This page provides an overview of the key information related to Minnesota attorney registration and searching official databases of Minnesota attorneys.

Minnesota Attorney Registration

Minnesota attorney registration is handled by the Minnesota Lawyer Registration Office, a branch of the Minnesota Courts:

Minnesota Lawyer Registration Office
Minnesota Judicial Center
25 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155
Tel: (651) 297-7650

Minnesota Lawyer Registration (MARS)
Minnesota Judicial Center, Room 305
Tel: (651) 296-2254
Fax: (651) 297-4149
Email

Minnesota Attorney Registration Web Pages:

• Minnesota Lawyer Registration
• Minnesota Attorney Registration Fees
• Minnesota Attorney Registration Statement Form
• Minnesota CLE Requirements FAQ

Minnesota Attorney Search

You can search official databases of registered attorneys in Minnesota using the following links:

Searchable Database of Registered Attorneys - Results include attorney’s name, address, license number, date admitted to practice law, status of law license, and malpractice insurance company

Attorney’s Ethical Violations Search – Results include lawyer’s name, date admitted to practice law, whether attorney license is active, whether public ethical decisions are on record, and city and state of attorney

Disbarred and Currently Suspended Lawyers - Results include attorney’s name, license number, date admitted to practice law, status of law license, discipline imposed, discipline date, and case citation

If you are hearing the term summary judgment and are concerned, you are probably right to be concerned about what that is. Summary judgment, if granted, is a ruling about the case or an aspect of the case before trial. It is a ruling that is given in lieu of trial on that case or on that aspect of the case. And if granted, it means that case or aspect of the case will never be litigated again (unless there is a successful appeal).

Summary judgment motions are rarely granted, but have very serious consequences if they are.

No Dispute About the Material Facts

The Minnesota Rules of Civil Procedure say that summary judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that either party is entitled to a judgment as a matter of law.” MINN. R. CIV. P. 56.03.

What does this mean? This means that the court looks at all the evidence before it at the time of the motion, including the filings by each party. The court is looking to see what is disputed and what is agreed upon.

Sometimes all parties agree about the facts of the case (i.e., what happened), but do not agree about what the law says. In this circumstance, the court can determine the law and then the agreed upon facts will clearly favor one party or the other, and the court may issue summary judgment for party who has the law on their side.

However, if the law is clear, but the facts are disputed, then the court will not grant summary judgment and will allow the case to proceed to, and be determined by, trial.

Admitting Facts

Sometimes, through the discovery process and investigation, one party makes factual admissions that can be used against them in summary judgment, and prove to the court there is not dispute of important facts, and that both parties actually have said the same things. Then the court may just apply the law and find in favor of one side or the other in summary judgment.

Summary judgment is a great tool for a party who has an opponent with no case, an opponent who has admitted all the material facts, or an opponent who only disputes the law.  Summary judgment cuts down on the cost of trial, yet may end the case with a ruling in one’s favor.

The Sky’s the Limit

In their simplest form, contracts are merely mutual promises. These promises may be between two people or two businesses. They may be among more than two people.

There are certain actions that must be taken in order to form a contract. Contracts provide multitudes of options, only limited by your creativity (with a few exceptions). You are not permitted to agree to something that violates laws or policies. Other than that, you are free to agree to anything you want, as long as three elements exist:

1) Offer

2) Acceptance (accept the offer)

3) Consideration (each party is getting something from the deal)

Contracts May Be Oral or Written

Contracts may be verbal or they may be in writing. A written agreement is easier to prove, however, a verbal agreement is equally valid.

Contracts are Mutual Agreements

Contracts are the mutual agreement of two or more people. There can be no contract where there is no agreement. This is sometimes called a requirement of a “meeting of the minds.”

Offer

An offer is made when one person tells another they are willing to enter into a particular agreement.

For example, I say to you, “I am willing to give you $50 to give me a ride to the airport this Friday.” I am making you an offer. The particular words I use are not important. I could have said, “Will you take me to the airport this Friday? I’ll give you $50 if you do.” This will have the same effect. I have made you an offer.

Acceptance

An offer may only be accepted by the person to whom it was made.

Your friend cannot accept my offer of $50 in exchange for a ride to the airport. Only you may accept this offer because in the above example I only made the offer to you. If you agree to my offer and all of its terms, you have accepted my offer.

