BARRISTER SEPTEMBER 2014 VOLUME 26 Issue 7

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1 BARRISTER SEPTEMBER 2014 VOLUME 26 Issue 7 INSIDE THIS ISSUE 2 President s Page - Veterans in Our Midst Sidebar 3 Judge Profile: Judge Jeffrey Bryan Job Shadow Volunteers Needed Two RCBA Members Appointed to Judicial Positions 4 September CLE Opportunities 5 October CLE Opportunities CLE Season Pass New Lawyers Happy Hour 6 Charity Golf Tournament Solo Small Firm Section 7 Upcoming Events Families First Foundation to Award Grants That Will Benefit Women BENCH & BAR BENEFIT Show Your Commitment to the Community! Attend, sponsor, or contribute an item to the live or silent auction. SATURDAY, November 1 Crowne Plaza Hotel 11 East Kellogg Boulevard, Saint Paul 5:30 p.m. Cocktail Reception and Silent Auction 7:00 p.m. Dinner Pro Bono Awards and Live Auction Following Dinner Proceeds benefit the Ramsey County Bar Foundation Tickets are $85 each or two for $150 Add $5 per ticket for registrations received after October 17 Table reservations are available for $750 Seating for 10 includes a sign with your organization s name Join current sponsors: 3M; Anastasi Jellum, PA; Briggs and Morgan, PA; Collins, Buckley, Sauntry & Haugh, PLLP; Dorsey & Whitney LLP; Godfrey & Ashley; Gray Plant Mooty, LLP; Landmark Environmental, LLC; Larson King, LLP; Leonard, O Brien, Spencer, Gale and Sayre, Ltd; Metro Legal; Mairs & Power; Murnane Brandt; Stoel Rives LLP; Tuft & Lach, PLLC Sponsorship Opportunities from $350 to $7500 Donations are needed for both the live and silent auctions and Wall of Wine. Register online today at or use the registration form on page 7.

2 THE PRESIDENT S PAGE VETERANS IN OUR MIDST RCBA President Tom Plunkett In 2006, I retired from the Minnesota National Guard as JAG Officer. We were preparing for our first deployments to Iraq, and part of my job was assisting war bound soldiers draft their last will and testament. This solemn duty left me with great respect for the soldiers I served and led me to continue volunteering for veterans causes. This President s Page will highlight veterans in our legal community who are helping fellow veterans. Tom Hagen (AKA Lt. Col. Hagen) deployed to Bosnia in 2003 and Iraq in 2006 and His daughter was less than a year old with complex medical issues when Tom deployed to Bosnia. He spent three of the next nine years away from home. Tom notes that Nyla, his spouse, did the hard part - being a financial advisor at Edward Jones in Waseca and managing a special needs daughter and two other kids under age 10. Tom currently works at the law firm of Bradley Hagen & Gullikson in Woodbury and Waseca. His practice focuses on VA disability appeals. Each case is an examination of military history and forensics. Tom s clients often served 40 to 50 years ago, so finding records and connecting the dots to help them have a better life is daunting. Tom also volunteers at the American Legion and VFW as his Post Service Officer. Evan Tsai, (Formerly Corporal Tsai) is an Assistant Ramsey County Public Defender who served in the Marine Corps as an Infantryman and later in the Air Wing from 1994 to Being a Marine influenced Evan s choice to work in public service. The Marines instilled a love for his country and the people that make up that country. The Corps prides itself in celebrating their diversity by making everyone the same. Evan Tsai represents all veterans in the Ramsey County Veteran s Court. This service is in addition to handling a case load of serious felony offenses. If you are a veteran in the Ramsey County Court System, Evan is your voice. A very loud Marine Corps voice. Joseph Kelly (AKA Captain Kelly) is an Infantry Officer in The Minnesota National Guard, a qualified Army Ranger and recently graduated the Pathfinder School. (At D-Day 300 pathfinders jumped in before the first wave of troops). Joe deployed to the Middle East where he operated in several countries over roughly a year. The hardest part for Joe about being deployed was life was going on at home, and not being a part of it. This was magnified by not being able to talk about his work with his spouse while they were separated. Part of Joe s practice is helping veterans with employment issues. In the course of this largely volunteer activity, Joe realized that some government entities were misapplying a clause in the Veteran s Preference Act to the detriment of soldiers. Joe took this to the court of appeals and is lobbying to change the law to protect veterans. Joe works at Kelly and Lemmons in Little Canada. A thanks to these lawyers and other lawyers who are helping our veterans. SIDEBAR: MEET THE NEW JUDGES [n. (-BÄR ) A discussion at the bench bar between the lawyers and the judge, conducted outside the hearing of the jury.] Meet honored guests, new Ramsey County Judges, Jennifer L. Frisch & Thomas A. Gilligan, Jr. TUESDAY, October 21 5:00-7:00 pm Pazzaluna Urban Italian Restaurant 360 Saint Peter Street, Saint Paul Hors d oeuvres and one free drink ticket For questions, contact Brianna at or brianna@ramseybar.org 2 RCBA BARRISTER SEPTEMBER 2014

