Friday, January 4, 2008
Access-to-clients issue
The newly revamped Minnesota Lawyer website has an interesting article on it about what restrictions can imposed on meetings between inmates and their lawyers. A local attorney has been in a tussle with Scott County officials over jailhouse access to her client. Scott County has been apparently requiring 24 hour notice be given for such meetings.
Thursday, January 3, 2008
AP: Magill to serve as interim U.S. attorney in Minnesota
The Associated Press is reporting that First Assistant U.S. Attorney Frank Magill has been chosen to serve as interim U.S. attorney for Minnesota. Rachel Paulose announced her resignation from from the U.S. attorney's post last November to take a job with main Justice in Washington, D.C.
Magill strikes me as particularly good choice. He is experienced, respected and somehow managed to stay above the fray during all the upheaval in the office.
Magill strikes me as particularly good choice. He is experienced, respected and somehow managed to stay above the fray during all the upheaval in the office.
Wisconsin bracing for another Supreme Court showdown
Should you tire of the Iowa caucus-fest, here's some regional news with a bit more relevance.
Wisconsin Supreme Court Justice Louis B. Butler Jr. will face a challenger this spring in what is expected to be another expensive slugfest, similar to last year's contest that saw Annette Ziegler defeat Linda Clifford.
That race spurred close to $2 million in campaign contributions — the most for a supreme court seat in state history.
At stake once again is the ideological balance of the court, the Associated Press reports.
Butler is generally viewed as one of the three liberal members of the court. His opponent, Circuit Court Judge Michael J. Gableman, was appointed by Republican Gov. Scott McCallum and is positioning himself as a conservative alternative.
Wisconsin Supreme Court Justice Louis B. Butler Jr. will face a challenger this spring in what is expected to be another expensive slugfest, similar to last year's contest that saw Annette Ziegler defeat Linda Clifford.
That race spurred close to $2 million in campaign contributions — the most for a supreme court seat in state history.
At stake once again is the ideological balance of the court, the Associated Press reports.
Butler is generally viewed as one of the three liberal members of the court. His opponent, Circuit Court Judge Michael J. Gableman, was appointed by Republican Gov. Scott McCallum and is positioning himself as a conservative alternative.
Wednesday, January 2, 2008
A new look for the new year
Minnesota Lawyer today unveiled its newly revamped website. It's got a much fresher, cleaner look. I suspect there will be some initial glitches, but it will ultimately be much more user-friendly for visitors. Let us know what you think. You can reach me by e-mail at mark.cohen@minnlawyer.com.
Speaking of Top Ten lists...
With the new year still very new, it’s a good time to consider which legal issues will be most discussed in the media during 2008.
Legal marketing firm Legal Expert Connections has come up with a list of which practice areas will be most sought after for comment and expertise by mainstream print and broadcast outlets during the coming year.
They are:
1. Real estate
2. Government
3. Intellectual property
4. International law
5. Privacy/data security
6. Immigration
7. Trusts/estates
8. Environment
9. Employment
10. Health care
Not too many surprises on that list, but to name one, I wouldn’t be shocked to see legal issues surrounding trusts and estates to get more and more attention as the next few years pass.
With Baby Boomers reaching retirement age in droves, a lot of people will need solid legal advice about not just retirement planning, but also how to handle their estates best distribute assets to their heirs. Those are legal issues that affect everyone once they reach a certain age, and they’ll continue to garner media attention long after the mortgage mess becomes yesterday’s news.
Legal marketing firm Legal Expert Connections has come up with a list of which practice areas will be most sought after for comment and expertise by mainstream print and broadcast outlets during the coming year.
They are:
1. Real estate
2. Government
3. Intellectual property
4. International law
5. Privacy/data security
6. Immigration
7. Trusts/estates
8. Environment
9. Employment
10. Health care
Not too many surprises on that list, but to name one, I wouldn’t be shocked to see legal issues surrounding trusts and estates to get more and more attention as the next few years pass.
