The Minnesota Family Law Podcast

Samantha Gemberling joins Tom to discuss a significant new statute impacting virtually all family law practitioners. Samantha has spent years working with interest groups and legislators to update the Minnesota family law statute, especially in the area of spousal maintenance. In addition, she discusses changes to parenting issues, pernuptial and postnuptial agreement and assisted reproduction technology statutes.

Susan Rhode and Jim Vedder of Moss & Barnett join Tom Tuft of Tuft, Lach, Jerabek & O'Connell to discuss how to prepare a family law client for resolution of their case. They discuss concepts of BATNA (Best Alternative to a Negotiated Agreement) and WATNA (Worst Alternative to a Negotiated Agreement) a concept fleshed out in "Getting to Yes" by Fisher and Ury. In addition, they discuss how to use the expertise of the ADR provider to assist them in working with their client to find a good resolution of the case. 

Tim Morrow and Azure Schermerhorn-Snyder join Tom for a preview of next week's Minnesota Family Law Institute.

Zak Kretchmer and Kevin McGrath join Tom for preview of the topic of Divorce Camp, Negotiation. They discuss the pros and cons of different approaches. This is the first in a series of episodes on negotiations.

Patrick Hest, an Assistant Director at the Ramsey County Attorney’s Office, joins Tom to discuss how the Ramsey County Attorney’s Office is handling their family law-related work through the pandemic. This includes not bringing new contempt proceedings for non-payment of child support due to the poor economy and the desire to reduce the jail population. He identifies the opportunities for payment of child support with per capita stimulus payments as well as expanded eligibility for unemployment compensation under the previous federal stimulus packages. In addition, his office is leveraging already available public assistance services to help those with child support obligations find employment or even develop a career path. A goal is to help people get well-paying jobs with the collateral benefit of helping them get on top of their child support payments.

Marilyn Hoffies, senior a paralegal at the law firm of Tuft, Lach, Jerabek & O’Connell, PLLC discusses how she and her colleagues at other firms are handling working remotely. She identifies what struggles support staff from firms large and small have experienced in the move to working remotely. She offers tips on maintaining firm collegiality through distant learning. In addition, she discusses what she did to maintain work life balance while working at home. 

Attorney Allyson Kerr of Tuft, Lach, Jerabek & O’Connell, PLLP, joins Tom to discuss her first evidentiary hearing, an OFP  conducted via Zoom. To add to the complexity, it was a case involving an interpreter. She discusses how the parties were situated; how the Court handled exhibits; how counsel shared exhibits with the witnesses and judicial officer; and how the judicial officer rendered the decision. She discusses glitches to watch for (like a problem with feedback on the line) and offers a few tips on making it all go smoothly for your client.

Attorney Jennifer Roben and paralegal Amanda Rock join time to discuss the changes they have made in their firm as we emerge from the pandemic. They discuss how, through the use of technology, they have been able to quickly adapt and continue to serve their clients. They have the added benefit of having experience working from home before the pandemic hit so they had technology and systems in place. They discuss the challenges of maintaining the social and professional interaction with one another when not together in the office and when the means of communication are more limited. They discuss safety precautions their firm is taking as clients return to attorney offices.

Christine Tuft, Marketing Partner at the Law Firm of Arthur, Chapman, Kettering, Smetak & Pikala joins Tom to discuss practice development and marketing. The focus of this episode is on self-assessment, skillset assessment, and business assessment. These are the first steps in creating a marketing-focused business plan. Self Assessment. We need to be self-aware and need to know our strengths and weaknesses. What is your personality type. What do you like doing and what are you willing to do. This is a challenging exercise in that it is important to be honest with ourselves and self-aware enough to make this kind of assessment.  Taking it to the next level includes inquiring of a trusted colleague or mentor to help you with an honest assessment Skillset Assessment. What are the gaps in your knowledge our skills? What do you need to add to your personal inventory to reach your goals. Business Assessment. Analyzing what kind of work you are doing and how are you getting it. This includes gathering the data from your firm and taking the time to study and think about it. This includes identifying case types and referral sources. This is part of an ongoing series of podcasts on business development and marketing. 

