Mitchell on Law Spring 2011

'... the Whole Truth ...

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Six Things About Susan Haigh ’77 pg 9 Tim Nolan ’89 – The Poet Lawyer pg 10Rolf '82 and Nancy Engh make a gift for 'what really matters' pg 26

in terms the jury can understand?'

A first-of-its-kind William Mitchell program trains scientists to be

effective expert witnesses

Wednesday, April 13, 2011

CLE | 3:30-5 pmOn Uneven Ground: Race and gender bias in mediations and negotiations

Tea | 5-7 pmIn the tradition of the teas hosted by the former lawyers’ legal fraternity Phi Delta Delta, hats and gloves are admired, but not required. A limited number of hats will be available for loan for a small donation.

Learn more and register atwmitchell.edu/tea

Monday, May 23, 2011

North Oaks Golf Club Enjoy the Tom Lehman-

designed course.

Alumni Golf TournamentLearn more and register at wmitchell.edu/golf

>> Don«t miss these Alumni Association events

38th Annual

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Mitchell on Law

Volume 29, No. 1Published by the Office of Institutional Advancement

William Mitchell College of Law

875 Summit Ave., St. Paul, MN 55105-3076

651-290-6370 fax: 651-290-7502

[email protected]

wmitchell.edu/alumni

President and DeanEric S. Janus

Chair, Board of TrusteesKathleen Flynn Peterson ‘81

Board of Trustees

Stephen B. Bonner ‘72, vice chair; Peter M. Reyes Jr. ‘97,

secretary; James C. Melville ‘90, treasurer; Louis L. Ainsworth

‘77; Lynn M. Anderson ‘80; Lawrence T. Bell ‘79; Patricia Ann

Burke ‘78; Jeffrey P. Cairns ‘81; Richard R. Crowl ‘76; John M.

Degnan ‘76; Lisa A. Gray ‘86; John H. Hooley ‘80; Stephen R.

Lewis Jr.; David M. Lilly Jr.; Martin R. Lueck ‘84; Retired Chief

Justice Eric J. Magnuson ‘76; Judge Elizabeth Hoene Martin

‘80; Justice Helen M. Meyer ‘83; Joseph S. Micallef ‘62; Ruth

A. Mickelsen ‘81; Daniel P. O’Keefe ‘78; Ben I. Omorogbe ‘95;

Lenor A. Scheffler ‘88; William R. Sieben ‘77; Marschall I. Smith;

Thomas W. Tinkham; Eric C. Tostrud ‘90; William A. Van Brunt;

Mary Cullen Yeager ‘89; Donald F. Zibell ‘62

Alumni Association President

John M. Degnan ‘76

Alumni Association Board of

Directors

Kathy S. Kimmel ’96, vice president; Judge Jill Flaskamp

Halbrooks ’85, secretary-treasurer; Thomas C. Baxter ‘94;

Jennifer F. Beck-Brown ‘03; Peter H. Berge ’83; Timothy E.

Bianchi ‘95; Mark V. Chapin ‘82; Alison C. Drichta ‘09; Bernard

M. Dusich ‘80; Jill K. Esch ’03; Mark A. Hallberg ‘79; Lee A.

Hutton III ‘02; Imani S. Jaafar-Mohammad ‘04; Nicole James-

Gilchrist ’03; Alexander J. Kim ‘06; Barbara J. Klas ‘91; Jocelyn

L. Knoll ‘92; Judge George T. Stephenson ‘85; Robert G. Suk ‘70;

Chris Tymchuck ‘08

Table of Contents

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Spring 2011 Read the magazine online @ wmitchell.edu/alumni

Executive EditorSteve Linders

WritingKate GillenMary Ann HansonSteve Linders

Art DirectionPamela Belding

Graphic DesignPamela BeldingMelinda Bianchet

PhotographyMike KrivitTim RummelhoffSarah WhitingSteve Woit

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Cover: Illustration by Roy Scott

‘… the truth, the whole truth … in terms the jury can understand?’

William Mitchell launches a first-of-its kind program to train scientists to be effective expert witnesses

Top ‘blawgers’

Mitchell alumni are among the best legal bloggers in the region, according to the Minnesota State Bar Association

We the Students

Mitchell students improve their lawyering skills by teaching high school social studies classes

Recovering Assets

A conversation with two Mitchell alumni who made a fallen auto mogul give back his Rolexes

Just Relax

Mitchell students, a professor, and a graduate have figured out how to deal with the stress and find balance in life

A Match Made at Mitchell

They met at Mitchell two years before graduating, and a six-decades-long love story began

A Gift for What Really Matters

Rolf ’82 and Nancy Engh make a gift to Mitchell, its future, and practical wisdom

6 Things About

Susan Haigh ’77

The president and chief executive officer of Twin Cities Habitat for Humanity takes on another leadership position

Departments

875 SUMMIT: News and updates from the William Mitchell campus and community

Off the Beaten Path: Tim Nolan ’89 writes poetry ... and he's a better lawyer because of it

Mitchell in FOCUS: An inside look at President and Dean Eric Janus’ office

Class Notes

To the Point—Message from Dean Janus

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Mitchell on Law2 Read more news online @ wmitchell.edu/alumni

News and updates from the William Mitchell campus and community

National Jurist ranks Mitchell as the 12th best law school in the country for public service.

Each year, Mitchell students volunteer more than 15,000 hours of pro bono work to help small businesses, nonprofit organizations, and individuals .

The students’ work is supported by a partnership with the Minnesota Justice Foundation (MJF) and underwritten with an endowment by the Faegre & Benson Foundation. (Read more about the Faegre & Benson endowment on page 28).

The January 2011 graduating class volunteered more than 3,100 hours of public service, with 83 percent participating in MJF.

Public service at William Mitchell

Professor Knapp honored for increasing access to justiceThere are more than 7,000 full-time law professors in the United States, and each year the Association of American Law Schools selects just one to honor as a national leader in increasing access to justice for the underserved. This year it is Mitchell Professor Peter Knapp. Knapp received the prestigious Deborah Rhode Pro Bono and

Public Service Opportunities Award, which is given to a professor who has made an outstanding contribution to increasing pro

bono and public service opportunities in law schools through scholarship, leadership, or service. Since joining Mitchell in 1989, he has worked tirelessly to build Mitchell’s pro bono programs. He's co-director of the law school’s nationally recognized clinical program, overseeing 13 clinics, nine supervising adjunct professors, 20 field supervisors, and, most importantly, 200 students who work on as many as 600 legal matters each year. During his tenure, Knapp has personally counseled more than 1,000 students on pro bono cases including immigrants facing deportation, senior citizens who are victims of consumer fraud, Minnesota prisoners dealing with civil matters, and more. Knapp also oversaw the creation of Mitchell’s public service program, which has evolved into a collaborative initiative with the Minnesota Justice Foundation, the three other Minnesota law schools, the Minnesota State Bar Association, and more than 150 other agencies.

Professor Peter Knapp

Public service in action: National Healthcare Decisions Day comes to Mitchell

Mitchell students and alumni will gather in the Kelley Boardroom from 9 am to 5 pm Thursday, April 14, to provide free assistance to anyone who wants to complete an advanced health care directive. The event is part of National Healthcare Decisions Day, a massive effort throughout the country to highlight the importance of advance health care decision making.

>> Learn more at wmitchell.edu

Spring 2011 3

Trisha Volpe leads a double life. She’s an Emmy Award-winning television news reporter for KARE 11 News by day, a law student by night. She’s covered stories of triumph and tragedy but says law school has taught her at least as much about the human spirit and endurance

I was born in Thunder Bay, Ontario, Canada. My passion for journalism began when I was a teenager, reporting for the school newspaper.

Italian was my first language. My first job was washing dishes at Armando’s, my parents’ restaurant in Thunder Bay.

Being a journalist has helped me in law school because I am accustomed to looking at situations with a critical and analytical eye. In journalism, we are always trying to understand how things work and why. We do the same in the law.

Having a full-time career and going to law school is a delicate balancing act that requires discipline and dedication. Mitchell is built for people who can make that balance work.

I enjoy learning from some of the best academics and working attorneys around.

I’ve covered thousands of stories of local, regional, and national importance—from the death of President Ford to the Minnesota State Fair to the plane crash that killed Senator Paul Wellstone.

It wasn’t until the 35W Bridge collapse that I truly understood how much of an effect the media could really have. Just minutes after the bridge fell, we were ready to offer perspective on one of the worst tragedies Minnesotans have ever experienced.

I’ve seen the best in people, and I’ve seen the worst in people. It has been the greatest of gifts to be able to see history happen firsthand, to document it, and to share it with others so it has meaning in their lives.

– Steve Linders

Meet Trisha Volpe,3L

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>> Learn more about Trisha at kare11.com

Mitchell on Law

In 1996, American lawyers provided about 1.4 million hours of pro bono service to the disadvantaged, according to the Pro Bono Institute, a nonprofit that studies pro bono work. By 2007, pro bono hours had soared to 4.3 million. The sea change is largely credited to the work of Esther Lardent, who will speak at a free, public event at

Mitchell from 4 to 5 pm Tuesday, April 26. Lardent has been called a pro bono crusader. She founded the Pro Bono Institute after becoming frustrated by the lack of legal services available to the poor while working with the Office of Civil Rights under President Richard Nixon. Since then, she’s dedicated her career to helping law firms increase the amount and variety of their pro bono services by educating them about the public’s need and the potential benefits.

>> Learn more and register at wmitchell.edu/lectures

4 Read more news online @ wmitchell.edu/alumni


Pro bono crusader coming to Mitchell

If you're a law school graduate who's taken some time off from your career and are now thinking about re-entering the workforce, Mitchell's Office of Career and Professional Development has a CLE that can help you.• Planning Your Re-Entry: Strategies for Returning to the Workforce after Stepping Off the Professional Career Track featuring Ellen Ostrow, Ph.D., founding principal of Lawyers Life Coach• Friday, May 6 | 9 am-1:45 pm (lunch provided)• Free for Mitchell alumni, $20 for all others

>> Visit wmitchell.edu/lectures for more information

Returning to the workforce?

Pro bono from the law school to the law firm: The need. The impact. The benefits.

Tuesday, April 26 | 1:30 – 5 pmWilliam Mitchell College of Law Auditorium

Speakers and panelists include:

• Minnesota Supreme Court Justice Helen Meyer ’83 on the needs of the community

• Hennepin County District Judge Jay Quam on the view from the bench

• Pro Bono Institute President and Chief Executive Officer Esther Lardent on the future of pro bono.

