Daniel P. Suitor
Attorney at Law
Your neighbor, your lawyer
I am a people-first attorney who practices in Minnesota. I live in South Minneapolis, and my career has been devoted to serving my community. Whether it be defending tenants' rights from unscrupulous landlords, protecting the work of our local journalists, or fighting for our democratic process, I stand with the people of Minnesota against corporate interests and those who serve them.
My experience ranges from small claims court to federal class action trials. I am committed to offering quality representation to working-class people on contingency or at a reasonable price.
My Practice Areas
TENANTS' RIGHTS
I began my career as a tenants' rights attorney and it remains my professional passion. I represent tenants (and tenants only) in evictions, Rent Escrow and other repair cases, lockouts, security deposit disputes, retaliation and right-to-organize lawsuits, and more. Whatever the case, you can count on me to stand up against your landlord.
I have been at the forefront of tenants' rights issues in Minnesota. I have brought cases under new legal theories. I have drafted legislation and consulted with elected officials. I have advocated for strong policy outcomes for tenants. I have been quoted as a resource on tenants' rights issues by publications such as the Star Tribune, St. Paul Pioneer Press, and MinnPost. This knowledge, experience, and determination drives my work.
FREE SPEECH
We live in a time when the legal system has become increasingly weaponized to suppress free speech. SLAPP lawsuits (Strategic Lawsuit Against Public Participation) are often used by the rich and powerful and targeted at journalists or activists in an effort to bully them into silence. Even when the truth is on your side, mounting a legal defense can be expensive and time-consuming.
In recognition of this fact, our legislature recently passed a new anti-SLAPP law: the Minnesota Uniform Public Expression Protection Act. In addition, our state maintains a powerful journalistic privilege law, the Minnesota Free Flow of Information Act. If you are an activist being sued for your political speech, or a journalist being sued or subpoenaed, you have legal recourse.
PROTECTIVE ORDERS
If you are being harassed or are the victim of domestic violence, you can seek a protective order against the person committing those acts against you. These cases, whether they concern a Harassment Restraining Order or Order for Protection, are often sensitive, emotionally difficult cases that require a great deal of discretion. I strive to bring both strength and compassion to these disputes while seeking the appropriate protections for my clients.
GOVERNMENT DATA PRACTICES
Minnesota has strong government transparency and accountability laws in the Minnesota Government Data Practices Act, essentially our state's version of FOIA. Government agencies and entities must make large amounts of their data (emails, internal documents, etc.) available to the public upon request. Sunlight laws such as the MGDPA are important for holding our state and local governments accountable. If you have been denied government data, you may have legal remedies to compel disclosure of that data.
Notable Cases
Wonsley & Wilson v. Wall
I represented two progressive political candidates when a major landlord in Minneapolis wouldn't allow them to canvass his buildings as required by law. Suing under the Minnesota Fair Campaign Practices Act, my clients took the landlord to trial to vindicate their rights to meet voters where they live.
After a hard-fought case, which included preparing for trial with less than two days' notice, my clients prevailed. You can read the Star Tribune's coverage of the case here.
Taylor Dahlin & Wedge LIVE!
I represented two local journalists who were pursued by a candidate for Minneapolis City Council in various legal proceedings against them. First, they were served with subpoenas in a Fair Campaign Practices suit against a third party. Then the candidate filed two complaints with the Minnesota Campaign Finance Board alleging a host of campaign violations against the journalists.
My clients won on all counts. They were not required to produce documents under the subpoena, and both CFB actions were dismissed. Their victory was a win for the free and independent press that serves Minneapolis. You can read the Star Tribune's coverage of the cases here.
Eviction Defense
I have successfully defended tenants in complicated and highly contested eviction actions. My command of eviction defenses and experience with all stages of eviction litigation (motion to dismiss, trial, post-trial motions) means that, while many eviction cases settle, I am prepared to see your case all the way through if need be.
I have taken eviction cases on 15 minutes notice and reached favorable outcomes. I have obtained dismissals on a variety of jurisdictional, procedural, and merits-based grounds. I have gone up against the lawyers hired by luxury properties and won. But creative problem-solving as a negotiator is just as valuable as litigation prowess. One of my clients even walked away from his eviction hearing with a settlement that provided a one-year extension to his lease.
Note: I do not share the names of my clients or case documents in this section to protect the privacy of my eviction clients, who typically seek to have their records expunged.
Novel Case Theories
Part of serving my clients is a willingness to break new ground and try cases without a playbook provided by previous cases. I am committed to staying on top of developments in the law, from both the legislature and appellate courts, in order to assert new legal theories on my clients' behalf.
Based on my review, I appear to be the first attorney to bring an affirmative case under Minnesota's new retaliation protections for tenants. I also seem to be the first to test new language in Minnesota's apartment canvassing law which requires "that access [by political candidates] must be permitted during the hours of 9:00 a.m. through 9:00 p.m. on any day." And I won a security deposit case based on an argument about housing subsidies that has never been ruled on by our appellate courts.
