ATTORNEY OF THE MONTH Michelle Gilboe B. Steven Messick Outstate Firm Spotlight 19th Amendment Anniversary Women of Color Who Led the Way to Voting Rights in Minnesota ALSO INSIDEThe lost art of conversation, unveiled nightly in an intimate gallery favored by patrons of the classics. You know, Caviar and Filet Mignon, acclaimed wines and animated friends, and featuring DISCOVER THE DOLI The Capital Grille. What better place to whet your palate? 801 HENNEPIN AVE MINNEAPOLIS, MN 55402 612.692.9000 • thecapitalgrille .com Cordially Invited YOU ARE OUR VERY OWN VODKA MASTERPIECE. TOThe lost art of conversation, unveiled nightly in an intimate gallery favored by patrons of the classics. You know, Caviar and Filet Mignon, acclaimed wines and animated friends, and featuring DISCOVER THE DOLI The Capital Grille. What better place to whet your palate? 801 HENNEPIN AVE MINNEAPOLIS, MN 55402 612.692.9000 • thecapitalgrille .com Cordially Invited YOU ARE OUR VERY OWN VODKA MASTERPIECE. TOWhat a year it’s been! As we move along in 2020, opti- mism that an effective COVID-19 vac- cine may soon be available is growing, as human clinical trials are underway around the world and fast-tracked approval processes are estab- lished. Face coverings and social distancing are now requirements in public spac- es, including at Minnesota Court Facilities. The legal community has adapted to new ways of conducting business, leveraging many technologies. Making good use of quarantine and work from home time, our family thought it timely to add another puppy, able to provide time- ly potty breaks and attend to basic training. We’re not alone. Appar- ently, there is a puppy shortage in these days of COVID-19. Who knew? So Brie now “job shares” the Associate Publisher position with Finn (both pictured). This issue of Attorney at Law Magazine features Michelle Gilboe, Minneapolis Office Managing Partner of Lewis Brisbois, whose aim is to provide opportunity for herself and her group. The issue also features the newly launched Messick Law, PLLC firm, a hybrid met- ro and rural practice. Going forward, we intend to shine more focus on great Outstate and Greater Minnesota talent. August 26 marks the 100th anniversary of the official adoption of the 19th Amendment. Please enjoy the presentation calling at- tention to five women of color who’ve helped lead the way to voting rights in Minnesota. Also, in advance of Recovery Month, Joan Bi- belhausen shares observations learned about recovery and the need for recovery in the pandemic and amid societal changes. That and much more are contained in this issue of Attorney at Law Magazine. Enjoy, David Seawell PUBLISHER 763-742-2805 DSEAWELL@ATTORNEYATLAWMAGAZINE.COM P.S. We are now seeking nominations for candidates to be featured in the annual Women in Law special issue. Please contact me for more details on Women in Law and/or Outstate features. FROM THE Publisher Attorney at Law Magazine is published by: Target Market Media Publications Inc. David Seawell PRESIDENT & CEO INSIGHT MEDIA, INC. EXECUTIVE PUBLISHER ATTORNEY AT LAW MAGAZINE Howard LaGraffe VICE PRESIDENT Caitlin Keniston EDITOR Susan Cushing Veronica Jauregui ASSISTANT EDITORS Jaqueline Dávila GRAPHIC DESIGN Z. Peter Sawicki James L. Young CONTRIBUTING EDITORS Joan Bibelhausen Kate Roberts Leykn Schmatz Jeff Storms Michelle White CONTRIBUTING WRITERS Eclipse Productions PHOTOGRAPHY Copyright ©2020, Target Market Media all rights reserved. Reproduction in whole or part is strictly prohibited. Advertising rates on request. Bulk third class (standard) mail. Although every precaution is taken to ensure accuracy of published materials, Attorney at Law Magazine & Target Market Media cannot be held responsible for opinions expressed or facts supplied by authors. Corporate Office : 5828 North 7th Street, Suite 200 Phoenix, AZ 85014 Phone (480) 219-9716 www.tmmpublications.com • info@tmmpublications.com TARGET MARKET MEDIA TARGETMARKETMEDIA Northern Alabama | Atlanta | Chicago | Dallas | Ft. Lauderdale Jacksonville | Los Angeles | Miami | Minnesota North Carolina Triangle | Ohio | Philadelphia | Phoenix | San Antonio Salt Lake City | Middle Tennessee | Washington D.C. ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 7 4TABLE OF Contents 12 7 Holding Police Accountable for Effective Communication By Leykn Schmatz 8 B. Steven Messick Outstate Firm Spotlight 10 Trademark [Social] Distancing: How Close is Too Close? By Z. Peter Sawicki and James L. Young 12 Michelle Gilboe Attorney of the Month 16 The 19th Amendment Anniversary: Meet Several Women of Color Who Led the Way to Voting Rights in Minnesota By Michelle Witte and Kate Roberts, PhD 19 On Your Own Raise a Glass to Freedom! By Jeff Storms 22 Recovery Month in Uncertain Times By Joan Bibelhausen SPECIAL SECTIONS 20 Talk of the Town AttorneyAtLawMagazine.com 5DAVID SEAWELL PUBLISHER 763-742-2805 DSEAWELL@ATTORNEYATLAWMAGAZINE.COMHolding Police Accountable for Effective Communication BY LEYKN SCHMATZ Catrina Hooper, who is deaf, wanted to file a do- mestic assault charge with the St. Paul Police De- partment (SPPD). She requested an American Sign Language (ASL) interpreter and was told that an officer who knew some sign language would assist with the meeting. Hooper objected, and