This event is free and open to the public. Application will be made for CLE credit.


Learn more about how pro bono can transform your career

pro bono

Spring 2011 5

Lawrencina Mason Oramalu is no stranger to Mitchell. The new assistant dean and director of multicultural affairs remembers spending hours studying in the library right up to the last possible minute to get her Legal Practicum memo down to four pages before the midnight deadline. Now, her time at the college will be spent working to create a vibrant learning community and an inclusive profession. “I am excited to join a leadership team that understands that diversity brings vitality to our classrooms and makes the legal system work better for everyone,” she says. Prior to joining Mitchell, Mason Oramalu was an associate to the director and equal opportunity consultant with the Office of Equal Opportunity & Affirmative Action at the University of Minnesota. She is also active in the community, recently serving as a facilitator for YWCA It’s Time to Talk Forums on Race, and she has conducted numerous trainings on diversity for various businesses and organizations. If you are interested in joining her efforts to increase diversity at William Mitchell and in the legal community, please contact her at [email protected].

Lawrencina Mason Oramalu ‘05 named assistant dean and director of multicultural affairs

For five years, Professor Deborah Schmedemann sat across from lawyers, talking to them about why they do pro bono work and the effect it has on their lives and careers. Schmedemann shares their gut wrenching and inspiring stories in her new book, “Thorns & Roses.” Schmedemann writes about more than a dozen lawyers and how they helped people in the throes of high-

stakes legal cases—in children’s court, the inner city, a prison in rural Alabama, a committee room on Capitol Hill, and other places where lawyers seek to aid those least favored in society. She also tries to answer the question of why some attorneys devote so much time and energy to work that is often as frustrating as it is rewarding.

She quotes one lawyer as saying, “The thorn of pro bono work is this: no matter what you do on these individual cases, you are not really addressing the bigger issues. Sometimes when I read the newspaper or listen to politicians, I want to shake them and say, ‘Do you have any idea how many people there are in this world who have no health care, no place to live, no way to educate or take care of their children?’ In reality, constantly appealing [individual disability rulings] is not the real lifetime solution. But if I can help one person, I figure that’s the rose.” “Thorns & Roses” is available for $24 on Amazon.com and at most major bookstores.

>> Read an in-depth interview about what inspired “Thorns & Roses" at wmitchell.edu/news

Professor Schmedemann tells lawyers’ pro bono stories in ‘Thorns & Roses’

Professor Deborah Schmedemann

"... and access for all" Collections of faculty writing now available online, for free

Mitchell on Law6 Read more news online @ wmitchell.edu/alumni


The Warren E. Burger Library recently made the scholarly writings of Mitchell’s faculty available for free through a new service called Mitchell Open Access. The online repository allows anyone to search for and find faculty work, many of which had only been available in printed law journals or fee-based databases such as Westlaw and LexisNexis. Mitchell professors are prolific writers, and they publish works of local interest and national importance. Recent examples include “Social Networking and Workers’ Compensation Law at the Crossroads” (Gregory Duhl, Pace Law Review), “Relocation Revisited: Sex Trafficking of Native Women in the United States” (Sarah Deer, William Mitchell Law Review), and “Preventative Detention, Character Evidence, and the New Criminal Law” (Ted

Sampsell-Jones, Utah Law Review). Mitchell Open Access ensures the widest visibility and impact of the faculty's scholarship. “For years, legal publishers have controlled our scholarship, but the internet lets us communicate directly with lawyers, judges, and members of the community,” says Simon Canick, associate dean of information resources at Mitchell. “We want to promote what we do here—not just law review articles, but also casebooks, CLE recordings, teaching materials, you name it. It’s nice for Mitchell, but more importantly it’s a social good. As a matter of fact, for me this project is a moral imperative.”

>> Log on to William Mitchell Open Access at open.wmitchell.edu

William Mitchell professors don’t spend too much time in the proverbial ivory tower. Sure, they’re known for their scholarly writings and extraordinary teaching skills, but they’re renowned for their connections to the profession. They know how the law affects real people because they actually practice the law. It’s called practical wisdom, and it’s in high demand. Mitchell professors recently have been invited to speak to students, government officials, and educators:

Professor John Radsan spoke at the prestigious Oxford Conference on the Ethics of National Security Intelligence at Oxford University’s Nuffield College in England

Vice Dean for Academic Programs Nancy Ver Steegh presented on risk assessment in civil, family, and criminal cases involving domestic violence at the Minnesota Judicial Branch's Annual Conference of Judges

Professor Kimberley Dayton presented "Federal Social Insurance Programs for the Elderly in the U.S." to a delegation of Chinese provincial and municipal authorities at an event sponsored by the University of Minnesota's China Center

Professor Peter Erlinder was a featured speaker at the American Muslim Alliance's monthly policy forum, which focused on "Islamophobia and the Mistreatment of Muslim Prisoners," at the Carnegie Endowment in Washington, D.C.

Professor Phebe Haugen ’72 presented "The Problem of Medical Futility" at the 21st Annual Fall Conference of the Minnesota Association of Guardians and Conservators.

>> Learn more about Mitchell faculty by visiting wmitchell.edu/faculty

Professors take practical wisdom on the road

7Spring 2011

Who: U.S. Court of Appeals for the Federal Circuit Chief Judge Randall R. Rader

What: A free, public lecture: “The Most Pressing Issues in Patent Law Today”

When: Thursday, April 21, 2011 | 5-6 pm

Where: William Mitchell College of Law Auditorium

Why: It’s the 2nd Annual Patterson Thuente IP Lecture

How: Learn more and register at wmitchell.edu/lectures

Chief Judge Randall R. Rader coming to Mitchell

UPCOMING EVENTS

Friday, April 8 | 1 pm

William Mitchell College of Law Kelley Boardroom


The Annual William Mitchell Law Review SymposiumSeven cases you need to know

Last semester, 72 people came to William Mitchell as a last resort. They were dealing with deeply personal legal battles and could not afford legal representation. Some faced jail time. Others wanted more time with their children. All needed help. What they found in the Warren E. Burger Library was a cadre of Mitchell students and alumni waiting to offer assistance at the William Mitchell Self-Help Clinic. Since it was started by a group of students in 2009, the clinic has been an asset to students, people in the community, and the justice system. Students gain valuable real-world experience, those going to court pro se receive much needed guidance, and judges spend less time walking ill-prepared litigants through the legal process. With support from alumni, students help people navigate the processes of filing for divorce, modifying child support,

expunging criminal convictions and records, and securing or extending parenting time. People have driven to the clinic from the far reaches of the state, and according to Adam Pabarcus, the clinic’s director, they have been pleased with the service they’ve received. He said, “One patron we helped last year with a child support modification called us back and said, ‘Now I can make my monthly payments, my child’s mother is happy with me, and you helped keep me out of jail.’ It has been a good experience for everyone.”

>> If you’d like to get involved in the clinic, visit wmitchell.edu/selfhelp

Students gain real-world experience, make a difference in the community

alumni LINK

Mitchell on Law8 Learn More @ wmitchell.edu/Alumni

The William Mitchell Alumni Association presented Lindsey Andersen ’11 with the Student Award of Merit at the January commencement. The award honors an individual student for exceptional contributions to the college and the community. Andersen received the award from alumni association President John Degnan ’76, who noted that she excelled at Mitchell and in the

community, representing the college well at the Thomas Tang Moot Court Competition; volunteering at Apple Valley High School, coaching students on speech, debate, and writing; and applying Mitchell’s brand of practical wisdom to her work managing cases in 45 states for a financial recovery firm. “I’m thankful for the practical wisdom that I’ve learned at William Mitchell,” Andersen told the graduating class. “I hope that we’ll give back to the school through our time, our funds, and the sharing of practical wisdom to other students at William Mitchell.”

>> Watch Andersen’s speech and the entire commencement ceremony at wmitchell.edu/alumni

Alumni Association

Update your alumni profile and you could win an iPod Touch or Nook Color

All Mitchell graduates who update their alumni profiles

on alumni.net, Mitchell's online alumni directory,

between Nov. 15, 2010 and March 31, 2011 will be

entered into a drawing to win either a

32-GB iPod Touch or a Nook Color.

Alumni.net is a great resource. It allows graduates to

connect with other Mitchell alumni who have similar

professional interests and experiences, and it gives

them access to the resources available on the career

development website.

>> Update your profile at wmitchell.edu/alumni

Like competing? Get involved in MITCHELL@workGood news: If you work for a firm or company that employs 10 or more Mitchell graduates, you can be part of MITCHELL@work. It’s a competition between firms and businesses to see which one can get the highest percentage of Annual Fund giving among Mitchell alumni. Last year’s winner was Robins, Kaplan, Miller & Ciresi, which posted an impressive 76 percent participation rate.

Think you can do better? >> Visit wmitchell.edu/alumni to get involved

Have you gotten involved in the Hachey

Initiative yet?If not, visit wmitchell.edu/

alumni to find out how you

can help Mitchell students and

recent graduates obtain crucial

knowledge and experience.

6Six Things About... Susan Haigh ’77 talks about her new role leading the Metropolitan Council, what professional accomplishment makes her most proud, and powder puff football

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When Susan Haigh was a student at Mitchell, she worked full time at the Minnesota Legislature and attended classes at night. She was busy, and it was hard. Little did she know that the experience would prepare her well for the life and career that was to come.Haigh is a wife, mother of four daughters, and the president and chief executive officer of Twin Cities Habitat for Humanity. She also serves on several government and nonprofit boards. Oh, and she was recently appointed by Minnesota Gov. Mark Dayton to lead the Metropolitan Council.

1 It looks like you already have plenty on your plate. Why did you take on the Met Council job?The Met Council has the ability to really impact people. One of the great things about living here is that we have such a high quality of life, and I’m interested in keeping it that way. I am excited to be part of an effort to ensure that this region remains a great place to live, work, and raise families by making sure our parks are second to none, that we have a great transportation system, and that our water quality stays high.

2 How does someone with so much going on relax?I spend a lot of time with my husband, Ramsey County District Court Judge Gregg Johnson. We love to head up to our cabin just outside of Ely, Minn. What else … ? I’m a tennis fanatic, I cook all the time, I golf … poorly, and I love to read.

