The decisions are never easy. This year’s winners run the gamut from blogs with multiple contributors to those with one, some big firm lawyers, some solo practitioners. Some blogs target the general public, while others are written for the legally-trained audience, covering family, criminal, employment, estate and probate, securities and patent law. Our winners include new blogs as well as repeat winners.

What were our criteria? In addition to content, we evaluated design and ease of navigation. We liked blogs with regular posts, even if the posts were monthly versus multiple times per week.

Lawyers are communicators so it is not surprising to see more and more lawyers beginning to blog. We all benefit from their efforts; more information, about more topics, demystifying the law for all. Congratulations to all of our winners. Start reading, then spread the word.

© Nancy Hupp for Practice Blawg, 2012. | Permalink | No comments yet | Add to del.icio.us
Post tags: Blawg, Legal Blogs, Top 25, Top 25 Blawgs

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Workers’ compensation insurance is one of those areas of running a business that we all know we should pay attention to, but which often suffers from neglect.  Usually that’s because business owners (including solo attorneys) know little about what workers’ comp is or where to obtain it.

Workers’ compensation insurance provides wage replacement and medical and rehabilitation benefits to employees injured during the course and scope of their employment.  Any person or firm who employs another person is required to pay for workers comp for the employee unless the employment relationship is exempt under Minn. Stat. § 176.041, subd. 1.  This means that solo attorneys will usually be required to obtain workers’ comp insurance for their legal assistants, secretaries, clerks, and other staff.

So while some solo attorneys may need to obtain workers’ compensation, can “true” solos buy the insurance?  While solo attorneys are on the job during most of their waking hours, many believe that they are precluded from purchasing workers’ compensation on themselves.  The opposite is true.  Minn. Stat. § 176.041, subd. 1a allows an owner of a business to elect to be covered by workers’ compensation insurance.

If you do not purchase long-term disability insurance, workers’ compensation may be even more important.  Solosmall attorneys seem to work 24/7/365.  There is a good chance that you could become disabled from an injury that arose out of the course and scope of your “employment” as an attorney.  It is, therefore, a low cost option to cover occupational injuries.

Furthermore, workers’ compensation insurance may be a good buy for you if you employ those covered by workers’ comp.  This is because wokers’ comp policies have a minimum premium requirement and the premiums often paid for paralegals, clerks, and secretaries may not reach the minimum premium.  There is no reason to overpay for clerical coverage when the difference between actual premium and minimum premium could be applied toward the cost to provide coverage for yourself.

Workers’ compensation insurance can be obtained through independent insurance agents, direct writing insurance companies and, as a last resort, the Minnesota’s Assigned Risk Plan.  The compensation class code for attorneys in Minnesota is 8820.  The rate for this class code is in the range of .30-.35% of payroll, depending on the insurer underwriting the coverage.  In 2012, the minimum and maximum payrolls subject to premium rating for sole proprietors, partners and officers is $23,296 and $93,184, respectively.  Assuming a class code rate of .33%, a solo attorney’s annual premium would not exceed $308 plus various debits and credits that apply in the standard premium formula and a $180 charge for an expense constant.

Visit Minnesota Workers’ Compensation Association at www.mwcia.org to calculate what your workers’ compensation premium is under the Assigned Risk Plan.  Provide the application and premium from the premium calculator function on the website to your insurance agent.  Ask the agent to place coverage for you using the information that you have developed from the MWCIA website.  The agent will submit your risk to the insurance companies that he or she represents.  If none of these insurers will offer to write coverage, then the agent will submit your application to the Assigned Risk Plan as the market of last resort.

© Debra McLain for Practice Blawg, 2012. | Permalink | No comments yet | Add to del.icio.us
Post tags: solo practice

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Practicelaw.org, the MSBA’s online source of forms and other practice resources, has recently expanded its civil litigation form set. MSBA members now have access to forms spanning every phase of civil litigation.

