In the alternative, a debtor can file for chapter 13 bankruptcy, commonly referred to as “debt restructuring” bankruptcy, the effect of which is to negotiate with your creditors to pay off your debts within three to five years at a lower rate.  Rather than freeing you from your unsecured debt like a chapter 7, chapter 13 simply restructures your debt to a more manageable amount.  In a chapter 13, you don’t have to liquidate any assets (as in a chapter 7) and your credit rating doesn’t take a big hit (like it would in a chapter 7).

For further information, you can call us at (612) 355-2200.

The litigation attorneys at Parker & Wenner are in constant contact with our Minnesota Judges both at the State and Federal level. The following general observations are intended to help the lay person understand the individual judge who is or will be making crucial legal and factual determinations on their particular matter.

In general, judges have no special expertise in the law. While there are some specialized courts (e.g. bankruptcy court, family court, probate court, and juvenile court), the majority of judges work in courts that have the power to resolve any type of dispute people might have. Consequently, most judges are asked to resolve a wide variety of legal issues every day. Even the most experienced and knowledgeable judges find themselves confronted with issues they have not addressed before.

Unlike most judges, most attorneys specialize in a few areas of the law. Consequently, attorneys have the ability to become acquainted with the fine details in a given area of the law. Thus, attorneys are often in the position to instruct the judge about important legal aspects of a dispute. In addition, as officers of the court, attorneys have an ethical duty not to mislead the court about the law. Because of all this, judges are able to trust that attorneys will provide them with valuable insights into the law.

In addition to their limited expertise in the law, judges are extremely limited in their knowledge of the facts surrounding a particular dispute. Unless a case proceeds to trial (and less than 20% of cases actually do proceed to trial), a judge is rarely given a full picture of the dispute. Furthermore, the average judge in Hennepin County, Minnesota for example, has over 120 active cases at any given time. As a result, the time that a judge can devote to a particular case is quite limited.

In contrast, attorneys acquire intimate knowledge of their client’s dispute. They can devote the necessary time to understand their clients’ perspective. Using their knowledge of the law, they can then highlight for the judge those facts that are important from a legal standpoint. At the same time, they can filter out facts that are not legally relevant.

When appearing in court, there is no requirement that an individual be represented by an attorney. However, more often than not, having an attorney is a good idea. Not only can they protect your rights, they can help the judges understand your side of the story. The judges I have met in the court system take their work seriously. They strive to make correct decisions, because they know that making a bad decision can have devastating consequences for the people involved. In exercising their duties, they strive to be fair to all parties. In striving to be fair, judges are often reluctant to make a decision unless asked to do so by a party. Instead, they rely on parties to present their respective positions in the best possible light and request the relief that the parties deem most appropriate. An attorney can help them do that.

For questions pertaining to any litigation related issues please call Boris Parker at (612) 355-2201 for a free telephone consultation.

Elimination of Debt in Minneapolis, Minnesota

We recently ran an article regarding eliminating your debts and similar obligations without filing for bankruptcy.  Many readers called us with a variety of questions, some of which I want address in this follow up post. We are your Minnesota Debt Elimination Attorneys.

First of all, one of the most utilized services these days by our clients is attorney assistance with negotiation and elimination of credit card obligations.  The main question we get from clients is, “We don’t want to file for bankruptcy, but our debts far exceed our assets, the value or equity in our home is gone and we have thousands of dollars charged on our credit cards, what can you do to help us?”

My answer is that, over the past ten years we have been able to negotiate client’s debts with credit card companies down by approximately 80% of the total outstanding balance existing at the time you retain our firm.  For example, if you have a $10,000.00 credit card debt owing to Chase Bank, we have been fully and finally settling this type of obligation for approximately $2,000.00.  That is a saving of roughly $8,000.00 to you.

