Articles

The official publication of the Minnesota State Bar Association

Feature Articles

AI, UPL, and the justice gap

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DAMIEN RIEHL

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Apr 01, 2024

The legal profession stands at a crossroads. Embracing generative AI tools such as LLMs can significantly improve legal practice and access to justice. If we’re able to assess potential concerns about free speech and guild protectionism, we might move forward with using tools to benefit the public.

Full story

AI
Access to Justice

The Eighth Circuit needs more women on the bench: An advocate’s experience

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Stephanie Angolkar

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Apr 01, 2024

One October morning in 2021, I prepared to return to in-person oral arguments before the Eighth Circuit in St. Paul, Minnesota. After checking in for my argument, I entered the courtroom and quickly saw that I was the only woman in the room.

Full story

Gender
Courts

Common but not forgotten

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IAN LEWENSTEIN

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Apr 01, 2024

When it comes to basic comma mistakes, two are predominantly recurring: (1) missing commas between independent clauses and (2) commas used unnecessarily in compound predicates.

Full story

Legal Writing

In the Matter of Equity v. Finality

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m boulette, Seungwon Chung, and Abby Sunberg

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Feb 29, 2024

Two recent Supreme Court cases shift the emphasis in Minnesota divorce law. As divorce lawyers, we can’t make many promises. Family court outcomes are notoriously uncertain and the classic lawyerly “it depends” is often the only answer. But there was at least one promise we could always make: By the time this is over, you’ll be divorced. Once and for all. But after recent cases from the Minnesota Supreme Court, even that answer may now depend.

Full story

Divorce
Family Law

Retaining and using expert witnesses: A short primer

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R. Don Keysser

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Feb 29, 2024

Your experts should be an integral part of your legal team, capable of adding considerable value to the ultimate resolution of your client’s case, if you manage them well.

Full story

Civil Litigation

10 tips for working effectively with your in-house counterparts

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MIKE MATHER

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Feb 29, 2024

Despite the importance of this relationship, little time is spent identifying exactly how outside counsel can maximize their value to their in-house counterparts and the client they jointly represent. To address this gap, here are ten tips on how firms can more effectively partner with their in-house colleagues.

Full story

Litigation
Business Law

The cannabis-custody conundrum

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Christopher Vatsaas and Melanie Nelson

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Feb 29, 2024

Marijuana use is not a foreign issue to family courts. In Minnesota, however, the legalization of recreational marijuana in 2023 added a new layer to this legal onion. As of August 1, 2023, adults in Minnesota over the age of 21 can possess, use, and grow restricted amounts of marijuana

Full story

Family Law
Cannabis

How judges read statutes: And how to write them so they won’t be misinterpreted

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Justice Paul Thissen

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Jan 26, 2024

In this article, I hope to provide practical tips for people involved in the process of drafting statutes so they can maximize the odds that judges will interpret and apply statutes as their drafters intended.

Full story

Judges
Legislation

What happens when AI finally does learn to write legal briefs? A future imagined.

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VADIM TRIFEL

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Jan 26, 2024

A few weeks ago, I received an email about a job offer. It was an invitation to train a legal AI. The email did not go into detail. I assumed I would be involved in some type of machine learning. I would sit behind a computer and correct the program’s mistakes, give it a human touch. And perhaps, unwittingly, I would teach it enough of what I have spent over a decade learning for it to take over my job one day in the not-too-distant future.

Full story

AI
Technology

Crime and punishment, revised edition

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Elizabeth A. Orrick

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Jan 26, 2024

The 2023 legislative session was busy, with a record-breaking number of bills. In the end, 75 new chapters of law were adopted. In the criminal sector, numerous laws were added, existing laws modified, and some laws repealed.

Full story

Criminal Law

Brace yourself. Here are seven legal tech trends that are transforming the practice of law.

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Todd C. Scott

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Nov 30, 2023

So where might we be going from here? And what does 2024 have in store for attorneys trying to stay windward of the tidal change happening with law office workflows? Humbly, we have identified seven legal tech trends that will bring transformational change to lawyers and law firm processes everywhere.

