Risky Business: Writing Your Own Legal Documents Can Be Costly
May 6, 2010 | Barna, Guzy & Steffen, Ltd.by Thomas P. Malone Spring 2006 A client recently presented me with a document in which he had written that his employment with his corporation, which he had founded, was “at will”. He was shocked to learn this meant his corporation could fire him at will. He thought it meant he could leave whenever he wanted but he could also stay with the company for as long as he wished. Another client filed and served a Mechanic’s Lien (giving those who work on real estate a lien on that property for the value of their labor and materials) which included required language about subcontractors, but also added additional language which in essence gave the homeowner an argument that the company providing the work was not the company filing the lien. Both of these examples represent the kind of problems that can arise when people attempt to draft their own legal documents. Many people, in order to avoid legal fees, use so-called “forms” sold by commercial firms. The irony is that in so doing, they may end up costing themselves far more than they were trying to save. Lawyers can be expensive. No one knows that more than we who practice law and bill clients for our services. The modern American business environment, however,…
Read MoreNo Texting While Driving Minnesota Statute
May 6, 2010 | John T. BuchmanMinnesota Statute 169.475 makes it illegal and subjects the violator to a fine and possible jail sentence for texting, emailing, accessing a web page, or similar actions. A driver can still make a phone call or use a hands free communication device. The statute reads in part, “no person may operate a motor vehicle while using a wireless communication device to compose, read or send an electronic message, when the vehicle is in motion or a part of traffic.” There are exceptions for emergency circumstances.
Read MoreThe 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…
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