3 JUDGE PROFILE JUDGE JEFFREY BRYAN by Jennifer L. Young, Attorney, Larson King, LLP Since his appointment to the Ramsey County Bench in August 2013, Judge Jeffrey Bryan has enjoyed a front-row seat, from which he has seen many good attorneys advocating for their clients and trying to work out solutions to difficult problems. This experience, and the supportive camaraderie from the rest of the bench, has made the first year as a judge a positive one. From a young age, Judge Bryan enjoyed the critical exchange of ideas and expressing himself in front of an audience. His parents, both college debaters, sparked his interest in debate; his uncle, who served as a Federal Magistrate Judge for the District of New Mexico, introduced Judge Bryan to the legal profession. In college at the University of Texas at Austin, Judge Bryan focused on Latin American Studies, earning a Bachelor s Degree in both Government and History and graduating with Highest Honors. Judge Bryan matriculated to Yale Law School, where he met his wife, Liz Kramer, third generation Ramsey County resident and a shareholder at Stinson Leonard Street. Judge Bryan brings a unique mix of civil and criminal experience to the Ramsey County Bench. After clerking for Judge Magnuson in the District of Minnesota, Judge Bryan moved to a private practice. As a litigator at the law firm of Robins, Kaplan, Miller & Ciresi, he specialized in complex civil litigation, including antitrust cases, intellectual property disputes, and employment discrimination litigation. With his appointment as Assistant U.S. Attorney in 2007, his focus turned to criminal law. In this position, Judge Bryan received the National Case of the Year Award in 2012 from the Department of Justice for his drug trafficking prosecutions. Judge Bryan views his appointment to the bench as an opportunity to make a positive impact in Ramsey County. As a judge, he enjoys working with attorneys to find resolutions that fairly address the unique circumstances and needs of the people appearing before him. And he has embraced the new opportunities for community involvement, joining the boards of Criminal Defense Services, Inc., which provides reduced rate legal services for criminal defendants, and of the Urban Debate League. Off the bench, Judge Bryan is a husband and the father of two young children. He is active in his church, and plays competitive soccer several times a week. Attorneys and parties appearing in front of Judge Bryan can expect him to be prepared, engaged, and committed to applying the law in a fair and just way. PLACEMENT SERVICE We match qualified, screened and tested support staff applicants with law offices at lower rates than for-profit placement agencies. See or contact Barb Crassweller, Placement Service Director (651) barb@ramseybar.org JOB SHADOW Volunteers Needed The RCBA is sponsoring a job shadow program for Hamline University School of Law students during the school s fall break, October 15-17, Please consider volunteering to have a law student shadow you for a few hours as you work in the office, go to court, or talk with colleagues. Lawyers from all size firms or public agencies, prosecutors, public defenders and corporate are all needed. To volunteer, please contact Cheryl Dalby at Cheryl@ramseybar.org or Please indicate which dates you are available and what area of law you practice. MEMBER NEWS Two RCBA Members Appointed to Judicial Positions Governor Mark Dayton recently announced the appointment of Mr. Thomas A. Gilligan, Jr., of the Saint Paul firm Murnane Brandt, as District Court Judge in Minnesota s Second Judicial District and the appointment of Mr. Juan G. Hoyos of the Ramsey County Attorney s Office, as District Court Judge in Minnesota s Fourth Judicial District. GET INVOLVED Sign Up for a Committee or Free Section Participating in a committee or section is both a rewarding experience and a great way to socialize with fellow members. It s a chance to make a difference while having a good time. Now is the time for you to become more actively involved by joining one of our many committees or sections. For more information, please visit Contact RCBA Executive Director, Cheryl Dalby at cheryl@ramseybar. org if you have any questions. RCBA BARRISTER SEPTEMBER

