Yes, it is generally an ethics violation for an attorney in Minnesota to not pay a debt lawfully owed. Usually, this means a court must have declared the debt owed. Background Attorneys are subject to more laws than other people. Attorneys are subject to ethics rules, such as the Minnesota Rules of Professional Conduct. As…
The Federal Arbitration Act (FAA) is a cornerstone of dispute resolution in the United States. It provides a legal framework for arbitration, a form of alternative dispute resolution where disputes are resolved outside of court by a neutral third party, the arbitrator. This article delves into the intricacies of the FAA, its impact on state…
I have been asked to provide tips to people serving as mediators where all the parties are in the same room. This means the mediator is facilitating a meeting attended by parties in conflict. The dispute may include spouses, friends, business partners, neighbors, or parties in litigation who cannot get along. As a mediator, your…
Someone recently told me they were quoted $2,500 per hour for an attorney. I thought that was unusually high in 2023, so I did some research. I found that in 2023, attorney hourly rates range from about $300 to $2,500. Attorney rates continued to climb during the pandemic, especially as corporate and bankruptcy attorneys were…
Yes, Minnesota courts permit Zoom depositions. Zoom Depositions in Minnesota State District Court In Minnesota state court, depositions by Zoom or other virtual means are permitted by stipulation between the parties or by court order. “The parties may stipulate in writing or the court may upon motion order that a deposition be taken by telephone or other…
In Minnesota, a licensed attorney can face charges of violating ethics rules. These are not criminal charges. For example, the consequence do not include a prison sentence. Rather, the consequences may affect the lawyer’s license to practice law. This article discusses the consequences of ethics violations, the legal basis for ethics violations, disciplinary proceedings, and…
Under Minnesota court rules, a subpoenaed witness is entitled to “reasonable compensation” for time as a witness. But how much compensation is “reasonable?” Does the law set a fixed rate for compensating witnesses? In short, there is no fixed rate for the amount that must be paid to a subpoenaed witness. The amount of “reasonable…
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…
As the hourly rate for attorneys continues to rise, people may wonder whether excessive rates are illegal. Throughout the United States, many jurisdictions use the Lodestar factors as a standard to determine whether attorney’s fees are “reasonable,” which is usually a legal requirement. The Lodestar standard has been part of the common law, refined by…
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…