Eliminating Debt in Minnesota | Minnesota Debt Elimination Attorneys
The next question we get asked is “How does your negotiation actually work?” The concepts are employ is no different from our handling of complex business matter.  We take a hard negotiation position that has factual and legal basis and try to achieve the best result for you.  If we take the $10,000.00 Chase Bank example, once our client has stopped paying on the card due to his/her financial inability to continue to make payments (which are in many cases interest only, so the debt never gets reduced), Parker & Wenner, P.A., sends out a settlement offer (after meeting with our client and setting up a plan of action) to Chase offering 20% ($2,000.00) of the outstanding debt as a full and final settlement of that account.  In the letter we set forth the reasons that our client is unable to pay more, such as unemployment, health issues or overexposure to the real estate or other markets.

After receiving our settlement offer the credit card company or a collection agency engaged on its behalf, contacts our office regarding settlement of the account.  Typically, the settlement proposals from the credit card company start at a discount of 50-60%.  However, we have been successful in getting the discount up to 80-85% of the outstanding balance.  Once an agreement has been reached on the settlement amount ($2,000.00 in our example) the credit card company or its representative sends our firm a letter acknowledging same and requesting payment.  We confirm the settlement amount with our client and then send a final settlement letter to the credit card company accepting the settlement and providing payment instructions via automatic withdrawal from the client’s bank account.

We receive a confirmation letter when the payment is received indicating the matter is closed.

Finally, another important issue that gets raised is the potential tax liability for the settled or reduced debt amount.  The credit card company often sends a form 1099 to the IRS indicating the amount of the discharged debt.  The IRS will treat this amount as income unless the client can demonstrate that he or she was “insolvent” at time of settlement and is therefore exempt from tax under Section 108 of the IRS Code.  The IRS, pursuant to Section 108 does not tax the discharged indebtedness of individuals it considers to be insolvent; in other words when the individuals’ liabilities exceeded the fair market value of their assets immediately prior to the settlement date.  There are also other exclusions from income that may apply to an individual case, such as the Mortgage Forgiveness Debt Relief Act.  Consequently, with the help of a good CPA or tax preparer, clients who qualify as “insolvent” avoid any income liability to the IRS as a result of the settlement.

If you have any questions regarding debt consolation or negotiation, whether that debt was accumulated in the form of credit cards or other loans call us at 612-335-2200 for a free consultation.  Each situation is different and requires independent analysis and advice.

As uncertainty continues to permeate our economy more and more debtors have difficulty paying their bills. A creditor or borrower is in constant competition with those similarly situated and must fight for position and priority in the collection of the debts owed to them from various borrowers and debtors. Often times a creditor or lender makes life difficult or easy for itself based on how the underlying transactional documents were prepared by the creditors/lender’s attorneys and the forth sight that was used in the initial stages of the contractual negotiations for purposes of providing the creditor/lender with remedies and easy access to the debtors/borrowers assets and sources of income for security collateral as each particular situation may provide.

It is very important for a lender/creditor in the early application process to obtain the necessary information on a particular borrower or debtor which could be used in the collection process to help the creditor or lender collect the monies due it. Financial statements information with respect to places of residence, social security numbers, driver licenses, spouses and relatives, bank account numbers and bank locations along with the employment information are all crucial to the collection process, and can save lots of time and money in pursuing the particular debtor or borrower. Such information is also in most cases easily obtained from a particular debtor or borrower at the time that they are applying for a loan or lease or any type of credit. In addition to the background information which is critical to the collection of unpaid loans or debts perhaps the most significant aspect of debt collection is lenders or creditors ability to obtain personal guarantees and not only from the debtor but also the debtors spouse in any arms length transaction. If lender or creditor has in its possession the personal guarantee of a debtor’s spouse the likelihood of success on collection for that particular account arises exponentially. Other significant language which needs to be in every contract between a lender and a borrower or a creditor and a debtor deals with the default provision of a particular agreement and the language contained therein with respect to their responsibility of the debtor or creditor for all costs, disbursements and reasonable attorney’s fees plus interest in any collection process that has to be initiated by a lender or creditor. Similar importance are acceleration clauses where the lender/creditor can make the entire debt come due and owing upon a default by a debtor or creditor. Jurisdictional provisions along with choices of law are also of equal importance. One is dealing with an out-of-state or foreign debtor or creditor and if one or more debtors or creditors are involved they joint in several liability provision is necessary. These provisions only highlight the importance of having the proper language in any agreement and are only a few of many such provisions that must be included in any lending situation in which optimize a lenders/creditors ability to put a squeeze on a defunct debtor and to optimize the chance and potential for maximum and complete recovery of all amounts due and owing pursuant to any particular agreement.

