Some of the specific areas in which this law firm has been active in developing, and implementing, solutions to client legal problems are described below.

CIVIL TRIAL PRACTICE

Since its founding, this firm has focused a significant part of its practice in the field of civil trial litigation.  The firm represents businesses and individuals in a wide variety of lawsuits appearing as counsel to both plaintiffs and defendants.  As a result, this firm has developed a substantial trial practice involving the litigation of personal injuries, workers compensation claims, as well as the representation of parties involved in lawsuits over defective products, commercial transactions, and construction contracts.  A substantial portion of the firm’s trial practice concerns disputes arising under Federal and State Statutes governing civil rights in the workplace, including labor, discrimination and disability law.  This background in litigation has proven a valuable asset which members of our firm draw upon when counseling clients for the purpose of developing strategies to avoid, or defeat, litigation. This law firm’s trial practice has involved its members in the litigation of disputes in many different States and jurisdictions.  Firm members are expert in both trial practice as well as the management of Appeals in all State and Federal Courts.  All members of the firm have involvement with litigation matters to some extent, but those partners and associates spending substantial amounts of time in this area are John Beckmann, Steve Hovey, Craig Byram,  Marty Helle and Tracy Morton.

BUSINESS & TRANSACTIONS

The firm counsels business clients with respect to the legal and economic consequences of their business transactions. This includes preparation and drafting of legal documents including contracts, corporate documents, and other documents required for the operation of business. 

We practice an approach to business counseling that involves assessment of both legal and non-legal challenges affecting our clients.  In that regard, it is our objective to understand the non-legal context in which we offer legal advice to our clients.  Factors that may be considered include marketing issues, customer relations, employee relations, personal ethics or financial constraints.  We view our role as providing sound legal advice and quality service but we also attempt to see our clients’ “big picture”. 

The strong litigation background of our attorneys is of assistance to clients with respect to the development of procedures and legal documents which reduce the threat or the occurrence of expensive litigation.  We have provided these services to a wide spectrum of clients, from individual entrepreneurs and partnerships to limited liability corporations and both non-profit and business corporations.  The firm has represented high-technology venture firms, construction and land development businesses, as well as substantial lending institutions and healthcare facilities. 

BUSINESS AND CORPORATE LAW

We have developed an extensive practice in advising clients on legal implications of their business and corporate decisions and represented them when litigation has occurred. Clients include numerous banks, corporations, manufacturing companies, partnerships and sole proprietors. Our practice includes the organization of business entities, including public and closely held corporations, general and limited partnerships, business associations and joint ventures. Practice in these areas include tax planning as well as advice on applicable State and Federal regulations. Members of the firm specializing in these areas are Kermit Hoversten, Craig Johnson, David Hoversten and Steve Hovey.

We are also active in representing non-profit and tax-exempt corporations. Each of the lawyers in our firm are active in civic affairs in the community. As a result, they have numerous contacts to non-profit corporations, charities, civic entities and other volunteer associations. We have assisted many organizations with legal services including preparation of articles, by-laws, filing for certificates of incorporation, applications for tax exempt status, document preparation, minutes and advice. Further, each of these entities, like other corporations, need legal services in fields such as real estate, employment law, labor law, litigation and other areas.   The firm understands that many worthy non-profit corporations operate on minimal budgets.  Accordingly, firm members have provided our services either at reduced cost or, on occasion, free of charge.     

EMPLOYMENT LAW

The firm is active in counseling business clients on a wide variety of issues in the area of employment law. Recent developments in the law of civil and human rights pose significant challenges in the management of the workplace. In this context, we have counseled clients on the workplace impact of Health Insurance Portability and Accountability Act of 1996 (HIPAA) and private regulations, the Americans with Disabilities Act (ADA) as well as the Minnesota Human Rights Act (and EEOC law). We have been pleased to provide some of our corporate clients with in-house training and seminar presentations on issues relating to workplace discrimination and sexual harassment. In the context of litigation, we have defended firms and management personnel who have been sued or made the subject of Administrative Agency action relating to alleged Human Rights violations, appearing both before the State Human Rights Agency and in the District Courts of the State of Minnesota.  In addition, firm lawyers have tried to conclusion a number of lawsuits in both State and Federal Court involving workplace civil rights and discrimination law.

In a related field our firm has been active in the defense of corporate clients in claims alleging retaliatory discharge contrary to Minnesota's Workers' Compensation law, whistle-blower

liability, as well as in the context of Agency action arising under the Minnesota and Federal minimum wage law.  Attorneys active in this area include John Beckmann and Steve Hovey.

