesota, the Minnesota Supreme Court held…
Like most states, Minnesota law requires an “expert affidavit” as part of bringing a malpractice lawsuit against an attorney. This is simply a written statement under oath that at least one other attorney (“expert”) believes the case has a good faith basis. The purpose behind this law is simple: this requirement is designed to prevent…
Lawyers encounter a wide variety of scenarios with a conflict of interest. Lawyers often struggle with the ethical way to respond. Fortunately, there is an outstanding, free resource available to attorneys seeking guidance on conflict of interests: Freivogel on Conflicts: A Guide to Conflicts of Interest for Lawyers. This is invaluable guidance for lawyers facing ethical…
Under Rule 5.04 of the Minnesota Rules of Civil Procedure, a lawsuit not filed in court within one year is dismissed with prejudice, which means with finality: Any action that is not filed with the court within one year of commencement against any party is deemed dismissed with prejudice against all parties unless the parties…
The Minnesota Supreme Court established an eight-factor test to determine a lawyer’s contingency fee after a client fired the lawyer shortly before settling case. The Court held that, under quantum meruit, the “fee arrangement existing between counsel and the client” is one of the factors. Minnesota’s Contingency Fee Factors for Attorneys The eight factors are time…
Yes. Rule 1.5(e) of the Rules of Professional Conduct provides as follows: A division of a fee between lawyers who are not in the same firm may be made only if (1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation; (2) the client…
Throughout the United States, many jurisdictions use the Lodestar factors as a standard to determine whether attorney’s fees are reasonable. The Lodestar standard has been part of the common law, refined by courts over the years. Minnesota’s approach to determining whether attorney’s fees are reasonable generally aligns with the Lodestar factors. Minnesota Standard Minnesota’s approach…
Litigation can be an overwhelming prospect. It involves a variety of different stages and terms that are unfamiliar to people who do not work in litigation often. Basic Litigation Terms Here is a brief guide to some of the most basic litigation terms used in Minnesota: Parties: The parties to litigation are just the different…
Increasingly, businesses are putting language into their contracts requiring disputes to be handled by a third-party arbitration firm. And it makes good business sense. Use Arbitration to Save Money Courts have also gotten into the action. More judges are ordering parties to try to settle their conflicts through alternate dispute resolutions such as arbitration or…
Under a new Minnesota state court rule, most cases not filed in court within one year of their commencement (cases start by service of process on the parties) will be dismissed with prejudice unless the parties agree in writing to extend this deadline. “Dismissed with prejudice” means the case cannot be started again, and is…
Preparation for Business Litigation The first step of the business litigation process actually exists outside of the process—it involves speaking with an experienced business litigation attorney. The business owner certainly knows the facts of the situation, and has an opinion as to whether her actions were “right or wrong”. Yet these facts may or may…