Vol. 77, No. 7, July
Guardianship and Protective
Placement for the Elderly in Wisconsin, Second Edition
By Gretchen Viney (Madison, WI: State Bar of Wisconsin CLE
Books, 2004). 200+ pgs. Forms. $29. Order,
http://secure.wisbar.org/ or (800) 728-7788.
Reviewed by Stephanie G. Rapkin
Gretchen Viney in her preface states that she is astounded that a
chapter that she wrote for CLE seminars has turned into a book published
by the State Bar. I, for one, am very glad that it did. This concise,
well-written book has a wealth of information for the novice in this
area and for someone with limited experience in guardianships.
Viney provides clear and concise details. The various topics covered
in the book's chapters not only contain the necessary information with
appropriate citing to the statutory law but also provide invaluable
practice tips and comments. Chapter 4 - which addresses the role of the
petitioner's attorney - includes a wonderful breakdown of what to do and
how to do it, and particularly important is the included checklist.
Chapter 5 - which discusses the role of the guardian ad litem and
advocacy counsel - also has a checklist that is an absolute necessity in
preparing for the role counsel has been assigned.
The appendices contain not only the legal forms that are used in
Wisconsin, but the social/medical forms prepared by health care
professionals. The appendix also includes additional resource material
containing the list of approved corporate guardians in Wisconsin, which
is an invaluable tool.
My biggest complaint was that this slim volume could include so much
more from this recognized legal expert on guardianships. Viney might
want to consider adding to her next edition a section on
conservatorship. Although conservatorship is very rare within the state,
it does occur on occasion and may be an important alternative to a
Other minor details not included in this edition might enhance the
next. For someone who is doing his or her first guardianship it is
helpful to know that there is a filing fee and its cost. At the very
least, a reference to the Wisconsin statute that provides such
information might be an important addition. More details on what occurs
after the court appoints a guardian, such as the need for annual
accounts and what the guardian has to file, also would enhance the
In summary, Viney has done a wonderful job of preparing an
easy-to-read, easy-to-use volume on this topic. More is asked of her
only because she does such an outstanding job of providing clear and
concise guidance. I hope that in her next edition she will expand on the
topics and the material presented and add the few details I have
The Complete Handbook of Investigations &
Privacy Rights: Demystifying the Legal Parameters of Criminal, Civil,
and Private Investigations
By Douglas H. Frazer (Brookfield, WI: Woodstock Avenue Press,
2003). $9.95. Order, DeWitt Ross & Stevens S.C., (262)
Reviewed by David Feiss
If the general citizenry was disengaged about issues concerning
investigations and privacy rights, 9/11 changed that forever. With
everyone potentially being or knowing a terrorist, the issue is no
But in fact, the issue never was. The most common citizen interaction
with the police is the traffic stop. There, basic Fourth Amendment
(search and seizure) and Fifth Amendment (privilege against
self-incrimination) principles become important matters. Do you have to
speak to the officer? Should you consent to a search of your vehicle? Of
The Handbook of Investigations & Privacy Rights
summarizes and explains these issues - and many more - in terms that are
easily read and understood. It is written for the nonlawyer, but
contains enough detail and source material to be helpful to lawyers as
Says Frazer, "Perhaps nowhere is the playing field of knowledge less
level than in the area of investigations. Normally the investigators
know the rights and obligations of the actors ... members of the public,
on the other hand, are not systematically taught and generally know very
little about their rights and obligations."
The handbook, in easy-to-follow form, sets out the law as it pertains
to criminal and civil investigations.
Privacy rights, explains Frazer, are the flip side of investigative
powers. Privacy rights are marked by certain legally defined boundaries.
"As these rights contract, information available to outsiders expands.
As information available to outsiders expands, so expands the reach of
"Thus," says Frazer, "privacy rights and investigative powers share a
common boundary. The handbook is an effort to set forth a guide for
understanding and preserving one's fundamental rights to privacy."
Frazer goes about the task by defining the guiding principles of law
as encapsulated by the Fourth, Fifth, and Sixth Amendments to the U.S.
Constitution. Then, he tackles common Fourth Amendment search and
seizure situations involving automobile stops, household searches,
secret agents, informants and cooperating witnesses, business and
financial records, medical records, intellectual property records, tape
recordings, bugs, telephone recordings, hidden cameras, computer hard
drives, email messages, photographs, and other matters.
In the Fifth Amendment context, the handbook covers waiver,
noncustodial interrogations, and private papers. In the Sixth Amendment
context, the handbook addresses the right to counsel.
Perhaps the most interesting aspect of the handbook is its discussion
of special areas of the law. These special areas include criminal
investigation of corporations or other entities, tax investigations, the
Freedom of Information Act, the Privacy Act, and the USA PATRIOT Act.