3 What are you reading right now?“The Case for God” by Karen Armstrong. It’s fascinating and well-written.

4 You’ve accomplished so much during your career. What makes you the proudest?My great passion is Habitat for Humanity. I love the work and the organization. People give so generously of their time. We have 20,000 volunteers working in the region. They’re 16 to 86 in age. It’s so amazing to be part of an organization that brings together people of all incomes, backgrounds, and political persuasions to help others. We have a great, great mission. I love it.

5 Your professional life has been very public. What’s one thing people don’t know about you?When I was a college student at Macalester, I played powder puff football. I was a pass-catching tight end. It was kind of crazy—during the last game someone got a concussion and someone else broke her leg.

6 Wow, you were very serious about your football, huh?Either that or we didn’t know what we were doing.

—Steve Linders

Mitchell on Law10

Tim Nolan ’89 uses poetry to

make himself a better lawyer

and LawyerThe Poet

Spring 2011 11

Off the Beaten Path

By Mary Ann Hanson

From bullheads to the inexorable passage of time, Tim Nolan finds poetry in just about everything. As a result, he’s become well known for an impressive body of poetry … and he's also become a better lawyer. A compilation of Nolan’s free verse, "The Sound of It" (New Rivers Press), was published in 2008, and another collection of his poems, "And Then," is on the way. Nolan’s work has appeared in several national magazines, including The Nation, Ploughshares, and The Gettysburg Review. It even caught the attention of famed author and radio personality Garrison Keillor, who has read several of Nolan’s poems on National Public Radio’s The Writer’s Almanac. When he's not writing poetry, Nolan is a shareholder in the Minneapolis firm of McGrann, Shea, Carnival, Straughn & Lamb, where his practice areas include commercial litigation, eminent domain, construction, real estate, and land use/zoning. To anyone who thinks he’s leading disparate lives, Nolan quickly disagrees, because, he says, law and poetry aren’t always mutually exclusive. “There are interesting moments when one discipline seeps into the other.” Born in Minneapolis, Nolan studied English at the University of Minnesota and graduated in 1978. Then he moved with his wife, Kate, to New York City, where he completed graduate studies in writing at Columbia University. “Even though Kate and I lived at the epicenter of bohemianism in New York, I was never cut out to be a bohemian,” says Nolan. “I always had a job, and I didn’t do drugs.” The desire to have a family and to earn a better living than writing could supply brought the couple back to Minnesota in 1985, where he followed in the footsteps

of his father, Patrick Nolan ’59, and enrolled at Mitchell. Once in law practice, Nolan soon came to appreciate the connections between law and poetry. “It’s much harder to get a poem published than it is to try a case,” he says, but he thinks of both in terms of voice. “In each, the way you say something—the synthesizing of lots of information—is important. Over time, I’ve learned to try to tell a story in a case. That’s similar to writing a poem. In both, you have to be brief.” In fact, Nolan contends that being a poet has made him a better lawyer. “The best thing I’ve done for my skills as a lawyer is to learn how to read a poem in front of an audience,” he says. This exercise reinforces his ability to maintain the audience’s attention and help the listener really hear what’s being said. As for how his colleagues feel about poetry, Nolan observes, “Many feel there isn’t enough of a creative component in the work they do. When they find out that I write poems, they say they’ve thought about writing, although usually it’s a legal thriller.” While there’s certainly room for more writers like John Grisham, Nolan points to a rich U.S. tradition of lawyer/poets. “Back in the 19th century, newspapers published poetry on their front pages, and much of it was written by local lawyers,” he says. “Poetry is really the only way for me to catch the intangible or ethereal experiences we all have,” he says. “Creativity can take many forms. You can write songs or paint pictures. For some people, putting a scrapbook together does it. But for me, I don’t feel right if I go a long time without writing something.” That’s why, once warm weather

rolls around again, you’ll find him ensconced in his lawn chair in his front yard writing about, as he says … anything. “Too many people make a big deal about anticipating writing,” he says. “My attitude is, there isn’t enough time in our lives to put it off. You just have to do it.”

Mary Ann Hanson is a Metropolis, Ill.-based freelance writer.

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Bullhead

We used to throw them back,

disgusted with their prominent

white skulls, bulging eyes,

black shoestring whiskers.

They deeply offended our sense

of what a fish should be. Dirty

scavengers, eating everything

off the sludge bed. They seldom

played on the line, but took bait

with a heavy, impolite thump,

their white bellies rolling

toward the boat. They slid out

of water like drenched birds

snarled in seaweed, their mouths

bleeding from the hooks. Always

we threw them back, down to Hell

where they would think to rise again.

— Tim Nolan '89

<< Poet and lawyer Tim Nolan finds inspiration from the paintings of Alicia Vallier, one of which is displayed behind him at the Kenwood Café.

Mitchell on Law

'... the truth,the whole truth ...in terms the jury can understand?'

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A first-of-its-kind program trains experts to be effective witnessesBy Mary Ann Hanson

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"Deer in the headlights.” That's what some scientists become on the stand, losing juries as they rattle on with technical jargon. Lawyers cringe when it happens, and it happens a lot because many expert witnesses are brilliant in their field but lack good communication skills. Enter William Mitchell. Beginning next fall, the college will launch the Expert Witness Advocacy Training Academy at William Mitchell to work with scientists who study climate change to improve their courtroom performances. Mitchell Professor John Sonsteng, one of the nation’s top advocacy educators, is developing the academy with a $289,000 grant from the National Science Foundation (NSF). When the expected 30 scientists arrive at Mitchell, they’ll be immersed in mock court proceedings, administrative agency presentations, arbitrations, congressional hearings, and media interviews. And they won’t always be on the expert witness side, either. Taking full advantage of Mitchell’s high-tech courtroom setups, scientists will play the role of lawyers, making opening statements and conducting direct and cross examinations. The proceedings will be digitally recorded so participants can see their performances both as witnesses and lawyers and receive useful feedback. In addition, they will be coached on the ethical issues and other factors associated with serving as an expert witness. “This is learning by doing,” says Sonsteng. “It’s immersion—a very effective method based on work done by the National Institute for Trial Advocacy. “We don’t intend to train these scientists to be lawyers,” he explains, “but rather to understand by role-playing what lawyers do, what happens in hearings, and, therefore, how best to communicate.” Sonsteng emphasizes that the ultimate point of these exercises is the science, not the advocacy of any particular

position. “We’ll teach scientists the most effective ways of advocating for the quality of their work and to explain it in terms a lay person can understand,” he says. Without this level of training, scientists can get their heads handed to them on cross-examination, according to Sonsteng. "They make silly statements in front of Congress," he says. "They write e-mails with comments that can be taken out of context. This is why we’ll also address how to write reports

and the importance of being careful with language in all their communication.” Mitchell Professor Eileen Scallen and Jim Hilbert, executive director of the Center for Negotiation and Justice, will assist Sonsteng in the workshops, as will David Verardo, director of NSF’s Paleoclimate Program. They'll also bring in a speech communication educator to coach the scientists on eye contact, voice modulation, and delivery—all the skills necessary to successfully deliver information orally. “Communicating complex ideas to a non-specialist audience is one of the tools that the current generation of scientists needs in its

professional toolbox given the proliferation of easily available information,” says Verardo. “But information is not the same as knowledge. “NSF is always trying to provide a means for scientists to learn how to communicate better. There’s a population of people, whether in the courtroom or beyond, that needs to hear what scientists know. And they need to hear it in a way that makes sense to them,” Verardo says. This need, he says, was the impetus behind his organization’s decision to support the Mitchell program. “Mitchell’s emphasis on practical learning and its record of educational innovation make it a natural partner with scientists to help break down barriers of communication between people,” he says. Garry Peterson ’79, Hennepin County’s chief medical examiner from 1984 to 2004, knows the challenges facing

“We don’t intend to train

these scientists to be

lawyers," Sonsteng says,

"but rather to understand by

role-playing what lawyers do,

what happens in hearings,

and, therefore, how best to

communicate.”

Training Expert Witnesses

Mitchell on Law

scientists who are called upon to testify. As an expert witness who has testified “dozens of times a year for more than 30 years,” he understands the need for the upcoming workshops. “We’re getting more cases that hinge on very subtle interpretations of scientific information,” says Peterson, a forensic pathologist. “As soon as something is developed scientifically, there’s a hurry to get it into the courtroom. “The expert’s goal is to help convey scientific information and hopefully clarify issues,” he says. “There’s so much specialization now that you can’t make assumptions about what the average juror knows. The challenge for scientific

witnesses is to present science at a 7th grade level.” The upcoming workshops at Mitchell might lead to other efforts to train experts in a broader scope of disciplines. “Our hope is that Mitchell becomes the center for this type of training," says Sonsteng, "and that we will address all areas of expert witness communication to include people who work in crime labs, medical doctors, accountants, economists.” While experts know their respective areas of expertise, he concludes, “Their jobs don’t always require them to be communicators. We can take them to that next level.”

14 Read the magazine online @ wmitchell.edu/alumni

continued from page 13

Training Expert Witnesses

As a forensic pathologist and Mitchell graduate, Garry Peterson ’79 knows both sides of expert courtroom testimony, and he’s seen it all. “The real challenge we face is that the courtroom question-and-answer format is not a good one for educating a jury about scientific issues,” he says. “If you could do it right, you’d give a lecture.” But Q and A is what we have, so Peterson offers these insights on getting the most value from expert witnesses:

Invest in time up front. Spend time with your expert witness to gain an understanding of the matter you’re trying to convey to the jury. If you don’t understand it, the jury won’t either.

Ask the right questions. Again, it’s up-front time, but pre-plan the questions you want to ask. Make sure they lead to the conclusion you seek.

Prevent tangents. Sometimes expert witnesses will veer off on tangents that aren’t pertinent. Step in quickly.

Ask the next natural question. “Don’t be so confined to your written preparation that you don’t interact with the witness,” advises Peterson. “Often, while I was answering question number two on a lawyer’s yellow legal pad, he or she was already looking at questions number three and four. They were thinking about what they were going to ask next without listening to my answer and asking the next natural question that wasn’t written on their legal pad. Pay attention to what’s being said on the stand.”