Debt collection practices in general are regulated by the Fair Debt Collection Practices Act and the act was enacted to eliminate abusive debt collection practices by debt collectors including those practices that are false, deceptive, unfair or harassing. Any creditor or lender that does more than a handful of debt collection activities a year must comply with the FDCPA. The FDCPA limits debtor collector’s ability in terms of ways he or she can communicate with the consumer/debtor directly. The debt collector cannot communicate with the debtor at an unusual time or place, communicate with the debtor directly if the debtor has an attorney to represent him or her regarding the manner of debt or communicate with the debtor’s place of employment. Although the FDCPA applies to business debts in very few incidences it is still in all cases very important to use a formal process in collecting on any type of debt. Any letters sent to debtors should be identified as attempts to collect debts and that any information obtained through that process will be used for those purposes. Where collateral is involved a self-help process or repossession should be used with extreme caution with recourse to court of law always being the best and the safest alternative.

The collection of a loan or debt should begin with the review of the initial financial and personal information provided by the debtor followed up with a notice letter to the debtor and any guarantors or cosigners both certified and regular mail indicating that such and such amounts are due and owing and if not paid within a specified period of time legal action will be initiated. If a positive response is not thus obtained by way of notice letter, a credit search or an asset search should be done on the debtors and any guarantors who determine their ability to pay for the outstanding debt and thereby assess the chances of collection of all of the amounts due and owing to the lender/creditor. The asset search also will help the lender/creditor to determine whether the initial disclosures made by debtor or borrower during the application process was accurate or misleading and will assist the lender/creditor in any negotiation process which normally takes place in the debt collection process. If the response to the notice letters has been negative and after a preliminary review of the file along with an asset search of a particular debtor has been conducted, the next step is to serve the debtor and any cosigners or guarantors with a formal legal complaint which incorporates causes of action for breach of the underlying agreement whether they be lending documents, leases, promissory notes or any other type of agreements, accounts for conversion or misappropriation of property if collateral is being retained by a debtor has an obligation to transfer such to the lender/creditor pursuant to the parties agreement or were in cases of leases property is leased and not returned by the lessee, and accounts for misrepresentation or fraud based on false financial statements and information provided to the lender/creditor during the application process by a particular debtor. The accounts for conversion, misrepresentation and fraud dealing with financial statements are very important with the respect to debt collection process involving a bankruptcy were accounts for judgments for conversion, misrepresentation and fraud are very difficult to discharge in a bankruptcy process. If a settlement is not reached after the service of a Summons and Complaint on a debtor and a judgment entered in the lenders/creditors favor which includes attorney’s fees and costs involved in the collection of the particular debt plus interest, judgment is registered in the county where the debtor resides or may have other property and such judgment severely hampers the ability of a particular debtor or creditor to obtain any type of financing without first paying off the judgment of a particular lender/creditor. In addition, the lender/creditor may levy upon the bank accounts and assets of a particular debtor/borrower and may also garnish wages from the employer or the particular debtor/borrower for purposes of satisfying the judgment rendered in its favor by the court.

Parker & Wenner has been helping lenders/lessors and general creditors of all nature and size to successfully collect debts owed to them by both businesses and the public at large. Parker & Wenner has a very high success rate in collection debts for its clients and has pursued successfully pursued debtors/bars in virtually every state in this country.