Full story

Technology

Put plain language in Minnesota’s court rules

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Ian Lewenstein

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Nov 30, 2023

Even the sclerotic federal government has slowly shuffled ahead of Minnesota in its dedication to washing court rules of legalese. I think that it’s time for Minnesota to follow suit.

Full story

Courts
Legal Writing

Deuce-Ace's Law Dictionary

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The Rev. Dr. Felix Rabbits Van Deuce-Ace, Esq., L.L.M., M.A., M.B.A., M.D., Ph.D.

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Nov 30, 2023

Scholarly square-toes will find much objectionable about the dictionary, as will the somber office drudge. This because the bloody thing wasn’t written for the serious, but for your average mouth-breather.

Full story

Legal Research and Writing

Better together: Toward a mutual-care approach to practicing law

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Natalie Netzel

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Nov 01, 2023

Natalie Netzel explores how mental health issues are exacerbated, even created, by the norms of our profession starting in law school, and then explores how individual lawyers can work together to promote mutual care as a new norm to counteract our damaging status quo.

Full story

Wellbeing

Trust us Antitrust is back: And it’s coming for Big Tech

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Dan Gustafson and Abou Amara

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Nov 01, 2023

More than a century ago, the critical industries of the day in the United States—railroads, electricity, oil, and gas—rested in the hands of a few powerful corporations.

Full story

antitrust

Secret recordings, privacy, and the pursuit of truth

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By James Todd

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Nov 01, 2023

The question for family-law practitioners is how to advise clients when it comes to secret recordings—whether to gather them and, when presented with secret recordings, whether to use those recordings as evidence in a family court proceeding.

Full story

Family Law

Going to Trial: Three Tips for Junior Lawyers

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Cianna Guerra Halloran

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Nov 01, 2023

This may be a rare experience overall, but as a new civil litigator I can attest that one should be prepared for the potential of a trial anyway. The problem is, how can you be prepared for trial when you are entirely new to the practice of law?

Full story

Civil Litigation
New Lawyers

Reading the fine print: The extensive changes to Minnesota landlord-tenant law in 2023 mostly codify best practices

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By Timothy A. Baland

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Oct 01, 2023

The 2023 Minnesota legislative session saw what have been heralded as unprecedented changes to landlord-tenant law in Minnesota. Unless otherwise noted, the statutes discussed in this article become effective on January 1, 2024. For the most part, the changes reflect best practices for landlords—things that landlords already are or should be doing.

Full story

Landlord-Tenant Law

The lawyer as private investigator: Parsing new ABA Model Rule 1.16(a)—Inquiring Into and Assessing Representations

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William J. Wernz

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Oct 01, 2023

In August 2023, the ABA adopted a new first sentence for Rule 1.16(a) of the Model Rules of Professional Conduct, requiring lawyers to “inquire into and assess the facts and circumstances of each representation [of a client] to determine whether the lawyer may accept or continue the representation.”

Full story

Rules of Professional Conduct

The changing workplace

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Beth L. LaCanne and Shannon E. Eckman

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Oct 01, 2023

The 2023 Minnesota legislative session was a pivotal one for laws impacting Minnesota’s workplaces. In particular, the session saw a wave of laws affecting employees’ rights and well-being.

Full story

Employment and Labor Law

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Articles

The official publication of the Minnesota State Bar Association

Feature Articles

AI, UPL, and the justice gap (?)

DAMIEN RIEHL (?)

Apr 01, 2024

The Eighth Circuit needs more women on the bench: An advocate’s experience (?)

Stephanie Angolkar (?)

Apr 01, 2024

Common but not forgotten (?)

IAN LEWENSTEIN (?)

Apr 01, 2024

In the Matter of Equity v. Finality (?)

m boulette, Seungwon Chung, and Abby Sunberg (?)

Feb 29, 2024

Retaining and using expert witnesses: A short primer (?)

R. Don Keysser (?)

Feb 29, 2024

10 tips for working effectively with your in-house counterparts (?)

MIKE MATHER (?)

Feb 29, 2024

The cannabis-custody conundrum (?)

Christopher Vatsaas and Melanie Nelson (?)