Attorneys Victoria Elsmore and Amy Krupinski join Tom to tell the tale of their family court jury trial. They represented the biological father in the case in which the mother and her husband sought to have the issue of paternity determined by jury. The jury was to decide between the competing presumptions. They discovered that court rules do not really contemplate family court juvenile trials. The attorneys had to work around those rules. There was the additional challenge of language and cultural barriers to address in the case. Before they could even get started, the trial court’s decision to grant a jury trial was appealed all the way to the Minnesota Supreme Court. Once that was resolved, they had to address unique issues large and small. From basic questions like how many jurors to seat. To nuanced questions like voir dire of the jurors and then selection. They had to create jury instructions essentially from scratch. They had to do an oral closing to the jury and then wait for deliberations to decide paternity. Ultimately, the biological father prevailed on paternity, but issues of parenting time and custody remain to be resolved.

Amanda Hagen joins Tom to discuss the challenges of practicing in Minnesota and Wisconsin, especially in light of the differences in how the two states are approaching the pandemic. She reviews the battle between the Wisconsin executive branch and judicial branch over emergency powers. Then, she explains how the Wisconsin courts are handling court proceedings and compares that with how the Minnesota courts have moved forward.

Loretta Frederick, Senior Legal Policy Adviser to the Battered Women’s Justice Project, joins Tom to discuss the incidence of intimate partner violence (IPV) during the stay-at-home periods of the pandemic. She points out that those who were previously living with coercive controlling domestic violence are even more entrapped in these dangerous situations. This is especially alarming in Minnesota with the significant increase in purchases of firearms by first-time gun owners. She highlights the new tactics used by abusers, for example, where an abuser may withhold a child from an essential worker-parent on the pretext that the essential worker may endanger the child through exposure to COVID-19. She addresses the challenges survivors face in fleeing to a safe house that may expose the survivors own family and the host family to COVID-19. She discusses the challenges in rural areas that had relied upon hotels to temporarily shelter survivors when those hotels are now closed. All of this compounded when shelters are full and staff and other supports are not available. Further, survivors do not have access to libraries or coffee shops where they may have accessed help through the internet. The supports they need to get to safety are largely unavailable.  There is the additional concern that children are exposed to more abuse than they were. School counselors, nurses, neighbors, clergy, doctors are all no longer in regular contact with survivors and their children. Options for survivors like independence through housing, employment, support services, and the courts have been less accessible or even not available during the heart of the quarantine. She discusses the challenges of Online Dispute Resolution (ODR) and court trials via videoconferencing. For example, what if the abuser and survivor are in the same location during videoconferences? She posits the possibility of entering into temporary, pandemic-related settlements lasting perhaps six months so that a more thoughtful solution can be devised once the pandemic has abated. This is one way to try to limit the long-term negative implications of the pandemic. The video she references is available at bwjp.org.

The Honorable Sheridan Hawley Judge of District Court sitting in Washington County discusses the re-opening plan for the courts in Washington County. She discusses the challenges of developing a plan that meets the Governor’s Order, the Chief Justices Order, the Judicial District’s expectation and the County’s (that actually owns the building) needs against the need for access to justice for those who cannot afford remote technology. These courthouses and courtrooms really were not designed to allow six feet between each person. She reports that they are required to have at least some courtrooms open by June 15, 2020. While much may be done remotely, when access to justice is at issue, the courtrooms must be open. She describes courtroom design plans, including separating attorneys from clients at counsel table by plexiglass. Related to that is the possibility that counsel and client would be permitted to communicate via telephone while sitting next to one another in the courtroom.

Realtor Dawn Keenan of Edina Realty discusses what she sees as positive momentum in the real estate market. She identifies the shortage of homes as a positive factor, especially as compared to the market heading into The Great Recession in 2008. In fact, there is a belief that the real estate market may help lead the economy out of the recession. In addition, she discusses the safety measures put in place in her industry. For example, there has been a suspension of open houses. Showings include masks, hand washing and other protective measures. For sellers with special concerns they can indicate personal preference notes to address their concerns. There is even an option for virtual showings. Closings have changed so that agents are asked not to attend and sellers and buyers are separated for the closing. She sees real estate activity trending upward and believes this is a good time to place a home on the market, especially in the sub-$300,000 price range.

