Month: June 2018

  • Your Unemployment Closing Argument

    Your Unemployment Closing Argument

    The closing argument for an unemployment appeal hearing is supposed to be a summary of the laws and facts in support of a directed conclusion. 

    Unfortunately, a lot of applicants appealing benefits believe their closing argument is an opportunity to spit new information.  This is false.

    Unemployment Tip # 014 – Facts, whether in the form of testimony, documents, or otherwise needs to be shared with the unemployment law judge BEFORE the closing argument.  If an ULJ asks an applicant to give a closing argument and the applicant has more to say or offer, people involved in a hearing are encouraged to beg and plead for an opportunity to present more evidence.”

    Closing Argument: Begging and Pleading

    It is stressful representing oneself pro se, but when doing so, applicants are not literally begging and pleading for an opportunity to offer more information prior to their final statement or argument. 

    From a practical perspective, it is as easy as asking for another opportunity to give testimony share evidence.

    On the other hand, this opportunity comes near the end of a hearing.  A lot of people are not able to recognize an opportunity to advocate on their own behalf.  Whether this is due to stress, anxiety, or otherwise, the key issue is knowing what to look for as the final bell.

    Elements of a Good Closing Argument

    In my experience, I believe a good or even exceptional closing statement does the following:

    • Identifies the issues being discussed,
    • Makes note of specific unemployment laws,
    • References legal cases to support a decision in the employee’s favor,
    • Summaries the facts, and
    • Is crystal clear on the appropriate conclusion.

    In case it is not obvious, a closing argument does not need to be memorized.  Certainly, having notes and practicing beforehand (like you did in your high school speech class) is a great way to iron out bugs.  For those who do not prepare, this can make a good case look bad or a bad case look worse.

    Thus, get everything important onto the record before the closing argument takes place.

  • Hennepin County Transfer on Death Form and Photos from My Visit

    Hennepin County Transfer on Death Form and Photos from My Visit

    Completing a Transfer on Death Deed and recording it correctly is not for the faint of hearts.

    Of course, there are lots of reasons why a TODD should be avoided. Putting this stress aside, if you need help with this process, you found the right place.  

    Estate Planning Attorney

    Help with Transfer Deeds

    Contact Now

    For whatever reason, not enough people are visiting their local recording office. If this is your first visit and your intent is to file a Transfer on Death Deed in Hennepin County, I recommend getting there before the lunch hour and parking near City Hall.  Otherwise, traffic and waiting may become overwhelming.

    On the other hand, if you decide to visit the facility on your own, do not park in the adjacent east parking lot because the parking fees are ridiculous.

    Otherwise, avoid heading downtown entirely by recording documents online or by mail.  That aside, the team of people who work at the Recorder’s Office are awesome, very helpful, and extremely knowledgeable.

    With that, I hope this short post finds you well.

  • The Star Witness for an Unemployment Hearing was in the Mirror

    The Star Witness for an Unemployment Hearing was in the Mirror

    The star witness for every unemployment appeal hearing is always the applicant seeking benefits.  Unfortunately, looking into the mirror can be difficult to handle.  

    Before giving testimony that is unorganized, consider seeking help weighing the good from the bad.

    In the meantime, below are a few tips for an unemployment witness exhibiting the right credentials.

    Unemployment Lawyer

    Help with Unemployment Evidence

    Contact Now

    Star Witness Selection

    A lot of people pursuing an appeal for unemployment love the idea of playing Matlock.  Sorry to burst your bubble, but an unemployment hearing is hardly the place an applicant should be lining up punch lines to win over a jury.  

    First, there is no jury.  Second, the punch line needs to delivered far sooner than minutes before the phone appeal ends.

    When selecting the star witness, I like the idea of working to perfect verbal feedback offered as direct testimony.  Usually, this is the applicant.  After the applicant, there is everybody else.

    Witness Duds

    Including the employee who fighting for their benefits, a witness can quickly turn into a dud when they:

    • Fail to understand the goal of a hearing,
    • Act confuse,
    • Speak with fear,
    • Come across as overly confident,
    • Speculate,
    • Change tunes, or are
    • Aggressively adversarial with a Judge.

    Luckily, unemployment witnesses can change from dud to star with a little feedback, practice, and more practice.

    Witness Scope for an Unemployment Hearing

    How far or to what level a star witness should be prepared depends on the scope of the case.  Very often, a witness cannot speak to every fact or raised issue.  But, speaking to policies and first-hand accounts (even if limited) can be very powerful.

    Being Under Oath is a Rule

    As you might expect, people giving testimony at an unemployment hearing are under oath.  Despite this fact, many witnesses lie when they have an interest in the outcome of the case.

