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Opinions, Voices & Ideas
President's Message
When Lawyers Help Write the Laws, Everyone Wins
Your State Bar
Law Practice Decathlons
101
Five Steps to Get the Fee You Deserve
As I See It
The Practice of Law from A to Z: A View from an Old Guy
Solutions
Orwell’s Six Cures to Bad Writing
Technology
What Lawyers Need to Know About Bitcoins
Solutions
To Share or Not to Share: Handling the Mediation Submission
Ethics
Rude Behavior Could Lead to Discipline
Final Thought
Losing My Balance
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Meet Our Contributors
Briefly
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Members Only
Classifieds
Jan
2015
Features
Pick Your Winner: 2015 Smartphone Lineup
The field of smartphones is so full of thoroughbreds and budget-friendly dark horses alike, it’s hard to know where to put your money. The author describes several safe bets and offers a side-by-side comparison of features that you’ll want track-side when making your next purchase.
Using Preliminary Breath Test Results in Trials? Don’t Hold Your Breath
Even with the improvement of breath-test technology, concerns remain about the reliability of preliminary breath test (PBT) results. Thus, the Wisconsin Legislature and Supreme Court have erected barriers to using the results at trial as evidence of defendants’ intoxication. Recent court decisions provide guidance when litigating these matters.
Federal Rules of Civil Procedure: Changes May Affect Wisconsin Practice
Proposed amendments to the Federal Rules of Civil Procedure, if approved by the U.S. Supreme Court, will take effect in December 2015. The Wisconsin and federal rules are different, but a trend to conform Wisconsin procedural rules to their federal counterparts may herald significant change in how state judges and lawyers proceed in civil matters.
Read More →
Opinions, Voices & Ideas
President's Message
Thank Veterans, Help Veterans
Your State Bar
Wisconsin Courts Still Underfunded
101
10 Tips for Effective Brief Writing
As I See It
Does the Bar Exam Ensure Knowledge of Wisconsin Law? Is It Relevant Today?
Ethics
Threat to File Complaint Does Not Automatically Require Withdrawal
Solutions
10 Golden Rules to Make New Clients Happy
Managing Risk
Resolve to Reduce Malpractice Risk in 2015
Technology
Social Media: ‘Facebook at Work’ May Promote Productivity
Final Thought
Disruptive Innovation: Practicing in Interesting Times
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Briefly
Shelf Life
Supreme Court Digest
Court of Appeals Digest
Official Notices
Members Only
Classifieds
Feb
2015
Features
What’s Hot, What’s Not: National and Global Practice Trends 2015
This annual report looks at what’s going on in the legal profession in the United States and in other parts of the world. The author believes law firms that acknowledge change and address it, will survive stronger and more profitable than ever.
What’s Hot, What’s Not: Wisconsin Practice Trends 2015
Borrowing a page from Robert Denney’s global look at trends in the legal profession, Wisconsin and regional attorneys and practice management experts weigh in on practice and marketing trends in the Dairy State.
Profit is Not a Four-letter Word: Lawyering in the New Age
Changes in technology and business models have caused increased competition for lawyers, from both other attorneys and nonlawyer legal services providers. Lawyers who evolve and adapt to the new paradigms are creating success and profits; those who don’t may be squandering opportunities.
Read More →
Opinions, Voices & Ideas
President's Message
Two (or More) for the Price of One
Your State Bar
More than Scotch and Cigars
101
How to Give Clients Bad News – Without a Spoonful of Sugar
Managing Risk
Scams and Hackers: Or, 12 Security Basics Every Lawyer Should Know
Technology
So You Want To … Read and Edit Documents on the Go (or on Your Couch)
On Balance
Rethinking Lawyer Motivation and Well-being
Ethics
Rude Behavior at Depositions
Final Thought
That Guilt Shall Not Escape or Innocence Suffer
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Shelf Life
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
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Members Only
Mar
2015
Features
As I See It
Let the Good Time Roll: Early Release for Good Behavior in Prison
Reinstituting programs that allow prison inmates to be released early for good behavior is a cost-effective and safe way to reduce prison populations and decrease the likelihood that former inmates will commit more crimes once released.