Barb Sheldon of Alerus Bank identifies the various federal and local loan and grant programs available to small business owners. She explains the purpose and availability of the various options: -The Economic Injury Disaster Loan (EIDL) from the Small Business Administration which were the SBA's first grants/loans offered to small businesses. The first round of funding has been exhausted. There has been a second round of funding, but the remaining funds are directed at agricultural businesses (for now).  The guidelines are subject to change. -The Paycheck Protection Program (PPP) loans which were focused on helping businesses maintain their payroll. These loans are forgivable if you fall within certain parameters. -The SBA Express Bridge Loans which were to be fast turnaround loans of up to $25,000 while businesses were awaiting the EIDL funds. -SBA Debt Relief under which the SBA will automatically pay your interest and principal on SBA loans for up to six months. -The Main Street Lending Program which the Federal Reserve will unveil at the end of the month. This loan program is directed at small and medium-sized businesses. She discuss local programs as well. In St. Paul there are two loan programs—the Neighborhood Star Program and the Job Opportunity Fund. Minneapolis has the Two Percent Loan Program and the Great Streets Program. These are largely focused on capital improvements, working capital and job creation. In addition, the Minnesota Department of Employment and Economic Development (DEED) website has a lot of helpful information. Finally, she discusses the importance of having a relationship with your banker to get the services and resources your business needs. If you’re interested in additional information on any of the programs discussed on the podcast, the contact information for Barb Sheldon is as follows: barbara.sheldon@alerus.com 651.288.2319

Tom Tuft in addition to being a family attorney and media provider, previously served on the Second District Ethics Committee as a member or chair for over a decade. He reviews the ethics rules that are most relevant to practicing in a pandemic—this includes rules on competence, confidentiality, communication, diligence, safekeeping of client property including trust account funds, and the responsibility (and challenge) of supervising attorneys and staff while working remotely.

Law students Jennifer Allison of Mitchell-Hamline School of Law and Jackson Graham of the University of St. Thomas School of Law discuss their thoughts and concerns about law school, the bar exam and their future employment as lawyers. For example, there is tremendous uncertainty in that there is no guarantee that there will be bar exam.   The pandemic has already affected the legal job market as employment offers are being withdrawn by law firms.  

Lisa Kallemeyn of Kallemeyn & Kallemeyn, PLLC discusses how her firm and the courts in Anoka County are handling COVID-19.  She explains the frustration of using Webex for hearings in Anoka County as others are moving to Zoom. She discusses how her firm has adapted to the pandemic, by having her staff work from home and reducing office hours. She discusses how she has adapted to using Zoom for ADR, including the use of breakout rooms and the unique value of using the mute button. Finally, she raises her concerns about using Zoom for trials in the near future.

Family law attorney Margaux Soeffker of Margaux C. Soeffker, LLC discusses work life balance. She identifies how she stays connected with friends, neighbors, and especially her family through things like movie nights and mother daughter spa days. She discusses her daily work schedule and the challenges of adjusting to juggling in a world with far less with less structure than what we are used to experiencing. She discusses the importance of checking in with one another more through social media, telephone and text. She addresses the importance of acknowledging the loneliness and other challenges clients are facing, for example, by reminding them about self-care.

Mitch Irwin of Bell Bank joins Tom to discuss mortgage challenges for parties going through divorce in light of COVID-19. He identifies difficulties the industry is facing in light of the low rates and high volumes of closings while shifting to working remotely.  He discusses the challenges of borrowing for a new home where employment is uncertain. He identifies some unique approaches including seeking out co-signers, using retirement account distributions to satisfy Fannie Mae requirements, and seeking gifts or loans from family. He points out limitations in certain categories like jumbo loans and tightened requirements in FHA and VA. He identifies prospective concerns for lending based upon his experience in the Great Recession like raising credit score requirements or tightening loan to value expectations and thus increasing necessary down payments. Finally, he cautions people about pursuing loan forbearance offers unless absolutely necessary.