    For this reason, I like the idea of taking notes during a hearing when a lie is presented such that a witness or applicant can circle back and offer additional testimony to disprove a lie.

  • Your Half Sibling Might Inherit More Than You Bargained For

    Your Half Sibling Might Inherit More Than You Bargained For

    A Half sibling in Minnesota can inherit just as much as your full or whole blooded sibling.  Surprising, right?  For some, yes.  For others, like Prince’s half-siblings, not so much.  In Minnesota, we have statute 524.2-107, which says:

    Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.”

    Luckily, you can work around this rule by utilizing a will or trust.  When a person dies without a will or trust, the wild wild west of “intestacy” laws kick-in.

    Half Sibling Gets No Love

    The level of love offered or shared between siblings and relatives makes no difference.  Here in MN, half is as good as whole.  Of course, the rules in other states, like Florida have a different set of rules.

    Really though, where we make our death bed does not matter either.  Instead, its where we have our assets that counts.  For those with assets in Minnesota, treating half-blood relatives as whole blooded takers can have unintended consequences.

    Half Sibling Workarounds

    Like I mentioned above, a purposely planned estate an reduce risk.  Giving away more than we expected or not as much as we hoped is hardly a plan.  

    Instead, I like addressing a half-blooded sibling by incorporating the law and expressing my specific wishes.  I like this approach because it is difficult to predict when or if the law on half relatives will change.

    Even more significant, in the history of Minnesota, the statute on half-blooded siblings has only been addressed twice with half-blooded relatives showing up about very infrequently.  In case you are looking for additional resources for assistance, check out these cases:

    • McDonnall v. Drawz
    • LamFramboise v. Day
    • Boeing v. Owsley
    • Atwater v. Russell

    Unfortunately, these case are so old, the only way to track them down is by visiting Minnesota’s law library.  Nonetheless, they are worth reading.  Nonetheless, an estate plan incorporating a half-sibling calls for exact and specifically expressed intentions.

  • A Mean Obituary Hurts Everybody and Accomplishes Nothing

    A Mean Obituary Hurts Everybody and Accomplishes Nothing

    Did you see the mean obituary floating around on the internet from a Minnesota family?

    Until now, I had not seen anything like it.  At first, I found the obit amusing because it was so unusual.  After 24 hours, I have come to my senses.

    Writing a Mean Obituary is Bad Judgment

    Writing an obituary is hard.  Using an obituary to send an ugly message is bad judgment on many fronts.  Here are a few reasons:

    1. The act of dying is a teaching moment.  Likewise, caring for our dead is a teaching moment too.
    2. Obituary notices are viewed as a legal notices to the general public.  Future generations need a clean slate.
    3. Writing a hurtful obituary breaches the Golden Rule
    4. Wishing another person damnation violates simple Christianity teachings
    5. Bearing a false statement (even in an obit) breaks the 10 Commandments

    Should You Criticise the Drafter?

    Of course writing a mean obituary is an easy trap to fall into.  Usually, these types of notices are written a few days after a person’s death.  Death inspires emotion, good and bad.  Unfortunately, an unclear mind led to bigger problems.

    To prevent this issue, I like the idea of using this example to inspire others to draft their own obituaries.  I get it, it sounds morbid.  But really, it is an opportunty to reflect and set future goals.  If it helps, call it a Legacy Letter.

    Either way, it is a sure way to avoid a mean obituary and reduce stress for our family.

    Elements of a Happy Obituary

    Writing a happy obituary means shooting for a Grimmy Award.  For those wishing to take on this exercise, here are a few tips:

    • Use a youthful picture,
    • Include a name, maiden nam, and nick name,
    • Identify a birthday and date of death,
    • Reference children by their first name,
    • Limit grandchildren to a number.
    • Embed a catch phrase used by the deceased,
    • Express talents and joys,
    • Describe what the deceased gave to others,
    • Include a reference to their military service, and
    • Make reference to a final resting place
  • Hope for Unemployed Law Students Taking the Bar Exam

    Hope for Unemployed Law Students Taking the Bar Exam

    Taking the bar exam as an unemployed law student can be overwhelming when students are just trying to pass their test.   In my years, I have spoken with hundreds of law students experiencing this same process.

    Generally speaking, everybody has a different approach.  Today, I want to share a quick outline of a more effective strategy.

    Meet Mr. and Mrs. Bar Exam

    Bar Exam

    First, I like the idea of framing the bar exam as an achievable goal that will help students turn into future lawyers.  In other words, if passing the state law exam is my goal, I immediately create a wall, which will hurt if I run into it at full speed.  If the only reason to retain information is to dump it onto an exam, that student and exam taker will lose.   