Getting the Most from Your Expert Witness

When the Minnesota State Bar Association released its 2010 list of the top “blawgs” in the state, something stood out: Mitchell alumni were some of the most prolific and well-read bloggers. Here’s a look at the blogs to which Mitchell alumni contribute:

Attenza Law BlogAlumni blogger: Karen Lundquist ’06Topics: Small business law with a smattering of international issuesRecent posts: • Watch what you say … more false advertising lawsuits filed• Good advice for avoiding Department of Labor auditWhere to find it: attenzalaw.com/blog

Budge Law BlogAlumni blogger: Mary Budge ’96 Topic: Small business lawRecent posts:• Lesser known Minnesota employment laws• Document retention: Why does it matter?Where to find it: budgelaw.com

JDs RisingAlumni bloggers: Britt Ackerman ’04, Jason Brown ’00, Heather Diersen ’04, Christopher Keyser ’08, Francis Rojas ’08, Leah Weaver ’05Topic: Life as a newly minted attorneyRecent posts: • The craft of a lawyer• How to get paidWhere to find it: minnlawyer.com/jdr

LMC Codification Service BlogAlumni blogger: Jeanette Behr ’98Topic: Municipal codesRecent posts: • Who will board the windows and doors?• Regulating firearms in the city• New year, new resourcesWhere to find it: lmccodification.blogspot.com

MinnLawyer BlogAlumni blogger: Barbara Jones ‘82Topic: Minnesota’s legal communityRecent posts:• Blackberry shakedown: the complaint• Supreme Court to hear judge disqualification question—quickly Where to find it: minnlawyer.com/minnlawyerblog

MNConsumer Attorney BlogAlumni blogger: Anne Hansen ‘08Topics: Debt collection, bankruptcy, and consumer issuesRecent posts:• Test-driving ClearCheckbook.com• A look back at Larry King’s career—and bankruptcyWhere to find it: mnconsumerattorneyblog.com

Virtual NavigatorAlumni blogger: Justin Kwong ’09Topic: The intersection of law and the virtual worldRecent posts:• Egypt shuts off internet and phone networks as protests continue• Will federal law require virtual worlds to accommodate people with disabilities?Where to find it: virtualnavigator.wordpress.com

Mitchell alumni among top ‘bLAWgers’

Spring 2011 15

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Here are three tips from Anne Hansen ’08 , blogger on the MNConsumer Attorney Blog, about how to get started:

Be passionate. Without passion for the subject matter, you'll lose interest in updating your blog.

Be patient. Without patience, you'll give up before you've built an audience.

Have persistence. Without persistence, your blog will never be a good marketing tool.

Just blog. Find your niche and write at least one new post a week for six to 12 months.

Interested in becoming a “bLAWger?”

Mitchell on Law16

MITCHELL IN FOCUS

Read the magazine online @ wmitchell.edu/alumni

6. He and his wife, Carolyn Chalmers, an attorney who leads the Office for Conflict Resolution at the University of Minnesota, have two children. Their daughter, Leah, is an attorney at Fredrikson & Byron and their son, Seth, is an ear, nose, and throat surgeon. The family had this photo taken during a hiking trip down the Grand Canyon in 1984.

4. Associate Dean for Faculty Niels Schaumann, who collects pig paraphernalia, gave him this Christmas card.

5. In 2006, Cornell University Press published his book "Failure to Protect: America’s Sexual Predator Laws and the Rise of the Preventive State", which has received all five-star review ratings (the most possible) by readers on Amazon.com.

1. In 2000, Dean Janus and his wife traveled to Uzbekistan to volunteer and study with Advocates for Human Rights, an organization that uses cutting edge research, education, and advocacy to protect human rights throughout the world. This is the traditional Central Asian hat, known as a tubeteika, he got on the trip.

8. His granddaughter Hazel Janus McCarthy was born in 2008. His grandson, Samuel, who’s not in the photo, was born in 2010.

7. One of his mentors was the late Mitchell Professor Bernard Becker, an iconic civil rights figure who won the landmark U.S. Supreme Court case Bryan v. Itasca County that paved the way for today’s Indian gaming industry. Janus wrote about him in this edition of the Opinion.

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ERIC S. JANUS has been with William Mitchell since 1984. He’s been a professor, a vice dean, and, now, president and dean.

He earned his bachelor’s degree from Carleton College in Northfield, Minn., and his juris doctor from Harvard Law School. Here’s an inside look at his office, where he spends countless hours ensuring that Mitchell is delivering its brand of practical wisdom.

2. At one point, he dabbled in filmmaking and produced these VHS cassettes as classroom teaching tools. They help students understand civil procedure using a mock case, Maxwell v. Stums, which involves assault with a sweet roll.

3. His scholarly writing on mental health issues and preventive detention is frequently published in law journals throughout the country as well as the Encyclopedia of Crime and Justice, which is pictured here.

10. His long-standing interest in the Middle East took hold after a two-year stint with the Peace Corps in Turkey. Today, he frequently travels to Turkey to work with lawyers, judges, and peace officers to modernize the country’s legal system. It’s also where he picked up these traditional Turkish cooking utensils.

9. He is committed to expanding opportunities for minority and low-income students to attend law school. In 2009, the Council on Legal Education Opportunity (CLEO), which exists to promote diversity in law schools, awarded Mitchell the CLEO Diversity Award for the school’s contributions to diversifying the legal profession.

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18 Mitchell on Law

By Steve Linders

Second-year student Ashlie McDonough felt like she was on trial. Tension filled the classroom. Questions flew quickly, relentlessly. Can a principal ban a T-shirt? Gay marriage? Abortion? Constitutional or not? Why? Every student was looking at her. Answering under such pressure was tricky. McDonough’s rejoinders needed to be clear and concise. The stakes were high; in her mind, a brighter future depended on her ability to convey her knowledge of the constitution … to the high school students she was teaching. McDonough is a Marshall-Brennan fellow, one of 26 second- and third-year Mitchell students who have taught Constitutional rights and responsibilities to more than 400 high school students at five St. Paul high schools. The Marshall-Brennan Constitutional Literacy Project is a national program that trains law school students to teach social studies in high schools. Mitchell is the only Minnesota law school selected to participate and one of only 11 in the country.

Professor Mary Pat Byrn brought the Marshall-Brennan project to Mitchell in the spring of 2010 as a way for upper-level law students to gain practical wisdom, strengthen key legal skills, and learn how lawyers can make a difference in their communities. “As the law students prepare lesson plans and conduct classes on constitutional law, they really get to know the subject matter,” she says. “They also strengthen their public speaking, presentation, and management skills while gaining experience in explaining complex legal ideas to teenagers who have little knowledge of the law.” Working in pairs, the Marshall-Brennan fellows function as full-fledged teachers for nine weeks, teaching one class for four to five days per week. They create lesson plans, teach, grade assignments, and develop exams. They also participate in a weekly constitutional law seminar taught by Byrn that covers the Supreme Court cases they will present to their high school classes, as well as the development of teaching strategies and lesson plans.

Third-year law student Tina Toffoli taught at Como Park High School during the fall 2010 semester. She says managing a classroom full of students from disparate social, ethnic, and economic backgrounds helped her learn how to effectively present herself as an authority figure and find ways to motivate people to do things they don’t necessarily want to do, like speak in public, consider opposing viewpoints, and listen. “I worked with students of varied ages and backgrounds,” says Toffoli, who taught with second-year student Alex Kopplin. “Much like the way we study the law at Mitchell, I used real-world examples and exercises to bring the Constitution to life. Our students briefed cases, constructed arguments for both sides of an issue, and orally argued in front of the class. It was a great learning experience, although it was difficult at times to get the students to support their school’s position on certain issues, like banning certain clothing and possibly disciplining students for Facebook posts.” Gaolee Thao, a senior at Como

Mitchell students learn to teach, teach to learn through the Marshall-Brennan Constitutional Literacy Project


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Park High School, was instructed by Kopplin and Toffoli to argue that a teacher would be justified in making a student take off a wristband with “questionable” language on it. “It was uncomfortable,” Thao says of advocating on behalf of the teacher, “but I learned a lot. When I started this class, I thought studying the law was boring … now I think it’s cool.” And that’s the point of the Marshall-Brennan project, according to Byrn: to help high school kids, who sit on the cusp of becoming our country’s next generation of leaders, understand that with every right there is responsibility. “It’s a concept every U.S. citizen needs to understand,” says Byrn. For McDonough, who along with third-year student Michael Weinbeck taught a particularly inquisitive class at Avalon School, the responsibility of teaching such an important concept to young people weighed heavily on her mind. “Michael and I put in a lot of time and effort to make sure our students maximized their learning in each and every class,” she says. “High school students need to understand their constitutional rights in order to be responsible citizens. It was heartening to see such a great group of students who were really interested in the subject matter. It gives you a sense that, yeah, these are challenging times, but the future still looks bright.”

Five things to know about the Marshall-Brennan Constitutional Literacy Project

1) The project is named in honor of former U.S. Supreme Court Justices Thurgood Marshall and William Brennan.

2) Other law schools with Marshall-Brennan programs include Yale Law School, American University Washington College of Law, the University of Pennsylvania Law School, and the University of Cape Town, South Africa.

3) Minnesota Court of Appeals Judge Edward Touissaint, who is an adjunct faculty member at Mitchell and will join the college full time next year, served as a judge for the first Marshall-Brennan moot court competition at Mitchell last November. High school students presented briefs and persuasively answered questions. The event was sponsored by the law firm Nilan Johnson Lewis.

4) This April, three high school students from St. Paul and two Mitchell students will travel to Drexel Law School in Philadelphia to compete in the national Marshall-Brennan moot court competition.

5) If you or your law firm is interested in supporting the Marshall-Brennan project at Mitchell, contact Mitchell's Development office at 651-290-6375.

"When I started this class, I thought studying the law was boring …now I think it’s cool.”

– Gaolee ThaoSenior at Como Park

High School

Mitchell students Melissa Andersen (upper left), David Safar (upper right), and Mike Herring (lower right) work with students from Harding High School to learn about constitutional rights and responsibilities. Safar dons a wig for a lively discussion on the constitutionality of long hair.

