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Motorcycle accidents are a tragic occurrence in one’s life and also one of the most difficult litigation cases. That’s because motorcycle accident injuries are unique and often come with a lot of contributing factors to the accident.  A lot of motorcyclists have the belief that the legal system is way harsher towards them because of how motorcycles are perceived in society, therefore they get a harder time in court when it comes to accident litigation.  This is why it’s important for motorcycle accident victims to know their rights so that they can exercise them should they ever find themselves in this unfortunate position.  Here are a few tips that you ...
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There are several ways in which you can prevent a car accident, but the truth is that it happens when you least expect the most. After a car accident, you might feel dizzy, stressed, angry, and scared because of the adrenaline. You feel like now’s the moment to shed all your fury on the other driver, but luckily, you’re reading this article, so you’ll know what to do in this kind of situation. The first and most important thing to do is to remain calm and not leave the scene of the accident. Even though you might feel that the injuries were minor, you’re legally obligated to wait there until the police and the ambulance arrives. Here are the most important things ...
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While being a lawyer who practices all sorts of law can be interesting, it can limit how much you earn as you can’t charge top-dollar if you aren’t a specialist. Being a specialist makes it easier for you to pitch to clients as many will come to you with specific problems and ask you questions expecting satisfactory answers. Specializing in one field is interesting as it can help you establish yourself as an authority on a particular matter in the field you’ll choose. If you want to pursue a career in law, you need to start finding out which fields in law are in demand to ensure a stable career after specializing. Family law The big reason family law ...
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Were you hurt in a road accident and you were not at fault? You’ll need to understand what a car/truck accident lawyer does and how they can help you by handling your case.  If you’ve been involved in a road accident caused by someone else, you should definitely hire a lawyer to help you get the financial compensation you deserve.  There are so many things that go wrong in a car accident from getting hurt to getting your vehicle damaged. Both medical bills for your treatment and fixing your vehicle can cost a lot of money, which you mustn’t pay for since you were not at fault. So, you must file for compensation. Now, you’re likely already having a difficult ...
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The COVID-19 crisis has affected everyone whether financially, socially, or health-wise. It continues to transform our world and it’ll certainly leave its mark on our economy once it’s all over.  But, if there’s one thing that’s more difficult than ever it’s managing personal finances in a world with rapidly changing external forces.  The future has become near impossible to predict, making it difficult to plan for the long-term.  The good news is there are still a few things that you can control to keep your firm and your own personal finances in order and maybe even improve your financial situation.  Lower the Cost of Car Insurance Vehicle ...
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Spouses who want a divorce may wonder what happens to the assets they own together. Matrimonial assets are described as the financial product of the common endeavour of both parties and the largest, especially after a lengthy marriage, are usually the matrimonial home and pension provision.  In the U.K, the starting point for dividing assets is   a 50/50 split   but the financial settlement is not set in stone and is different in each case depending upon the needs and circumstances of each party.  An uncontested divorce Both spouses will need to list all the assets they own jointly or individually as well as their debts. If they can amicably decide ...
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The law requires stores and other places of business like restaurants, hotels, bars, gyms and stadiums to make sure that patrons are safe. Patrons may fall on the premises for various reasons, such as a slippery wet floor or an obstruction in a walkway. If an individual is injured due to negligence, legal avenues are available to obtain compensation.  Several common injuries are associated with   slip and fall accidents   and compensation is awarded for different categories of injuries. This may include medical bills, lost wages, pain and suffering and more.  What determines the outcome? The outcome of a slip and fall case revolves around three issues: ...
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Based on how many students are applying to law school, it is evident that this is a growing career field. There is an increasing demand for legal professionals, unlike other career fields where job opportunities are dwindling. While your legal career might not hold the same glamor as the characters you see in films and TV shows, it offers you a unique opportunity to make a difference for your clients. Here are some of the reasons you should consider a career in law: Job availability With lawyers involved in many aspects of individual and business clients’ activities, there are various job opportunities in the legal field. If you do not want ...
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Do you find yourself interested in current affairs and what’s going on in the news? Socio-economic situations in your country and around the world interest you but you don’t have a calling to be a politician or a leader of your country. And so you skipped past the political science table at your college open day.    A qualification in political science does not mean that you are headed for a career in politics. Here are five areas a degree in political science can take you to.    Legal   A political science degree is incredibly complementary to a law degree or qualification. If law is something you’re interested in practicing, consider ...
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What could possibly happen in the midst of a global pandemic, when all the courts are closed? Well, if you filed a personal injury lawsuit and are eagerly awaiting the outcome, you will be in for a disappointment. The COVID-19 pandemic has taken its toll on litigation activity. More exactly, activity is down for the time being. Lawyers have been obligated to work through stricter guidelines so as to limit the exposure of the new disease. Adapting to the new measures has been anything but easy. The legal system, which represents an essential service, is now something of a luxury. Lawyers and judges are working remotely Courts worldwide have imposed new ...
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To say the least, getting behind the wheel of a car while intoxicated is never a good idea. Although you might think that you are still capable of driving while under the influence, your reaction time is significantly hampered.  When one gets into an accident while drunk, the injuries you can sustain varies greatly. In some cases, the injuries are far worse than if you would have been in the accident while sober.  The main reason behind this is because your body would have better braced for impact as opposed to your drunken state. Here are the most common injuries that one can expect from driving while intoxicated.  Regular whiplash Of all the ...