During November and December, 21 new civil litigation forms joined the 25 civil litigation forms already on the site:

• CIV-431   Order (Proposed)
• CIV-436   Order for Summary Judgment (Proposed)
• CIV-437   Order Denying Summary Judgment (Proposed)
• CIV-460   Notice of Motion and Motion to Compel Discovery – General
• CIV-462   Certification of Compliance with Minn. Gen. R. Prac. 115.10
• CIV-463   Order Compelling Discovery (Proposed)
• CIV-480   Notice of Motion and Motion for Sanctions Pursuant to [Rule 11][Minn. Stat. 549.211]
• CIV-568   Rule 68 Offer of Settlement (Total Obligation)
• CIV-569   Rule 68 Offer of Judgment (Damages Only)
• CIV-580   Witness and Exhibit List
• CIV-583   Authorization for Release of Financial Information
• CIV-585   Authorization for Release of Personnel Records
• CIV-602   Notice of Dismissal
• CIV-603   Order for Dismissal Pursuant to R. 41
• CIV-604   Stipulation for Dismissal
• CIV-605   Order for Dismissal (Pursuant to Stipulation)
• CIV-606   Confession of Judgment
• CIV-607   Promissory Note
• CIV-818   Waiver of Independent Counsel

A form Settlement Agreement is in draft stage and should be posted soon as well.

We decided to add additional civil litigation forms because of survey data and user requests. We survey practicelaw users annually, and the percentage of users who indicate that they’ve used or relied upon civil litigation forms has increased each year:

• 2009 – 29%
• 2010 – 33%
• 2011 – 38%

Additionally, 98% of users surveyed this month indicated that practice-related forms are the most valuable of all those resources posted on practicelaw.

Also, just a reminder that in addition to civil litigation forms, the MSBA has other resources helpful to the civil litigator, namely a Statute of Limitations Handbook and a Judicial Survey Service. The Service collects information from district court judges with respect to their individual preferences on motion practice and courtroom conduct. The information is organized by judicial district and by the judge’s name.

Let us know if you have any comments or suggestions on the new forms.

© Nancy Hupp for Practice Blawg, 2011. | Permalink | No comments yet | Add to del.icio.us
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If you have used practicelaw in the last year, please take this year’s short survey:
http://pxlaw2011.notlong.com/

If you have not used practicelaw in the last year, please email me nhupp@mnbar.org and let me know why not.

practicelaw is a MSBA member benefit and surveys are one way to determine how well we are meeting the needs of our members. Your input is critical.

Thanks much -

© Nancy Hupp for Practice Blawg, 2011. | Permalink | No comments yet | Add to del.icio.us
Post tags: survey

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What is Project Homeless Connect? This is how I describe it to potential law student volunteers: “There are dentists pulling teeth on one end, barbers cutting hair at the other end, and the legal team somewhere in the middle.” Project Homeless Connect is a one-stop shop of services for people experiencing homelessness, held three times a year in the metro and occasionally in greater Minnesota.

Every time I volunteer with the legal team at Project Homeless Connect, I leave awed, inspired, and humbled:

• awed by the resilience and fortitude of the many Minnesotans experiencing homelessness (especially in the depths of winter)
• inspired by the many volunteers, especially the busy private legal practitioners and paralegals, legal services attorneys, members of the bench, and law students who make time to volunteer
• humbled by my privilege and the opportunity to use my skills and training to help others in need

When I volunteered, I assisted a young woman complete an intake and pro se divorce forms. Initially, she appeared apathetic and didn’t think that we would be able to help her. Nonetheless, 70 minutes, 24 pages, many questions, three lawyers and a law student later, she was all set to file her IFP and Divorce Petition. She had been seeking a divorce for several months. This divorce, from an incarcerated man she hasn’t seen in several years, means a fresh start for her.

While legal team leaders are still tallying up the numbers from last Monday’s event, I can tell you that last May, the volunteer legal professionals served 400+ people with 450+ legal issues in the areas of housing, family, criminal, youth, and various civil law issues.

The event challenges my perceptions of homelessness and is a great way to give back. More information on training and volunteering is on the Project website.

© rinal for Practice Blawg, 2011. | Permalink | No comments yet | Add to del.icio.us
Post tags: Homelessness, Legal Services

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