Procedural Gray Areas: New POA for Finances
Wisconsin's new power of attorney for finances provides more guidance for agents and protection for principals. Still, some uncertainties remain as to the meaning and effect of the law that created the new POA.
Protected Thoughts? IRS Threatens Attorney Work-Product Doctrine
The IRS has had some success persuading courts to limit the application of the attorney work-product doctrine forcing disclosure of work product – including an attorney's mental impressions – in certain situations. If the IRS can make inroads, other agencies or private parties may follow.
Wisconsin's New Automobile Insurance Law
The statutes concerning automobile insurance have seesawed during the past few years. A new law, effective Nov. 1, creates more restrictions to recovery. To competently represent car owners and anyone who could be injured in an accident, attorneys need to understand the new law.
WebXtra video: Don't be victim to scammers
Lawyers regularly receive email messages from prospective “clients” whose goal is to trick the lawyers into transmitting funds to the message senders. In this video, Madison attorney Thomas Watson notes business loans, commercial litigation, family law, and real estate appear to be the areas of law most commonly used by scammers. Watson urges, “Be wary of clients who make contact only by email, and be careful with your online banking system, particularly when it comes to your trust accounts.”
Inside the Bar: A Lawyers' Marketplace
This month, the State Bar will upgrade WisBar's Marketplace, making it easier and faster to search for and purchase State Bar products and register for seminars and other events.
Navigating Conflict-of-Interest Disqualification Motions
By making clear that objections to an attorney’s involvement in a case on conflict grounds can be raised by nonclient parties as well as by clients, a recent Wisconsin decision has increased the burden on lawyers to conduct thorough conflict-of-interest checks.
The Pendulum Swings: No More Early Release
The pendulum of sentencing policy has swung back again in Wisconsin. 2011 Wisconsin Act 38, which became effective Aug. 3, signals a return to truth-in-sentencing by changing the state's criminal sentencing laws to eliminate or adjust many of the procedures that had allowed early release of certain inmates.