If you say, “I’ll take you to the airport this Friday if you pay me $50,” you have accepted my offer. If you only agree to some of my terms, you have not accepted the offer and I do not have to agree to your changes. If you say, “I’ll take you to the airport this Friday for $100” you have not accepted my offer. You have made a new offer that I am free to accept but I am not required to do so. If you say, “I will take you to the airport next Tuesday for $50” you have not accepted my offer. Again, you have proposed to me a different offer that I may accept or reject.

Consideration

All contracts require consideration. Consideration is what each side gives up in exchange for what is or she is getting from the contract.

My consideration in the above example is my payment to you of $50. Your consideration in the above example is giving me a ride to the airport.

Under most circumstances, without those promises going both ways, there is no consideration and therefore no contract.

Consideration may also be found in a promise not to do something. If I say I will pay you $50 not to do something, your promise not to do something is also consideration. You are still giving something up – you are giving up the right to act in a certain manner.

A fiduciary is a person required to act for the benefit of another within the scope of their relationship. A fiduciary owes a certain standard of loyalty or care toward another.

The law imposes this duty based on the relationship and the need to protect one person from the harm that may be inflicted upon him or her by someone else, often someone in a position of trust.

What are the Consequences of a Fiduciary Breaching a Duty to Another?

A fiduciary that breaches his or her fiduciary duty is liable for damages and may be subject to other equitable remedies.

Damages are monetary awards by courts imposed in order to compensate a party who has experienced a loss based on the conduct of another.

An equitable remedy is a remedy imposed based on fairness. Equitable remedies are often imposed when monetary damages are difficult to ascertain or do not adequately compensate for the loss.

The remedy for breaching a fiduciary duty varies depending on the facts and circumstances of the case.  If monetary damages are sufficient courts often impose only monetary damages.  If money is insufficient to compensate for the loss caused, courts will impose equitable remedies.

Breaches by Officers and Directors of Corporations

Officers and directors have no right to divert corporate property for their own use. If an officer or director engages in this type of conduct, he or she will be liable for a money judgment for the value of what was diverted.  This means a court will calculate the amount of money the corporation lost due to the wrongful actions of the officer or director and make the officer or director pay the corporation for that loss.

Alternatively, the officer or director could be deemed to be simply holding the diverted assets or resulting profits in trust for the corporation.  Rather than requiring the officer or director to pay back some monetary amount, the court simply orders than all monetary assets from that which was diverted has always rightfully belonged to the corporation.  There is nothing to repay – it is already owned by corporation.

Breaches by Majority Shareholders

Majority shareholders of closely-held corporations owe fiduciary duties to the minority shareholders. Majority shareholders have quite a bit more control over what happens within the corporation than do minority shareholders.  Therefore, courts impose fiduciary duties upon majority shareholders.

Shareholders of other business entities may owe similar duties. Majority shareholders of closely-held corporations owe duties of loyalty and care, honesty and integrity, and disclosure of material information to the minority shareholders.

If a majority shareholder breaches his or her duties to a minority shareholder, a court will award damages to the minority shareholder or shareholders, or impose an equitable remedy.

It is difficult for a minority shareholder of a closely-held corporation to sell his or her shares because there is no open market for those shares. The minority shareholder may be forced to take less than a fair value for the sale of his or her shares. If a majority shareholder breaches a fiduciary duty to a minority shareholder a court may require the majority shareholder to pay the difference between fair value and the actual sale amount of the shares to the minority shareholder.

Breaches by Partners in Partnerships

Partners in business together must keep in mind the fiduciary duties they owe to the partnership as well. Partners who do not comply with these duties will be found liable by courts.

Courts will find that the profits or assets acquired by partners by violating their duties really belong to the partnership. This is called a constructive trust. Courts find that the violating partners were merely holding the profits or assets for the partnership and that these profits or assets actually belong to the partnership.

Reasoning

Lawmakers want to protect people with less control or power from the unfair actions of those with power.  This is the basic idea behind fiduciary obligations.

Owners in a closely-held corporation owe duties to each other. An owner, or shareholder is subject to legal liability if he or she violates a duty owed to another owner, or shareholder. The duties owed can be complex.