With Baby Boomers reaching retirement age in droves, a lot of people will need solid legal advice about not just retirement planning, but also how to handle their estates best distribute assets to their heirs. Those are legal issues that affect everyone once they reach a certain age, and they’ll continue to garner media attention long after the mortgage mess becomes yesterday’s news.
Monday, December 31, 2007
Happy New Year!
The Minnesota Lawyer blog staff would like to thank each and every one of our readers for visting us in 2007. We wish you all a happy and safe New Year!
Sunday, December 30, 2007
The top 10 Minnesota legal news stories of 2007
Although completely unscientific, here are my picks for the "Top 10" Minnesota legal news stories of 2007. Even a cursory glance demonstrates that it has been a very interesting year for legal news here in the Gopher State. We at Minnesota Lawyer have enjoyed keeping you up-to-date with our newspaper, blog and website – and look forward to bringing you even more valuable information in 2008. In the meantime, have a happy and safe New Year.
9.* The controversy at the local U.S. Attorney’s Office, culminating with the decision of Rachel Paulose to resign her post and take a job at main Justice in Washington, D.C.
*Denotes a tie
***
1. The legal wrangling around the 35W bridge collapse, including efforts to get access to the site, start a victims’ compensation fund and represent victims pro bono;
2. Filling judicial seats, including the appointment of a new Minnesota Supreme Court justice (Christopher Dietzen) and the addition of a badly needed new three-judge panel for the state’s overworked Court of Appeals;
3. A Hennepin County jury awards $130 million to local dentists in their lawsuit against a Massachusetts company that administered the business side of their practices;
4. The once-venerable Minneapolis law firm of Rider Bennett closes its doors forever and subsequently declares bankruptcy;
5. The U.S. Supreme Court decides to hear the appeal of the multi-billion-dollar verdict in the Exxon Valdez oil spill case, much to the chagrin of the Minneapolis firm of Faegre & Benson, which has been representing plaintiffs in the case for nearly a generation now;
6. The debate about judicial-election reform, from the Quie Commission issuing its much-anticipated report to the split in the legal community that still exists about how to proceed;
7. The Minnesota Supreme Court recognizes a cause of action for negligent credentialing against hospitals that grant doctors operating-room privileges;
8. Technology and the law: from the courts' introduction of online trial records to the establishment of new legal blogs and other Web-based legal information sources (including the Minnesota Lawyer blog and other new online journalistic ventures);
9.* The controversy at the Minnesota Attorney General’s Office, including the employees' unionization attempt and the decision of Mike Hatch to resign his deputy’s post and find a job in private practice;
2. Filling judicial seats, including the appointment of a new Minnesota Supreme Court justice (Christopher Dietzen) and the addition of a badly needed new three-judge panel for the state’s overworked Court of Appeals;
3. A Hennepin County jury awards $130 million to local dentists in their lawsuit against a Massachusetts company that administered the business side of their practices;
4. The once-venerable Minneapolis law firm of Rider Bennett closes its doors forever and subsequently declares bankruptcy;
5. The U.S. Supreme Court decides to hear the appeal of the multi-billion-dollar verdict in the Exxon Valdez oil spill case, much to the chagrin of the Minneapolis firm of Faegre & Benson, which has been representing plaintiffs in the case for nearly a generation now;
6. The debate about judicial-election reform, from the Quie Commission issuing its much-anticipated report to the split in the legal community that still exists about how to proceed;
7. The Minnesota Supreme Court recognizes a cause of action for negligent credentialing against hospitals that grant doctors operating-room privileges;
8. Technology and the law: from the courts' introduction of online trial records to the establishment of new legal blogs and other Web-based legal information sources (including the Minnesota Lawyer blog and other new online journalistic ventures);
9.* The controversy at the Minnesota Attorney General’s Office, including the employees' unionization attempt and the decision of Mike Hatch to resign his deputy’s post and find a job in private practice;
9.* The controversy at the local U.S. Attorney’s Office, culminating with the decision of Rachel Paulose to resign her post and take a job at main Justice in Washington, D.C.
