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When may a lawyer use information from a prior representation against the former client? Rule 1.9(c)(1), R. Prof. Conduct, provides that a lawyer may not, “use information relating to the representation to the disadvantage of the former client except as these rules would permit or require with respect to a client, or when the information has become generally known.” New ABA Formal Opinion 479 addresses the “generally known” exception. Op. 479 is of limited use because it does not address three important topics: (1) the “stock-in-trade” exception; (2) the Restatement permission for readily available public records; and (3) the “except as these rules permit” ...
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This week, I count 34 MN Legal Events including a benefit for Lawyer's Concerned for Lawyers featuring Daphne Willis. I'm told Ms. Willis has a following among the local legal community. She'll be at Mitchell Hamline on Friday eve. Here's the fully-searchable calendar.  And here are this week's events: Monday,  Jan 22, 2018 9:00am - 4:30pm, Real Property Law in Minnesota - Minnesota CLE Conference Center  9:00am - 12:15pm, Health Care Directives - How to Counsel and Draft with the Health Care Provider in Mind - Minnesota CLE Conference Center  1:00pm - 4:15pm, Financial Exploitation of the Elderly – How to Protect ...
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I count 28 MN legal events this week. Here's the pdf list of this week's events:  minnesota-legal-events-2018-01-15-15-22-20.pdf .  Here's the link to the full calendar. Find me this week at Minnesota CLE's New Lawyer Experience,1/18 and 19. I look forward to talking with new lawyers about how they might make the most of their membership.  This week's events: Mon Jan 15 USA: Martin Luther King Jr. Day  Tue Jan 16 9:00am -  12:30pm -  Cradle to Grave – 6 Ethics Watersheds Over the Life of Client Files,  Minnesota CLE Conference Center 11:30am -  12:30pm -  New Lawyers | Section Meeting - HCBA Offices (HCBA) 12:00pm -  1:00pm ...
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Minnesota NAELA Chapter

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Dear Section Members: If you are a member of the National Academy of Elder Law Attorneys (NAELA) and interested in joining the new Minnesota Chapter, please join us at our initial Minnesota chapter meeting!  If you are not yet a NAELA member, but have been on the fence, now is the time to join!  We look forward to working closely with other NAELA Minnesota members to promote elder law advocacy, lobby for legislative changes, provide CLE and educational resources for members, and for networking opportunities within the state! Initial MN NAELA Chapter Meeting January 18, 2018 3:00 p.m. The meeting will be held at: Chestnut Cambronne PA 17 Washington ...
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This week, the Minnesota Opera co-hosts a free event at Mitchell Hamline on 1/10:  Justice, Redemption, and Empathy: The Opera of Dead Man Walking . Interestingly, I haven't seen marketing material promote CLE credits but the Board's website has it approved for 1 standard credit (event code: 251448). There's loads of of other interesting events happening this week. I count 35 MN legal events.  The MSBA Computer and Tech Section holds a roundtable tomorrow on data analytics and the Minnesota judiciary . True geeks can check out MN County Attorney's Association overview of statutory construction on Wednesday.  Search and view the full calendar here .  ...
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MSBA ELDER LAW SECTION E-NEWSLETTER December 4, 2017   Vol. 9, No. 36 E-Newsletter Editorial Staff: Communications Committee Chair:  Rachel Schromen Editor in Chief:  Emily Flesch Web Editor: Bridget-Michaele Reischl Contributors:  Julian Zweber NEWSLETTER HIGHLIGHTS Sponsored by the Elder Law Section:   Working with Muslim and Somali Clients: A CLE on Islamic Wills and Cultural Competency with Somali Clients There are more Somali immigrants in Minnesota than in any other state.  The number of Somali attorneys is growing, but is still very small (for the time being). There is a burgeoning need for culturally ...
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MSBA ELDER LAW SECTION E-NEWSLETTER November 6, 2017 Vol. 9, No. 35 E-Newsletter Editorial Staff: Communications Committee Chair: Rachel Schromen Editor in Chief: Emily Flesch Web Editor: Bridget-Michaele Reischl Contributors: Adam Rohne, Julian Zweber, Jennifer Wright NEWSLETTER HIGHLIGHTS 2017 Elder Law Institute Awards: Julian Zweber was inducted into the Elder Law Hall of Fame. Sue Sandahl received the Mary Alice Gooderl award. Photo credit: Laura Orr EVENTS SCHEDULED IN THE NEXT MONTH ADVOCACY SUPPORT COMMITTEE November 29, 2017 at 3:30 p.m. The Advocacy Support Committee will meet the offices of Long, Reher, Hanson & Price. Phone participation ...