Duties and Obligations of Minneapolis Owners and Shareholders

In Minnesota, the shareholders in a closely-held corporation owe fiduciary duties to other shareholders, because their relationship is similar to that of partners.

According to Minnesota state courts, fiduciary obligations in closely held corporations impose on each shareholder the “highest standards of integrity and good faith in their dealings with each other” and require each shareholder to deal “openly, honestly and fairly with other shareholders

Shareholders in closely held corporations have a duty to disclose material information about the corporation. The question of what information is “material” turns on the facts and circumstances of each case. A balancing of both the indicated probability that the event will occur and the anticipated magnitude of the event in light of the totality of the company activity, is necessary.

Reason for these Duties and Obligations

One reason owners of closely-held corporations have obligations that are not imposed on owners of other large corporations is that it is more difficult to sell one’s shares in a closely-held corporation. There is no readily available market for these types of shares. This may also be one of the main reasons closely-held corporation owners initiation legal action – they feel no other realistic alternative.

Relief to Owners and Shareholders for Violations of the Duties and Obligations of Other Owners

The law in Minnesota provides relief to minority owners of closely-held businesses who have been treated unfairly by other owners in violation of the other owners’ obligations. Because the law in Minnesota requires closely-held business owners to act in accordance with the above obligations, courts will impose penalties on those who do not.

A court must determine the appropriate remedial action. In doing so, courts will consider owners’ obligations to be honest and fair with respect to the other owners. Courts will consider the expectations of all the owners of the corporation, both as they were when the business was created and as they developed over time.

Once you are past the basics of forming an LLC you need to ponder other practical considerations. Your business needs a bank account. You may need additional licensing for your business. You will need to renew your business upon occasion, or at some point you may wish to let it lapse.

Keeping Business Money and Personal Money Separate is Essential

Whether you knew it or not, the main benefit to forming an LLC rather than a different business entity is that you receive protection from personal liability for the acts of the company. You are always liable for your own actions, but if you have an LLC, only the business is liable for the acts of the company and the other people (aside from you) acting on behalf of the business.

Even though you have an LLC, you can destroy the limited liability and personal protection the LLC was designed to give you. One way you can destroy that protection is by mingling your personal assets with your business assets. It is very important to open a business bank account and keep your business funds in that account.

Do not put any personal assets into this account and do not put your business assets in your personal account. Depending how you pay yourself, upon earning funds you may transfer those funds from your business account to your personal account. There needs to be a clear payment from one to the other, and not simply messy baseless transfers. You and your business are separate entities.

After filing or registering your business with the Minnesota Secretary of State you must obtain a business bank account for your business. Your bank will probably not be able to open an account for you before you register your business. You may use a bank in any state you wish for your Minnesota business.

First, call the Internal Revenue Service (“IRS”) and obtain a taxpayer identification number, also called an Employer Identification Number, or “EIN.” The IRS will ask you some simple questions and then provide you with this number. Your bank needs this number in order to open your business account. There may be other documents that your bank wants you to provide before opening the business account, such as your Articles of Organization, etc.

Additional Licensing for the Business

You will also want to make sure you have, or do not need, additional licenses or registration for your business due to the type of business. For example, most health care professionals, attorneys, cosmetologists, etc. must obtain licenses before practicing or working in those areas.

Renewing Your Business Registration and Letting it Lapse

If your business is an LLC, which is a common choice, you must renew your registration every year. The process is quick, free, and may be done by filling out a form online.

If you wish to close down your LLC and you don’t have creditors or owe money, you can simply let it lapse by not renewing it when the time comes.

If your business is sued and you wish to let it all just be taken, you may do so. As long as you kept separate your business records and funds from your personal records and funds you will not have any personal liability for the acts of your business. However, you are always liable for your own acts, whether engaged in the course of business or acting in a personal capacity, and in those circumstances you are always personally liable.

When someone forms a new limited liability company (“LLC”), there are several decisions that must be made before the business is actually formed or the proper documents are filed with the Minnesota Secretary of State. Three necessary decisions must be made in advance:

1. What should the business be called and what are the legal limitations?

2. Where should the business be located?

3. Should I own the business individually, or with my spouse?

The Name of the LLC

A common area of inquiry deals with naming your business and trademarks. You may not name your business a name that is trademarked. You also may not use a name that is already the name of a business registered with the Minnesota Secretary of State. You may search the Minnesota Secretary of State website to see if your name has already been registered by someone else.

