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Supreme Court Digest
In this column, Prof. Daniel Blinka and Prof. Thomas Hammer summarize all decisions of the Wisconsin Supreme Court (except those involving lawyer or judicial discipline).
Court of Appeals Digest
In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.
These summaries are provided by the Office of Lawyer Regulation (OLR), an agency of the Wisconsin Supreme Court.
Reference for locating recent official notices of Wisconsin Supreme Court orders adopting, amending, or repealing rules, statutes, or policies related to Supreme Court rules and State Bar of Wisconsin rules and bylaws.
Preparing for First Trial: Know Your Evidence to Overcome Nerves
A lawyer's first trial can be a nerve-racking experience. Once you get the opportunity to represent a client at trial, what should you do to prepare? Start with finding a good mentor who does trial work, then really get to know your evidence, says Andrew Wier.
Build Trial Experience Through Mentoring
Fewer cases are going to trial and that means young lawyers are no longer getting the experience they need for future litigation. Young lawyers should proactively seek mentoring opportunities and do some self-learning to help build that experience, says Jesse Blocher.
Groundwater: Diminishing Resource, Increasing Conflict
America’s Dairyland also prizes its lakes and rivers. But as high-capacity wells proliferate in Wisconsin, agriculture and other groundwater users are posing risks to the amount and health of the water, bringing to the legal forefront disagreements about access to the waters that lie beneath.
Trust and Estate Matters: Identifying the Client
In Wisconsin, the question is unsettled as to whether a lawyer retained to administer a probate estate or a trust represents the fiduciary or the estate. Similarly, the law is unsettled as to the duties the lawyer owes to the beneficiaries. These are important concerns. Here’s why.
Wait! Is That My Land? More On Adverse Possession
Adverse possession recurrently affects property owners, who might find themselves in disputes with neighbors over seemingly inconsequential strips of land. Three recent Wisconsin cases have involved subjective intent, hunting land, the definition of “substantial enclosure,” and acquiescence. These cases will likely affect almost any adverse possession dispute.