FRESH LOOK PROBLEM UNPUBLISHED OPINIONS

OFFICIAL PUBLICATION OF THE MINNESOTA STATE BAR ASSOCIATION
VOLUME LXXIII NUMBER XI
DECEMBER 2016
www.mnbar.org
2 President’s Page
Juvenile justice and
redemption
By Robin M. Wolpert
4 MSBA in Action
Minnesota welcomes a new
generation of attorneys
6 What, Where & When
CLEs & events
8 Professional Responsibility
Client confidentiality
and client criticisms
By Patrick R. Burns
10 Colleague Corner
Meet Camille Bryant
13 Diversity & Inclusion
Real change is hard.
And necessary.
By Cathy Haukedahl
14 MSBA Blogs
Dangerous clients:
Recognizing the risks
By Michelle Lore
34 Notes & Trends
Landmarks in the law
43 Books & Bytes
Legal publishing
ON THE COVER:
A
FRESH LOOK AT
THE
PROBLEM OF
UNPUBLISHED
OPINIONS
16
Why it’s time to reconsider
Minnesota’s approach
Members of the bar have
long chafed at the designation of
appellate opinions as “unpublished.” But
the concept has many judicial defenders,
including past and present judges on the
Court of Appeals. In this article, a justice
of the Minnesota Supreme Court and his
former law clerk argue for a middle way
that would result in more precedent for
trial courts and arbitrators to apply.
By Justice David L. Lillehaug
and Nathan J. Ebnet
When School’s Out Forever
Counseling indebted students
after their school closes
Recent high-profile school closures, like that of
ITT-Tech, have left thousands of students across
the country confused about their legal options.
By Chris Wysokinski
20
Digital Assets After Death
RUFADAA and its implications
The Revised Uniform Fiduciary Access
to Digital Assets Act, which became
effective in Minnesota earlier this year,
has largely resolved the Catch-22 that
faces trustees and estate administrators
by creating a workable framework for
disposing of digital assets after death.
Attorneys who do estate planning work
should familiarize themselves and their
clients with its terms.
By Steven Orloff and
Matthew J. Frerichs
24
44 People & Practice
Member announcements
46 Opportunity Market
Classified ads
There’s more online
Leave comments, read digital-only
articles, and search the article
archive. Jobs and services are posted
daily in the opportunity market.
www.mnbenchbar.com
28
Why Your Firm Needs
an Ethics Partner. Now.
Recent changes in law make
it a top priority
Recent legal developments dictate that
every law firm in Minnesota should
designate a firm ethics counsel. First and
foremost, the law on in-firm attorneyclient
privilege has undergone a tectonic
shift—but there are many vital reasons to
take this step now if you haven’t already.
By Chuck Lundberg
www.mnbar.org December 2016 s Bench&Bar of Minnesota 1