Family Law

• Child Custody and Visitation
  While in Law School, John was a member of the North Dakota Law Review. He was the Student Articles Editor for the 2012 and 2013 school year. John authored the Note entitled “Who are My Real Mommy and Daddy? Third Party Child Custody Determinations and the Need for Legislative Guidance in North Dakota with this Policy-Laden Area of Law” published at 88 N.D. L. Rev. 235 (2012) which in 2012 was chosen by the North Dakota Bar Foundation as the Outstanding Note for the year.
• Guardianship
  A guardian and conservator are appointed by the court when it is alleged that an individual is incapacitated. A guardian is appointed to supervise specified aspects of the incapacitated individual’s care, such as living arrangements, medical care and rehabilitation. A conservator is appointed to manage the assets of the incapacitated individual.

Criminal Law

• Wrongful Death

Business and Corporate Law

• Mergers and Acquisitions
• Business Disputes
  Ryan W. Ames (rames@northdakotalaw.net) joined the firm in 2021 as a law clerk during his third year of law school. He officially joined the firm as an associate in 2022 and concentrates his practice on banking, commercial and business law. Ryan graduated magna cum laude from the University of North Dakota in Grand Forks, North Dakota with a bachelor’s degree in Political Science and a minor in Economics in 2018. He graduated cum laude from the University of North Dakota School of Law in 2021 earning his Juris Doctorate. While in law school Ryan was a corporate legal intern for United Healthgroup and clerked for the Northeast Central Judicial District. He is licensed to practice in North Dakota.
• Business Transactions
  The goal of the attorney members in the Real Estate Practice Group is to make any real estate transaction smooth and efficient. From a simple quit claim deed to the most complex of commercial transactions, they have the knowledge and experience to “get the deal done” in a thorough, yet expeditious manner. The attorneys in this practice group include licensed abstractor and licensed agents for title insurance in Minnesota and North Dakota. We provide our clients with a wide range of services, including the following...
• Construction Contracts
  When disputes arise, it may be possible to avoid full-blown civil litigation. Many construction contracts include an arbitration clause providing that both parties must submit to arbitration to resolve disputes which may arise. Arbitration is similar to the civil litigation process, but is typically faster and more cost-effective. Arbitration involves the presentation of evidence, arguments and witnesses before a neutral arbitrator. The arbitration decision is typically binding and cannot be appealed. We can assist in every step of the arbitration process to make it as efficient and effective as possible.
• Antitrust

Employment Law

• Workers Compensation
• Wrongful Termination
  We advise employers when they are faced with legally questionable discharge issues and wrongful termination claims. We will evaluate the litigation potential involved with a particular situation to enable the employer to make an informed termination decision. We can also provide representation should an employee bring a wrongful discharge action against the employer.
• Employment Contract
  If you are involved in a dispute concerning any contract or agreement, including employment contracts, non-compete agreements, buy-sell agreements, or another commercial transaction. We can provide you with the experience and expertise necessary to help evaluate and resolve the dispute in a cost-effective manner, whether through negotiated settlement or through trial if necessary.
• Employment Litigation
  Even in the best-run businesses, claims may be brought against an employer by its employees. When these situations arise, we evaluate the claims and provide employers with guidance and advice on the best strategies and provide legal representation when needed in both settlement and litigation settings.
• Non-compete Agreement
• Sexual Harassment
  It is vital that employees be made aware of accurate, current workplace policies and procedures covering such issues as performance and conduct expectations, leaves of absence, sexual harassment, and equal employment. Depending on an employer’s need, we can provide a company with a new employee handbook or review its existing handbook and provide feedback and/or revisions.