For questions about your debt collection, please call Boris Parker at (612) 355-2201 for a free telephone consultation.

With the rising costs of basic necessities such as groceries and rent, not to mention gas for our cars, along with wage freezes and layoffs, it is easy for even the most careful spender to become overwhelmed and allow credit card balances to creep up farther than we ever thought possible. At Parker & Wenner our attorneys deal with these situations every day; we stop the harassing calls and deal with credit card companies and bill collectors directly for you. We negotiate with credit card companies and their assigns to lower your payments so that you keep control of your accounts and avoid filing for bankruptcy. We charge a flat fee based upon the number of creditors – there are no subscription fees, start up fees or monthly “maintenance” fees. Here’s how we do it.

Our first step is always to meet with you, get a list of your creditors and pull a credit bureau to see who is saying what about you. Knowing your credit picture, we then send letters to your creditors instructing them to deal only with our experienced attorneys. This will stop the calls and letters to your home and cell phone. We will also help you develop a budget to work within your means so that you manage your expenses and reduced your debts! Based on this budget we will then work with your creditors to arrange affordable payments or payoff for you. Here is where Parker and Wenner differ from the so-called credit counselors we deal directly with your creditors on your terms while you stay filling informed and in control of your accounts. We do not take your money and make payments for you – you stay in control of your finances, and we help you discharge debt without bankruptcy.

Credit card companies want your money. Once credit card companies realize that you are having financial difficulty, and in a position of insolvency they are willing to work with our attorneys and reduce your bill by 65 – 85 percent! We will negotiate on your behalf to obtain the lowest payoffs possible.

Creditors have their own policies on reporting debt write-off to credit bureaus. Fair, Isaac and Company, who produce the FICO credit score that many lenders use, are on record that they will not deduct any points from your score for being on a DMP. Having fallen behind in your payments, a DMP may improve your chances of getting credit in the future since you will have repaid your (negotiated) debts in full. Banks and creditors want customers to take responsibility for their obligations; unlike most bankruptcy, working with the credit company to repay your debt tells banks that you are willing to be responsible for your own obligations.

Bankruptcy should be a last resort solution. The consequences of filing bankruptcy can reach far beyond your credit report as a bankruptcy is also a public record. Filing bankruptcy can impair your ability to rent an apartment, purchase auto insurance and may even impact a real estate purchase you make in the future. If, however, it is determined that bankruptcy is an appropriate action, we will work with you to insure you receive appropriate counseling in that regard.

For help with your debts, call Parker & Wenner at 612-355-2200 for a free telephone consultation or visit our website at www.parkerwenner.com. We will help you evaluate your credit risk, work with you to create a realistic budget and negotiate on your behalf to obtain payments you can afford.

FRAUD NEGATES WARRANTY DISCLAIMERS

Back in February 17, 2004, the Minnesota Court of Appeals handed down a decision bringing together several important theories of law as to disclaimers of warranties of products.  In Lester Building Systems vs. Louisiana-Pacific Corporation the Court of Appeals applies rules of law providing that disclaimers of warranties do not preclude an action for fraud (although they are effective to disclaim contractual actions for breach of warranties), and then pointed out that attempts to exclude consequential damages by a seller of goods are ineffective as to the seller’s own fraud. In addition to that, the court holds that the seller of goods cannot contractually disclaim liability for consequential damages resulting from its own fraudulent conduct.

The court then moved on to a very difficult area of the law involving what is known as the “economic loss doctrine”. In its broadest form that doctrine holds that in the case of a purchase of goods which are defective resulting in damage to the goods themselves (and perhaps other goods) the purchaser could recover only for the damage to the defective goods themselves. By 1992 the Minnesota Legislature recognized that, at least as to private individuals (that is to say, not merchants in the type of goods involved), Plaintiff should be able to recover for damage to property other than the goods which were warranted but, as to merchants, continued the prior law by providing that “economic loss that arises from a sale of goods between parties who are each merchants in goods of the kind is not recoverable in tort.”  As between merchants, that left merely a claim based on the warranty on the goods themselves.