    Instead, I like the idea of framing the bar exam as an opportunity to prepare myself for future clients.  The bar exam is no longer a thing, it is a person.  As a result, allow me to introduce you to Mr. and Mrs. Bar Exam.  They have children.  They have a business. They owe taxes.  They have a complex living arrangement.  They fell on the ice.  They are the victims of a crime.  They entered into an unconscionable contract.  And, they need your help.

    If you study each law exam topic as if you will need it to advise future clients, then every detail matters and my hope for you is that you will retain every detail.  The Bar Exam family need you, right now, to exhibit 100% effort so their legal issue can get resolved.

    Bar Exam and Your Calendar

    Second, the idea of circling the bar exam test dates on a calendar is an absolute joke.  Serving Mr. and Mrs. Bar Exam is a process that requires methodical planning.  The end date isn’t as important as the process of retaining information and serving the issues that get asked.

    Own the present.

    Historical Records Help You Serve Mr. and Mrs. Bar Exam

    This next point is going to blow your mind.  You live in an apartment down the road from your school, right?  Do you recall the first time your toilet plugged and you were fearful of toilet water hitting the floor?  For a brief second, that was scary, right?

    Well, the second time it happened it wasn’t as scary because you quickly realized how to overcome the issue, after all, it wasn’t your fault the landlord hadn’t replaced your apartment’s toilet parts in over 15 years.  In other words, your past experience helped you address a same or similar problem.

    Practicing law is problem-solving.  Past legal problems help lawyers serve present legal problems.  There are many ways to gain experience.  Two effective way include:

    • Time, and
    • Reading.

    Luckily, you have time to read.  I encourage all law students preparing themselves for a bar exam to read and work through practice problems.  I like the idea of using practice multiple choice questions because a student can cover a lot of ground in a short period of time.  One source of exam questions can come from here.

    Thus, the more you practice problems you work through, the better prepared you will be when Mr. and Mrs. Bar Exam ask for your help.

    Unemployed Law Student Taking the Bar Exam

    Of course, all of this is only worth your time and effort if you pass the exam.  Being unemployed is scary.  Being unemployed and failing the Exam is even scarier.  For me, the fear of failing was just as compelling as the strategy I addressed above.

    If that doesn’t work, then perhaps the Chinese Bamboo Tree is your saving grace.  Either way, I believe you are going to be successful at serving Mr. and Mrs. Bar Exam.

    If during this process you are audited by an employment agency or are offered a non-compete contract, please reach out.  In the meantime, keep working hard.

  • Unemployment Rate Trick Questions

    Unemployment Rate Trick Questions

    The news about the unemployment rate shouldn’t impact an appeal, but it does.  In case you missed it, supposedly the unemployment rate dropped to another low rate, like it had in other years. For many of my Clients, this does nothing to help with an appeal.  In fact, it can make matters worse.

    Each year seams to create different application question or other issues of significance. This is usually based on cases heard by Minnesota’s Court of Appeals. As a result, every applicant should be on guard for trick questions that ultimately impact their eligibility for unemployment benefits.

    Below, I will address these tricks and the pink elephant.

    Impacts On Unemployment Appeals

    No, the unemployment rate does not impact DEED or unemployment law judges on how they should decide a claim. Instead, it is a term of art.

    The term “unemployed” is an economic principle that means a person wants a job, but they do not have a job.  People who do not want a job are not considered unemployed.

    When the rate of unemployed workers gets to high, our government (Minnesota and Federal) have the opportunity to extend benefits. We saw this in 2007, 2008, and again during the Covid Pandemic.

    In other words, instead of getting unemployment for 26 weeks, people can sometimes receive benefits for 52 weeks (or more).  When this happens, it can cause lots of audits, appeals, and overpayment issues.

    Unemployment Rate Stress

    The unemployment rate cannot impact whether you apply for a job. Instead, the rate of our unemployed tells us more about wage negotiations. This is true for both a high unemployment rate versus a low rate.

    In other words, refrain from allowing your job search process to be impacted by UI stats expressed in the news. For those that allow this to seep into their process, this can be detrimental and raise eligibility and job search issues.

    Yes, being unemployed stinks.  But, a new job or a job to help us land a more ideal job is right around the corner. This means that we sometimes need to seek out a job versus a new career. The new career can come later.

    Unemployment Trickery

    Let’s address the pink elephant in the unemployment office. Every time an Applicant communicates with a representative at the unemployment office (phone person, work force center, judge, etc.), they risk their benefits.  Why would this be?

    Minnesota has a long list of eligibility conditions.  These conditions are tricky. Many of these conditions are found at Minnesota rule 268.085. Others are found elsewhere.

    For example, imagine talking with the unemployment office and being asked about a job search, which eventually leads to “how many jobs have you applied for?”

    Before applicants answer questions embedded or hidden, view all communications as an extension of your application, I like the idea of b