Additionally, if your business is a limited liability company it must have “LLC” at the end of its name. It is your choice whether to put a comma before the “LLC” and is simply a matter of preference. The more traditional format is to use a comma. The more contemporary way is to not use a comma.

You must use the “LLC” at the end of its name to communicate to the public its limited liability nature, or you will not preserve its limited liability. If you do not want to refer to your business as an “LLC,” you may file an assumed name or a “doing business as” name with the Minnesota Secretary of State. You must also pay a filing fee and publish notice of this assumed name two times in a legal newspaper in the county of your business.

The Address of the LLC

You may use your physical home address as your business address if you wish. There may be zoning laws prohibiting certain residential properties from being used as commercial property, but the laws regulating Minnesota businesses permit a physical home address to be used for the business address.

Owning an LLC with a Husband or Wife

When going into business with a friend or acquaintance it is important to legally establish who owns the business in the filings and other documents of the business. However, when going into business with your husband or wife there are other considerations.

If you own a business individually and you are married, your business is considered marital property in the state of Minnesota. Under those circumstances, both you and your husband or you and your wife own that business. If you and your husband or wife divorce in the future, the business will be divided in the same manner as other marital property, regardless of whether it was only filed with one owner.

The nature and scope of the employment relationship may be determined by the employer and employee, through a contract, or left to the default rule under the law. The default rule is that employment is “at-will.”

The Default Rule

At-will means that the employee is free to quit at any time, just up and leave, without explanation and for any reason. It also means that the employer may fire the employee at any time, without cause. The employee may be fired even if the employee has done nothing wrong, as long as the basis for termination is not based upon discriminatory reasons.

There are three exceptions to the at-will rule:

• (1) where there is a separate promise or action, beyond the employment services performed by the employee, a contract may be created limiting termination of employment only to circumstances where there is good cause,

• (2) where one person promises something to another , that promise causes the other to take some action in reliance on the promise, and a decision not to enforce the promise would harm the other party, the promise will be enforced, and

• (3) where the termination provisions in an employee manual are specific and definite enough to form a certain type of contract, a unilateral contract, the terms of the employment will no longer be at-will. Termination is for good cause if the employee does not comply with the standards of the job performance that the employer established and uniformly applied.

Contract Away from the At-Will Default

Employers and employees are free to decide that they do not want to be governed by the standard at-will rule, and contract or agree to something else. Employers and employees are free to agree to terms of employment including length and circumstances permitting termination of employment.

Where there is an employment contract, whether written or oral, basic rules of contract law apply. These applicable basic contract rules include how to determine whether a contract has been created and whether it has been breached, or broken.

Basic Contract Rules

These basic contract rules are found in the principles of offers, acceptance, and consideration.

• An offer is an expression of a willingness to enter into a particular agreement by one party.

• An acceptance is an expression of a willingness to enter into that same agreement by the other party.

• Consideration is what each party does or gives up in exchange for the other’s promise.

If I give you one hundred dollars to dig a ditch, the consideration I am giving is one hundred dollars. The consideration you are giving is digging the ditch. All contracts, even employment contracts, require consideration.

There are many other relevant basic contract rules that apply to the negotiation of contracts. Not all offers made are accepted. Sometimes they are rejected. Sometimes counteroffers are made. Each action has a consequence. Each action has time limits and rules related to when the action is no longer permitted.

As experienced Minneapolis divorce attorneys, we understand that you are going through one of the most difficult times in your life. We recognize that the best divorce attorney is more than a legal actor. A successful divorce attorney seeks to understand your particular goals, be sensitive to unique circumstances, and takes care of the legal pain so you can focus on other important areas of your life.

Getting through a Minnesota Divorce

Some divorces are painstaking and some are pain-free.  Some divorces are filled with anger and resentment and some are the friendly termination of a relationship.  Regardless of the emotional drive or response to a divorce, the legal aspects must be decided.  Some people do not contest divorce, and some do.  Each person’s divorce is different and each type of divorce deserves careful attention by an attorney.  Your divorce deserves careful attention by an attorney to ensure you do not get the raw end of the deal.  You are the one who knows what you want out of your divorce and a lawyer can put into action a plan to achieve your goals.