Held Together by Wires: A Primer on Practicing Before the PSC
Dramatically changing electric-rate designs and unprecedented expansions of the state’s transmission system underscore the importance of understanding the Public Service Commission’s workings and of knowing how to help your clients be heard in matters it oversees.
Avoid Cat-and-Mouse Tactics: Planning for Electronic Discovery
Nothing can take the adversariness out of litigation but you can avoid the cat-and-mouse tactics of burying a party in discovery requests. Preparing and using an e-discovery plan can help keep the focus on the underlying legal dispute instead of on wading through unnecessary bytes of data.
webXtras
'Good Time': Earning Early Release from Prison
Reinstituting programs that allow prison inmates to be released early for good behavior is a cost-effective and safe way to reduce prison populations and decrease the likelihood that former inmates will commit more crimes once released, says Marquette University Law Professor Michael O'Hear.
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Opinions, Voices & Ideas
President's Message
Make Friends While the Sun Shines
Your State Bar
Was Pogo Right?
10 Questions
Raluca Vais-Ottosen: A Long Journey from Romania to Wisconsin
Marketing
Converting Blog Readers into Leads and New Clients
Technology
So You Want To … Share Files with Clients and Colleagues
On Balance
Building Resilience in the Law Makes Good Business Sense
Final Thought
Lawyers Innovate Every Day. What’s Holding You Back?
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Apr
2015
Features
Bringing Up Baby: How Lawyer-moms Make It Work
Several women lawyers discuss some of the things that make it possible for them to succeed as professionals and as parents: governmental and workplace family-leave policies, supportive spouses, parents, and colleagues, technology, and the willingness to set priorities at those inevitable times when they can’t have and do it all.
The Cloud Has Landed: 10 Legal Tech Innovations and What They Mean
No matter your practice area or the number of attorneys in your organization, the 10 legal technology innovations outlined here affect you. No matter the size of your bank account, you can’t afford to ignore them.
Don’t Settle for Less: Protecting Medicare Advantage Plans’ Recovery Rights
Lawyers representing any of the parties in worker’s compensation, insurance, or personal injury matters must ensure that the recovery rights, if any, of Medicare Advantage Plans are identified and protected during claim processing or litigation.
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Opinions, Voices & Ideas
President's Message
Speaking Up for an Independent Court System
Your State Bar
A New Maginot Line?
101
Getting & Giving Referrals, Part 1: How to Get More Good Referrals for Your Law Practice
As I See It
It’s Time for Creative Disruption
Ethics
Monitor Content, Not Source, of Professional Endorsements
Solutions
Engaging the Third Sovereign: The Nature, Reach, and Sources of Tribal Law
Technology
So, You Want To … Project a Professional Image Using a Virtual Receptionist
Managing Risk
Suing for Fees: Look Before You Leap
Final Thought
I Got Fired
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Meet Our Contributors
Briefly
Shelf Life
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Members Only
Classifieds
May
2015
Features
An Introduction: American Indian Tribes and Law in Wisconsin
Whether your practice overlaps with tribal law, this general orientation will help Wisconsin lawyers understand the history and current status of American Indians and their tribes’ self-governance and law in the United States. The authors provide contact information for Wisconsin’s 11 tribes for lawyers interested in gaining admission to practice in tribal courts.
Marital Waste: Within the Eye of the Beholding Court
Wisconsin’s family law statutes presume that a couple’s property will be equally divided at separation or divorce. Marital waste is one factor that may allow a deviation from this presumption, but different courts treat marital waste in various ways. Here are some strategies for effectively representing divorcing clients who may have wasted marital assets, or who believe their spouse wasted assets and are seeking compensation in support or the division of marital assets and debts.
