Sneak peek: Changes to Wisconsin’s sentencing laws highlight
September Wisconsin Lawyer
Sept. 6, 2011 – Big changes in state sentencing laws, including
provisions on early release, highlight the September Wisconsin
Lawyer, now available
online and in mailboxes soon. In addition, lawyers make a case for
changes to Wisconsin’s “vague” class-action
statute.
In his article “The
Pendulum Swings: No More Early Release,” Milwaukee attorney
Michael Brennan provides a comprehensive look at changes to criminal
sentencing law in Wisconsin under 2011 Wisconsin Act 38 (effective Aug.
3, 2011).
“In this most recent pendulum swing in Wisconsin’s
sentencing laws, fewer sentence-adjustment and early-release provisions
mean that when a sentence is pronounced more certainty will exist as to
the amount of confinement an offender will serve,” Brennan
writes.
And in their viewpoint article, “A
Call to Reform Wisconsin’s Class Action-Statute,” Paul
Benson, Joe Olson and Ben Kaplan of Michael Best & Friedrich argue
that that Wis. Stat. section 803.08 should be repealed and
Wisconsin should become the 44th state to adopt Federal Rule of Civil
Procedure 23.
“Class actions are a different animal today than in 1975,”
the year section 803.08 was adopted by the Wisconsin Supreme Court, the
authors explain.
According to Elm Grove attorney Douglas Hoffer, a recent
Wisconsin decision has increased the burden on lawyers to conduct
thorough conflict-of-interest checks. Learn why in Hoffer’s article, entitled “Navigating
Conflict-Interest Disqualification Motions.”
And State Bar of Wisconsin President James Brennan, in his monthly President’s
Message, urges Wisconsin lawyers to provide pro bono services to
victims of the unauthorized practice of law. This pro bono work can help
establish the case law necessary to protect consumers, he says.
Meanwhile, Thomas Watson provides an update on recent email scams in
his monthly Managing Risk column. In “Scammers
Still Targeting Lawyers,” Watson urges attorneys to be on the
lookout for scammers who are still “at work and are as prevalent
as ever.” Also check out Watson’s WebXtra
video on the subject.
Finally, the State Bar’s Ethics Committee released
a formal opinion on prospective clients, particularly in relation to law
firm websites. In it, the ethics committee provides guidance to lawyers
and law firms who maintain websites and allow the public to make
unilateral contact.
“To avoid creating ethical duties to a person in search of
counsel, a lawyer who places advertisements or solicits email
communications must take care that these advertisements or solicitations
are not interpreted as the lawyer’s agreement that the
lawyer-client relationship is created solely by virtue of the
person’s response and that the person’s response is
confidential,” the opinion states. “The most common approach
is the use of disclaimers.”
