WisBar News: Wisconsin Lawyer This Month: Can You Text a Potential Client? Meet a Lawyer-Poet. Is the DNA Extraction on Arrest Law Constitutional?:

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  • WisBar News
    September
    06
    2013

    Wisconsin Lawyer This Month: Can You Text a Potential Client? Meet a Lawyer-Poet. Is the DNA Extraction on Arrest Law Constitutional?

    Joe Forward
    Legal Writer

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    September 2013 Wisconsin LawyerSept. 6, 2013 – Under a new law, an estimated 65,000 DNA samples will be extracted from Wisconsinites annually, as attorney Lawrence Dupuis explains in the September issue of Wisconsin Lawyer magazine, available online and in mailboxes soon.

    In his cover story, “DNA Extraction on Arrest: Is it Constitutional?,” Dupuis explains how DNA evidence is obtained and used, discusses how state law expands DNA collection, and explores the constitutionality of collecting DNA at arrest, before conviction.

    Dupuis concludes that a recent U.S. Supreme Court decision in Maryland v. King “probably eliminates federal constitutional obstacles to expansion of the warrantless, suspicionless collection of DNA to situations involving people arrested for serious felonies.” But Dupuis says the decision does not preclude other questions.

    “[I]n areas left open by the decision, familiar public policy considerations will remain paramount: to what extent does society’s compelling interest in catching criminals justify police intrusions on the bodily integrity and genetic privacy of persons not yet convicted of a crime,” Dupuis asks in this must-read for any lawyer practicing criminal law.

    Other Feature Articles

    Dupuis has DNA covered, but Meghan O’Conner and Diane Welsh explain how new health care laws impact attorneys, and not just health law attorneys.

    In “Casting a Wider Net: Health Information Privacy is Not Just for Health Lawyers,” O’Conner and Welsh discuss new HIPAA regulations. These new rules will affect any attorney who comes into contact with health information, they say.

    “Lawyers in many areas – labor and employment, litigation, corporate, banking – may be subject to new, expanded liability as a result of the recently released omnibus final rule,” they write. “It is important for lawyers to take note of the new changes to the HIPAA landscape, even lawyers who practice outside the health law field.”

    Still, the net gets even wider, internationally speaking, in Thomas Doerr Jr.’s “Doing Business Overseas? Don’t Run Afoul of U.S. Foreign Corruption Laws.”

    “Attorneys who advise Wisconsin companies and individuals that currently do business outside the United States or aspire to do so must be aware of and help their clients comply with nuances of the Foreign Corrupt Practices Act so as to avoid breaking the law while building commercial ties,” Doerr writes before explaining the law.

    What Else is Inside?

    • 10 Questions” with Tom Erickson, a Milwaukee lawyer who writes poetry in his free time, often about law and lawyering. Don’t miss his “Speaking in Tongues” poem, a powerful translation from the streets to the courtroom.

    • A “101” column on deposition techniques. “Although aimed at new lawyers, the tips also will be useful refreshers for more experienced attorneys,” write lawyers Kara Burgos, Andrew Hebl, and Eric Ryberg.

    • An “As I See It” column from Matthew Lynch, who foretells the next wave of privacy litigation: Digital media cases. “There are signs that this status quo is ripe for a significant shift in the coming years,” Lynch writes.

    • An “Ethics” column on texting potential clients. “While the sending of such messages is not absolutely barred, lawyers who do so must comply with the advertising rules,” according to attorney Dean Dietrich.

    • 5 strategies to avoid burnout, straight from Paula Davis-Laack’s “On Balance” column. Top Tip? Increase your self-efficacy. “Self-efficacy is having the belief in your own ability to accomplish (and exercise control over) personally meaningful goals and tasks.”

    • A “Final Thought” from John Skilton titled, “Pay Progression for Public Sector Attorneys: Progress in the Right Direction.” Skilton applauds better pay for public sector criminal lawyers, but urges similar support in the civil justice system.