LABOR LAW

This firm has been very active in representing management interests in virtually all areas of labor law, including negotiating labor contracts, handling grievance arbitrations (for both public and private employers), representing employers on unfair labor practice charges before the NLRB, advising employers faced with representation elections and unit clarifications, advising employers on issues of contract interpretation, OSHA enforcement issues, unemployment compensation problems, worker’s compensation matters and other varied labor law issues.  In addition, firm attorneys have been involved  in litigation under the Fair Labor Standards Act in the context of class actions brought in Federal District Court.

REAL ESTATE

We have an extensive real estate practice consisting of title examination, preparation and provision of title insurance, document preparation, negotiations, closing services, planning and analysis of real estate transactions, negotiation and mediation of real estate disputes, and real estate litigation.

Our real estate practice involves inter-disciplinary work including estate and probate planning, medical assistance planning, trusts, financial planning, divorce, corporation and bankruptcy. The general practice orientation of our firm is extremely helpful to this area of our practice.

Our firm is unique in that member-attorneys have extensive experience in the development, financing and marketing of multiple housing unit projects.

We are particularly proud of our closing services, which are used by virtually every financial lending institution in the area. These services include title examination, title insurance, distribution of closing funds, accounting of funds, and preparation and filing of appropriate real estate documents.

We also have extensive experience in the negotiation, analysis and documentation of complex financing and lending arrangements involving both private and governmental funds.

ESTATE PLANNING AND PROBATE

Members of the firm have broad experience in the use of wills, gifts, and inter vivos trusts (including revocable and irrevocable trusts), life insurance trusts, Medical Assistance planning and other methods to achieve estate planning objectives.  We also serve as legal advisors to the personal representatives in the administration of a decedent’s estate.  Members of the firm specializing in this area include Kermit Hoversten, Craig Johnson, David Hoversten, and Marty Helle.

MATRIMONIAL/FAMILY LAW

Since its inception, the firm has done a high volume of marital dissolution work.  Frequently we handled cases involving substantial marital estates, complex business evaluations, and tax consequences.  Kermit Hoversten, Craig Byram, Marty Helle and Tracy Morton work in the family law area. The firm uses a team approach on its more complex dissolution cases to afford the client the best mix of multiple sub-specialties. In cases involving substantial assets, coordination with other professional disciplines is sought and incorporated.

DEBTOR/CREDITOR REMEDIES

The firm is active in representing a wide array of lenders, both private and institutional, in debtor-creditor disputes.  Our activities in this area include debt workouts and negotiation, foreclosures involving both real and personal property, and debt collections.  We also advise clients on issues involving secured transactions, mortgages, and debtor-creditor rights and obligations.  We pride ourselves on handling these matters as their special circumstances require.  Members of the firm engaged in this area of practice include, David Hoversten, Craig Johnson, Steve Hovey, Marty Helle and Tracy Morton.

ADMINISTRATIVE LAW

A number of our clients have appeared before State or Federal governmental agencies as part of their business or personal activities. Members of our firm have represented parties in workers compensation proceedings, social security administration proceedings, State and Federal licensing agencies, environmental protection agencies and taxing authorities.

MEDIATION AND ARBITRATION

In recent years, Courts have emphasized the importance of Alternative Dispute Resolution (ADR) as offering opportunities for parties to a dispute to resolve their differences without recourse to the time consuming, expensive and, often, emotionally exhausting processes of Courtroom litigation.  Our firm offers a wide variety of services with respect to alternative dispute resolution including attorneys experienced in the mediation and arbitration of controversies.  Arbitration resolves claims efficiently by fact-finding before a decision-maker jointly retained by the parties involved in the dispute.  Mediation, a process which empowers the participants in the dispute to resolve their differences amicably, has been widely, and effectively, used by this firm in both capacities as legal counsel to participants in the dispute, and in capacities in which firm members serve as mediators assisting the parties to resolve their disputes.  Attorneys active in serving as mediators in civil disputes are Kermit Hoversten, John S. Beckmann and Steve Hovey.

MUNICIPAL REPRESENTATION

We represent a number of Southern Minnesota municipalities and public agencies, including the cities of Austin, Adams, Lyle, Dexter, Waltham and Mapleview, as well as several Townships.  Public agency clients include the Austin HRA, Austin Planning and Zoning Commission, Austin Human Rights Commission, Farmers Home Administration, Soil and Water Conservation District, Farm Credit Services, the Veterans Administration, Port Authority for the City of Austin and the Blooming Prairie School District.  Our firm has handled employee discipline cases, termination cases (including teacher terminations), and alleged violations of human rights (including hearings before the Minnesota Human Rights Commission).  The firm has also been retained by various county governments to assist with specific projects. 

Kermit Hoversten was City Attorney for the City of Austin for thirty-four years and David Hoversten now serves in that capacity.  Craig Johnson, David Hoversten and Steve Hovey have served for many years as Assistant City Attorneys for the City of Austin and represented other municipalities and various public agencies.   For the last few years Craig Byram has also served as Assistant City Attorney for the City of Austin.