*Denotes a tie
Friday, December 28, 2007
Hennepin County’s pest problems persist
Earlier this month, Minnesota Lawyer revealed that the Hennepin County Government Center was having a problem with mice. Now, it appears, the county is having a problem with employees.
A pest control company was called when the mice woes surfaced, but it couldn’t start its extermination efforts until January because there would be too much food in the building during the holidays for the aggressive plan to be effective. Apparently, some Government Center employees couldn’t wait.
The employees’ efforts at self-help apparently spurred a five-page memo from the county on the “pest control initiative.” The memo stated in part: “Employees are asked to take their products home immediately or they will be thrown out during the cleaning. It’s important to point out that it’s not acceptable for employees to take pest control action into their own hands, as there are guidelines and procedures that need to be adhered to.”
Thursday, December 27, 2007
Thank you...
Thank you to everyone who submitted nominations for our Attorneys of the Year awards celebration.
Your response has been the best yet, and while more nominations makes it harder to choose just 15, it reminds us of the outstanding talent, passion and pride here in Minnesota's legal community.
Look for our announcement of this year's Attorneys of the Year honorees in early January.
Thanks again!
Wednesday, December 26, 2007
A valuable shield protects your right to know
Minnesota's seldom-tested shield law has taken a couple of interesting shots in recent weeks.
Earlier this month it was revealed that KMSP reporter Tom Lyden had two months of cell phone records seized by St. Paul police as part of an ongoing investigation into whether a Ramsey County sheriff's deputy leaked private data to Lyden. The data was later determined to be public, and the investigation was dropped after protests from First Amendment advocates.
Then, on Tuesday, the Minnesota Court of Appeals struck down a ruling ordering a reporter to give prosecutors unpublished notes from an interview with a man who shot two police officers before killing himself.
Every first-semester journalism school student is taught the importance of shield laws, but few reporters are ever called on to invoke the law in response to a request that they reveal their sources. Media members in Minnesota are fortunate to be covered by the Minnesota Free Flow of Information Act, which provides a greater level of protection for reporters by requiring that three strict standards are met before disclosure is compelled by the court. The fact that the two recent shield law squabbles went the way of media outlets should be a relief not only to journalists, but to everybody who values transparency and disclosure from government entities.
Earlier this month it was revealed that KMSP reporter Tom Lyden had two months of cell phone records seized by St. Paul police as part of an ongoing investigation into whether a Ramsey County sheriff's deputy leaked private data to Lyden. The data was later determined to be public, and the investigation was dropped after protests from First Amendment advocates.
Then, on Tuesday, the Minnesota Court of Appeals struck down a ruling ordering a reporter to give prosecutors unpublished notes from an interview with a man who shot two police officers before killing himself.
Every first-semester journalism school student is taught the importance of shield laws, but few reporters are ever called on to invoke the law in response to a request that they reveal their sources. Media members in Minnesota are fortunate to be covered by the Minnesota Free Flow of Information Act, which provides a greater level of protection for reporters by requiring that three strict standards are met before disclosure is compelled by the court. The fact that the two recent shield law squabbles went the way of media outlets should be a relief not only to journalists, but to everybody who values transparency and disclosure from government entities.
Monday, December 24, 2007
The day before Christmas (Hennepin County)
The following is Minnesota Lawyer Editor Mark Cohen's column for this week, which we are making available to our blog readers as a special extra. This holiday poem was inspired by the rodent situation at the Hennepin County Government Center. Happy holidays!
‘Twas the day before Christmas and through the courthouse
Not a creature was stirring, except for a mouse
The exterminator won’t arrive ‘til the New Year
So rodents run amok without any fear
The judges don’t let their feet touch the floor
Keeping them suspended eight hours or more
Their quivering clerks look from side to side
Hoping against hope for a piper that’s pied.
Beads of sweat drip from prosecutors’ faces
Fearful defense lawyers keep losing their places
Every bailiff unlatches the safety on his gun
Mice may be small, but they certainly can run.