Mitchell on Law20 Read the magazine online @ wmitchell.edu/alumni

A conversation with the men who made Denny Hecker give back his Rolexes and Harley DavidsonsRandy Seaver ’83 never stepped foot into a bankruptcy class in law school. Matthew Burton ’90 knew early on that he wanted to be a bankruptcy lawyer. Both recently found themselves in the middle of one of the largest and most captivating bankruptcy cases in Minnesota history—investigating Denny Hecker, the fallen auto mogul who pleaded guilty last September to two counts of fraud and conspiracy for hiding assets from the bankruptcy court and altering loan documents. Seaver, an attorney with Fuller Seaver & Ramette, is the bankruptcy trustee on the case. Burton, an attorney with Leonard, O’Brien, Spencer, Gale & Sayre, is Seaver’s legal counsel. Over the past year and a half, these longtime colleagues and friends worked side-by-side, doggedly, seven days a week to uncover fraud and recover assets in the Hecker case. Shortly after Hecker was sentenced to 10 years in federal prison and ordered to pay $31.36 million for scamming auto lenders and

Recovering Assetsng

21Spring 2011

Real-World Impact

Doug Blanke, the Robins Kaplan Miller & Ciresi director of the Public Health Law Center at William Mitchell

<< Matthew Burton ’90 (left) and Randy Seaver ’83 prep for final sentencing in the Hecker trial.

the U.S. Bankruptcy Court, Seaver and Burton took a break to talk about the case, how Mitchell prepared them for such intense work, and how they plan to spend their time recovering from such a high-profile case once their jobs are done.

Did either of you ever think you’d be involved in such a high-profile case?

Randy Seaver: The simple answer is no. Even at the start of the case, neither of us imagined the publicity that would be generated.

Matthew Burton: It’s not something you spend a lot of time thinking about. When you’re starting out on a case, you recognize that you could be involved in something that generates a lot of public interest, but it never crossed my mind that this case would be “the big one.”

The Minneapolis-St. Paul media hung on your every word during the case. Was it difficult to work under such intense scrutiny?

Matthew Burton: Not really. The media was respectful and often helpful. Their coverage of the case generated a lot of input from the public. That, in turn, resulted in the recovery of assets for the bankruptcy estate.

Randy Seaver: As Matt said, the media attention proved beneficial to our investigation and the recovery of assets. The fact that the case was receiving media scrutiny did not make our job more difficult. We pursued the case in the same manner that we would have if there was no such scrutiny. The public interest actually assisted us in doing our job.

What do you hope the public learned from the case?

Randy Seaver: The bankruptcy system is based on integrity and honesty. The public should know that everyone working within the system—from judges to attorneys to clerks to staff—takes their jobs very seriously, and they all do whatever they can to ensure that the system remains based on integrity and honesty.

What did you learn about yourselves that you didn’t know before you started working on the case?

Matthew Burton: I learned that we have the ability to bear down, focus, and work really hard. Randy and I worked closely together on this case nearly seven days a week. It was intense, but the process was enhanced by the fact that we have a long-standing relationship. We enjoy working together, so it was enjoyable.

Randy Seaver: This case reinforced my belief that perseverance matters. When you have a complex case, you have to immerse yourself in it so you can understand how all the facts are related to one another. There is no substitute for hard work, long hours, and perseverance.

How did your law school experience prepare you to face off with a party such as Denny Hecker?

Randy Seaver: Those very things I talked about that are necessary in complex cases—hard work, perseverance—I learned at Mitchell. You have to put the time into anything if you want to succeed. When I was at Mitchell, there were a lot of people who worked while they were going to law school. They had jobs and families … and they did it. I watched them put the time in, day after

day, and it impressed me. It showed me the value of being methodical and deliberate.

Matthew Burton: I got a lot of real-world experience at Mitchell. I got to work in the courtroom through the misdemeanor clinic, where we prosecuted cases. It was real, practical experience that introduced me early to what it feels like to be actually working instead of sitting in a classroom. That’s invaluable. I also met a lot of very talented people in law school, many of whom I still maintain contact. I often talk to my former classmates about strategy and referrals, and I call on Mitchell faculty for advice on complex issues. They are a great resource.

Now that Denny Hecker has been sentenced, is your work finished?

Randy Seaver: No, we’re still working to recover assets. That will take us probably another year or two.

What will you do once the case is closed?

Matthew Burton: I really enjoy litigating bankruptcy matters and working for and with Chapter 7 trustees. That will continue to be the focus of my career, although I do fully expect that my practice will have markedly less media coverage going forward.

Randall Seaver: Throughout the Hecker case, I have continued to administer my regular trustee case assignments, which are running at about 1,000 cases per year. I will have more time for that caseload, and I will have more to devote to other bankruptcy fraud investigations. Also, hopefully, I will have time for pheasant hunting and trout fishing. —Steve Linders

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Mitchell on Law22

‘Just relax.’ If only it were that easyStress is rampant in the legal world. Here’s how Mitchell students, a professor, and a graduate fend it offBy Steve Linders


One of the first things Hassan Sahouni did when he enrolled at William Mitchell was plant a vineyard. “It sounds crazy,” the part-time student and full-time 3M inventor says, “but I knew my life was going to become a lot more stressful, and owning a vineyard was the best way I could think of to make sure I force myself to relax.” Ah relaxation. It’s a state-of-being that many law school students and legal professionals struggle to achieve, which

is too bad. Breaking away from the pressures of studying, teaching, and practicing the law is essential to mental, emotional, and physical health, according to Minnesota Lawyers Concerned for Lawyers, an organization that specializes in helping law school students, attorneys, and judges cope with addiction, stress, and other life-related problems. According

to the organization's website, finding balance in one’s life is important, but sometimes when you are working so hard and so focused it’s difficult to remember to do so. Here’s a quick look at four creative ways two current Mitchell students, a professor, and a graduate escape their day-to-day pressures.

Hassan Sahouni, 4LStressors: In addition to being a fourth-year, part-time student at Mitchell who’s heavily involved in the law school’s Intellectual Property Institute, Sahouni works full time at 3M, is married, and has two children.

How he relaxes: Sahouni owns and runs the Point of Denmark Vineyard, which is located in Denmark Township in Washington County. He grows mostly a red wine variety of grapes from the University of Minnesota called Marquette.

What he says about stress: “Law school is intense, especially when you combine it with family and a job where you are expected to invent things. When I’m at the Point of Denmark, it’s like I have my own little California in my back yard … and I don’t think about the pressures of life. Everyone should find a place to go where they can escape, even if it’s only for a short time.” Erin Hoolihan, 1L

Stressors: The first-year student from Grand Rapids, Minn., is adjusting to the intensity of law school—a difficult daily commute to Mitchell, tight schedules, constant studying, the Socratic method, and … Contracts.

How she relaxes: Yoga. Hoolihan has a 200-hour level yoga certification and has been teaching for five years. She recently started Mitchell Yogis, an informal yoga class for Mitchell students, faculty, staff, and alumni that meets Wednesday evenings in the college’s Auditorium. Email her at [email protected] if you want to attend a class.

What she says about stress: “My philosophy is: Be patient with the process. Yoga and law school, in my opinion, are a lot alike. Both take love and acceptance. If you love the process and accept that it’s going to be a bit of a challenge, you can achieve balance in your life.”

Erin Hoolihan demonstrates triangle pose.

Hassan Sahouni samples some wine and checks the progress of his crop.

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23Spring 2011

Stress Masters

Professor Mike SteensonStressors: In addition to being a teacher, mentor, William Mitchell Law Review advisor, leader of the Mitchell CLE Program, and steward of the law school, Steenson is one of the state’s foremost experts on torts and is often called upon to help the public, lawmakers, and lawyers understand them better.

How he relaxes: Steenson is a black belt in taekwondo. He trains at the Minnesota Kali Group in south Minneapolis and teaches at the Minnesota Taekwondo Center near the intersection of Interstates 35W and 694.

What he says about stress: “Taekwondo and the other martial arts I practice help to a significant degree with achieving balance, I think. We all have a hard time with that, but having a regular, disciplined form of activity is a great way to relieve stress. I think that the balance you achieve makes you more effective in your work.”

Professor Steenson practices with a sparring partner at the Minnesota Taekwondo Center.

Phyllis Welter ’79Stressors: She’s retired now, but Welter spent her entire career under the gun in high-pressure jobs as a mother and wife as well as a lawyer with Land O’ Lakes, Munsingwear, Minnetonka Inc., and Farm Credit Services of St. Paul. She also started her own company, Survey Counsel, where she specialized in trademark surveys and trial testimony.

How she relaxes: Welter found travel to be the best way for her to escape the “real world.” She and her late husband would take off for 10 days at a time without telephones, computers, children, or televisions. In addition, they had a cabin in Northern Minnesota to which they escaped with their boys nearly every other weekend from spring to late fall. After her husband passed away, she took a trip on the Nile in Egypt, spent time in the Amazon, tracked gorillas in Uganda, and literally traveled around the world on a National Geographic trip.

What she says about stress: “My advice to those who are stressed at work and unable to think of anything else is to get out into nature and, if possible, start exploring other civilizations. It is a world of awe and wonder that helps put things into perspective.”

>> Want to know more about how these four relax? Read expanded interviews with each at wmitchell.edu/newsPhyllis Welter with a vase from her travels in Greece.

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Mitchell on Law

A Match Made at MitchellWhen it comes to

a review of

successful mergers,

the case of the Klas

family stands out

Above: The Klas' today. Below: Daniel and Mary Lou Klas with daughters and diplomas in 1960.