Also included is an informative discussion of the law of privileges.
Finally, in a nod to Judith Martin ("Ms. Manners"), Frazer offers a
situational "Investigative Etiquette" discussion of how citizens might
respond to close encounters with law enforcement personnel.
"Our systems of checks and balances is a good system," says Frazer.
"It cannot work well, however, until citizens, residents, and visitors,
as well as the authorities, have knowledge of the system."
The handbook is a useful tool in understanding these rights. While
experienced practitioners in the area might quibble with some
oversimplifications, the handbook is short and concise, yet contains a
wealth of important information - information that is important not just
to lawyers, but to everyone.
Guide to Homeland Security, 2003 Edition
Edited by Charlotte Stichter (Danvers, MA: Thomson West,
2003). 808 pgs. $95. Order, west.thomson.com.
Reviewed by Natalia Walter
The rush of anti-terrorism legislation passed after September 2001
led to a similar rush by publishers to keep up with the myriad of
sweeping new laws. The Guide to Homeland Security is a
compilation of the major statutes on homeland security and
anti-terrorism, current up to April 2003, as well as selected
administrative materials, some helpful organizational charts for the new
Department of Homeland Security, and a bibliography of law review
articles that provide a topical overview.
The guide includes the full text of the Homeland Security Act (almost
200 pages), with a 165-page section-by-section analysis by Westlaw
research attorneys. Margin annotations direct readers to the U.S. code
sections implicated. Other laws, including the full text of the USA
PATRIOT Act, are reprinted in full, but without annotation or analysis.
The guide collects a large amount of reference material in a trade size
paperback. The annotations, analysis, and organizational charts in the
book's first sections offer valuable insights. The later sections that
reproduce the law with little annotation and no analysis are less handy
as a reference guide. The list of law review articles provides an
introduction to the far reach and range of legal controversies affected
by these laws - aviation, immigration, science and technology, privacy,
and government contracts, for example.
As a stand-alone research tool, the book is limited by its lack of a
subject index. Future editions, promised annually, also would be
improved by the addition of page headers specifying the statutory
sections found on each page. The guide is more useful for those with
Westlaw access. Westlaw has launched several specialized homeland
security databases; used in conjunction with these databases, the guide
becomes a convenient hard copy research companion.
Theater Tips and Strategies for Jury Trials,
By David Ball (Notre Dame, IN: National Institute for Trial
Advocacy, 2003). 380 pgs. $49.95. Order, (800) 225-6482.
Reviewed by Donna M. Jones
Lights! Cameras! Action! "Jury trials and plays share one primary
goal: audience persuasion," states playwright, director, producer David
Ball. "Every moment that jurors are in the box they are being
persuaded." A nationally known jury and trial consultant, Ball believes
trial lawyers can benefit tremendously from principles underlying
scriptwriting, directing, and performance to successfully persuade
jurors to find in favor of their clients.
Ball shares theater tips and strategies through 12 methods and 12
applications that cover leading character (lawyer), cast (witnesses),
audience (jury), props (evidence), plot (story), camera angle (point of
view), and closing. "The Lead Character: You" addresses the lawyer's
body, movements, and clothing. The author recommends voice strengthening
by reading something new aloud daily for 10 minutes at courtroom volume
and cautions against using "didn't, shouldn't, wouldn't, couldn't"
because you will never know whether the jury heard "did," and so on.
Avoid paraphrasing and only repeat someone's answer for emphasis. And,
never ever turn your back to the jury! Instead, carefully watch and
listen to prospective jurors during voir dire and learn to "read" the
jury during trial.
Numerous strategies are offered for effectively conducting voir dire
and for presenting your case story and evidence in ways that arm
favorable jurors with information to sway other jurors your way. One
"plot" strategy involves creating a 10-word "telegram" of your case to
guide your overall presentation. The telegram contains the wrong, the
harm it did, and what you want the jury to do about it. Another
strategy, "humanizing," lowers the barriers between your client and the
jury. It can even be used to humanize "nonhuman" cases, because "human
behavior is the jury's only common area of expertise." Always refer to
your client by name; however, refer to the other party as
Regarding "props," double the size of 11x14 photos to quadruple their
impact, never use glossy photos because they can glare from
unpredictable angles, and avoid using Power Point. "Never rely solely on
spoken or printed words for an important issue. In deliberations, the
memory and review of good images becomes pivotal."
This book provides great insight, especially for lawyers who welcome
going to trial. Yet, it could also benefit from a crisper format with
more consistent use of font to signal topical demarcation.
To Review a Book...
The following books are available for review. Please request the book
and writing guidelines from Karlé Lester at the State Bar of
Wisconsin, P.O. Box 7158, Madison, WI 53707-7158, (608) 250-6127, org klester wisbar wisbar klester org.
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