Suddenly out in the lobby there arises a great clatter
An army of tiny paws start to pitter and patter
Chief Judge Lucy Wieland dashes out in a flash
To go to the Capitol and beg for more cash
Everything is locked tight when she arrives in St. Paul
Nobody’s done much there since the start of last fall
When what to Wieland’s startled eyes should appear
But Tim Pawlenty sporting his gubernatorial hair.
“We need more funding now to save us from mice!”
And to emphasize her point Weiland repeats it twice
Pawlenty gives her a long and sympathetic sigh
Speaking softly, but firmly, as he re-adjusts his tie.
“I want you folks to know that I feel your pain,
But I’m running late for a meeting with John McCain”
Into his car the governor quickly takes flight
Giving a wink and a nod as he drives out of sight.
Wieland walks sadly back to the Capitol lot
Only to find her car’s been towed from its spot
While most workers leave early on Christmas Eve
Tow truck drivers don’t give anyone a reprieve.
The chief judge takes a bus back to her court
She is now near the end of a workday that’s short
She finds the building’s now been completely overrun
Life’s a rat race, and it’s the mice who’ve won.
Wieland pulls out her cell and can be heard to say
“I need a book delivered, that’s right, right away”
And what book does she order? Oh please!
The answer is obvious — “Who Moved My Cheese?”
So the mice will continue to make merry ‘til ‘08
At which point they’ll meet a much darker fate.
Hennepin workers, I’m sorry to make light of your plight
Happy holidays to all, and to all a good night!
Mark A. Cohen can be reached at (612) 584-1531, or by e-mail at mark.cohen@minnlawyer.com. He offers in advance his most fervent apologies to Clement Clarke Moore, who deserves much better for his classic 1822 poem, “A Visit from St. Nicholas.”
‘Twas the day before Christmas and through the courthouse
Not a creature was stirring, except for a mouse
The exterminator won’t arrive ‘til the New Year
So rodents run amok without any fear
The judges don’t let their feet touch the floor
Keeping them suspended eight hours or more
Their quivering clerks look from side to side
Hoping against hope for a piper that’s pied.
Beads of sweat drip from prosecutors’ faces
Fearful defense lawyers keep losing their places
Every bailiff unlatches the safety on his gun
Mice may be small, but they certainly can run.
Suddenly out in the lobby there arises a great clatter
An army of tiny paws start to pitter and patter
Chief Judge Lucy Wieland dashes out in a flash
To go to the Capitol and beg for more cash
Everything is locked tight when she arrives in St. Paul
Nobody’s done much there since the start of last fall
When what to Wieland’s startled eyes should appear
But Tim Pawlenty sporting his gubernatorial hair.
“We need more funding now to save us from mice!”
And to emphasize her point Weiland repeats it twice
Pawlenty gives her a long and sympathetic sigh
Speaking softly, but firmly, as he re-adjusts his tie.
“I want you folks to know that I feel your pain,
But I’m running late for a meeting with John McCain”
Into his car the governor quickly takes flight
Giving a wink and a nod as he drives out of sight.
Wieland walks sadly back to the Capitol lot
Only to find her car’s been towed from its spot
While most workers leave early on Christmas Eve
Tow truck drivers don’t give anyone a reprieve.
The chief judge takes a bus back to her court
She is now near the end of a workday that’s short
She finds the building’s now been completely overrun
Life’s a rat race, and it’s the mice who’ve won.
Wieland pulls out her cell and can be heard to say
“I need a book delivered, that’s right, right away”
And what book does she order? Oh please!
The answer is obvious — “Who Moved My Cheese?”
So the mice will continue to make merry ‘til ‘08
At which point they’ll meet a much darker fate.
Hennepin workers, I’m sorry to make light of your plight
Happy holidays to all, and to all a good night!
Mark A. Cohen can be reached at (612) 584-1531, or by e-mail at mark.cohen@minnlawyer.com. He offers in advance his most fervent apologies to Clement Clarke Moore, who deserves much better for his classic 1822 poem, “A Visit from St. Nicholas.”
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