Fee Structures
Access to justice in civil cases is a major issue with our legal system. Unlike in criminal cases, there is no right to guaranteed representation in most civil disputes. Our legal aid and nonprofit organizations don't have enough funding to offer representation to everyone who needs it, and there are not enough pro bono resources to go around. Compounding that lack of free representation, there are many types of cases that attorneys are reluctant to take because they aren't seen as profitable enough.
So, it's no surprise that your first question might be "What will this cost me?" I am committed to keeping my services accessible to the people who need it. To that end, I try to take cases on contingency, so that my clients pay nothing down and we share in the final result. I also seek out claims that have fee-shifting provision that may require the other side to pay my fees if you win. The right billing structure for a case depends on the specific circumstances. As a part of my services, I am always happy to go over your options and explain my reasoning for the proposed billing structure in your case.
CONTINGENCY FEES
A contingency fee is an agreement that, instead of taking an upfront fee or charging by the hour, an attorney will instead be paid by collecting a percentage of what their client recovers, either by winning or settling a case. Contingent fees in typical civil matters in Minnesota commonly range from 33% to 40% depending on the facts of the case.
The upside to a contingency fee is that the attorney and client's economic interests in the case may be more aligned. When an attorney is only paid based on the quality of the client's outcome, there are fewer incentives to run up the bill on a case. The downside is that not every case may be suited to a contingent fee, especially if the favored outcome for a client does not have much or any monetary value.
My practice is generally to pair my contingency fee arrangements with an agreement to seek a fee-shifting award whenever available. This means my clients may ultimately keep more of their recovery for themselves.
FEE-SHIFTING
The default law in every state, including Minnesota, is that (outside of a few specific situations) unless a statute or contract specifically says so then each side of a lawsuit is responsible for their own attorney's fees. This is often referred to as the "American Rule," because it is a departure from the courts of England, where our common law system has its origins. The upside to the American Rule is that it can encourage plaintiffs and their lawyers to pursue tough cases without fearing that the defendant will be able to charge them for their high-priced attorneys. The downside of the Rule is that the cost of attorney's fees can make some cases with lower monetary damages uneconomical to pursue.
The solve that issue, our legislature has passed laws providing that in certain cases the winner of a lawsuit can recover reasonable attorney's fees from the other side. This is true with certain landlord-tenant law, which allows me to offer representation in many cases where my client's damages would be completely eclipsed if they had to pay my hourly rate. Wherever available, I seek to utilize fee-shifting laws to open up representation in cases without the damages to pay for my work under a contingent fee.
FLAT FEES
In some cases, an attorney may agree to handle a case for a predetermined, all-in, "flat" fee. Flat-fee agreements are subject to specific ethical rules for the protection of clients. When agreeing to a flat-fee, the scope of the work covered by the fee must be clearly defined so that the attorney and client know precisely what work is covered and what work isn't. Attorneys generally require flat fees to be paid up front or at certain milestones in a case.
The upside to a flat fee is that clients have more certainty about the costs of their case. And a flat fee may make a case more viable for an attorney to take, particularly if the monetary recovery is likely to be low. The downside is that a client may wind up paying disproportionately more than they would under an hourly billing agreement if the case settles quickly or requires relatively less of the attorney's time than they would pay under an hourly billing agreement. And flat-fee agreements are not always economical for attorneys, who run the risk of "outworking" the flat fee if developments in the case require more of their time than they estimated.
HOURLY BILLING
This is likely the most common and well-understood fee structure attorneys offer. The attorney and client agree on an hourly rate (sometimes varying by the type of work done within a case), which is multiplied by the number of hours worked. Best practices are for the attorney and client to discuss estimated costs to complete the case, and the factors that might cause a case to exceed that estimate.
Attorneys often require some of their fees to be paid up front, but any advance fees must be held in a trust account and only accepted by the attorney as they are used. While sometimes referred to as a "retainer" agreement, a classical retainer is a fee intended to reserve an attorney's availability in the future. The modern term is "advance fee deposit."
There are many cases that do not make sense for an attorney to take on contingency. For example, in a protective order case there is not generally any economic recovery. Or there may be circumstances, such as an early settlement, which result in a client paying less under an hourly billing arrangement than with a contingent fee.
Contact Dan
If you think I can be of assistance, please don't hesitate to reach out. My consultations are always free. I cannot take every case, but I'm willing to listen. Even if the issue you're having doesn't fall under one of the categories I talk about on my website, I'll evaluate whether I can represent you.
Reaching out via my contact form does not create an agreement to represent you. However, ethical rules governing attorney-client confidentiality make any information or documents you submit to me confidential even if you don't hire me.
In many cases, particularly with landlord-tenant issues, you may be better off trying to resolve the problem on your own rather than paying me. This is especially true in evictions for nonpayment of rent, where there are relatively few defenses. HOME Line is a nonprofit which can give any tenant in Minnesota free legal advice. If you haven't spoken to them already, I highly suggest it. And if your income is below 125% of the Federal Poverty Guidelines, you may qualify for free representation from the legal aid organization serving your county. I'm not trying to dodge your case. These are merely good first options.
A few things I don't do:
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I don't take cases I wouldn't take to trial
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I don't take cases I don't believe can win
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I don't represent landlords
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I don't practice criminal law
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I don't practice family law