Blog

February 20, 2019

How a DUI Can Affect Your Life

Getting arrested for driving under the influence(DUI) is always a stressful experience. If you then face criminal charges, you may be concerned about the court-imposed penalties if you’re convicted, which can be serious. However, many people fail to realize that a DUI conviction can have long-lasting consequences that persist well […]
February 18, 2019

Buy-Sell Agreements: Unreasonable Restrictions on Alienation

In general, a buy-sell agreement is a contract between the owners of a company and the company which both restricts the transfer of ownership and facilitates the sale of an ownership interest. A buy-sell agreement provides a mechanism for an owner to sell his or her ownership interest in a […]
February 14, 2019

Who can Face Charges of Domestic Violence?

Traditionally, you may think of domestic violence occurring only through physical assault between couples.  However, the law provides for a much broader definition of domestic violence. First, the statutory definition of domestic violence in North Dakota includes: physical harm, bodily injury, sexual activity compelled by physical force, assault, or the […]
February 12, 2019

How is Bail Established?

Bail is defined as “the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court.”  If you have been arrested and held in custody, a judge may allow for your release, contingent upon certain conditions like […]
February 8, 2019

Do You Really Need a Lawyer to Create a Will?

These days, it seems like you can find online instructions for doing nearly anything. While there’s certainly information out there related to creating your own will, trying to use pre-fabricated forms is a recipe for disaster. Your will is an important document that is critical to your family’s financial future, […]
February 6, 2019

New Minnesota DWI Law Takes ATV

On August 1, 2018, Minnesota had a new law in effect which creates stricter consequences for individuals who have driven while intoxicated, regardless of what type of vehicle they were driving.  In addition to the criminal penalties associated with a DWI, there are also administrative sanctions resulting in driver’s license […]
January 31, 2019

Work Anniversary Celebration!

At O’Keeffe O’Brien Lyson Foss, we know it’s truly a team effort. Our people make all the difference in the great service we provide our clients. So to have a work anniversary for two longtime team members is truly a celebration. Recently we had a little party for two longtime […]
January 29, 2019

Distracted Driving Involves Much More than Cell Phones

Driving is an immense responsibility that each of us accepts every time we get behind the wheel. When you’re motoring down the road, your attention should be focused solely on driving safely. Put simply, distracted driving is dangerous driving. While the advent of smartphones and our devotion to them is […]
January 23, 2019
last_will_and_testament_papers

What is Probate?

January 21, 2019
Close_up_of_bandaged_hand

Surgical Errors Entitle Victims to Compensation

If you must undergo surgery, and you trust your hospital, doctor, and surgeon to provide you with the high-quality medical services that you need. If instead of moving forward toward improved health after surgery, you come away with injuries caused by a surgical error, it can be devastating. Medical facilities […]
January 17, 2019

What You Need to Know About Restraining Orders

If you or someone you know is in a relationship or situation where they feel they would benefit from a restraining order, it is important to understand what they are and how they work. This can be a stressful and nerve-wracking experience for many, but in the end, a restraining […]
January 15, 2019

Is There a Grace Period for Real Estate Purchase Contracts?

Nearly every adult and child of age to make a purchase in North Dakota or Minnesota has experienced “buyer’s remorse,” that feeling one gets when one makes a purchase that is not as great of a bargain as the buyer initially thought. Perhaps it was a “splurge” purchase that, upon […]
January 11, 2019

Your Child Has Been Charged with a Felony. What Should You Do?

Your child has been charged with a felony. We know this is a scary, uncertain time. There are many emotions flying around, and it may be unclear what you should do. Even as a juvenile, this event will affect the rest of their life. If your child was recently charged […]
January 9, 2019

5 Reasons Why a Prenuptial Agreement Is a Good Idea

When entering into a marriage, the plans are always for it to last forever. Unfortunately, that may not always be the outcome. Today, around half of all marriages tragically end in divorce. While this conclusion may never be your intention, with such high odds, protecting yourself and your assets before […]
January 5, 2019

Ignoring a Cease and Desist Letter: Things That Could Happen

A cease-and-desist letter, also known as a demand letter, is a written communication that demands that the recipient cease and desist from actions that interfere with the sender’s legal rights or ownership. Cease-and-desist letters are not typically legally binding, but often threaten litigation if the alleged violation does not stop […]
January 3, 2019

Do Grandparents Have Visitation Rights?

As a grandparent, watching your grandchildren grow and flourish is one of the most joyful parts of life. When your child and their significant other terminate their relationship, however, child custody can become a major issue, with visitation rights between the parents a focal point. Often times though, a grandparent’s […]
December 28, 2018

The Consequences for Drug Charges in North Dakota

Hardly a day passes without the evening news or the local paper mentioning drugs and drug charges. While the frequency of these charges has increased recently, the consequences have remained rigid. North Dakota State Law According to North Dakota state law, it is a class C felony to possess most […]
December 26, 2018

Different Levels of Misdemeanors in North Dakota: What do They Mean?

Generally speaking, a misdemeanor is a crime that has a maximum penalty of up to one year in jail or prison. In the United States, each state is able to classify different levels of misdemeanor crimes.
December 18, 2018

Ownership Issues for a Startup Business

Various issues can always arise when starting a business, especially when ownership and responsibilities are not clearly laid out from the start.  When starting a business, it is crucial to discuss ownership, compensation, and responsibilities.  This can be challenging when a business is first forming and those roles are evolving […]
December 12, 2018

An Introduction to Asset Protection

An asset is defined as, “property owned by a person or company, regarded as having value and available to meet debts, commitments, or legacies.”  As a result of legal liability, assets can be levied upon by creditors.  Protecting assets is not about hiding assets, it is about utilizing options to […]
December 10, 2018

Real Estate “Dual Agency” – What does it mean?

In real estate transactions, dual agency means one real estate agency or firm represents more than one party.  For example, a real estate agent becomes a dual agent when he or she represents both buyer and seller.  Dual agency also arises when the same real estate agency or brokerage firm […]
December 7, 2018

Establishing the Value of Your Case

Before pursuing litigation, it is important to consider the value of your case.  An accurate assessment of your case’s value, meaning how much you stand to gain if you are successful, is crucial to making important decisions at each step of the litigation process. How to calculate the value of […]
December 4, 2018

Work Email: Who Owns it?

Generally, employers own work email accounts.  Employers typically own the computer used to access the email, servers, and other data.  Accordingly, emails sent and received on work email accounts are the property of the employer and can generally be monitored by the employer.  Employees should not expect email messages to […]
November 29, 2018

Foss Presents at Cass County Bar Association Meeting

Sean Foss, a partner at O’Keeffe O’Brien Lyson Foss attorneys in Fargo, ND, recently was a featured presenter at the November meeting of the Cass County Bar Association. Foss presented on the subject: “Voting Rights in North Dakota – Historic laws, Recent Changes and Litigation.” His presentation satisfied CLE credit […]
November 26, 2018

So You’ve Been Arrested on Solicitation Charges – What Now?

What is solicitation? If you try to seek the services of a prostitute, you may be arrested for solicitation.  Criminal solicitation may also apply to other crimes, but it is commonly referred to in relation to soliciting a prostitute.  Solicitation generally refers to hiring, offering, or agreeing to hire an […]
Pay Now