Think of a fraud claim by a dealer against the manufacturer of a twin engined aircraft falsely warranted to be flyable on one engine which claim arises from a defective engine causing a total loss of the quarter million dollar aircraft and $13,000,000 of contents. The dealer could not recover for the valuable contents even though the manufacturer had intentionally misrepresented that the aircraft could continue flight on a single engine with that load.

But then in 1998 the Minnesota Legislature added subdivision “(e)” to Minn. Stat. 604.10 and provided that the law “shall not be interpreted to bar tort causes of action based upon fraud or fraudulent or intentional misrepresentations or limit remedies for those actions.” Thus the law no longer discriminates against merchant Plaintiffs in fraud cases. It is that provision which the Minnesota Court of Appeals in the Lester Building Systems case has so clearly applied allowing Lester to recover from Louisiana Pacific more than $13,000,000.00 for very broad losses arising from Lester’s use of Defendant’s defective siding for Lester’s pig shelter products.  Humans, on the other hand, with homes damaged by the same defective siding, have been relegated to a class action lawsuit against Louisiana Pacific.

For questions pertaining to litigation for Misrepresentation or Fraud, please call Boris Parker at (612) 355-2201 for a free telephone consultation.

Minneapolis Debt Relief Information

Over the past twelve odd years as an attorney, I have for the most part had the pleasure of answering questions related to clients starting or managing their business.  Now there were always trouble spots that necessitated dealing with critical or precarious situations that created a few sleepless nights, but for the most part the focus was always on growth and moving forward.
 

Unfortunately, for the past several years the majority of my focus has been on assisting individuals and businesses from contracting or seizing operations.  As a sign of the times, this is the third article which deals with reduction of debt.   Just last week I answered calls from clients living in Minnesota, Washington and New York related to debt management.
 
The most common question asked always centers on how can I reduce my debt load and still preserve the little assets I have remaining.  My usual answer is to suggest that the individual or business negotiate a reduction with the creditor based on what they can afford to pay.
 
Some of our clients can only afford to pay $0.15 – 0.30 on the dollar as it relates to their total debt, but nevertheless want to stay in control of their financial situation.   For these individuals we handle the negotiation and settlement process based on the criteria they set up front.  Over time their debts get settled and the individuals can once again turn their focus toward growth and generation of income.   Any tax ramifications are addressed upfront with the assistance of a CPA and many end up qualifying for the debt forgiveness exemption under section 108 of the IRS Code.  I have written previously that debt settlement is nothing new and that we have successfully negotiated debts for many years on both the debtor and creditor side of the ledger.  However, the level of significant reductions unsecured creditors such as credit card companies are willing to accept have not been previously seen.
 
I have found over the years that bankruptcy for most members of our community is really an option of last resort.  There are two basic reasons for this.  First of all, in a bankruptcy setting the control over all of your assets and liabilities is ultimately in the hands of the U.S. trustee, whose fiduciary duties lie with the creditors and for whom he/she is obligated to maximize the dollar value of your non-exempt bankruptcy estate for purposes of distribution.   In other words, any control over who you pay or how you pay is in the hands of the trustee and the bankruptcy court.   Any non-exempt assets will be made part of the bankruptcy estate and distributed to creditors.  The other common problem is that people may have accumulated debt, but they still maintain a business or are employed and earn a decent salary.   Under this scenario, any money left over on a monthly basis, after payment of all necessary expenses, will go to pay creditors over a period of 36 – 60 months depending on the overall earnings of the debtor(s).   The exact payment period is determined by the trustee under a means test.
 
So unless your situation is truly dire, we always encourage our clients to maintain control over their financial situation and attempt to negotiate their way out.  The bankruptcy option remains a trump card, used only if matters do not proceed as planned.
 