Feb 29, 2024

How judges read statutes: And how to write them so they won’t be misinterpreted (?)

Justice Paul Thissen (?)

Jan 26, 2024

What happens when AI finally does learn to write legal briefs? A future imagined. (?)

VADIM TRIFEL (?)

Jan 26, 2024

Crime and punishment, revised edition (?)

Elizabeth A. Orrick (?)

Jan 26, 2024

Brace yourself. Here are seven legal tech trends that are transforming the practice of law. (?)

Todd C. Scott (?)

Nov 30, 2023

Put plain language in Minnesota’s court rules (?)

Ian Lewenstein (?)

Nov 30, 2023

Deuce-Ace's Law Dictionary (?)

The Rev. Dr. Felix Rabbits Van Deuce-Ace, Esq., L.L.M., M.A., M.B.A., M.D., Ph.D. (?)

Nov 30, 2023

Better together: Toward a mutual-care approach to practicing law (?)

Natalie Netzel (?)

Nov 01, 2023

Trust us Antitrust is back: And it’s coming for Big Tech (?)

Dan Gustafson and Abou Amara (?)

Nov 01, 2023

Secret recordings, privacy, and the pursuit of truth (?)

By James Todd (?)

Nov 01, 2023

Going to Trial: Three Tips for Junior Lawyers (?)

Cianna Guerra Halloran (?)

Nov 01, 2023

Reading the fine print: The extensive changes to Minnesota landlord-tenant law in 2023 mostly codify best practices (?)

By Timothy A. Baland (?)

Oct 01, 2023

The lawyer as private investigator: Parsing new ABA Model Rule 1.16(a)—Inquiring Into and Assessing Representations (?)

William J. Wernz (?)

Oct 01, 2023

The changing workplace (?)

Beth L. LaCanne and Shannon E. Eckman (?)

Oct 01, 2023

Bench & Bar of Minnesota

Recent Issues

AI, UPL, and the justice gap

(?)

DAMIEN RIEHL

(?)

The Eighth Circuit needs more women on the bench: An advocate’s experience

(?)

Stephanie Angolkar

(?)

Common but not forgotten

(?)

IAN LEWENSTEIN

(?)

In the Matter of Equity v. Finality

(?)

m boulette, Seungwon Chung, and Abby Sunberg

(?)

Retaining and using expert witnesses: A short primer

(?)

R. Don Keysser

(?)

10 tips for working effectively with your in-house counterparts

(?)

MIKE MATHER

(?)

The cannabis-custody conundrum

(?)

Christopher Vatsaas and Melanie Nelson

(?)

How judges read statutes: And how to write them so they won’t be misinterpreted

(?)

Justice Paul Thissen

(?)

What happens when AI finally does learn to write legal briefs? A future imagined.

(?)

VADIM TRIFEL

(?)

Crime and punishment, revised edition

(?)

Elizabeth A. Orrick

(?)

Brace yourself. Here are seven legal tech trends that are transforming the practice of law.

(?)

Todd C. Scott

(?)

Put plain language in Minnesota’s court rules

(?)

Ian Lewenstein

(?)

Deuce-Ace's Law Dictionary

(?)

The Rev. Dr. Felix Rabbits Van Deuce-Ace, Esq., L.L.M., M.A., M.B.A., M.D., Ph.D.

(?)

Better together: Toward a mutual-care approach to practicing law

(?)

Natalie Netzel

(?)

Trust us Antitrust is back: And it’s coming for Big Tech

(?)

Dan Gustafson and Abou Amara

(?)

Secret recordings, privacy, and the pursuit of truth

(?)

By James Todd

(?)

Going to Trial: Three Tips for Junior Lawyers

(?)

Cianna Guerra Halloran

(?)

Reading the fine print: The extensive changes to Minnesota landlord-tenant law in 2023 mostly codify best practices

(?)

By Timothy A. Baland

(?)

The lawyer as private investigator: Parsing new ABA Model Rule 1.16(a)—Inquiring Into and Assessing Representations

(?)

William J. Wernz

(?)

The changing workplace

(?)

Beth L. LaCanne and Shannon E. Eckman

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