< Previous2020 NEXT GENERATION ATTORNEY Cole Hickman began practicing law in 2011 and was named an equity partner at Hellmuth & Johnson in January 2020. He says that from the day he joined the firm, he was asked to articulate his goals for the future and then was promptly given the tools to bring those goals to life. “We have all the resources anyone could ask for to grow a successful practice,” Hickman says. “Once I set my goals, then we kind of worked backward on how to reach them. That’s where the support comes in. The other attorneys and staff assist and support me throughout the pro- cess. It really is a team approach here.” Growing up in Cambridge, Minne- sota, Hickman didn’t see law school in his future until the idea was planted by mentors who introduced him to the legal profession, underscoring the power of early mentorship. “I made the decision around my third year in college, when I was able to do some job shadowing and learn a little about what lawyers do and what they like about it. Without some of those people in my life at that young age, I would likely not have enter- tained the idea.” Hickman began his career as a litigator but found his real passion in counseling clients through estate planning, business succession plan- ning and related practices, includ- ing mergers and acquisitions. As his practice grew, so did the demands of his clients, inspiring his move to Hell- muth & Johnson in 2018. “The firm offers a broad range of legal services that many of my clients, particularly business clients, need. In order to handle their various business issues, I needed a team around me. A lot of the work I do is for business owners, and typically they are own- ers of small to mid-sized, closely held companies. In working with them on developing and implementing estate planning and succession planning, I tend to develop very close relation- ships with those individuals, and I become the first call for any number of business-related issues. I’m usu- ally not handling those ancillary issues other than mergers and acquisitions. I tend to become more of a relationship manager, and I’ll partner with another attorney at Hellmuth & Johnson who has experience in that particular issue.” Hellmuth & Johnson has been a trusted legal partner in the Minne- sota business community for more than a quarter century. Built upon relationships, the firm is made up of diverse but complementary attorneys who work collaboratively with clients. Hellmuth & Johnson remains a local- ly owned firm, and Hickman says this distinction is important to the clients he represents. “Some other larger law firms aren’t interested in representing the local small and mid-size business clients that our firm has done business with for years. We embrace that. In fact, it’s part of what we like to do. We feel our business owner clients and individu- als deserve excellent legal represen- tation, and we work hard to deliver that. Being a locally owned firm, we understand the legal needs and the market here in Minnesota and in the Midwest. With that said, we still have the resources and capacity to solve complex and specialized legal issues.” A husband and father of two, Hick- man says that Hellmuth & Johnson Cole A. Hickman of Hellmuth & Johnson SOLVING COMPLEX PROBLEMS WITH PRACTICAL SOLUTIONS BY H. K. WILSON ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 5 10offers the flexibility that allows him to grow both his practice and his family. “Whatever support you need, the firm will give it to you as long as you’re getting your work done and be- ing responsive. If I want to take part of the day to spend with my family or work on business development, I can do that. We have a healthy balance of autonomy, support, teamwork and trust.” During the last decade, Hickman has become a trusted advisor to the clients he represents. Along the way, clients have confided in him about the inner workings of their companies and families, and they have found in him a good listener and reliable coun- selor. “I think they appreciate that I’m go- ing to look for a practical solution to their problem, not only the legal so- lution. I think when they realize that I’m a small business owner as well and am going through some of their same issues, it gives us common ground.” HELLMUTH & JOHNSON 8050 West 78th Street Minneapolis, MN 55439 (952) 941-4005 hjlawfirm.com “We have all the resources anyone could ask for to grow a successful practice.”A TT ORNEY OF THE MONTH TIANA TOWNS Blazing a Path for Others to Follow BY H. K. WILSON “I’m involved in the Minnesota Association of Black Lawyers (MABL); I’m Dorsey’s representative in the TCDIP Emerging Leaders Group; and on the board of the Minnesota Black Women Lawyers Network (MBWLN). Working on programming and access for minority lawyers takes time. Some of my colleagues don’t need or want to spend time advocating for their place in the profession. They can spend that time billing hours, while I’m spending 70 or more hours a year making the profession more inclusive so everyone can bring their best selves to work.” ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 5 12Despite growing up in racially and cul- turally diverse Southern California, at- torney Tiana Towns says that she nev- er saw women like herself in the legal profession. That realization inspired her decision to attend law school. “I couldn’t really recall seeing a black woman on TV or meeting one who was a lawyer,” Towns says. “I did not see anyone who looks like me in this profession, and the challenge intrigued me. It made me want to go into the law to change that. I figured I’m smart and hard-working enough, so I’ll just become a law- yer and blaze a trail for people behind me.” Towns was accepted to Howard University School of Law, a historically black college whose mission has always been to promote civil rights and level the playing field for marginalized communities. Her excellent year-one per- formance earned her a series of on-campus interviews, and her first was with Cornell Moore, a recruiting com- mittee member and co-partner of the firm- wide diversity steering committee at Dorsey & Whitney LLP. “I remember being so nervous,” Towns re- calls. “He made me laugh and also terrified me at the same time. I wasn’t sure I’d get a call back, but I heard back immediately. Mr. Moore encouraged me to come to Minnesota and assured me that I’d be supported and that he would be my advocate. I wouldn’t be out here all alone.” Towns earned a summer associate intern- ship at Dorsey along with two other Howard students and was extended an offer for a per- manent position after graduation in 2014. An associate in Dorsey’s trial group, Towns works closely with clients in a wide range of litigation matters, including construction and design; real estate; and intellectual property litigation in state and federal courts. She says that one of the most valuable aspects of her journey at Dorsey was the opportunity to try different areas of practice and find the best fit. After starting out in the trial group, she spent more than a year in the trademark group. “I quickly learned that I didn’t want to do trademark and copyright prosecution work, which is form-based. As a former college athlete, I am extremely competitive, and there is not much of an adversarial process in trademark prosecution. When I realized that I wanted to go back to the trial group, there was no question that I would be able to do so. Associates at Dorsey are encouraged to chart our own paths, and I know several other associates who have changed practice groups. The partners let us figure out what we want to do and determine where we offer the most value to our clients.” Nearly four years later, Towns is an established com- mercial litigator who has found a niche in construction and real estate litigation. She says that many mentors have contributed to her professional advancement, including Jocelyn Knoll, chairperson of Dorsey’s construction and design practice group; Theresa Bevilacqua, Dorsey’s trial group co-leader; and Eric Ruzicka, partner in Dorsey’s trial group. “Jocelyn took an interest in me as a young woman in her construction group and told me, here are the things you need to know to be successful in this area of practice. Last year, she volunteered me to help write an article with a retired construction partner from Dorsey. She has been amazing in supporting my professional goals. Eric and Theresa have also been great at giving me a ton of work and always pushing me a little bit further. I’m learning by constantly being placed in situations that are uncomfort- able for me, and I’m grateful for the confidence the part- ners here instill in me.” According to Towns, mentoring is about more than just the practice of law, as there can be social and cultural dis- connects that can occur for minority attorneys when they enter the law firm environment. Having Moore as an on- going advocate inside the firm has been key to her remain- ing at Dorsey. “First joining Dorsey, I felt completely out of place. It has helped having him in my corner and helping me to navigate the politics of the profession and the firm. Still to this day we chat weekly. My parents are blue-collar people who didn’t go to college, and no one in my family is a law- yer. He’s someone I can talk to when I don’t understand AttorneyAtLawMagazine.com 13something, and he helps me navigate situations so I know what to do next time.” Towns has also gained invaluable insights from participating in the Minneapolis City Attorney Program, which allowed her to get jury trial expe- rience. “That training helped me solidify the fact that I want to be a trial attorney. I’ve found my style in terms of how I relate to a jury. At the City, I tried a couple of different styles, and found that for me, I have to be personable. I couldn’t have known that without the opportunity to take part in the pro- gram and all the litigation training opportunities at the firm.” Recently, Towns was selected to participate in the Leadership Counsel on Legal Diversity (LCLD) Pathfinder Program designed for diverse, high- potential, early-career attorneys at LCLD member organizations. “It gives us the opportunity to meet and network with other upcoming diverse attorneys and refine our leadership skills. One goal of the program is to use those relationships to build up our practices, and I’m looking for- ward to learning from other ambitious young attorneys and working with them in the future.” A Minneapolis-based law firm whose legacy reaches back more than a century, Dorsey has grown to 19 locations across the United States and in Canada, Europe and the Asia-Pacific region. One reason the firm continues to thrive as a first choice for commercial clients across industries is its commitment to being an inclusive organization that values diverse backgrounds, perspectives and contributions. Diversity and inclusion programming is routine within the firm, and associates receive up to 50 hours of diversity-related activities as billable time. “I’m involved in the Minnesota Association of Black Lawyers (MABL); I’m Dorsey’s