asked for a quali- fied interpreter. When Hooper went to the police station to file her re- port, she was arrested in connection with her complaint. The SPPD did not take her report and did not provide an ASL interpreter to communicate with her during the ar- rest. “I tried signing with the police officer and he just kept nodding his head,” Hooper says. “It wasn’t a two-way con- versation, and his responses were not appropriate. He’d fingerspell very slowly, and then say he couldn’t remem- ber how to say this or that. There was really no effective communication.” Staff Attorney Rick Macpherson of Legal Aid’s Minne- sota Disability Law Center (MDLC) represented Hooper, citing violations of the Americans with Disabilities Act, the Federal Rehabilitation Act, and the Minnesota Hu- man Rights Act. The suit also claimed the City violated the 2013 Bahl Agreement, which was the result of another case involving SPPD and a failure to communicate with a deaf citizen. In 2006, Douglas Bahl was pulled over for a traffic vi- olation and asked to communicate in writing. When he reached for pen and paper, the SPPD officer dragged him out of his car and hit him in the face. MDLC represented Bahl, and as part of the settlement, SPPD agreed to use only certified ASL interpreters for scheduled meetings with people who are deaf. Hooper specifically asked for a certified ASL interpreter, and the SPPD did not adhere to the Bahl agreement. “When people go into a police station for any reason, and the police suggest fingerspelling, writing, or lip read- ing, people need to know they’re entitled to an ASL inter- preter,” says Hooper. “Communication is so important in these situations and misunderstandings are serious.” As a result of the settlement in Hooper’s case, the SPPD’s policy will be amended to specifically state that the de- partment will use only certified sign language interpreters in scheduled interviews and meetings with people who are deaf or hard of hearing. The SPPD will not use police of- ficers to interpret if they are not certified interpreters. “Hearing people have access to the police by phone and conversation,” Hooper says. “If I can’t get an interpreter, that’s not equal access. A lot of us who use ASL are not flu- ent in English. Communication can be difficult if officers use unfamiliar vocabulary.” In medical and legal settings, effective communication is critical. Misunderstandings or mistaken vocabulary can have serious or dangerous consequences. “In this case,” says Macpherson, “SPPD relied upon an officer who knows some sign language. He is not an inter- preter – he admitted that himself. With a certified inter- preter, there’s much more assurance that effective commu- nication will take place.” Over the past 20 years, Macpherson and MDLC have consistently stood with deaf people for access to equal communication. Macpherson has brought litigation against jails, police departments, hospitals, and the court system across the state of Minnesota, resulting in numer- ous settlement agreements. All of those settlements have included agreements to provide certified interpreters. “We have limited options and it’s hard to find a lawyer who will take on this kind of case,” Hooper says. “We need Legal Aid’s support for the deaf community so we can stand for ourselves and ask for clear communication.” MID-MINNESOTA LEGAL AID PROVIDES FREE CIVIL LEGAL ADVICE AND REPRESENTATION TO MINNESOTANS WHO CANNOT AF- FORD AN ATTORNEY. LEGAL AID SERVES PEOPLE WITH LOW IN- COMES IN 20 COUNTIES AND PEOPLE WITH DISABILITIES STATE- WIDE. When Hooper went to the police station to file her report, she was arrested in connection with her complaint.” AttorneyAtLawMagazine.com 7hen Steven Messick opened Mes- sick Law, PLLC in June 2020, he did so amid a global pandemic and a wave of local and national civil strife following the death of George Floyd at the hands of Minne- apolis police officers. Some may have reasoned that it was not a good time to begin a new legal venture, but not Mes- sick. While plans to open his firm had been in the works for some time, in June 2020 he saw that people in Minne- sota needed access to high quality legal services and equal justice now more than ever. Based in Woodbury, Messick Law is a hybrid metro and rural practice that represents entrepreneurs, small busi- ness owners, and their families in civil litigation; business law; real estate law; mediation and neutral services; elder and special needs law; trust and estate litigation; and fam- ily law. Messick says his is not a general practice firm, but one with an intentional focus on the interrelated matters than often confront small business people and their fami- lies. “I want to be the first call my clients make when a legal issue comes up. Most of the time I’m able to service that need, but if not, I have a good network of attorneys that I have relationships with and trust. I give them a call myself and talk to them about the client, and then transi- tion the client.” After graduating from Hamline University School of Law (now Mitchell Hamline School of Law), Messick be- gan his legal career as a judicial law clerk to the Honorable Judge Thomas M. Neuville (ret.). That opportunity not only set his career in motion with “phenomenal training” from