Read more news online @ wmitchell.edu/alumni24

Their story begins in 1956 at what was then home to William Mitchell—a three-story mansion on Sixth Street in St. Paul. That’s where Mary Lou May, older of two daughters of a St. Paul milkman, met Daniel Klas, oldest of a Wabasha, Minn., brood of nine. “We are both first-borns,” says Mary Lou. “He’s Protestant; I’m Catholic. He’s Pisces; I’m Gemini.” Worse yet,” Dan adds, “she’s taller.” Clearly, the odds were against them. The couple’s first date was dinner and a movie in downtown St. Paul in January. “We saw Ingrid Bergman and Cary Grant in Indiscreet,” says Dan. “How about that for a lasting impression?” After that, “Things moved quickly. It soon became apparent to me that in the back of her mind, she had decided she was going to marry me,” Dan says, an assertion Mary Lou laughingly debates. Dan and Mary Lou married in August 1958. Just two years later, the couple had earned law degrees and produced two of their eventual five children. Fast forward to 1988, when the Klas’ third child, Barbara, enrolled at her parents’ alma mater, where she met and married Tom Jamison (both Mitchell ’91 grads), thus making William Mitchell history. “So far, we’re the only couple to come out of Mitchell to produce a child who met her spouse there, too,” says Dan. (Current students would do well to note that both couples became acquainted in their respective study groups.) Mary Lou and Dan have seen changes come to the school in the years between the Klas and Jamison mergers and today. Not only did Mitchell move to its present campus, but the cost of an education has risen a bit. In their era, tuition was “$35 down and $35 a month,” recalls Dan. “There were no LSATs to take, either; all you needed was a college degree.” Positive attributes remain. “One of the school’s strengths has always been its ability to attract lawyers in private practice to become adjunct part-time professors,” says Dan. Adjunct professors “know what’s happening in the real world,” adds Mary Lou, who taught family law at

Mitchell from 1991 to 1996. “This, plus the school’s clinical programs, really prepares lawyers to serve their clients well.” After graduation from Mitchell, Dan clerked for a federal judge, then joined the St. Paul city attorney's office where he served as city attorney under Mayor Tom Byrne. Mary Lou had a solo practice. When Mary Lou’s mother came to live with the family and help take care of the kids, the couple opened their own law practice and worked together for a dozen years until, as Dan puts it, “the governor broke up our practice by appointing Mary Lou a Ramsey County district court judge.” While Dan continued to build the Klas Law Firm, Mary Lou’s career turned high profile as she championed the

fight against domestic violence in the state and around the country. “I knew we had good domestic violence laws, but it was obvious to me that police were not arresting, prosecutors were not prosecuting, and judges were not holding offenders accountable. That started my crusade to prevent domestic violence,” she says. “And I’m still on it.” Though the Klas’ high-powered careers played out at a time when women were generally not on a professional par with men, Barbara Klas says her father was unfazed by his wife’s public persona. On the contrary, she says, “He never hesitated to brag about his amazing wife and his amazing family. He always says he was the luckiest guy in law school because he got the best girl.” Dan and Mary Lou’s children (in birth order:

Mary Ellen, Kathleen, Barbara, John, and Patricia) were blessed with two great role models, says Barbara. “Our parents’ marriage and love for each other always came first, with the five of us a very close second,” she says. “They supported each other professionally and personally. And ours was a home life full of love and support. “Our parents lived their lives for other people; at 80 and 83, they still do,” she says. “They taught us that leadership is all about humility, and that when God gives you gifts, you are challenged to use them to help others. “They’re a tough act to follow.”


A Match Made at Mitchell

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Barbara Klas met and married Tom Jamison at Mitchell.

By Mary Ann Hanson

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A giftfor what 'really matters'

By Steve Linders

It’s a Friday morning in February and Rolf Engh is sitting in a William Mitchell conference room talking with his wife Nancy and a Mitchell employee about how the college has changed since he enrolled in 1978. Engh, the executive vice president of Valspar, a global leader in the coatings industry, shakes his head at the thought of studying in a classroom with the temperature pushing 95 degrees. “I remember my first day; it was August and hot,” he says. “There

wasn’t any air conditioning.” As if being grilled by Professor Kyle Montague, one of the faculty members who made the greatest impression on Engh, wasn’t enough. “He was a lion of man … taught Contracts, and he was tough,” Engh says of Montague. “He was really tough, but he was ultimately a kind man who taught me a great deal. He’s gone now.” So is Paul Marino, another of Engh’s most memorable professors, who taught Torts. One day early on in Engh’s law

school career, Robert Heland, an adjunct professor and real estate lawyer, stopped teaching and told the class something that’s not found in a casebook. He spoke about the importance of a law school’s reputation. Reputation matters, he told the class, because it can open doors for graduates, and Mitchell’s reputation rests on the shoulders of its alumni. “He told us that future generations won’t judge William Mitchell based on what we say, but on the basis of our contributions to society,” Engh

remembers. “He told us we could say whatever we want, we can build a fancy school, but what really counts is what our graduates as lawyers do in their lifetimes … because it takes a lifetime to build a law school’s reputation.” Engh took his professor’s words to heart and has been working for nearly 30 years to give back to society and make Mitchell a better law school. He’s been a mentor to students and a tireless advocate of the college. During his three terms on the board of trustees, Engh was involved in the campaign to build the Warren E. Burger Library. The successful $7.5 million dollar campaign moved the library from the dim and cramped basement of campus to an energy filled three-story facility that rivals any law library in the country. He also worked to increase diversity on the board, which at the time was comprised primarily of white, middle-aged men who were lawyers. Today, the board includes men and women, lawyers and business professionals, and a mix of people from an array of personal and professional backgrounds. Engh considers the increased diversity on the board one of the accomplishments of which he’s most proud. “Whenever you get a diverse group together, you get different viewpoints,” he says. “It creates a more dynamic and productive discussion. There is value in diversity.” Engh was also on the board when serious merger talks emerged between Mitchell and St. Thomas in the late 1980s. The private liberal arts school

was aggressively trying to take over the scrappy, independent law school located a couple miles east. Engh remembers that some board members were in favor of the merger, but most were not. “We went to a meeting with St. Thomas’ representatives,” he recalls. “And they had a cadre of high-powered people sitting at the table. I think there was even an

archbishop there. We were a handful of determined Mitchell graduates who weren’t going to let our law school go. Ultimately we remained independent, which is important because Mitchell brings something special to this community. “If we had lost Mitchell, we would have lost a place for hard-working, roll-up-your-sleeves type people to study the law,” he says. “This is a place for people who want to work hard and be part of a real law school. Our school has a long history of educating successful lawyers, judges, prosecutors, U.S. attorneys … we train lawyers … we focus on lawyers. And in today’s

world, that’s still worth something. Without that, our society is worse off.” The Mitchell employee then asks about the Rolf & Nancy Engh Distinguished Professorship Endowment, which the couple recently established with a $1 million gift to Mitchell. It will recognize the work of outstanding faculty members and help strengthen Mitchell’s regional and national reputation. The distinguished professorship will be awarded to a Mitchell faculty member annually in recognition of her or his excellence in teaching, research, or service to the community. “What you need to understand,” Nancy says, “is that Rolf gets very emotional when he talks about William Mitchell and the opportunities it has afforded him. Too often law school is seen as something you get through—you go to class, take the bar, and don’t look back. This gift really says that the practice of law is a lifelong learning experience … and it’s also a lifelong giving experience.” Engh clearly gets excited when he talks about Mitchell’s focus on recruiting a diverse mix of students; its willingness to innovate in the classroom; its continued commitment to practical, hands-on learning opportunities for students; and its faculty “who are wise, whose roots run deep, and who care deeply about the college.” “Maybe things haven’t changed that much around here after all,” he says. “This is still a law school focused on what really matters.”

Spring 2011 27

Phot

o by

Tim

Rum

mel

hoff

“Our school has a long history

of educating successful

lawyers, judges, prosecutors,

U.S. attorneys … we train

lawyers … we focus on

lawyers. And in today’s world,

that’s still worth something."

Rolf ’82 and Nancy Engh established the Rolf & Nancy Engh Distinguished Professorship to recognize the work of outstanding faculty members and help strengthen Mitchell’s regional and national reputation

What Really Matters

28 Mitchell on Law28 Read the magazine online @ wmitchell.edu/alumni

Giving Back, Giving ForwardWilliam Mitchell alumni, faculty, and friends gathered at the Minneapolis Club in February to celebrate some significant leadership gifts and the people who made them. The event was hosted by Rolf Engh ’82, who created the Rolf & Nancy Engh Distinguished Professorship to recognize outstanding Mitchell professors and strengthen Mitchell’s regional and national reputation (See a story about the Engh gift on page 26)

The William Mitchell Law Review holds a special place in the

heart of Larry Bell ’79. The recently retired general counsel and secretary of Ecolab helped lead the law review in 1977 and 1978. It taught him to think critically, he says, write clearly, and to appreciate the value of an engaged and committed advisor. Professor Mike Steenson is one such advisor. He started the law review in 1974 and has served as its advisor ever since. Bell and Steenson worked with the rest of the editorial staff, reading submissions, editing, and crafting two volumes of what

has become one of most respected law reviews in the country. The experience was so rewarding for Bell, a current member of Mitchell board of trustees, that he and his wife, Chris, recently created the Bell Distinguished Professorship to support the professor who serves as the William Mitchell Law Review advisor. “It feels great to be able to give back to Mitchell and the law review in this way,” Bell says, “and we’re hoping it provides an example to others whose lives also have been so positively shaped by this college.”

Susan and Louis Ainswirth '77

Larry Bell '79 with Professor Mike Steenson at a Minneapolis Club gathering to celebrate recent gifts and the people who made them.

For decades, Louis Ainsworth ‘77 was immersed in law and business, most recently as senior vice president and general counsel for Pentair, a large local industrial manufacturing company. His work went well beyond the law; he was involved in nearly every aspect of the company’s strategic transactions and significant operational issues. He values his Mitchell education, which he credits with his success in law and business. Ainsworth is also one of a long list of graduates who leveraged their law school experience in the business world. He and his wife Susan now are helping ensure that others will have the opportunity to do the same. The Ainsworths recently provided critical seed funding to help launch the Center for Law and Business, an innovative new

program at Mitchell, and to help the college invest in other strategic initiatives. The Center for Law and Business is helping students enhance their legal educations by taking business courses focused on everything from finance to entrepreneurship to marketing. Ainsworth is currently developing a mergers and acquisitions course for Mitchell, which he’ll teach with Professor Thuy Vo during the 2011-2012 school year.

The value of an advisor

Beyond the law and into business

Spring 2011 29

Class Notes

The late Judge Edward J. Devitt served on the U.S. District Court from 1954 to 1981 and was one of the most respected and influential judges in the nation. Throughout his distinguished career, he established himself as an arbiter committed to improving the administration of justice, advancing the rule of law, and bettering society as a whole. He was also one of Mitchell’s most ardent supporters. “Many law schools—most in fact—just don’t do well in making available to students or in teaching, trial advocacy and practical skills courses,” Devitt once said. “They do well in

imparting the principles and theory and philosophy of the law, but are not disposed to teach the utilitarian tools so essential to practicing the law. This certainly is not true of Mitchell …. Lamentably, I have only an honorary law degree from Mitchell. Perhaps I would be a better lawyer and judge if I also had the real thing.” In addition to serving as an adjunct professor at Mitchell, Devitt mentored

and hired many Mitchell graduates as law clerks, including Eric Tostrud ’90, a partner with Lockridge Grindal Nauen. Tostrud so valued the opportunities and knowledge that Devitt shared with him that he recently created the Judge Edward J. Devitt Professorship, which will be awarded to a Mitchell professor who reflects or promotes the high standards of professionalism and ethics that characterized Judge Devitt’s 37 years on the federal bench.

