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Heaton Receives Pro Bono Publico Service Commendation, Again

Aug 16th 2010

Heaton once again receives Pro Bono Publico Service Commendation for contributing in excess of fifty (50) hours of pro bono public service in the 2009 calendar year.

Heaton Produces LPM Seminar

Feb 5th 2010

The Minnesota Lawyer weekly newspaper, a publication focused entirely on the legal profession, provided a short article on its internet-only edition featuring a recent seminar produced by the firm’s president, Adam W. Heaton.

In a continued quest to provide cost effective legal and business solutions for clients, many months ago Heaton began considering whether investing in a highly-specialized law firm management software application system would provide more than adequate return on investment.  These software application systems are commonly referred to as “law practice management” or “LPM” systems or applications.

It was not long before it became clear that in order to effectively evaluate these LPM applications, it would be necessary to have a representative of the company provide a live demonstration of their LPM system.  However, setting aside the appropriate time to meet with multiple software vendors for a demonstration of their system could easily wipe out two or three days of productivity, while not providing perhaps the most valuable piece of the entire evaluation process:  the ability to compare and contrast the leading LPM application systems in real time, side-by-side.

Recognizing that there must be other attorneys practicing in smaller firms who would also like the opportunity to see how these LPM systems worked, and whether one system seemed to perform better than another, Heaton contacted a couple of people he knew that could put him in touch with the right person at LexisNexis®, as well as someone with the company formerly known as West®. 

Evaluating only two systems just didn’t seem adequate; so after asking around and doing a little of his own research, Heaton came upon a company that approached the development of a LPM application from the perspective of overworked practitioners who have no interest in learning another software application—that company is Client Profiles™.  Client Profiles™ utilizes a Microsoft® software architecture that makes it possible for its LPM system to integrate seamlessly with the applications attorneys are already familiar with and using daily on their PCs.

Leveraging their respective competitive spirit, Heaton quickly convinced each company to participate in a live side-by-side demonstration, making use of three separate laptop computers, each connected to a separate projector that projected their respective LPM application systems up onto large screens positioned side-by-side so that everyone in the room could observe as each vendor representative demonstrated how essential tasks were carried out by its system.

In the end, the program was a success.  Fighting a fresh snowfall that complicated the commute to the conference center the morning of the event, nearly everyone who registered in advance attended, and it also appeared that no one left early—a testament to each attendee’s appreciation for the information being provided.

New Member on the Heaton & Associates' Team!

Feb 3rd 2010

Heaton & Associates would like to announce that Matthew M. Van Nuland has joined our team.  While at William Mitchell College of Law as a member of the adjunct faculty, firm president and founder, Adam W. Heaton, had the opportunity to meet Van Nuland and was so impressed that he encouraged Van Nuland to follow up with him about possible employment.  Van Nuland is in his final year of law school at William Mitchell.  His education, both legal and undergraduate, has focused on business development and financing.  Heaton & Associates plans to use Van Nuland’s skills and knowledge to continue providing exceptional legal services to current and future clients.

Brief Filed with Minnesota Court of Appeals

Jan 11th 2010

Heaton & Associates filed appellant’s brief with the Minnesota Court of Appeals seeking a determination that the district court erred in concluding that the lender’s loan documents obligated the lender to disburse funds; when in fact, the loan documents actually provided that the lender could require the borrower to perform profuse and complex tasks prior to its allowing the disbursement of loan advances. 

In addition, the loan documents did not provide for the objective compliance by the borrower of some conditions precedent; such as, a mere checklist of defined tasks to be completed prior to the disbursement of loan advances.  Instead, the loan documents allowed the lender to require the borrower to perform and complete numerous tasks, and the lender could require that those tasks be completed to the indeterminate standard of the lender’s own completely subjective sense of satisfaction. 

There existed no definition of an objective standard by which the borrower could judge that the tasks and actions it performed pursuant to the lender’s directions were completed satisfactorily.  The lender was the sole arbiter as to what constituted satisfaction of its conditions.

In light of the numerous methods by which the lender could avoid disbursing funds, the lender’s loan documents clearly did not obligate the lender to disburse the loan funds, and as such, the lender is not entitled to the same protections provided to a mortgagee that has disbursed the entire amount of the note secured by the mortgage instrument; but instead, should only be granted the protections provided by a mortgage instrument in an amount equivalent to the funds that were actually disbursed by the lender.

Breidenbach Company, LLC, Appellant vs. Prosperity Real Estate Investments, LLC, et al., Respondents
Appeal Filed September 21, 2009

Attorneys Ensure Family is Together for the Holidays

Dec 31st 2009

We are devoted to providing not only the legal counsel they need, but a superior level of service, commitment, and enthusiasm to deal with tasks big and small so our clients can focus on the truly important things in life.

When Murphy’s Law seemed determined to derail a multi-million dollar acquisition of an on-going business enterprise and its related commercial real estate, and our client’s family vacation to Costa Rica was threatened by the possibility that dad would need to stay behind to ensure the deal was completed before January 1st, the attorneys of Heaton & Associates made the necessary and appropriate arrangements to ensure that did not happen so the family could be together for the holidays as originally planned. 

Already a hectic time of year for most people, then compounded by the impact of the “end-of-the-tax-year,” as well as a written legal argument due to the Minnesota Court of Appeals on behalf of another client during the same time period, and addressing the needs of still other clients as well, our attorneys did what we always do--we put in the extra effort and time in order to ensure our clients’ legal needs were taken care of...
...providing more than simply a fee-for-service relationship to the clients we serve.  We strive to demonstrate that we truly do care!

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