Today’s lawyer may not seek to write a best-selling novel, but they still face increasing pressure “to produce compelling prose.” In his book Point Made: How to Write like the Nation’s Top Advocates (Oxford 2011), Ross Guberman states that time-strapped judges have little patience for “dry and boring,” and that effective legal writing must now “sell the sizzle.” Guberman also asserts that different facts and situations call for different creative writing approaches. To demonstrate both points, Guberman provides writing sample snippets from more than 50 legal writing experts. Through text taken from such well-known names as Frank Easterbrook, Barack Obama, John Roberts, Ken Starr, and Larry Tribe, Guberman demonstrates how these experts have crafted their own effective yet creative writing styles for different situations. Guberman concludes this book with 50 compact steps to writing the perfect brief.

The Law Librarian found Point Made a pleasure to review. Spot on with Guberman’s message, this book is a succinct yet compelling read in its own right.

This being May, we are embarking on the annual “wedding season” of summer, that time of year when we see upward numbers festive brides and grooms out and about enjoying their big day. This summer’s wedding season is expected to be bigger than ever, given the recent passage of legislation recognizing same sex marriage by the Minnesota Legislature, and signature of same by Governor Mark Dayton. This new law will officially take effect on August 1, 2013. So in addition to the many bride-groom couples, this year we can expect to see bride-bride and groom-groom couples about the region as well. Indeed, Como Park is preparing for a large-scale “flash” wedding event that will take place on August 1, with brief blocks of time to be leased out by couples for their vow exchanges. Minneapolis City Hall will open at 12:01 a.m. that day to accommodate the expected “wedding rush” in the neighboring county.

Couples of all three gender combinations need to know where to get accurate legal marriage information, such as what it takes to get a license, what the related fees are, where to get a government official to perform the ceremony, and so forth. On the Ramsey County website is a page that provides a link to a marriage license application, information on where to file it, plus information on Ramsey County District Court Judges available to perform wedding ceremonies.

The past week brought forth a rainstorm of local news articles with a disturbing common thread. We read about the bodies of young women pulled from both the Mississippi River and a Chisago Lake swamp, with the women’s surviving significant others being major suspects, and a young woman in the midst of a stormy relationship suddenly going missing. These articles were only the beginning, as many other recent news articles brought forth stories underpinned with hints of violent or abusive relationships. All suspects are innocent until proven guilty, of course, but these articles nonetheless bring home the point that domestic violence is a real and major threat, as highlighted in this Minneapolis Star-Tribune editorial. Further, domestic violence concerns not only young women but people of all ages and both genders as well.

In Ramsey County, instructions on how to seek an Order for Protection can be found here, and helpful related contact information here. We at the Law Library are always happy to help our patrons locate these and other resources that might be useful.

Breaking free from an abuser is obviously a difficult task, not to mention a risky and frightening one. Adding to this struggle are the administrative and financial woes that have to be resolved as part of breaking free. This is where the National Consumer Law Center publication, Consumer Rights for Domestic Violence Survivors (2006) can be helpful. This book addresses the nuts and bolts that must be addressed by domestic abuse survivors, such as the best ways to deal with joint debts, handling tax issues, and obtaining crime victim compensation funds. It is available for check-out at our Library.

Judge Loevinger was loved by constituents and respected by the legal profession for his modern and progressive approach to the law. As a family court judge, he was against legal impediments to divorce and advocated that the realities of marriage be taught in schools. He also recommended that family court have a clinic to help users of the court system constructively resolve their domestic difficulties. He advocated a criminal probation system to put non-habitual offenders back on the right track in lieu of lengthy prison sentences, which he saw as an often-unnecessary taxpayer expense. He defended the criminal jury trial system at a time when it was under attack, stating that it was fundamental to the cause of liberty and justice, and that few criminal charges resulted in acquittal by juries. He also helped organize Minnesota’s Farmer-Labor Party, a predecessor of the Minnesota DFL party.

In a particular case he heard as a District Court Judge, Loevinger soundly rebuked University of Minnesota for its role in a ring that involved it buying nearly 500 stolen dogs. This, plus heavy sentences given to the “dognappers” got him an outpouring of fan mail from constituents. In another case he ordered more than $1,000,000 in refunds to St. Paul telephone customers. After the death of U.S. Supreme Court Justice Cardozo, roughly 200 local attorneys signed a petition urging appointment of Judge Loevinger to fill the vacancy, which stated that “[h]is fearless honesty, his love of his fellow men and his sympathy for the underprivileged and oppressed, his respect for individual rights and his profound knowledge of the law qualify him for the high position…” (The Judge was touched by the gesture, but asked the committee to withdraw its petition.)

Judge Loevinger served as a District Judge until 1955, and died on August 28, 1957.

(Judge Loevinger’s son, Lee Loevinger, became a chief of the Justice Department’s antitrust division under President John F. Kennedy. He was also a member of the Federal Communications Commission, and an associate justice on the Minnesota Supreme Court.)

The Law Librarian extends a special thanks to the St. Paul Public Library and its excellent collection of historical newspaper clippings.

