Who Is a Prospective Client?
Formal Opinion EF-11-03 discusses the definition of and duties owed to prospective clients, including when a lawyer is contacted through a lawyer website or by email.
Preventing Conflict-of-Interest Obstacles
Although Wisconsin attorneys are rarely disciplined for violating conflict-of-interest rules, representing clients whose interests conflict can result in loss of clients and harm to reputation and thus should be avoided.
'Catch 22' Ethical Dilemma for Defense Counsel in TPR Litigation
Losing one's parental rights is a serious matter, which is why representation by counsel and appearance and participation by parents is required in termination of parental rights litigation. But defense counsel face an ethical dilemma when a court denies a motion to withdraw because a parent’s conduct makes it impossible for counsel to provide adequate representation. To continue representation violates professional conduct rules. To not continue representation violates statutory law. It's a "Catch 22."
Career: Women Lawyers Walking the Tightrope
In part two of this two-part article on women lawyers balancing work and life, the author discusses the advantages to law firms of embracing the move to greater diversity of employees and clients.
Changing the Rules on Rulemaking
2011 Wisconsin Act 21 significantly changes how administrative rules are promulgated. Among other things, it narrows state agencies’ rule-making authority, gives the governor new powers to approve or prevent the adoption of rules, expands the economic-impact-analysis requirement to all agencies, and expands venue in declaratory judgment actions to all counties.
Ethics: Representing Clients Outside of Wisconsin
A Wisconsin-licensed attorney may provide legal services on an occasional basis in a state in which the lawyer is not licensed and not thereby violate the rules prohibiting the unauthorized practice of law.
President's Message: Mining in Wisconsin
Current mining proposals present opportunities for lawyers in a variety of practice areas. To help members gain the knowledge they need to maximize these opportunities, the State Bar is presenting a mining law symposium on Aug. 25
Repair or Replace? The Economic-Waste Doctrine in Construction Defect Cases
Damages in construction defect cases are generally measured by the cost to repair the defect. But in cases posing economic waste – in which a repair requires significant reconstruction or, despite a high cost, would not improve the property’s value – the measure is the decrease in property value caused by the defect. The inherent vagueness of the economic-waste doctrine often complicates determining which measure should be used in a given case.
WebXtra: Changes to Wisconsin’s Products Liability Law
To recover for an injury caused by a defective product, plaintiffs now must prove a manufacturer rejected a reasonable alternative design that would have reduced the foreseeable danger. In this video, available online with the July 2011 Wisconsin Lawyer, coauthor Jessica Ozalp explains that the adoption of this new test of defectiveness is among the biggest changes to Wisconsin’s products liability law.
A New Era: Products Liability Law in Wisconsin
Wisconsin’s products liability law has undergone a sea change. Changes to Wis. Stat. chapter 895 adopt a new test of defectiveness, leaving behind the analysis of consumer expectations in strict liability claims and substituting the reasonable-alternative-design standard. Plaintiffs now must meet more stringent requirements to recover for an injury caused by defective products.