Out of Sight, Not out of Mind: Deposition Ethics and Best Practices
Recent cases have led attorneys and courts to focus on obstreperous conduct during the discovery process. This article identifies the intersection between the discovery rules and the rules of professional responsibility and then focuses specifically on how professional responsibility applies to the deposition process – from noticing the deposition, to preparing the witness, to taking and defending the deposition, to post-deposition practices.
webXtras
Innovate to Get Clients, Close the Justice Gap
May 6, 2015 – New innovations allow attorneys to reach people “who we traditionally have not been able to provide services for because of the … expansion of technology,” says William Hubbard, president of the American Bar Association.
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Opinions, Voices & Ideas
President's Message
As a Season Begins, a Term Ends
Your State Bar
Rolling the Rock Uphill
101
Getting & Giving Referrals, Part 2: Nuts and Bolts of Getting and Giving Referrals
10 Questions
Bruce Lindl: Champion for Diversity
Ethics
Take Reasonable Care to Secure Online Information
Marketing
Three Steps to Turn Your Website into a Business Development Machine
Managing Risk
Going It Alone: Overcoming the Fear and Finding Success
Technology
So, You Want To … Serve a Decent Cup of Coffee to Clients, Staff
On Balance
Building Hope into Your Law Practice
Final Thought
Life’s Biggest Mistake? Thinking You Won’t Make Any
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Shelf Life
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Members Only
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Jun
2015
Features
Walter H. White Jr.
Growing Up Amid Injustices
As a successful international business and finance lawyer and a dedicated human rights advocate, Walter White Jr. did not grow up respecting the rule of law. Rather, he grew up respecting the lawyers who changed the law to make it more just. His experiences growing up amid myriad injustices informed his advocacy for human rights and encouraging diversity within the legal profession.
Protecting Corporate Directors: Wisconsin’s Business Judgment Rule
The business judgment rule – that directors are not liable for an honest mistake of business judgment – is both a rule of substantive law and often the source of procedural burdens that shareholders challenging a board of directors’ decision must overcome. The Wisconsin Supreme Court recently reinforced the doctrine, making clear that shareholder-plaintiffs must be ready from the moment they file to present plausible evidence of their right to relief.
As I See It
It’s Time to Raise America’s ‘Salaried Minimum Wage’
Employers must pay an overtime rate to employees for hours worked in excess of 40 per week. However, some employees are exempt because of their work duties and salary amount. This poses a problem for many low-paid managers in the retail and food-service industries who are classified as exempt but whose yearly income is close to the poverty level.
Read More →
Opinions, Voices & Ideas
President's Message
Ralph Cagle: ‘A Perfect Fit’
Your State Bar
Summertime Reading
101
Part 3: Care and Feeding of Your Referral Network
10 Questions
Marti Wronski: At Bat for the Brewers
Ethics
Facebook Posts Can Violate Ethics Rules
Managing Risk
Estate Planning: Beware Unhappy Beneficiaries
Technology
So, You Want To … Easily Scan and Shred as Part of Your Paperless Workflow
On Balance
Rethinking Stress: The Upside That Gets Ignored
Final Thought
Ditch the Canons of Construction
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Meet Our Contributors
Briefly
Shelf Life
Supreme Court Digest
Court of Appeals
Official Notices
Lawyer Discipline
Members Only
Classifieds
Jul
2015
Features
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.
webXtras
Wait! Is That My Land? Understanding Adverse Possession
Good fences make good neighbors; bad ones might lead neighbors into court to battle over mismarked boundaries and “true” ownership of property. Jessica Shrestha overviews adverse possession, and what lawyers should consider.