4 SEPTEMBER CLE OPPORTUNITIES Location: First National Bank Bldg Training Room, 332 Minnesota Street, St. Paul, unless otherwise noted. Please visit for more information. Trusts & Estates Section: Long-Term Care Insurance Denials: What to Do When a Denial Becomes a Dispute September 11 12:00-1:00 p.m. Presenter: Elizabeth I. Wrobel, Wrobel & Smith, PLLP LTC Claims are often left to adult children. Claims denials may appear facially reasonable, even though contrary to policy language and the law. Benefits attorney Elizabeth Wrobel walks through two sample LTC benefit disputes, including relevant LTC insurance policy language, applicable state laws and providing suggested strategies for resolution. Teleconference & On-Demand Cost: $25 RCBA members: $35 non-members 1 Standard Credit approved The State of the Fourth Amendment in the Age of Edward Snowden: Bonus Session September 12 12:30 2:00 p.m. Presenter: Catherine Turner, Attorney at Law What is privacy in this modern age and what are its boundaries? Discuss the history and evolution of the 4th Amendment, and current boundaries of the Government s right to intrusion of our privacy. From NSA to Supreme Court, what does the 4th Amendment now protect? What is a reasonable search and seizure? Edward Snowden disclosures, recent/relevant Minnesota and Supreme Court cases. Location: Room 40, Ramsey County District Courthouse, 15 West Kellogg Blvd., St. Paul Cost (includes lunch): $40 RCBA members; $55 non-members Teleconference or On-Demand Cost: $45 RCBA members: $60 non-members 1.5 Standard Credits approved Real Estate Section: Planning for the Family Cabin: Trust, LLC or Let the Kids Work It Out September 16 12:00 1:00 p.m. Presenter: Michael P. Tierney, Murnane Brandt Often the family cabin is the most cherished asset in a parent s estate and preserving it for the next generation takes on the highest priority. Issues from transfer of the family cabin to the next generation. Exploration of ways to preserve, control and protect the property through the use of a cabin trust or LLC. Teleconference and On-Demand Cost: $25 RCBA members: $35 non-members 1 Standard Credit approved Family Law Section: Child Support and Extracurricular Expenses - Who Should Pay for the Hockey Stick? September 17 12:00-1:00 p.m. Presenters: Victoria Elsmore, Linnan & Elsmore Child support rarely covers the sometimes exorbitant cost of children s sports and activities. Discussion of what terms to thoroughly define for clients, what areas of the decree to flesh out, to ease future disputes. Commonly used language in decrees often lack in the specific details needed to reduce or remove ongoing conflict. What discussions to have regarding child support and extra-curricular activities to reduce this foreseeable post decree issue? Teleconference or On-Demand Cost: $25 RCBA members; $35 non-members 1 Standard Credit approved Conflicts about Capacity - Perspectives from Legal and Social Services Professionals September 17 3:00-5:00 p.m. Presenters: Susie King, Monroe Moxness Berg; Joyce Konczyk, Care Management and Consultation at Volunteers of America Minnesota While discussing the varying levels of capacity needed to execute certain legal documents, this presentation will explore both legal and non-legal conflict resolution options when dealing with clients and their loved ones in addressing issues arising as a result of the client s diminished or lack of capacity. Cost: $35 RCBA members; $50 non-members Teleconference or On-Demand Cost: $50 RCBA members; $70 non-members 2 Standard Credits approved A Legal Guide to Privacy September 19 12:30-2:00 p.m. Presenter: Michael Cohen, Gray Plant Mooty Navigate through the multiple state, federal, and international laws and challenges for a lawyer advising businesses and organizations relative to data privacy and security. Michael Cohen is a Certified Information Privacy Professional CIPP/US and the author, in collaboration with the Minnesota Department of Employment and Economic Development, of A Legal Guide to Privacy. Attendees (in-person at the CLE) will receive a free copy of the Guide. Cost (includes lunch): $40 RCBA members; $55 non-members Teleconference or On-Demand Cost: $45 RCBA members: $60 non-members 1.5 Standard Credits approved WEBINARS All webinars are from noon to 1:00 p.m. Registration is from 11:45 a.m. to noon. Cost: $25 for RCBA members; $35 for non-members Location: Office, home, wherever you are! Teleconference option is also available for all webinars, at the same cost as the webinar access. Instructions for accessing the CLE will be sent via , after you register. Law students may attend for the member price ($30), by sending an to info@ramseybar.org or calling Webinar: Tax Considerations for Trusts as S Corporation Shareholders September 22 12:00-1:00 p.m. Presenter: Thomas J. Doyle, Felhaber Larson An overview of investment income tax and select other income tax considerations when a trust owns S corporation shares. 1 Standard credit approved 4 RCBA BARRISTER SEPTEMBER 2014