What I have simplified for you are the three most common options for reducing debt. The first option is to negotiate with each creditor, one at a time, until all of your debts are satisfactorily resolved.  This option is perhaps the most involved, but you retain control over your finances and no one questions your decisions.  The second option if you have no income and your debts exceed your assets is to file for bankruptcy under Chapter 7, or what is known as liquidation.  Under Chapter 7 protection you get to keep only certain exempt assets, but all your debts are discharged or forgiven.  Finally, if you want to discharge all your debts at once but have income on a monthly over and above you monthly expenses, you can qualify for the Chapter 13 bankruptcy, pursuant to which you will be obligated to make monthly payment for the benefit of creditors from a three to five year period before you can obtain a discharge.  Please note a bankruptcy is a public filing for which court records are maintained indefinitely and accessible by third parties.
 
All of these options are unique and specific to each individual’s financial situation as well as other considerations.  If you have questions about any or all of the options, please feel free to call us at 612-355-2200 for a free telephone consultation and we will be happy to discuss in confidence your particular situation within the frame work of applicable law.

Parker & Wenner,  Litigation Attorneys MN has a proven track record of successfully handling a wide variety of complex business litigation matters for both plaintiffs and defendants. Our
business litigation attorneys in MN create opportunities and solve problems for our clients by aggressive negotiation, mediation, and the effective use of litigation. Our business litigation attorneys bring years of experience and proven success in representing clients having diverse business interests.
 

We both initiate and defend a broad range of business litigation actions, always with the same guiding principle: to achieve optimal results for our clients quickly and cost effectively.  In addition to our substantial experience in the courtroom, our attorneys frequently help clients resolve their disputes in mediations and other forms of alternative dispute resolution.

 
When litigation is the only way to resolve a conflict, our litigators know how to win. More than one-third of the firm’s attorneys litigate matters involving:

• Contracts
• Business Transactions
• International Trade
• Shareholder/Partnership Disputes
• Real estate
• Securities
• Technology and intellectual property

In each of these areas, we have the resources and experience needed to help you develop and pursue sound legal strategies.

When building a defense, we keep clients in the decision-making loop to help ensure that litigation decisions and business decisions are compatible. We do this through a combination of budgeting, reporting, and risk analysis that builds trust, instills confidence, and underscores our commitment to your business goals.

 
We have the experience and resources to handle the largest, most complex cases but can keep the small cases small as well. We maintain an in-house state-of-the-art litigation support department that allows us to cost-effectively manage the vast quantities of documents and data required in civil discovery and complex trials.

 
While litigating cases and preparing for trial, we explore settlement options with clients because we understand that our clients’ time and resources are best spent growing their businesses. We therefore look for opportunities to mediate or use other forms of alternative dispute resolution where a matter can be resolved quickly and effectively, allowing our clients to focus their energies on their business and not on lawsuits.

Contact us for a no-obligation and confidential discussion about Litigation. (612-355-2200)

The “New” Rule in Residential Real Estate Transactions

“Caveat Emptor!” ­- “Let the Buyer Beware” ­- was the traditional rule in sales transactions.  The buyer had the burden of making sure that the item purchased was satisfactory to him.  Except in cases involving fraud, the seller would not be held liable for selling a defective product.  Much of that has changed with the development of the law of products liability, the institution of “Lemon Laws” for the sale of new automobiles (See Minnesota Statutes § 325F.665), and legislation to prevent consumer fraud (See Minnesota Statutes § 325F.69).  In Minnesota, it has now changed with respect to residential real estate sales, as well.
 

