Attention criminal law practitioners: the MSBA Rules of Professional Conduct committee is currently considering whether to Petition the Minnesota Supreme Court to add the ABA’s new Rules 3.8(g) and (h) to the Minnesota Rules of Professional CoMinnesota Rules of Professional Conduct. The rules create new post-conviction duties for prosecutors who are presented with evidence that a person did not commit a crime for which he or she was convicted. In some cases, the rules would place a burden on the prosecutor to initiate a motion to reopen the case. At a minimum, the new rules would place a burden on prosecutors’ offices to document how they evaluate post-conviction evidence and determine whether it has any merit.

Read the ABA report and proposed rules here.

The Attorney Discipline Review Committee has completed its report, which the Minnesota Supreme Court will consider at a hearing on September 23, 2008. Although the Committee found that the discipline system was working well, it noted concerns with how long the Office of Lawyers Professional Responsibility was taking to process files. The Committee also recommended two changes to the discipline system, the reduction or elimination of live probable cause hearings for attorneys accused of misconduct and the expunction of private admonitions for attorneys who have no further discipline for ten years. Eric authored the minority report opposing the change in the probable cause hearings, because the change would deny attorneys a substantive right and reduce the fairness of the system without there being any data suggesting that the current system does not work or that it would be improved if there were fewer probable cause hearings.

Read my blog entries on the Lawyerist. www.lawyerist.com

Electronic version of the Minnesota Rules of Professional Conduct. www.mncourts.gov/LPRB/05mrpc.html

Lawyer Registration Database – find out how many years a lawyer has been licensed, mailing address, and whether the lawyer carries malpractice insurance. www.mncourts.gov/mars/default.aspx

Minnesota Lawyers Mutual provides a
variety of resources for their policyholders – sample forms, suggested office procedures,
best practices guides, etc.
www.practiceassets.com (requires login).