The Nature of Appeals
March 4, 2010 | Barna, Guzy & Steffen, Ltd.by Thomas P. Malone Summer 2009 In Brief Newsletter So, the long hard battle of the law suit, which you thought would never end, is finally over. It’s time to put that chapter behind you and get on with your life. Right? Not so fast. You may be shocked to learn the other side has filed an appeal and you have a year or so of lawyers, courts and judges ahead of you. The good news? Appeals are very different from trial court level lawsuits and do not involve the parties at all. Further, there is no more of the interminable discovery to endure, and pay for. Appeals are for the lawyers to fight, not the parties. Now for the “bad” news: appeals are time consuming, expensive and may change a victory into defeat. Appeals to the Court of Appeals are a matter of right for an aggrieved litigant. Any party who does not like the outcome of the trial is entitled to appeal…if they do it right and on time. The rules of appeals are arcane and rigid. They must be followed to the letter or the appeal may be dismissed. Generally, the appeal must be “perfected” within 60 days of the Order or Judgment from which the appeal is taken. Once…
Read MoreThe Mediation Option
March 3, 2010 | Scott M. LepakAs a law firm that started during the great depression of the 1930’s, Barna, Guzy & Steffen understands that innovation is the key to success for a law firm. As the economy places great stress on businesses and individuals, Barna, Guzy & Steffen offers services that are designed to allow legal matters to be addressed in a more efficient and cost effective manner. One example is mediation. Civil matters filed with the courts now must utilize an alternative dispute resolution process prior to going to trial. Mediation is, by far, the most common form of alternative dispute resolution. Family law cases strongly encourage mediation prior to a court case. Unlike binding arbitration, mediation is not a final decision imposed on the parties. Mediation is binding only if the parties reach an agreement at the end of the process that they choose to make binding. While anyone can be a mediator, only individuals with special training are qualified neutrals. Qualified neutrals, also called qualified neutrals under Rule 114 of the Minnesota General Rules of Practice, may act as neutrals in court-referred cases and are subject to their own ethics board. At Barna, Guzy & Steffen, the qualified neutrals under Rule 114 of the Minnesota General Rules of Practice, are also practicing attorneys. They utilize…
Read MoreYou and Your Credit Report
March 3, 2010 | Barna, Guzy & Steffen, Ltd.By Susan E. Sheely Spring 2009 In Brief Newsletter Chances are you regularly find your mailbox overflowing with envelopes promising fast and easy “pre-approved” credit. Although they are designed to tempt the credit consumer, often they tempt the identity thief instead. “New Account” fraud occurs when a thief obtains another person’s identifying information and uses that information to open new credit accounts in that person’s name. The thief runs up balances on the accounts and then fails to pay the bills. But, because the accounts were opened in the name of the victim, it is the victim, not the thief, who bears the brunt of the resulting collection actions. The resulting damage to a victim’s credit report can take months, even years, to repair. What can you do to protect yourself from this type of fraud? First and foremost, check your credit report regularly. Although there are many companies who advertise credit monitoring for a fee, consumers are entitled to receive one free credit report from each of the three major credit reporting agencies each year. The three major reporting agencies are: TransUnion, Equifax and Experian. Checking your credit report regularly allows you to quickly identify errors or unauthorized activity and report those matters to the appropriate agency. More information on obtaining your…
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