Effective January 1, 2003, a person who sells residential real estate property is required to provide a written disclosure to a potential buyer before a purchase agreement is signed.  The disclosure must include all facts known to the seller that could adversely and significantly affect an ordinary buyer’s use and enjoyment of the property or any intended use of the property of which the seller is aware (See Minnesota Statutes §§ 513.52 to 513.60).  This statute represents a significant departure from the earlier practice, which placed the burden on the buyer to inspect residential real estate to determine whether there were any defects to the property. Real Estate Attorneys MN | Minnesota Real Estate Attorneys
 
While the general disclosure requirement is broadly written, the law also includes numerous exceptions.  For instance, the seller is not required to inform the buyer that the real property was occupied by someone who was HIV Positive or who had AIDS, that the house was the site of a murder or suicide, or that the house may be haunted, among other things.  In addition, it does not require the seller to inform the buyer about any registered criminal offenders, including registered sex offenders, living in the area, as long as the seller informs the buyer that that information may be obtained from local law enforcement agencies or the Department of Corrections.  Also, the disclosure requirements do not apply to a variety of specific types of transactions, such as gifts, transfers between certain relatives, transfers to a government agency, or transfers pursuant to a court order. Finally, the parties may waive the disclosure requirements in a written agreement.
 
Although recent changes to the law, effective August 1, 2004, have broadened the disclosure requirements, the disclosure requirement itself is no longer a “new” law.  However, even though the law has been in effect for over two years, it is not a law that is well-known to the general public.  Many do not know of the disclosure requirements, the limits of those requirements, or that the requirements may be waived.  Whether you are buying or selling residential real property, an understanding of these requirements, among others, is necessary in order to protect one’s rights.
 
For a free no obligation real estate situation analysis, call us directly at (612-355-2201)

The litigation attorneys Minneapolis Minnesota at Parker & Wenner are in constant contact with our Minnesota Judges, both at the State and Federal level.  The following general observations are intended to help the lay person understand the individual judge who is, or will be, making crucial legal and factual determinations on their particular matter.
 

In general, judges have no special expertise in the law.  While there are some specialized courts (e.g. bankruptcy court, family court, probate court, and juvenile court), the majority of judges work in courts that have the power to resolve any type of dispute people might have.  Consequently, most judges are asked to resolve a wide variety of legal issues every day.  Even the most experienced and knowledgeable judges find themselves confronted with issues they have not addressed before.
 
Unlike most judges, most attorneys specialize in a few areas of the law.  Consequently, attorneys have the ability to become acquainted with the fine details in a given area of the law.  Thus, attorneys are often in the position to instruct the judge about important legal aspects of a dispute.  In addition, as officers of the court, attorneys have an ethical duty not to mislead the court about the law.  Because of all this, judges are able to trust that attorneys will provide them with valuable insights into the law.
 
In addition to their limited expertise in the law, judges are extremely limited in their knowledge of the facts surrounding a particular dispute.  Unless a case proceeds to trial (and less than 20% of cases actually do proceed to trial), a judge is rarely given a full picture of the dispute.  Furthermore, the average judge in Hennepin County, Minnesota for example, has over 120 active cases at any given time. As a result, the time that a judge can devote to a particular case is quite limited.
 
In contrast, attorneys acquire intimate knowledge of their client’s dispute.  They can devote the necessary time to understand their clients’ perspective.  Using their knowledge of the law, they can then highlight for the judge those facts that are important from a legal standpoint.  At the same time, they can filter out facts that are not legally relevant.
 
When appearing in court, there is no requirement that an individual be represented by an attorney.  However, more often than not, having an attorney is a good idea.  Not only can they protect your rights, they can help the judges understand your side of the story.  The judges I have met in the court system take their work seriously.  They strive to make correct decisions, because they know that making a bad decision can have devastating consequences for the people involved.  In exercising their duties, they strive to be fair to all parties.  In striving to be fair, judges are often reluctant to make a decision unless asked to do so by a party.  Instead, they rely on parties to present their respective positions in the best possible light and request the relief that the parties deem most appropriate.  An attorney can help them do that.
 
For questions pertaining to any litigation related issues please call Boris Parker at (612) 355-2201 for a free telephone consultation.