Minnesota Court of Appeals Procedural Decisions: Special Term Opinions

Minnesota Court of Appeals Procedural Decisions: Special Term Opinions

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…

Is Communication with Your Attorney & Spouse Privileged?

Is Communication with Your Attorney & Spouse Privileged?

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…

Attorney Malpractice Expert Affidavit: Example Template

Attorney Malpractice Expert Affidavit: Example Template

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…

Lawyer Conflicts of Interest: A Guide with Tips & Scenarios

Lawyer Conflicts of Interest: A Guide with Tips & Scenarios

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…

How to Fight Lawsuit Dismissal of Minnesota Case Not Filed in 1-Year

How to Fight Lawsuit Dismissal of Minnesota Case Not Filed in 1-Year

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 Contingency Fee Agreement is Relevant When an Attorney is Fired

The Contingency Fee Agreement is Relevant When an Attorney is Fired

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…

Reasonable Attorney Fees in Minnesota vs. Lodestar Factors

Reasonable Attorney Fees in Minnesota vs. Lodestar Factors

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…

Avoid Litigation With Alternative Dispute Resolution

Avoid Litigation With Alternative Dispute Resolution

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…

Minnesota Lawsuits are Dead If Not Filed in 1 Year

Minnesota Lawsuits are Dead If Not Filed in 1 Year

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…

Procedure Leading Up to Business Litigation

Procedure Leading Up to Business Litigation

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…