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[Originally published in Minnesota Lawyer, September 22, 2020] Does your law office have in place policies and training programs for implementing the main ethics rules? Does the training also include knowledge management as to the law governing your firm's practice? Do the forms your office uses comply with current rules? These questions are timely, and indeed urgent, because of two recent discipline cases and increasing enforcement by the Office of Lawyers Professional Responsibility (OLPR). The first case is the Sept. 11, 2020, disbarment of Thomas Pertler, former Carlton County Attorney. 1 Pertler intentionally and repeatedly failed to disclose to criminal ...
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A good credit history has a number of benefits. It can help you obtain a mortgage for your home, an auto loan and better interest rates on insurance and loans. Credit scores may even be used by employers when vetting job candidates.  The lower your credit score, the more interest you pay on loans and you may not even be able to get a loan at all. There are several very good reasons why you cannot afford to ignore your credit score.  Cash is not always your best option You may have a good job with a regular salary and yet you haven’t built up a credit history . Your philosophy may be to use cash wherever possible and not have any debt.  ...
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BANKRUPTCY BULLETIN Contributing Editor: Christopher (C.J.) Harayda , Faegre Drinker In Waltrip v. Sawyers (In re Sawyers), 609 B.R. 331 (BAP 8th Cir. 2019) , the Eighth Circuit BAP affirmed a grant of summary judgment as not clearly erroneous when the bankruptcy court held that a judicial lien could be avoided based on the value of the debtor’s homestead as of the petition date and that the value of the property should not be enhanced by the amount of insurance proceeds received by the debtor due to destruction by a prepetition fire. The appellant had a judicial lien on the debtor's primary place of residence prepetition for more than $250,000. The residence ...
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A lot of attorneys don't know this but there really is a government sponsored debt consolidation plan. Under Title 11 of the US Code you can find Chapter 13 Bankruptcy. Chapter 13 Bankruptcy is a government sponsored debt consolidation plan. Now, if they really called Chapter 13 Bankruptcy a "government sponsored debt consolidation plan" no Minnesotan would ever choose to do anything but a Chapter 13 Bankruptcy . You see, traditional debt consolidation plans have short comings that a Chapter 13 Bankruptcy doesn't have. First, in most traditional debt consolidation plans, you have to pay all your creditors in full. Second, whatever debt does not get paid off ...
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[This blog originally appeared as an article in the July 2020 Bench & Bar of Minnesota.  Added near the end of the article is a paragraph describing a Minnesota Supreme Court discipline case decided July 1, 2020.] Who in your law firm is responsible for adopting and updating policies and procedures on legal ethics matters? Who is responsible for training lawyers and staff on these matters? Must your firm audit its own files and procedures to reasonably ensure compliance with the ethics rules? What are the areas of law firm operation that are important for ethics scrutiny? Lawyers who manage law firms and law offices should be asking these questions. ...
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On June 3, 2020, the ancient doctrine of champerty was abolished in Minnesota. [i]   Champerty’s life span was 123 years in Minnesota, but champerty’s lineage extended to medieval England, and even to ancient Rome and Greece. [ii]   Although Minnesota applied the law of champerty in four cases between 1897 and 1932, for many decades the doctrine lay dormant, except for one Court of Appeals case. [iii]   Faint vestiges of champerty, and its common law cousins maintenance and barratry, survive in the Rules of Professional Conduct. Champerty is, “an agreement to divide litigation proceeds between the owner of the litigated claim and a party unrelated to ...
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Sometimes a client, having retained attorney A on a contingent fee agreement, discharges A and retains B, from another law firm, on a contingent fee agreement.  Attorney A will normally claim entitlement to a portion of any recovery made by the client.  ABA Formal Opinion 487 (2019), titled, “Payment to Prior Counsel of Portion of Contingent Fee,” addresses successor counsel’s ethics duties.  Op. 487 explains that Rule 1.5(e) does not apply, because that rule governs fee-sharing between lawyers who work together on a matter, not fees of successive counsel.  Op. 487 notes that if successor counsel’s fees are disputed, Rule 1.15 may require the disputed portion ...
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A familiar legal ethics maxim is, “We all make mistakes.  What matters is what we do next.”  All too many attorneys have turned manageable problems into catastrophes by refusing to recognize errors or trying to cover them up.  Other attorneys have corrected the errors, but failed to correct a system’s deficiency that helped cause the error. The Office of Lawyers Professional Responsibility has provided a model for recognizing and correcting errors.  On January 24, 2020, OLPR filed a motion asking the Minnesota Supreme Court to correct a disciplinary order by deleting findings that a lawyer had violated Rules 3.7(a) (the advocate-witness rule) and 4.3(d) (no ...
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New ABA Formal Opinion 19-489 is titled, “Obligations Related to Notice When Lawyers Change Firms.”  Op. 489 discusses obligations, of both law firms and departing lawyers, to treat each other fairly, and to put client interests first.  The opinion also discusses the departing lawyer’s obligations to give departure notices to clients and the firm.  Op. 489 is part of the ABA’s ongoing effort to make law firm departures more orderly.  Op. 489 has two problems.  It is sometimes more bully pulpit than clear interpretation of the Rules of Professional Conduct.  And it is not always clear about the interaction of ethics rules with the laws of fiduciary duty, partnership, ...
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