representative in the TCDIP Emerging Lead- ers Group; and on the board of the Minnesota Black Women Law- yers Network (MBWLN). Working on programming and access for minority lawyers takes time. Some of my colleagues don’t need or want to spend time advocating for their place in the profession. They can spend that time billing hours, while I’m spending 70 or more hours a year making the profession more inclusive so everyone can bring their best selves to work. It’s not enough to hire a handful of attorneys of color; you have to celebrate their differences if you want to keep them. Getting credit toward billable hours for that work levels the field a bit.” Participating in pro bono work is also an essential part of Towns’ practice, and in 2019, she contributed to the landmark reversal of death sentence in the Bruce Webster case. “We have a wealth of re- sources here, and it’s gratifying to be able to use the skills I have to make a difference.” As a trailblazer who is changing the face of the law for the next gen- eration, Towns is looking to the future with optimism. “What drew me to the profession in the first place was the lack of women — es- pecially black women — in the law. We still have work to do to sup- port, retain and promote attorneys of color, and we need help from the clients, firms and the profession itself. I’m glad to work in a place where they’re doing a good job of taking critical feedback and creating opportunities for diverse attorneys.” At a Glance DORSEY & WHITNEY LLP 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402 (612) 340-2600 dorsey.com EDUCATION Juris Doctor, Howard University School of Law Bachelor of Arts, University of California at Riverside PRACTICE AREAS Construction & Design Commercial Litigation Intellectual Property Litigation Real Estate & Land Use Trusts & Estates Litigation Trademark, Copywriting & Advertising HONORS LCLD Pathfinder, 2020 ABA Construction Forum Scholarship Recipient, 2019 MSBA North Star Lawyer, 2014-2019 “What drew me to the profession in the first place was the lack of women — especially black women — in the law.” ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 5 14Legal Aid’s Youth Law Project (YLP) attorneys are talented, innovative, and deeply in touch with the youth they serve. They face the challenge of a client base that is usually in crisis and often without phones or a stable address. Most don’t know if or how a lawyer can help them. Pheng Thao joined YLP in 2014, alongside Irene Opsahl, who had been leading the YLP since 1998. Opsahl retired, Staff Attorneys Beau RaRa and Kelsey Mize came on board, and Thao stepped in as Supervising Attor- ney. The three comprise an excellent team – compassionate and fiercely dedicated to connecting with and em- powering their clients. “Building rapport is an important first step,” says Thao. “When a client mentions an experience similar to mine, I’m willing to share in a way to let them know that I understand where they’re coming from, and that I can relate.” A statewide project, YLP repre- sents youth through the age of 24. It is funded in part by Safe Harbor, a system created after passage of the 2014 Minnesota law which said that sexually exploited youth cannot be charged for prostitution. Instead, they are considered victims of the crime and directed to the child protection side of juvenile law. “Our clients are used to mandated reporters,” says Mize. “They tend to be reluctant to give details about their situations because often when they’ve done so in the past, it has backfired. We’re not mandated reporters and we say that up front. We’re bound by con- fidentiality. Most of YLP’s referrals come from a broad network of social workers. Thao, Mize, and RaRa also make regular visits to youth shelters, drop- in centers, and schools. Relationships are critical. “Every time I enter a youth space, it’s my responsibility to take an affir- mative stance to build the relation- ship,” RaRa says. “These aren’t clients who come to us and name their legal issue. We have to create opportunities for them to reflect.” Legal issues for youth often involve documentation. If a young person wants to enroll in school, apply for a job or public benefits, get a driver’s license, or find housing, they need to show identification. If their birth certificate or immigration paperwork is lost or withheld by parents, oppor- tunities disappear quickly. YLP attor- neys help their clients identify bar- riers, understand their options and rights, and navigate complex systems. “We are their voice,” Thao says. “Unlike county attorneys, prosecu- tors, social workers, or guardians ad litem, we represent the youth and no- body else. We take the time to develop relationships and build trust.” Most YLP clients are focused on survival. Any meeting with a young client might be the last, so education is critical. The attorneys try to quickly give them many tools in each interaction, in case they never see them again. “Sometimes self-disclosure can help us build rapport,” says Mize. “I think our generation has worked hard to reduce the stigma surround- ing a lot of the issues faced by youth. We can normalize experiences like recovery or mental health issues and point our clients to resources.” With limited opportunities to de- velop relationship in person during this time of restricted interaction, the YLP attorneys are leaning into their technological skills and flexibility. The goal, always, is to educate and empower youth so they understand their rights and can make choices in their own best interest. “I tell