5 OCTOBER 2014 CLE Opportunities October 9 Trusts & Estates Section: Medical Assistance for the Unwary RCBA CLE SEASON PASS ONE PASS - ANY FORMAT Attend RCBA CLEs in any format at discounted rates - in-person, teleconference, via webinar or on demand. One hour, two hour, or three hour CLEs each count as one CLE with the pass. Save hundreds of dollars and attend high quality, convenient CLEs. October 21 Real Estate Section: Foreclosure Law Updates October 22 Family Law Section: Parenting Assessments in Child Custody Situations October 22 Cleaning the Slate Eviction Expungements for Beginners October 23 Solo Small Firm Section: Criminal Expungements October 24 Medical Cannabis in Minnesota: Law and Policy SEASON PASS OPTIONS MEMBER LIMITED SEASON PASS only $180 Choose any 10 RCBA CLEs between September 2014 and June 2015 MEMBER UNLIMITED SEASON PASS only $430 Attend as many RCBA CLEs as you like between September 2014 and June 2015 NON-MEMBER LIMITED SEASON PASS $360 Choose any 10 RCBA CLEs between September 2014 and June 2015 NON-MEMBER UNLIMITED SEASON PASS only $650 Attend as many RCBA CLEs as you like between September 2014 and June 2015 Firm/Org: Address: Phone: Fax: Purchase online at Or detach and mail with payment to RCBA, 332 Minnesota Street, Suite E-1401, St. Paul, MN Please make check payable to RCBA. Call with questions. Solo Small Firm Section Developing Your Online Marketing Presence THURSDAY, September 18 8:30-10:00 a.m. Louisiana Café, 613 Selby Avenue, St. Paul NOTE the new time. CLE now starts at 8:30 a.m., instead of 8:00 a.m. Discussion about Online Marketing Experiences for Solo or Small Firm Practitioners The first half hour will be a free flowing discussion about online marketing experiences and strategies for solos and small firms. Facilitator: Heather Gilbert, Gilbert Law LLC Time: 8:30 to 9:00 a.m. Developing Your Online Marketing Presence With all the options available for online marketing, where should you focus your efforts? What do your prospects and clients find when they search for you or your firm online? How to get started with online marketing for solo attorneys and small firms. Presenter: Dave Dechant, Creative Director, ThinkLegal Time: 9:00-10:00 a.m. Cost (includes breakfast): $20 RCBA members: 1.5 hours Law Office Management Credit applied for Visit the Solo and Small Firm Section web page! RCBA BARRISTER SEPTEMBER

6 CHARITY GOLF TOURNAMENT The Charity Golf Tournament was held on Monday, June 16 at Hillcrest Golf Club. The 2014 Tournament raised nearly $15,000 for the Ramsey County Bar Foundation! Thank you to the Golf Tournament Committee, and all of the golfers and sponsors, for making this such a successful and fun event! NEW LAWYERS HAPPY HOUR! NEW LAWYERS THURSDAY, September 4 5:00 7:00 pm Eagle Street Grille 174 7th Street W, St. Paul Join your colleagues for a free drink and appetizers! Both new and experienced attorneys are encouraged to attend! Visit the New Lawyers Section web page for upcoming events and opportunities 6 RCBA BARRISTER SEPTEMBER 2014

7 UPCOMING EVENTS Sidebar: Meet the New Judges Tuesday, October 21 Pazzaluna Urban Italian Restaurant 360 Saint Peter Street, Saint Paul Bench & Bar Benefit Saturday, November 1 Crowne Plaza Hotel 11 East Kellogg Blvd, St. Paul Holiday Party Thursday, December 11 Pool & Yacht Club 1600 Lilydale Rd, Lilydale Judges Dinner Thursday, March 26 Town & Country Club 300 Mississippi River Blvd Memorials Friday, April 17 Sundin Music Hall Hamline University WHAT S HAPPENING Foundation to Award Grants that Will Benefit Women In 2011, the Ramsey County Bar Foundation received $100,000 in cy pres funds from a class action settlement. The funds were part of nearly $9 million in residual settlement funds from a case against a pharmaceutical company. The order awarding the funds, signed by Federal District Court Judge Richard Kyle, requires that the funds be used for the general benefit of and advancement of women. The Ramsey County Bar Foundation Board of Directors decided to distribute the funds over a period of four years. Each year, up to $25,000 will be awarded to organizations that meet the requirements of the court order, as well as the foundation s mission and grant guidelines. The foundation will be accepting applications for 2014 grants through October 1, The application form and a copy of the grant guidelines are available at or by calling Cheryl Dalby at FAMILIES FIRST Saturday, July 19 Thank you to our generous sponsors: 3M Collins, Buckley, Sauntry & Haugh, PLLP Fred Kueppers James Ashley Jon Theobald Larson King, LLP Lowertown Bike Shop Maxim Law, PLLC Marilyn Fetsch Minnesota Brain Injury Alliance Minnesota State Patrol Murnane Brandt, PA Robins, Kaplan, Miller & Ciresi, LLP Saint Paul Fire Department The Sanneh Foundation YMCA Thank you to Rick Stebbins and Mike Burke for serving as co-chairs of the committee and to all of the volunteers who shared their time! RCBA BARRISTER SEPTEMBER