Property Law

• Real Estate Litigation
  Our attorneys provide assistance with both residential and commercial loan closings from beginning to end, including the review or drafting of the initial purchase agreement, drafting of loan documentation, settlement statement preparation – including gathering of all necessary information – and recording of all documentation. The Real Estate Practice Group prides itself in providing a smooth transaction and in being problem solvers when it comes to issues involved in real estate matters. They work effectively for buyers, sellers, lenders and as closers in communicating with the other lawyers or realtors involved in any real estate closing.
• Premises Liability
• Construction Litigation
  The Construction Law Practice Group offers a wide range of legal services which involve all aspects of the construction industry. Our clients include contractors, subcontractors, suppliers, engineers, architects, and insurance companies. Some of the legal services provided by the construction law practice group are as follows...
• Real Estate Transactions
  The Real Estate Practice Group of Zimney Foster P.C. provides clients with advice in all areas associated with real estate transactions, including negotiation and drafting of contracts for both buyers and sellers, reviewing and drafting of leases, property management agreements, contracts for deed, preparing and reviewing financing documents, examining title and clearing any objections to title, and the closing of all types of real estate transactions.
• Landlord-Tenant Disputes
  We provide advice in reviewing and drafting leases for residential, agricultural, and commercial real estate for both the landowner and the tenant. We also provide advise and services needed regarding landlord tenant relations, including security deposit accounts, evictions and resolution of related issues.

Health Law

• Personal Injury
  Founded in 1932 in Grand Forks, North Dakota, Zimney Foster P.C. has been providing exceptional, reliable service to clients for more than 85 years. We offer a broad range of legal services to individuals, small businesses, financial institutions throughout North Dakota and Minnesota, as well as nationally-known corporations throughout the United States. The attorneys at Zimney Foster P.C. practice a variety of legal areas including Banking and Commercial Law, Business Law, Construction Law, Insurance Law, Mediation, Personal Injury Law, Real Estate Law and Estate Planning. We are dedicated to following the highest level of ethics and professionalism, to thoroughly understanding our clients’ needs and to providing high-quality, cost-effective solutions for each client’s individual legal issue.
• Medical Malpractice
  Jocelyn received her undergraduate degree in English from the University of North Dakota. She graduated magna cum laude from the University of North Dakota School of Law in 2019 and was elected to the Order of the Coif. During her time in law school, Jocelyn was a member of the North Dakota Law Review and served on the 2018-2019 Board of Editors as Technical Editor. Her Case Comment on the topic of medical malpractice was published in 2018. She is currently a member of the State Bar of North Dakota.
• Auto Accidents

Trusts and Estates

• Estate Planning
  Abigayle M. Lindgren (alindgren@northdakotalaw.net) joined the firm in 2020 and concentrates her practice on estate planning, probate, real estate, and business matters. She is licensed to practice in North Dakota and Minnesota.
• Wills
• Trusts
  A trust is a legal entity through which a person or entity called the Trustee receives and holds title to the assets transferred to the trust by you, the Trustor or Grantor, for the benefit of those named as beneficiaries. The trust document sets forth the rules governing the Trustee’s actions. A trust can be irrevocable or revocable. An irrevocable trust cannot be changed after it is created, whereas a revocable trust can be modified, or even terminated, by the Grantor. Some of the reasons a trust is used include the transfer of property much like a will, to assist in managing assets prior to death and to avoid probate.
• Power of Attorney
  A health care power of attorney, or health care directive, is used to provide another party with the right to make health care decisions for you in the event you are unable to do so yourself. These can be general in nature or very specific as to what your wishes are, and usually, they are not effective unless a doctor determines you cannot make decisions for yourself. A living will is often a part of this document or a separate document executed to inform your attorney in fact as to what your wishes are. A health care directive, sometimes referred to as a living will, is a statutory form that is used to specify your instructions as to the use of life support, nutrition and hydration. Your instructions may be to use all means necessary to keep you alive, to provide no assistance, or to leave all decision making to your health care power of attorney appointee.
• Probate

Finance Law

• Foreclosure
  Tracy A. Kennedy ( tracykennedy@northdakotalaw.net ) joined the firm in 1999. She is a Partner at Zimney Foster and her practice is devoted to banking law, commercial loan documentation, credit workout and restructuring as well as creditor’s rights, credit enforcement, agricultural lending and credit transactions. She served for over 10 years as adjunct faculty at the University of North Dakota School of Law teaching UCC Article 9, UCC Articles 3 and 4 Commercial Paper and Payment Systems, Secured Transactions and UCC Article 2 Sales. She is a Fellow in American College of Commercial Lawyers. Tracy enjoys presenting seminars in person and virtual to various legal and lending organizations in commercial topics such as loan documentation, Uniform Commercial Code, loan workouts, agricultural liens, collection law, foreclosures and bankruptcy. In her free time she enjoys volunteering for North Dakota Special Olympics and serving on their State Finance Committee.