them – you are the expert of your own life,” RaRa says. “They don’t often hear that kind of validation. Once that’s established between us, I’m in a good position to help them get what they need. MID-MINNESOTA LEGAL AID PROVIDES FREE CIVIL LEGAL ADVICE AND REPRE- SENTATION TO MINNESOTANS WHO CAN- NOT AFFORD AN ATTORNEY. LEGAL AID SERVES PEOPLE WITH LOW INCOMES IN 20 COUNTIES AND PEOPLE WITH DIS- ABILITIES STATEWIDE. Empowering the Next Generation BY LEYKN SCHMATZ AttorneyAtLawMagazine.com 15The number of bankruptcies in the United States, both for businesses and individuals has decreased steadily since the Great Re- cession of 2008-09. According to the American Bankruptcy Institute, the last business bankruptcy peak was in 2009 when 60,837 business-related bankruptcy cases were filed. By 2018 that number had decreased by nearly two-thirds to 22,232 cases. The CO- VID-19 virus will undoubtedly re- verse that trend for 2020 and perhaps for the years that follow. It is prob- able therefore that the question is not whether your cli- ent’s customer will file for bankruptcy, but rather, when. It is important, there- fore for a business to know something about what happens when a customer files for bankruptcy and some of the rights and responsibilities a business seller has when a paying customer stops paying and files for bankruptcy protection. Stop any collection activities such as a lawsuit, threatening letters, etc. Under 11 USC § 362 an automatic stay is put in place halting all collec- tion actions as of the time of the filing of the bankruptcy. File any Mechanic’s Liens allowed under state Law. Somewhat contra- dictorily, filing a mechanic’s lien is not prohibited during the bankruptcy proceedings, however, attempting to collect on such a lien is covered by the automatic stay. Make a demand on the bankrupt debtor for an administrative claim or a reclamation claim. There are short timelines for making a claim in a bankruptcy where you sold goods to a bankrupt debtor during the period leading up to a bankruptcy. The seller should of course call their lawyer as soon as they hear about the bankrupt- cy to talk about any claims that they can make that will put them ahead of other creditors who are all trying to get paid as much as possible from the bankruptcy estate. File a proof of claim as soon as possible. In order to get paid from the bankruptcy estate, a seller must file a proof of claim within a deadline specified in the bankruptcy notice. Best to do that as soon as possible. What to Do If Your Client’s Customer Files Bankruptcy? KENNETH C. EDSTROM | Bankruptcy Ken Edstrom is an attorney with Sapientia Law Group, PLLC in Minneapolis. Ken has been a bankruptcy practitioner in Minneapolis for over 35 years and has been involved in most of the largest bankruptcy cases filed in Minnesota during that time, representing debtors, DIP lenders, secured creditors, committees of unsecured creditors and other interest holders. He is also involved in state insolvency proceedings including receiverships and assignments for the benefit of creditors. Ken is one of only six lawyers in Minnesota who is Board Certified in business bankruptcy by the American Board of Certification and is a perennial holder of “Superlawyer” status. ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 5 16If the court notice says that they will let you know when a proof of claim should be filed, the seller will receive a notice from either the bankruptcy debtor or bankruptcy trustee to file a claim sometime later. However, there is no penalty for filing a proof of claim as soon as the bankruptcy is filed even if the official period for filing proofs of claim doesn’t start until later in the case. Filing a claim immediately ends the possibility that the seller will not recognize the importance of a notice to file a bankruptcy that they receive months later. If the customer is seeking to re- organize under Chapter 11, they need to decide whether they want to keep selling to the customer and under what terms. There is no law that says a seller has to keep selling to a customer who is now operating in Chapter 11. They can decide to stop all sales, sell on COD or pre-payment or continue to provide terms to the debtor. While the usual rule is that no debt owed at the time of the filing of the bankruptcy can be paid during the course of the bankruptcy, there may be a chance to get paid some or even all of what the seller is owed if they agree to keep selling to the cus- tomer when they continue to operate in bankruptcy. These agreements are called “Critical Vendor Agreements” and they have specific and sometimes complicated obligations for sellers. Although they are not always al- lowed or approved by the bankruptcy courts, when they are the seller needs to consider the pros and cons of such arrangements carefully. Attend the Meeting of Creditors. A meeting of creditors will be sched- uled about a month after the case is called. It may be in person or via tele- conference only. The customer will be under oath and the creditor will have the chance to ask questions about the assets of the customer and what is go- ing to happen to the customer’s busi- ness in the future. Save all records of transaction with the Debtor for the past two years. I advise my clients to print out all invoices, ledgers and records of payment for the two years prior to the customer’s bankruptcy filing. A bankruptcy trustee or the debtor has the right to go after certain payments made from the now bankrupt creditor for various time periods prior to the filing