Susan Minsberg Law Office

 Proper Deposition Objections

Published by Lawyerist.com, November 13, 2015.

https://lawyerist.com/16801/proper-deposition-objections/

Five Tips to Help Businesses Stay Out of Trouble

http://www.minnesotalaboremploymentlawblog.com/2013/03/articles/business-practices/guest-blogger-susan-minsberg-5-tips-to-help-businesses-stay-out-of-legal-trouble/index.html

I heard attorney Susan Minsberg speak to a group of business owners regarding how to stay out of legal trouble. I was so impressed by her common-sense suggestions, I asked her to be our first guest blogger. Susan is an experienced litigator in both business matters and family law. She has a unique perspective on preventing litigation as she has litigated and tried many cases. Susan is a passionate advocate for her clients, and I asked her to share some of her tips with you.

Susan Minsberg: Sometimes people are reluctant to get a lawyer when they enter into an agreement. Typically, they are worried about the cost or somehow blowing the deal. The truth is, this is the precise point when people are most vulnerable and need legal help. The old adage is true, “An ounce of prevention is worth a pound of cure.” So here are 5 tips.

1. Consult a lawyer before you sign a contract or any other legal document. Problems are very expensive to address and very difficult to fix after the fact.
2. Remember contracts don’t have to be in writing to be enforceable. Oral contracts are more difficult to prove, but they are equally valid.
3. Negotiate agreements with the assumption the terms will not be followed. For each term, think about the “what if”. People generally enter into agreements with the belief everything will work out. Unfortunately, that is not always the case.
4. Don’t use forms from the Internet (or anywhere else), and assume they are good and will work for you. Every situation is unique. Forms can come back to haunt you.
5. If you are sued, remember the following: You probably will not be able to recover your attorney’s fees. (There are limited exceptions, such as including a fee provision in your contract.) Also, never, ever ignore a lawsuit.

Notice of Entry

Published by Bench & Bar, The Official Publication of the Minnesota State Bar Association, February 2013. 

http://mnbenchbar.com/2013/02/notice-of-entry/

Many family law attorneys serve a “Notice of Entry” after a Stipulated Judgment and Decree is entered.  A Notice of Entry has no impact and is essentially a made-up notice, ineffective as to anything subsequent.  Lawyers may be serving the Notice of Entry because they believe it starts the clock ticking for an appeal.  However, Rule 104.01 of the Minnesota Rules of Civil Appellate Procedure provides that “an appeal may be taken from a judgment within 60 days after its entry, and from an appealable order within 60 days after service by any party of written notice of its filing.”   Written notice of filing starts the clock for an order.  The clock starts for a judgment immediately upon its entry.

Automatic Stay Misunderstood

Published by Bench & Bar, The Official Publication of the Minnesota State Bar Association, January 2013. 

http://mnbenchbar.com/2013/01/automatic-stay-misunderstood/

The automatic stay language of Rule 125 of the Minnesota General Rules of Practice is often misunderstood.  Many lawyers include language in stipulated documents as follows: “Notwithstanding Gen. R. Prac. 125, Let Judgment Be Entered Immediately.” Such language is not necessary in stipulated documents.  Rule 125 and the comment specifically state that the stay applies only after a trial:

Rule 125. Automatic Stay 

The court administrator shall stay entry of judgment for thirty days after the court orders judgment following a trial unless the court orders otherwise. Upon expiration of the stay, the court administrator shall promptly enter judgment.

… The stay anticipated by this rule applies only following a trial. Where judgment is ordered pursuant to pretrial motion or by default (e.g., temporary hearings in family law), or in situations governed by other rules, including marriage dissolutions by stipulation (Rule 307(b)) and housing court matters (Rules 609 and 611(b)), the stay is not necessary and not intended by the rule. (emphasis added)

Marketing Tips...Now What?

Published in Barrister, Ramsey County Bar Association, September 2012.

Marketing Tips...Electronic Marketing Beyond Websites

Published in Barrister, Ramsey County Bar Association, March 2012.



Marketing Tips...First Stop: Website 

Published in Barrister, Ramsey County Bar Association, October 2011. 

Top 10 Law Firm Website Mistakes

Published in Practice Blawg, the Minnesota State Bar Association Blog, August 22, 2011.

http://practiceblawg.com/2011/08/top-10-law-firm-website-mistakes/

Courtroom Dos & Don'ts

Published by Bench & Bar, The Official Publication of the Minnesota State Bar Association, March 2011.

http://mnbenchbar.com/2011/03/courtroom-dos-don’ts/

Means Testing

Published by Bench & Bar, The Official Publication of the Minnesota State Bar Association, February 2011. 

http://mnbenchbar.com/2011/02/means-testing/

Proper Deposition Objections,

Published by Lawyerist.com, January 10, 2011.

http://lawyerist.com/proper-deposition-objections/

Trade Secrets: Not Just for IP Lawyers Anymore,

Published by Bench & Bar, The Official Publication of the Minnesota State Bar Association, November 2010. 

http://mnbenchbar.com/2010/11/trade-secrets-not-just-for-ip-lawyers-anymore/

Expanding Your Reach: Engaging Other Attorneys' Help & Expertise,

Published by Bench & Bar, The Official Publication of the Minnesota State Bar Association, April 2010.

http://www2.mnbar.org/benchandbar/2010/apr10/expand.html

Contract Myths,

Published by Bench & Bar, The Official Publication of the Minnesota State Bar Association,  November 2009 and December 2009.

Myth: Oral (unwritten) contracts are not valid.

Fact: Oral contracts are just as enforceable as written contracts, but they are more difficult to prove.The statute of frauds (Minn. Stat. Ch. 513) andthe Uniform Commercial Code do require a written contract in certain circumstances. The writing requirement of the statute of frauds is different from the issue of whether a contract exists. The writing that is required by the statute is not the contract. Rather, it is the written evidence of the contract. See Simplex Supplies, Inc. v. Abhe & Svoboda, Inc., 586 N.W.2d 797, 800 (Minn. App. 1998).

Myth: If there is a problem with a contract, the negotiations that took place before signing can help resolve the problem.

Fact: All conversations or writings that took place before the contract is signed merge into the contract and cannot be used. (There are some limited exceptions.) “Oral evidence of discussions, negotiations, or understanding is not admissible to vary or to contradictterms of an unambiguous or integrated contract.” Jara v. Buckbee-Mears Co.,469 N.W.2d 727, 730 (Minn.App. 1991) (citing Jansen v. Herman, 230 N.W.2d 460,463 (Minn. 1975).

Myth: If the other side breaches the contract, you can recover attorney fees.

Fact: Attorney fees will not be recoverable in a contract action unless they are specifically provided for in the contract or authorized by statute. See Schwickert, Inc. v. Winnebago Seniors Ltd., 680 N.W.2d 79 (Minn. 2004).

Myth: You can have a lawyer fix problems with the contract after the contract is signed.

Fact: Have a lawyer review the contract before it is signed. Once the contract is signed by both parties, it is binding and cannot be “fixed”, unless there is a provision for amendment. A party can obtain relief from a contract that was induced by a fraudulent or material misrepresentation upon which the party justifiably relied. See Carpenter v. Vreeman, 409 N.W.2d 258, 261 (Minn. App.1987).

Myth: If you know the other party well, you can assume the contractwill be followed.

Fact: You must assume that the contract will be breached and draft it with that in mind. Most people have good intentions when they enter into a contract. As a litigator, I have seen many contracts breached when parties never anticipated that here would be a breach.

The material presented is for informational purposes only. It is not intended to constitute legal advice of any kind.