>> Learn more about giving to Mitchell at wmitchell.edu/giving

William Mitchell is ranked among the top U.S. law schools in public service law. Every year, students provide more than 15,000 of hours of pro bono and public service work to individuals, nonprofit organizations, and small businesses.

Faegre & Benson has been a continuing supporter of Mitchell’s public service programs, and it recently made a significant gift to its Faegre & Benson Public Service Endowment. The endowment was set up at the college in 2001, and the firm recently made another $250,000 commitment, which will help the law school expand volunteer

opportunities for students. “I am proud of our long-standing commitment to public service, and I am grateful for the additional support Faegre is providing to our public service program,” said Eric Janus, William Mitchell’s president and dean. In addition, Faegre & Benson and its Foundation have partnered with Mitchell to host an event at the college featuring Esther Lardent, president of the Pro Bono Institute at the Georgetown University Law Center and a leading expert on public service. Lardent will speak on the future of pro bono work Tuesday, April 26.

Making public service possible

In support of practical wisdom

Eric Tostrud, '90

Honoring Judge Edward Devitt

Diane Dube ’82, resident

adjunct professor and director of Mitchell’s Community

Development Clinic, works

with students to improve the

quality of life for St. Paul’s

residents.


Class Notes

1968Judge Lawrence Agerter has retired after 34 years as a district judge in the state of Minnesota.

1972 Michael T. DeCourcy has retired after 20 years as a Ramsey County district judge and joined his son’s law firm in Mendota Heights, Minn.

1973 Thomas J. Reif received the Bench & Bar Judicial District Pro Bono Award.

1976John M. Degnan was awarded the Ramsey County Bar Association 2nd Judicial District Pro Bono Award.

1978Keith A. Loveland was elected to the board of directors for the Financial Planning Association.

Thomas D. Jensen was elected dean of the Academy of Certified Trial Lawyers of Minnesota for the 2010-2011 term.

Patricia Jensen was elected president of the American Agricultural Law Association (AALA). The AALA is a national professional non-profit organization focusing on the legal issues affecting agriculture and food.

1979Daniel L. Giles received the Bench & Bar Judicial District Pro Bono Award.

Tony Palumbo was elected Anoka County attorney.

1981Donna J. Blazevic was appointed to the board of directors of Gulf Coast Legal Services in St. Petersburg, Fla.

Mansco Perry III was named chief investment officer of Macalester College in St. Paul, Minn.

1983Judge Denise D. Reilly was named Trial Judge of the Year by the Bench & Bar American Board of Trial Advocates.

1987Thomas R. Lehmann was elected to the District 834 school board in Stillwater, Minn.

Jim Carey was elected president of the Minnesota Association for Justice.

1989Penny Phillips was named a certified labor and employment specialist by the Minnesota State Bar Association.

1993 Nick Christensen was named executive officer of Larimer County Sheriff Justin Smith’s command staff.

1995 Katie Crosby Lehmann rejoined the Minneapolis office of Robins, Kaplan, Miller & Ciresi as a partner in the firm’s business litigation group. Anne Greenwood Brown joined Sjoberg & Tebelius as an associate and practices in the areas of civil litigation, motion practice, and appeals, focusing on employment and contract law.

1999 Sean P. Duffy was elected to the U.S. House of Representatives serving the 7th Congressional District seat.

Chief U.S. District Court Judge Michael J. Davis has appointed Steven E. Rau ‘83 to the position of United States Magistrate Judge for the District of Minnesota.

U.S. magistrate judges are appointed by a panel of U.S. district court judges for a term of eight years and are eligible for reappointment to successive terms. Rau will chamber in the St. Paul, Minn. courthouse.

“The panel was very impressed with Mr. Rau’s demonstrated commitment to making sure that the justice system is available to all," Davis was quoted as saying in

a press release about Rau's appointment. “Mr. Rau will be a fine U.S. magistrate judge as he brings depth and breadth of legal experience representing individuals and corporations in a wide range of cases.” Rau was born and raised in Massachusetts. Since 2000, he has been a partner with the Minneapolis law firm of Flynn, Gaskins, Bennett. Prior to that, he was with the Minneapolis law firm Lindquist & Vennum and he has also served as law clerk with the late former Minnesota Supreme Court Chief Justice Douglas K. Amdahl '51. He is admitted to practice in a number of districts and has been active in the Minnesota Chapter of the Federal Bar Association.

Steven E. Rau appointed U.S. Magistrate Judge

31Spring 2011

Class Notes

1999 cont.Brian L. McMahon was elected secretary and treasurer of the Ramsey County Bar Association.

Kevin Goodno was elected to the board of directors for the Public Affairs Council, a non-partisan, non-political international association

for public affairs professionals based in Washington, D.C.

2000 Cindy J. Ackerman was selected by Moss & Barnett as a Five-Star Wealth Manager for 2011.

2001 Matthew Shea was elected shareholder at Gray Plant Mooty.

Kristine A. Peterson has opened Peterson Law Firm located in Cold Spring, Minn. The firm will focus on the areas of criminal defense and family law.

Melanie J. Leth received the Bench & Bar Judicial District Pro Bono Award.

2002 Robbie L. Thompson was named chief executive officer of the Mid America Credit Union Association.

André LaMere was elected partner at Maslon Edelman Borman & Brand.

Philip F. Ndikum received a certificate of appreciation from the World Bank for his work with the Investing Across Borders Program in Cameroon.

Baiers C. Heeren was named senior associate at Eckberg, Lammers, Briggs, Wolff & Vierling.

Wendy Brekken was appointed shareholder at Felhaber, Larson, Fenlon and Vogt.

Jason R. Asmus was elected shareholder at Briggs and Morgan.

Stephen A. Brunn was elected shareholder at Briggs and Morgan.

Jonathan P. Schmidt was elected shareholder at Briggs and Morgan.

Molly B. Thornton was elected shareholder at Briggs and Morgan.

Torrey Westrom was named chair of the Minnesota State House Civil Law Committee.

Timothy J. Eschweiler joined Fredrikson & Byron as a staff attorney in the Oil & Gas and Real Estate groups.

2004 Katherine Nye Priore and Mark Priore ’03 welcomed their son, Jack Michael, Nov. 14, 2010.

Imani Jaafar-Mohammad received the Speaker of the Year Award from the Islamic Resource Group at its annual Building Bridges Awards banquet.

Gov. Mark Dayton appoints Mitchell alumni to key leadership positions

Fatima Villasenor ‘08 will serve as senior aide to the governor.

Ted Mondale ’88 will serve as lead of the Metropolitan Sports Facilities Commission.

Susan Haigh ‘77will serve as chair of the Metropolitan Council.

Mitchell alum representing Wisconsin in nation’s capital

Sean P. Duffy ’99 was elected to the U.S. House of Representatives 7th Congressional District seat. After graduating from William Mitchell, Duffy practiced law for two years in Hayward, Wis., before becoming a special prosecutor in Ashland, Wis. Soon after, he became the acting assistant district attorney, and later the district attorney of Ashland County. Duffy recently concluded 10

years of service to the people of Ashland County.

32 Mitchell on LawRead the magazine online @ wmitchell.edu/alumni

Class Notes

2005 Sarah L. Klassen received the Bench & Bar Judicial District Pro Bono Award.

Jennifer Benowitz received the Cardozo Society’s Pfefer Award for demonstrating current and future potential, outstanding leadership, and commitment to the Jewish and general communities.

Greg Larson was elected shareholder at Gray Plant Mooty.

Andrew J. Rorvig was named partner at Hauer, Fargione, Love, Landy & McEllistrem.

Ethan Beattie was elected to the board of directors of El Centro Hispano in Durham, N.C.

2006 Dawn M. Isackson was elected to the board of directors for the Minnesota Spay Neuter Assistance Program.

Elizabeth Cowan Wright published an article in the Hamline Law Review reviewing appellate courts’ application of the U.S. Supreme Court’s 2009 Iqbal v. Ashcroft decision. The article is titled “Plausible Deniability: How the Supreme Court Created a Heightened Pleading Standard without Admitting They Did So.”

2007 Kathleen K. Curtis joined Tewksbury & Kerfeld as an associate in its personal injury and product liability areas.

2008 Kathleen A. Junek received the Bench & Bar Judicial District Pro Bono Award.

Kevin Kaiser joined Lindquist & Vennum as an attorney in the firm’s corporate finance and M&A transaction group.

Heather J. Diersen, (CORRECTION) a litigator for the Law Office of Brian Meeker, practices in Minneapolis. Diersen did not relocate to Ohio, as mistakenly reported in the last issue of Mitchell on Law.

2009Athena R. Elias joined Jones and Magnus as an associate in its family law, estate planning, and real estate law groups.

Jessica J. Giesen joined Versace as manager of marketing & events for the United States.

Amie Penny joined Briggs & Morgan as an associate in its business litigation section and financial markets group.

Kaisa Adams joined the Minneapolis office of Zelle Hofmann as an associate.

2010 Matthew J. Gilbert joined Marilyn J. Michales & Associates as an associate.

Kodi Jean Church joined Briggs and Morgan as an associate in its business litigation section and the energy law group.

Duluth Superior magazine, Minnesota Lawyer name top lawyers of 2010

Paul F. Schweiger ‘76was named a 2010 “Attorney of the Year” by Minnesota Lawyer, and 2010 “Top Lawyer” for malpractice by Duluth Superior magazine

David C. Keegan ‘78was named 2010 “Top Lawyer” for criminal defense and

DUI by Duluth Superior magazine

Christopher G. Stocke ‘03was named 2010 “Top Lawyer” for criminal defense and DUI by Duluth Superior magazine

John R. Gasele ‘06was named 2010 “Top Lawyer” for patent law

by Duluth Superior magazine

Keep Us Posted: Send your Class Notes updates to [email protected] or fill out the online form at wmitchell.edu/alumni. You can also fax 651-290-7502, call 651-290-6370, or mail your updates to Mitchell on Law, 875 Summit Ave., St. Paul, MN 55105. We (and your classmates) look forward to hearing from you!

33Spring 2011

2010 cont.Danielle Fitzsimmons joined Briggs and Morgan as an associate in its employment, benefits and labor section.

W. Knapp Fitzsimmons joined Briggs and Morgan as an associate in its business litigation section.

David Joyslin joined the Private Client Reserve of U.S. Bank in Minneapolis as a personal trust relationship manager.