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This blog is a slightly expanded version of an article first published in Minnesota Lawyer, November 17, 2017.  The expansion is based in part on documents filed in the Minnesota Supreme Court in 1989, relating to the petition to adopt Rule 8.4(g), relating to harassment.  I thank Charles Lundberg for providing these documents.  The other expansion is based on my memory of the procedural history of In re Peters, 428 N.W. 2d 375 (Minn. 1988).  That history was too technical and lengthy, and depended too much on memory, for inclusion in the original article.  Sexual harassment is big news these days, especially in workplaces such as the entertainment industry, ...
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​ DAVID K. PORTER LAWYER 5208 Bloomington Avenue Minneapolis, Minnesota 55417-1820 email: Probater@Earthlink.net (612)722-1001 MSB A Board Certified Real Property Law Specialist Lake Cabins in Winter The purchase, ownership, and use of lake cabins requires special familiarity with legal title, zoning, setback, property line, building code, shoreline, easement, access, and most especially septic system requirements. Each and all of these issues have characteristics that are different from the expectations involved in the purchase and use of residential urban property. It is also important to know there is usually ...
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​ Rights in Grain When Warehouses Fail by Jacob T. Merkel Local grain warehouses are essential to Minnesota agriculture. They allow farmers to store their grain for later use or until prices are favorable, and some farmers even view stored grain like a savings or retirement account. Warehouses must maintain the quantity and quality of the grain farmers have stored, and their failure to do so may have catastrophic effects on farms they serve. This article discusses a legal ambiguity that the state legislature should resolve to better protect farmers’ interest in their stored property. Specifically, Minnesota should follow other states in specifying ...
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MSBA ELDER LAW SECTION E-NEWSLETTER October 2, 2017   Vol. 9, No. 34 E-Newsletter Editorial Staff: Communications Committee Chair:  Rachel Schromen Editor in Chief:  Emily Flesch Web Editor: Bridget-Michaele Reischl Contributors: Rachel Schromen, Julian Zweber, Laura Orr   NEWSLETTER HIGHLIGHTS   2017 Elder Law Institute   The 2017 Elder Law Institute is scheduled for October 12 and 13, 2017.   Registration is now open on Minnesota CLE’s website .   CLE: Financial Exploitation and Elder Abuse: Mom Says She’s “Fine” but the Stash of Money in her Coffee Can is Gone. A discussion of the elements ...
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I count 31 MN Legal events this week (not including the events that occurred today prior to this post). Search/view the full calendar here . It's an IP-rich week. The 2017 Midwest IP Institute is this week at Minnesota CLE. Plus, PTAB and TTAB proceedings take place at the University of MN this week . The 4 free(?) CLE credits include tips from judges and advocates. Monday  Sep 25, 2017 8:55am - 12:15pm “Flight School”: Risk Management & Ethics for In-House Counsel   - Minnesota CLE Conference Center 600 Nicollet Mall # 370 3rd Floor, City Center Minneapolis, MN 55402 12:00pm - 12:45pm HCBA Yoga Club ...
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This week I count 31 legal events. The full calendar is here .  Here are this week's events: ________ Tuesday  Sep 19, 2017 9:00am - 4:30pm Starting a Business in Minnesota: Choice of Entity, Capital & Financing, Social Enterprise, and More   - Minnesota CLE Conference Center 600 Nicollet Mall # 370 3rd Floor, City Center Minneapolis, MN 55402 11:30am - 12:30pm New Lawyers | Section Meeting   - HCBA Offices 12:00pm - 1:00pm Real Estate Section: Real Estate Legislative Update   - First National Bank Building Training Room, 332 Minnesota Street, St. Paul, MN 55101   (Ramsey County Bar ...