8 RCBA OFFICERS Thomas C. Plunkett President Kelly Olmstead President-Elect Brian McMahon Vice President Paul Peterson Secretary-Treasurer Angela Beranek Brandt Past President BARRISTER STAFF Brianna Hager Managing Editor Cheryl Dalby Executive Director Saint Paul Media Layout Design Thank you to OUR PARTNERS 332 Minnesota Street Suite E 1401 Saint Paul, MN Address Service Requested Nonprofit Org. U.S. Postage PAID Twin Cities, MN Permit No BENCH AND BAR BENEFIT REGISTRATION SATURDAY, November 1 Crowne Plaza Hotel 11 East Kellogg Boulevard, St. Paul Proceeds benefit the Ramsey County Bar Foundation Tickets are $85 each or two for $150 Add $5 per ticket for registrations received after October 17 Table reservations are available for $750 Seating for 10 includes a sign with your organization s name Contact Brianna Hager, Events Manager, at or brianna@ramseybar.org for more information about sponsorship opportunities or auction donations. Please register the following to attend the Bench & Bar Benefit: Contact Phone: Organization: Vegetarian Vegetarian Vegetarian Vegetarian Please make checks payable to the Ramsey County Bar Foundation. Mail to: Ramsey County Bar Foundation Attn: Brianna 332 Minnesota Street, Suite E1401, St. Paul, MN Please send an invoice Payment is enclosed

9 ON THE DOCKET CLE SEMINARS (Including Webinars and Section CLES) Trusts & Estates Section: Long- Term Care Insurance Denials: What to Do When a Denial Becomes a Dispute September 11 / 12-1 p.m. Teleconference Cost: $25 RCBA members; $35 non-members The State of the Fourth Amendment in the Age of Edward Snowden: Bonus Session September 12 / 12:30 2 p.m. Cost (includes lunch): $40 RCBA members; $55 non-members Teleconference Cost: $45 RCBA members; $60 non-members Real Estate Section: Planning for the Family Cabin: Trust, LLC or Let the Kids Work It Out September 16 / 12-1 p.m. Teleconference Cost: $25 RCBA members; $35 non-members Family Law Section: Child Support and Extracurricular Expenses - Who Should Pay for the Hockey Stick? September 17 / 12-1 p.m. Teleconference Cost: $25 RCBA members; $35 non-members Conflicts about Capacity - Perspectives from Legal and Social Services Professionals September 17 / 3-5 p.m. Cost: $35 RCBA members; $50 non-members Teleconference Cost: $50 RCBA members; $70 non-members Solo Small Firm Section: Developing Your Online Marketing Presence September 18 / 8:30-10 a.m. Cost (includes breakfast): $20 RCBA members; A Legal Guide to Privacy September 19 / 12:30 2 p.m. Cost (includes lunch): $40 RCBA members; $55 non-members Teleconference Cost: $50 RCBA members; $70 non-members Webinar: Tax Considerations for Trusts as S Corporation Shareholders September 22 / 12-1 p.m. Cost (includes lunch): $25 RCBA members; $35 non-members Attend Webinar/Audio CLE REGISTRATION Register online at Write check payable to Ramsey County Bar Association Mail completed form to: RCBA 332 Minnesota Street Suite E-1401 St. Paul, MN Phone: Fax: info@ramseybar.org Firm: Phone: RCBA Member: yes no Lunch Selection (available only at noontime CLES): Turkey Tuna Roast Beef Ham & Cheese Veggie Mandarin Salad Caesar Salad Cancellations must be received a least 2 days prior to the CLE. If you do not cancel, you will be invoiced. CLEs are also listed at

10 PARTICIPATE IN THE Attorney Referral Service Modest Means Program Help the RCBA increase access to legal services for low-to-moderate income individuals in Ramsey County whose income exceeds eligibility guidelines for pro bono legal services. In addition, reach new clientele, and gain valuable experience. Attorneys who participate agree to accept the hourly fee set by the program. We are currently seeking attorneys that can assist clients in the areas of Tax, Probate, Elder Law and Conciliation Court Appeals. For more information, call Renee at Achieve Your Goals Attorney coach/consultant Roy S. Ginsburg provides marketing, practice management and strategic planning services to individual lawyers and firms. (612) RCBA BARRISTER SEPTEMBER 2014