Peter M. Lindberg joined Johnson & Lindberg as an associate practicing in the areas of insurance defense and other civil litigation.

Nicholas J. Monson joined Oppenheimer Wolff & Donnelly as an associate in the Corporate Finance & Transactions practice group.

Mitchell alumni climb the ranks in Minnesota

Judge Leslie M. Metzen ’87 was appointed chair of the State Guardian Ad Litem Board. The newly created board was authorized by the 2010 Legislature to create and administer a statewide independent guardian ad litem program to advocate for the best interests of children, minor parents, and incompetent adults in juvenile and family court cases. The Guardian Ad Litem Board will consist of seven members—three appointed by the Supreme Court and four appointed by the governor.

David P. Newman ‘78 was appointed to the Minnesota Pollution Control Agency (MPCA) Citizens’ Board. The board considers and makes decisions on varied and complex pollution problems that affect specific areas of the state. Decisions made are intended to achieve a reasonable degree of purity of water, air, and land resources.

Judge Matthew E. Johnson ‘92 was appointed chief judge of the Minnesota Court of Appeals. Johnson has served as a Court of Appeals judge since Jan. 1, 2008.

Jeffry Martin ’03 was elected president of the National Association for the Advancement of Colored People (NAACP) St. Paul Chapter. Martin is the 22nd president of the local chapter. He replaced Nathaniel Khaliq in Dec. 2010. Martin is also a practicing attorney, supervising attorney for William Mitchell’s Criminal Defense Clinic, and an

assistant director of career and professional development. Previously he served as an assistant public defender with the Minnesota Board of Public Defenders, he was a former associate city attorney with the Office of the St. Paul City Attorney, and an attorney with the Neighborhood Justice Center in St. Paul, Minn.

Stay connected! Like William Mitchell on Facebook.

Jeffry Martin '03 elected president of NAACP St. Paul Chapter

A Law School for the Real World

Class Notes

34 Mitchell on LawRead the magazine online @ wmitchell.edu/alumni

Class Notes

1945 Theodore R. Rix, 84, Feb. 9, 2010. Served as the chief deputy county attorney for the Hennepin County Attorney’s Office. Survived by his son, Donald; and granddaughter, Jamie Rix.

1950 Joseph J. Willenbring, 92, July 14, 2010. Survived by his wife, Renee.

1951Earle F. Tighe, 86, Sept. 30, 2010. Served as a public defender in Southwestern Minnesota and was later appointed assistant Hennepin County attorney. Survived by wife, Barbara; son, Darren; daughters, Jill and Colleen; and five grandchildren.

1956 Warren D. Bauer, 81, Sept. 6, 2010. Survived by wife, Claire; daughter, Judith; son, Brian; and two grandchildren.

1957 Robert M. Greising, 83, Sept. 20, 2010. Survived by wife, Mary Jane; children, Judith, Robert, Dennis, Kevin, Jayme, Elise, and Mari; and 18 grandchildren.

Carl R. Palm, 80, Sept. 6, 2010. Survived by wife, Lois; son, Dennis; daughters, Linda and Julie; and grandchildren.

1958 Clinton W. Wyant, 79, Sept. 22, 2010. Survived by wife, Sophia; children, Maria, Charles, and Amy; and 10 grandchildren.

Richard C. Marshall, 82, Jan. 7, 2010. Survived by wife, Marcia; children, Bill, John, Susan, and Rich; and five grandchildren.

Cyril James ‘Bud’ Mergens, 79, Dec. 2, 2010. Survived by wife, Dodie; daughters, Lesley and Kit; son, Paul; and grandchildren.

1959 William E. Manley, 80, Sept. 19, 2010. Survived by wife, Mary; children, Michael, Timothy, Terrence, Kathleen, Bridget, Patricia, Dennis, and Daniel; special daughter-in-law, Florence Manley; and grandchildren.

John P. King, 84, May 22, 2010.

Robert F. Lorenz, 88, Feb. 13, 2010. Survived by wife, Elaine; sons, John and Steve; and grandchildren.

1962 Michael Foley Ryan, 75, Sept. 6, 2010. Ryan worked with his father since 1963 in his law practice, Ryan and Ryan Lawyers, in Aitkin, Minn.

1967 John D. Hirte, 71, Aug. 18, 2010. A lifelong resident of and attorney in St. Paul. Minn. Survived by daughter, Ann; sons, John and Theodore; and four grandchildren.

1970 James J. Agan, 72, Sept. 17, 2010. Practiced law through his own firm in Burnsville, Minn. for more than 30 years. Survived by wife, Pauline; son, James; daughter, Katherine.

1971 David E. Kohner, 65, Feb. 11, 2010. Survived by wife, Peggy; children, Judy, Lisa, Amy, Mark, and Michelle; and grandchildren.

1972 Gary J. Green, 75, July 25, 2010. Served as an educator, labor law attorney, and active volunteer. Survived by wife, Dolores; daughters, Barbara and Linda; and grandchildren.

1973 Gerald F. Chernivec, 70, Sept. 23, 2010. Retired from 3M Corporation in 2002 after 33 years of employment. Survived by wife, Cresten; sons, Mike, Tim, and Jeff; daughter, Leah; and grandchildren and great-grandchildren.

Martin J. Seipp, 70, Nov. 29, 2010. Served as a corporate attorney for SuperValu. Survived by wife, Mary Alice; daughter, Jennifer Mary; son, Daniel; and grandchildren.

1983 Ted C. Williams, 85, Sept. 22, 2010. Survived by wife, Adelaide; daughter, Terri; and grandchildren.

1989 Lawrence C. Miller, 48, Nov. 24, 2010. Survived by wife, Kate.

1949Louis J. Moriarty, 93, Dec. 24, 2010. Served as a World War II veteran and a special agent of the U.S. Treasury Department. Moriarty

was a practicing attorney in Minneapolis for more than 50 years. He was a member of the Minneapolis Athletic Club, the American Legion and was on the board of directors of many Minnesota corporations. Survived by wife, Audrey; son, Timothy; daughter, Colleen; step-daughter, Kristin; and grandchildren.

35Spring 2011

1957Judge Howard R. Albertson, Washington County judge and former Minnesota state legislator, passed away at the age of 84 on Monday, Jan. 31, 2011. Albertson, known to those in Washington County as “the marrying man,” married an estimated 6,000 couples during his lifetime. He officiated his first marriage in 1957 and has performed weddings in

some very unlikely places, such as on planes, on horseback, in nursing homes, at home plate at a baseball game, in a hot-air balloon, and even on his farm, which he turned into a wedding oasis. In a 2003 interview with the Pioneer Press, Albertson was quoted as saying, “I don't play golf. I don't

hunt. I don't fish. I do weddings, it keeps me young.” Albertson was involved in many civic organizations over the years, but was best known for presiding over weddings at his farm. He did, however, take a 12-year break from weddings while he served in the Minnesota House of Representatives. During that time, he was chairman of the House Judiciary and Metropolitan and Urban Affairs committees. He was elected Washington County judge in 1972 and specialized in juvenile law. He retired from the bench in 1997, but later returned to serve as a senior judge presiding over select cases. Albertson was a Civil War buff and his interest in history led to his push for the preservation and restoration of the Washington County Historic Courthouse in Stillwater, Minn., and appointment to the historic courthouse advisory board by the Washington County Board of Commissioners. Albertson is survived by wife, Ellen; daughters, Martha, Sarah, and Laura; and four grandchildren.

Bringing couples together for over half a century

We want to hear from youWilliam Mitchell College of Law will soon conduct an Alumni Opinion Survey. This is your chance to make your views heard on a variety of topics including

your law school experience,

perceptions of the college,

your career experiences, and

preferences around alumni relations.

For the first time, the survey will be administered entirely online. The survey will be hosted by Questar, a global survey research company based in Eagan, Minnesota. You should be receiving an email inviting you to participate in the survey in late March. The survey will be available until Friday, April 22.

Here’s the challenge: We don’t have email addresses for all our alumni. If you don’t receive an email invitation to the survey, please drop us an email at alumni@ wmitchell.edu with your current contact information. Or you may register for regular alumni news and updates—including the survey—at wmitchell.edu/subscribe.

We’d like to be sure the survey represents the views of all of our alumni—especially you.

Alumni email survey coming soon

wmitchell.edu/subscribe

Mitchell on Law

To the PointMessage from the Dean

"Much has been made recently about the difficult

job market, and somewhat deservingly, the media

have been critical of the lack of employment data law

schools make available to prospective students.

That’s why we recently expanded our posted data

to go beyond bar passage rate and the number of

students employed nine months after graduation,

which is the information that most law schools

publish.

We now post detailed, multi-year data on employment

settings, trends, and salary ranges. We expanded the

data because it’s the right thing to do. And our hope

is that by providing better information, prospective

students will see that while a J.D. might not be

for everyone, there are still many opportunities for

successful careers."

Eric S. Janus President and Dean

Photo by Tim Rum

melhoff

36

transparency


The question

What does the Annual Fund do?

The answerThe Annual Fund supports scholarships for students. It helps make the William Mitchell Law Review a well-read and respected tool for judges

and practitioners. And it helps Mitchell bring practical wisdom to life through hands-on learning opportunities for students.

The goal

This year, Mitchell set an aggressive 20 percent participation goal for the Annual Fund. It makes sense because, when you take

a good look at all the law schools in the country, one thing is abundantly clear: Alumni support is one major factor separating

the top law schools from the rest of the pack.

The current statusWith just a few months left in the campaign,

participation stands at about 12 percent.Help us reach our goal.

The easiest way to make a gift

>> Visit wmitchell.edu/giving. It’s quick. It’s easy. And it makes an indelible difference for Mitchell, our students, and practical wisdom.

875 Summit AvenueSt. Paul, MN 55105-3076

Nonprofit Org.U.S. Postage

PAIDSt. Paul, MN

Permit No. 1300

At William Mitchell, students from all walks of life enter

law school with realistic expectations

about their futures. They know that it

will take grit and determination to earn

their J.D.s. And thanks to Mitchell’s

commitment to providing better

information to prospective students,

they also know that there are many

opportunities for successful careers.

Mitchell recently increased the amount

of employment data it makes available

on its website to include detailed,

multi-year data on employment

settings, trends, and salary ranges.

Learn more at

wmitchell.edu/data

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Mitchell on Law Spring 2011

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