You Decide Your Goals | Your Divorce Attorney Implements a Plan to Achieve Your Goals

A Minneapolis divorce attorney at the Twin Cities Law Firm, LLC will listen to your goals, your priorities, and your views on the family and the potential outcomes, and put in place a plan to help you achieve these goals throughout the entire case.  In many divorces there will be questions related to child custody and support, spousal maintenance, and the division of assets.  It is important that you have the guidance of a professional through all of these aspects of divorce.

Contested Minneapolis Divorces

Contested divorces are generally more contentious than uncontested divorces.  You need an attorney not only to represent your interests, but to listen to what those interests are.  You need an attorney to file the proper documents and respond to the documents filed by your spouse.  You need an attorney to gather information and complete the discovery process on your behalf.  You need an attorney to represent you through settlement or trial.  Often times temporary child custody or support orders are necessary early on, before the merits of the case are able to be decided.  Our attorneys can gather information for you, predict your spouse’s strategy, and work to obtain the best result for you based on what you want.

Uncontested Minneapolis Divorces

Uncontested divorces are obviously less contentious. Often times the parties can agree on how things should be – for example, who should have the children and when, how to divide the property, whether one side should pay child support or spousal maintenance. Sometimes that means a person doesn’t need a lawyer, but not always. Often times one side hires an attorney to draft the divorce petition, marital termination agreement, and divorce decree. The other side may, however, want his or her own attorney to review these documents to make sure there isn’t anything harmful, confusing, misleading, or hidden in the documents. Regardless of which side you may be on, attorneys can be necessary in uncontested divorces, but they will also be less expensive than they would be in a contested divorce.

Peace of Mind

Lastly, our attorneys can help you find peace of mind. You will know at the end of your divorce that you achieved the best result you could, that you were not kept in the dark or fumbling around without really understanding the legal process and your options. You will know that you stood up for yourself, whether your divorce was amicable or contentious. And through the entire process you will have peace of mind knowing that someone else, your attorney, is making sure nothing slips through the cracks or happens without you noticing, so you can do your best to continue with the rest of your life, your responsibilities, and your routine.

Looking for a Minnesota Lawyer? Below is the list of attorneys I recommend based on your area of need.

Minnesota Criminal Attorney

Jesse Hall is an outstanding criminal defense attorney experienced in over 1,000 cases including DUI, DWU, drug charges, manslaughter, white collar crimes, fraud, theft, and more.

Minnesota Family Law and Divorce Attorney

James Diley is experienced in family law matters including divorce and custody disputes.

Minnesota Bankruptcy Attorney

As a Minnesota bankruptcy attorney, Joe Wentzell has over 20 years of experience as an attorney in Minnesota helping people who owe money (debtors), people who are owed money (creditors), and those filing for bankruptcy.

Minnesota White Collar Criminal Defense Attorney

Having spent years as a prosecutor, Jon M. Hopeman now defends clients facing the most serious white collar crime charges. Clients like Denny Hecker and Tom Petters were represented by Jon Hopeman.

Minnesota Wills and Estate Planning Attorney

Eric Brever is known for his vast understanding of tax and probate law, allowing him to identify the best ways to save his clients a substantial amount of money using wills, trusts, and a host of other estate planning vehicles to reduce taxes at death.

Minnesota Business Attorney

Aaron Hall is a Minnesota business attorney experienced in contract law, ownership fights, and business lawsuits.

Minnesota Employment Attorney

Shirley Chase previously served as the Minnesota Commissioner of Labor and currently helps employees who have been wrongfully terminated or are owed back-wages.

Minnesota Immigration Attorney

Immigration attorney Sandra Feist is experienced in visa and immigration law issues and serves at a firm dedicated to helping people with immigration legal issues.

Minnesota Real Estate Attorney

Robert “Bob” Foster is an experienced real estate attorney representing parties in commercial and residential developments and transactions for over 25 years.

Minnesota Tax Attorney

Experienced tax attorney, Tom Brever, works with clients facing audits and severe tax problems. Tom works with the IRS on a routine basis. He has an outstanding understanding of tax law and is experienced in communicating it to judges and IRS agents.

Minnesota Litigation Attorney

As an experienced civil litigator, attorney Aaron Hall has represented clients in fights over business ownership, contract disputes, and million dollar cases.