of the bankruptcy. These “pref- erence actions” can be started for two years after the filing of the bankruptcy case. Any defense to those claims will be found in the evidence of the course of dealing of the seller and the cus- tomer. The seller should not depend on having the information available to them in two years. Computers crash, software changes, accounts receiv- able personnel come and go. Print the documents out now and keep them in a safe place for future use if needed. There are other things that sellers can and should do. Not surprisingly the best advice if they or you have questions is to call a qualified bankruptcy practitioner who can walk you or them through the entire bankruptcy process.You Don’t Need a Rock Bottom to Quit Drinking Help is Available BY CHRIS ABURIME If you’re a seasoned drinker, quitting alcohol could be the best thing you’ll ever do for yourself… is a sentence that isn’t likely going to persuade you quit at all if you’re anything like me. You haven’t hit rock bottom – that’s not even remotely on the radar. You haven’t lost your career or business, your family, your home, your pride, your health or anything important to you at all. In fact, you might be thriving in those areas and the envy of those around you. For most of us considered “high-functioning” drinkers, the ability to drink alcohol excessively while exceling in key parts of our lives can hide the warning signs that may have otherwise slowed us down. If there was a problem developing, you would know, right? Like many professionals, drinking had been a part of my life since college – often a reward to a job well done, a way to ease into an eve- ning or just loosen up. As I advanced in my career and started a fam- ily, my drinking made its way into nearly every occasion. It had also come to represent a form of freedom justified by a mindset of “you deserve this.” I didn’t need to address my drinking, because it wasn’t a problem – I wasn’t heading toward rock bottom – in my opinion, quite the contrary, I was thriving. By 2016, I had reached the most successful time of my life at that point, and I felt unstoppable. I had a beautiful growing family, moved into a dream home and co-founded a fast-growing, well-respected ad- vertising agency. I was living my dream, in some ways, quite literally. I had never been more successful in my career and more out of control with my drinking. Over the course of 20 years, very slowly, I had developed a robust, deeply established addiction to alcohol. If you like labels, I was an “alcoholic,” although I didn’t accept this fact until after I ended my relationship with alcohol in April 2016. It was the first time in my life that I thought clearly about my use. I sought addiction treatment to help me quit and a self-coaching ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 5 18approach to staying sober. There are many ways to get and stay sober – from programs like AA, treatment centers, recovery coaching, self-coaching and more. I believe the best approach to quitting and staying sober is the one that works for you – there’s no such thing as only one way. My approach worked well for me, but it may not be the best approach for everyone. Here are some key tips that have helped me and other professionals dealing with quitting alcohol without a rock bottom. Like everything else you do well, be strategic, make a plan, and execute it. It is all about the execution. DO IT NOW. Pick up the phone after reading this paragraph and call someone who will get you on the path. Lawyers Concerned for Lawyers is a great place to start (651- 646-5590). If you drink regularly, even if not every single day, it is important to seek help from an ad- diction professional. At a minimum they can help you navigate options and avoid potentially danger- ous withdrawal symptoms. MAKE ALCOHOL YOUR OPPONENT. Detach from it. Confront it. If it’s your opponent, it’s real. You will become aware of its threats to you and you can study how it exploits your weaknesses. Never underestimate it. Understand that it will un- dermine you. It’s not part of you. It’s not on your side and doesn’t care about you, your kids or your busi- ness. It doesn’t care about anything you care about. LEARN ABOUT YOUR NATURE. Spend time becoming more aware of how you deal with joy and conflict. This can be key to understand- ing your relationship with alcohol. PRIORITIZE. List and prioritize what’s important to you: Health/fitness, family and friends, business and career, spirituality, romance and sex, mental health, finding purpose, personal de- velopment, financial independence. Now, list how you can (or do) see your drinking getting in the way of these goals. DETACH. Set aside any inner dialogue and pretend 651-646-5590 . 866-525-6466 . help@mnlcl.org 24-Hour Helpline: 888-243-5744 you are observing yourself from another person’s point of view. What will happen if you stay on your current course with alcohol? Next month, in 1, 5, 10, 20 years? List the pros and cons for important areas of your life. Are you thinking about giving this a shot? Maybe there’s a tiny voice in your head that once questioned your drink- ing. Maybe a friend or loved one made a comment – even if lighthearted. This could be best thing you’ll ever do for yourself. CHRIS ABURIME IS PRESIDENT OF SOBER THEO- RY, A COMPANY FOCUSED ON HELPING PROFES- SIONALS REACH SOBRIETY AND THRIVE. LEARN MORE AT SOBERTHEORY.COM. “If you’re a seasoned drinker, quitting alcohol could be the best thing you’ll ever do for yourself…” AttorneyAtLawMagazine.com 19Next >