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MSBA ELDER LAW SECTION E-NEWSLETTER September 11, 2017   Vol. 9, No. 33 E-Newsletter Editorial Staff: Communications Committee Chair:  Rachel Schromen Editor in Chief:  Emily Flesch Web Editor: Bridget-Michaele Reischl Contributors: Rachel Schromen, Julian Zweber, Joel Smith    NEWSLETTER HIGHLIGHTS   Disclosure Requirement for Providers of “Veterans Benefits Services” Effective August 1, 2017, you can face a $1,000 civil penalty for providing a paying client advice about veterans benefits without having the client first sign a written disclosure form . Don’t miss Mary Frances Price’s piece in the Statutes, ...
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A criminal defense attorney, William Bulmer, was recently suspended for three years — twice the discipline recommended in the stipulation that he and the Office of Lawyers Professional Responsibility filed with the Minnesota Supreme Court. In re Bulmer , File No. A17-0299, (Minn. July 20, 2017). Could Bulmer have done anything to improve the odds the stipulation would have been accepted? What lessons should other lawyers learn from the case? The questions are important because discipline orders after stipulations have become the most common way of resolving serious discipline cases.   Bulmer could not deny his pattern of sexual misconduct. Bulmer had ...
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I count only 7 legal events but this does not include events related to the start of the law school year. Mitchell Hamline gets started early. Orientation begins today. Our president, Sonia Miller-Van Oort will be speaking at this evening's reception. If you'd like to promote an opportunity for a student (research, writing, etc.) or you are trying to connect with students in any way, you may contact @Nancy Mischel ( nmischel@mnbar.org ) or @Michael Carlson ( mcarlson@mnbar.org ). We can help you connect with our student members. Also, remember that all students are members of the New Lawyers Section .   Here are just a few of the times we'll be on campus ...
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MSBA ELDER LAW SECTION E-NEWSLETTER August 1, 2017   Vol. 9, No. 32 E-Newsletter Editorial Staff: Communications Committee Chair:  Rachel Schromen Editor in Chief:  Emily Flesch Web Editor: Bridget-Michaele Reischl Contributors: Rachel Schromen, Julian Zweber, Joel Smith    NEWSLETTER HIGHLIGHTS Call for Members!   The MSBA Elder Law section is open for new members! We welcome experienced practitioners, new lawyers, and law students alike to join our community. Current section members are encouraged to invite those with an interest in Elder Law to join us. Interested? Connect with us online.   ...
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I count 14 MN legal events this week. On Thursday, Nilan Johnson Lewis hosts the Minnesota Paralegal Association. Ben Hiltner will cover some Excel basics; auto sums, cell references, and pivot tables. No CLE or other credits are offered (that I'm aware of...) and you bring your own lunch but the non-member price is just $10. That's worth it. Get up to speed on a functions every lawyer should know. If you're feeling sheepish about joining a 'basics' lecture, see Casey Flaherty's old post at 3 Geeks  for a little inspiration.  Search and view the full calendar here . Here are this week's events: Week 30: Mon Jul 24 - Sat Jul 29 ...
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This week, I count 26 Minnesota legal events including today's naturalization ceremonies taking place at the UMN. View and search the full calendar here . Here's the list of this week's events: Week 29: Mon Jul 17 - Sat Jul 22 Sun Jul 16 7:30am - Tue Jul 18 8:30am NDAA: Annual Summer Summit  - 1001 Marquette Avenue Minneapolis, Minnesota Mon Jul 17 10am - 4pm Naturalization Ceremonies  - 229 19th Ave S, Minneapolis, MN 55455 Tue Jul 18 9am - 4:30pm The Art of Legal Argument  - Minnesota ...
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MSBA ELDER LAW SECTION E-NEWSLETTER July 3, 2017   Vol. 9, No. 31 E-Newsletter Editorial Staff: Communications Committee Chair:  Rachel Schromen Editor in Chief:  Emily Flesch Web Editor: Bridget-Michaele Reischl Contributors: Rachel Schromen, Julian Zweber, Emily Flesch, Laura Orr      NEWSLETTER HIGHLIGHTS A Note from the Section Chairperson After the Elder Law Section's annual meeting adjourned on Friday, June 23, I called to order the first meeting of the 2017-18 section governing council. Having benefitted from knowing many of our section’s hard-working, committed, and talented members, I view it as a great ...
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