August Wisconsin Lawyer Highlights Right to Counsel, Includes
Feature: Are Law Schools Keeping Up?
Aug. 8, 2012 – The door has opened for police to approach
and question charged defendants who have availed themselves of a right
to counsel, according to two Wisconsin lawyers whose article anchors the
August Wisconsin Lawyer, now available
online and in mailboxes soon.
Also in this month’s issue, writer Dianne Molvig catches up with U.W. Law School Dean Margaret Raymond, Marquette
Law School Dean Joseph Kearney, and other experts to talk about what law
schools are doing to keep up with rapid changes impacting the legal
profession. Molvig notes the recent scrutiny of law schools,
including lawsuits that claim some law schools are distorting graduation
employment data and deceiving prospective students about jobs.
And, if you are enjoying Wisconsin lakes this summer, it’s a good
time for attorney Elizabeth Wheeler’s article on navigable
waterway permitting requirements under new laws. Finally, a veteran
Wisconsin lawyer has some good news: the term “happy lawyer”
is not an oxymoron.
Right to Counsel Under the Sixth Amendment
Milwaukee criminal defense attorneys Craig Mastantuono and
Rebecca Coffee’s article, “SOS:
Defendants’ Right to Counsel,” explains the implications
for criminal defendants, and their lawyers, in light of recent U.S. Supreme Court and Wisconsin Supreme Court
Prior to 2010, charged criminal defendants who invoked a Sixth
Amendment right to counsel could not be questioned by police without
their lawyer present.
But the U.S. Supreme Court held in 2010 that the U.S. Constitution does not prohibit police from
post-charging interrogation, even when the police know a defendant is
represented. In light of that decision, the Wisconsin Supreme Court
revisited the issue in State v. Forbush.
“These decisions could affect routine practice in criminal
proceedings, although it is not yet clear what the precise effect will
be in Wisconsin, given a divided plurality on the issue in the Wisconsin
Supreme Court,” wrote the authors, who represented the defendant
Are Law Schools Keeping Up?
Certain law schools are getting negative attention from lawsuits
claiming they distorted graduation employment data and deceived
prospective students about career opportunities. In her article,
of Change: Are Law Schools Keeping Up?,” Molvig addresses the underlying question: What
are law schools doing to address employment in a tough economy?
The deans of both Wisconsin law schools and other law education leaders
weigh in on economic pressures and law school efforts to keep pace with
a changing legal environment.
“Everybody wants to do what a handful of elite law schools have
been doing for decades,” says the University of Chicago Law
School’s Brian Leiter on the topic of
job preparation. “It’s not responsive to what students need
for the kinds of jobs that are out there.”
Kearney and Raymond talk about what Wisconsin’s law schools are
doing to better prepare graduates, and the need for Wisconsin lawyers
despite a “too many lawyers” argument.
DNR Permitting Requirements Change
Last year, Wisconsin significantly altered the permitting requirements
for activities in and near navigable waterways. The “eased
requirements” will take effect Sept. 1, 2012.
According to Madison lawyer Elizabeth Wheeler’s article,
Law Eases Requirements: Navigable Waterway Permits,” the
changes have big implications for the Wisconsin Department of Natural
Resources’ administration of the public trust doctrine protecting
The changes will “shorten timelines for approval, reduce the
DNR’s ability to collect information about specific projects,
increase the use of general permits, and create presumptive approval
for” Wisconsin’s permitting laws that relate to navigable
waters, harbors, and navigation.
The Happy Lawyer
“Happy” and “lawyer” are not mutually
exclusive, according to Pleasant Prairie attorney James McNeilly, who
says he spent 20 years in practice before learning how to enjoy it.
In his viewpoint article, “Happy
Lawyer: Not an Oxymoron,” McNeilly reminds lawyers of those
practical tips – such as dealing with clients, other lawyers,
mistakes, staff, organization, and emergencies – that can help you
have your cake and eat it too.
“If you aren’t careful, practicing law can make you
unhappy, if not downright miserable,” McNeilly writes.
“However, if you organize your professional life, learn what to
say yes and no to, and relate to all people with whom you come into
contact in a positive way, it can be a most rewarding career.”