The Law Library has on display judicial portraits of past Second Judicial District Court judges, going back to 1857. If you have any information or commentary about Judge Otis, please leave a response or send us an e-mail. To view the portraits in person, visit us on the 18th floor of the Ramsey County Courthouse.

As reported in the April 29, 2013 edition of Minnesota Lawyer, Brook’s attorney Jeffrey Sheridan asserts that the cases are about the role of the 4th Amendment in DWI investigations, not about expediting the investigations themselves. As a result, doubt has been cast on the role and validity of statutes like Minn. Stat. 169A.20 subd. 2, which makes it a crime to refuse blood, breath, or urine testing for in DWI investigations. Attorneys cited in the article forecast litigation storm activity on the horizon, particularly in the form of motions to suppress such test results. In contrast, prosecuting attorneys believe that the applicability of McNeely is narrow, indeed limited to scenarios involving nonconsensual testing. (Yet the Law Librarian is currently asking herself, how often would a person’s consent be based on knowing or supposing of the existence of a statute like 169A.20?) In light of this cloud of doubt, Minnesota Lawyer posts a couple of post-McNeely practice tips for both prosecutors and defense attorneys.

The Ramsey County Law Library has recently added two books relevant to this subject. First, The Indian Child Welfare Act Handbook is a comprehensive source to assist lawyers and other professionals involved with the interests of Indian children. Case law addressing the correct application of the ICWA has burgeoned tremendously in recent years. Despite increasing discrepancies in court rulings, Congress has not amended or clarified the law despite several proposed bills to do so. Yet both federal and state laws and their application have changed the legal landscape in the areas of child welfare practices and child custody proceedings involving Indian children. The Handbook examines these developments and also incorporates over 500 court decisions released since the original was published in 1995.

Also, The Rights of Indians and Tribes has been the go-to resource for Federal Indian Law since it was first published in 1983. With its user-friendly question-and-answer format, the book addresses legal issues facing Indians and Indian tribes today, including tribal sovereignty, the federal trust responsibility, the regulation of non-Indians on reservations, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the ICWA. This book is a useful tool for tribal advocates, government officials, students, practitioners of Indian law, as well as the general public.

Charles Eugene Otis was born May 11, 1846 near Kalamazoo Michigan. He received his BA from the University of Michigan in 1869. He taught school for a time, and was Superintendent of Schools in La Porte, IN from 1869-1871. Charles Otis married Elzabeth Noyes Ransom of Kalamazoo in 1874.

He came to St. Paul in 1871 to work in the law firm of his brother George Otis. He was admitted to the MN bar in 1875. When George died in 1883, Charles formed a new partnership with his brother Arthur. He was appointed to the Ramsey County District Court in 1889 following the death of Judge Levi Vilas. He served two terms, leaving the bench in 1903. He thereafter resumed private practice with his son, James C. Otis.

Judge Otis served on the St. Public Library Board from 1896-1899. He also served on the St. Paul City Council, where he was instrumental in bringing the Minnesota State Fair to St. Paul. It should also be noted that he was the great uncle to a prominent American historical figure. His brother, Alfred G. Otis, was a U.S. District Court Judge in Kansas. Alfred raised his granddaughter in Atchison Kansas, who grew to be the aviator, Amelia Earhart.  Judge Otis died on November 8, 1917. He left behind son James C. Otis and daughter Maribel R. Otis. No obituary is available for him and his burial place is unknown.

The Law Library has on display judicial portraits of past Second Judicial District Court judges, going back to 1857. If you have any information or commentary about Judge Otis, please leave a response or send us an e-mail. To view the portraits in person, visit us on the 18th floor of the Ramsey County Courthouse.

Unfortunately, numerous law firms in Minnesota have been victims of such check scams, according to the Minnesota Office of Lawyers Professional Responsibility (OLPR). Adding insult to injury, some victimized lawyers have been privately disciplined as well. What advice does Martin Cole from the OLPR have for lawyers not wanting to get burned this way? “If you wait until the check has cleared, you don’t have anything to worry about.” Probably good advice, considering that these scammers typically depend on speed to carry out their heists.

Whereas a teenage girl’s overblown “friending” might be excusable, careless or unethical friending by legal professionals is not so forgivable. As reported by Julie E. Bennett in this week’s Minnesota Lawyer, social networking is useful (perhaps necessary) for today’s practitioner, but also loaded with potential ethical hazards. It may be tempting to “friend” an opposing party or witness for purposes of viewing their otherwise publicly unavailable social networking page for relevant information. This kind of “friending” may run counter to MRPC Rule 4.2, which forbids a lawyer communications regarding the subject of representation with a person who is known to be represented by another lawyer without that lawyer’s consent. “Friending” an unrepresented party could also violate MRPC Rule 4.3, which requires a lawyer to clearly indicate their role and partiality in the communication. Using a fictitious identity or an employee to gain access to a social networking page for such purposes also violates MRPC Rules, and possibly criminal statutes as well.

…Looking at it from the other direction, safe and prudent practice would require a lawyer to be hyper-cautious of any social networking “friend” requests they might receive, and should warn clients (both potential and retained) to likewise be cautious.