one of the “kindest human beings you could ever meet,” it also took Messick to Faribault. There, he con- nected with attorney J. Scott Braden who made Messick an offer of employment and eventually made him a firm partner. “We have a great relationship, and it was a sad parting in that I really enjoyed being there. The mentor- ship and guidance I received from my former partners was priceless.” B. Steven Messick Straightforward Legal Solutions in Tangled Times BY H. K. WILSON OUTSTATE FIRM SPOTLIGHT ATTORNEY AT LAW MAGAZINE · MINNESOTA · V OL. 9 NO. 7 8Messick had a vision to continue expanding his practice and, with a strong outstate presence, he saw an opportunity to grow a mid-size firm with an emphasis on diversity and in- clusion. Although he has established brick and mortar in Woodbury, he says a physical presence will fol- low in Southern Minnesota. “I really want to focus on having diverse practitioners from diverse backgrounds. We automatically think of the metro area when we have a discussion about diver- sity, which is a limiting view of diversity and inclusion. We have diverse communities throughout the state and vast numbers of per- sons who have immigrated from other countries and cultures. If they have refugee status, they enter the country authorized to work. Often, these individuals are seeking work in various agricul- tural and manufacturing opera- tions in rural areas. The commu- nities we serve are increasingly diverse, and I see a need to reflect that in our staff. Diversity is an important part of our firm’s state- ment of values.” While the Great Recession upended many aspects of the traditional law firm model, the pandemic has challenged it further. In addition to a focus on diversity, Messick is adapting a decentralized business model that uses technology to serve clients with greater flexibility and comfort. “It’s still important to have physical presence in the commu- nity, but we’re doing so much more virtually. We’ve seen that clients have adjusted to that during COVID and, in some instances, prefer that. I want to leverage as much technology as possible, and as people start coming on board, I think we will have more re- mote options. The old rule of being in the door at 8:00 a.m. and staying late — that model has passed. That’s not the culture I want to have. I want peo- ple to be excited to work; that’s when you get the best from people. The late nights should be the exception. We’ve learned in this COVID environment that clients can be served, receiving high quality and ethical work from anywhere. Of course, there are some drawbacks. People want to be con- nected, and they need that commu- nication stream to be open daily so they can be mentored and share ideas. I want to find ways to foster that in a new model that also gives practitio- ners more flexibility and choice.” With the pandemic has come a whole universe of new legal questions. Messick has been busy poring over new guidelines and advising clients on unprecedented issues while wait- ing for government agencies to catch up. “There is no CLE on how to advise a client through a global pandemic. It’s been really interesting. Thankfully, I’ve been able to craft solutions that meet government requirements and the needs of clients.” Moving into the “new normal,” Mes- sick is eager to onboard talent in ar- eas where people will have an urgent need for help, in particular, housing and family law matters — especially child custody and parenting time is- sues, which have been complicated by changes in work, school and child- care schedules and social distanc- ing practices. “The people I want to bring in will be leaders. I need them to take on leadership of these divisions and bring in younger at- torneys to mentor.” Outside the office, Messick fo- cuses on his family and serving the community. He and his wife have three young children, and they en- joy getting away to their cabin in the Cross Lake area, where they recently spent a month working remotely and connecting with extended family during the shut- down. Messick serves on the board of directors for the Minnesota Youth Ski League (MYSL). In the winter months, he coaches cross country skiing through MYSL and can often be found at Afton Alps watching his kids downhill ski. Messick also volunteers his time with Southern Minnesota Regional Legal Services (SMRLS) and provides counsel to the Karen Organization of Minnesota (KOM). Looking to the future, Messick is enthusiastic about providing practical solutions to complex legal matters to folks in the metro and beyond, while fulfilling his firm’s mission of “creating and maintaining an inclusive environ- ment, where all persons are treated with dignity and respect.” With an AV Preeminent Rating from Martindale-Hubbell for his strong legal ability and high ethical standards, Mes- sick has also been recognized by Super Lawyers as a Rising Star since 2019. He is currently a member of the Minne- sota State Bar Association Council and serves as a referee on the Rice County Conciliation Court. MESSICK LAW, PLLC 1800 Wooddale Drive, Suite 205 Woodbury, MN 55125 (651) 505-0085 (507) 581-5580 messicklaw.com I really want to focus on having diverse practitioners from diverse backgrounds.” AttorneyAtLawMagazine.com 9Next >