Read More →
Opinions, Voices & Ideas
President's Message
While You Help Clients, the Bar Helps You
Your State Bar
Rhythm of the Season
101
Earn Your Stripes, Part 1: How to Get Civil Trial Experience
As I See It
Low Assigned-Counsel Compensation Shortchanges Justice
Ethics
Stick to the Rules When Using Alternate Advanced Fee Procedure
Marketing
9 New Marketing Tactics for Small Firms to Attract Clients
Technology
So You Want To … Improve Your Workspace
Final Thought
Go Easy on “Old” Atticus
Also Inside
Briefly
Meet Our Contributors
Supreme Court Digest
Court of Appeals Digest
Official Notices
Lawyer Discipline
Members Only
Sep
2015
Features
Conditional Use Permits: Strategies for Local Zoning Proceedings
Whether your goal is to keep a conditional use permit standing or knock it down, learn more about the legal underpinnings of these permits and how to maximize clients’ chances to successfully obtain or defeat the granting of such permits. The author provides legal and political strategies to achieve the desired outcome.
Family Feuds: Mediating Estate and Probate Disputes
No matter the number of beneficiaries or the size of the estate, family feuds about inheritances can result in permanent estrangement. Mediation is a cost-effective, efficient mechanism to resolve such disputes and mend and even strengthen formerly broken ties.
Exclusive Venues: Litigating on a Corporation’s Home Turf
Defending a corporation and its board in shareholder litigation can be the equivalent of playing one football game on two (or more) different fields. Exclusive-venue provisions help corporations reduce the costs of lawsuits by restricting the number of forums. While such provisions have largely been a Delaware phenomenon, they also may benefit companies incorporated in Wisconsin.
webXtras
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.
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.
Read More →
Opinions, Voices & Ideas
President's Message
Atticus Abides
Your State Bar
Different, But the Same
101
Earn Your Stripes, Part 2: How to Get Through a Civil Trial
Ethics
Lawyers Don’t Owe Confidentiality to Scammers
On Balance
Sleep Your Way to Success
Solutions
So sorry! Mea culpa! Apologizing as Part of a Litigation Strategy
Managing Risk
Test Your Notary Public I.Q.
Final Thought
Don’t Shoot the Messenger
Also Inside
Inbox
Meet Our Contributors
Briefly
Court of Appeals Digest
State Bar Financials
Official Notices
Members Only
Classifieds
Oct
2015
Features
Foreclosures in Limbo: Zombie Properties
Real-life vacant houses don’t shelter ghosts or poltergeists, but the problems they cause can be as daunting to vanquish as any fictional apparition. A recent supreme court case illuminates the effect of zombie properties on homeowners, lenders, and surrounding communities. Although the decision offers some resolutions, many questions remain.
Managing the Threat of Whistleblower Claims
Laws protecting and rewarding employees or other individuals who report companies’ internal problems present risks of legal, financial, and business reputational costs and damage too large for all entities, even the smallest, to ignore. This article offers suggestions for managing risk based on the hard lessons learned by companies exposed to enforcement action.
Changes on the Horizon: Sales and Use Tax in the E-Commerce Era
The Internet marketplaces has changed the retail landscape, and many believe the time has come to update the sales tax treatment of e-commerce transactions crossing state lines. This article presents an overview of sales and use taxation, the current tax treatment of e-commerce transactions across state lines, and potential legislation and judicial action related to e-commerce retailers.
webXtras
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.
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.
Read More →
Opinions, Voices & Ideas
President's Message
The Many Things Lawyers Can Do
Your State Bar
Wisconsin, Beer, and Biotechnology
101
How to Respond to a Public Records Request
Ethics
Social Media: Responding to Clients’ Negative Comments Off Limits
Managing Risk
Patching Holes: Cyber Security – Is Your Law Firm at Risk?
Marketing
5 Best Steps to Stand Out From the Pack
Solutions
So You Want To ... Minimize Sick Days and Avoid an Office Flu Epidemic
Final Thought
Do Things You Hate
Also Inside
Inbox
Briefly
Court of Appeals Digest
Lawyer Discipline
Shelf Life
Members Only
Classifieds
Nov
2015
Features
That’s a Fine Idea! Meet Wisconsin’s Legal Innovators
Who are Wisconsin’s innovators? Meet these movers and shakers – and learn what drove them to put new ideas to work to solve problems and improve the delivery of legal services to their clients and communities.
Wisconsin Biotech: A New Frontier for Lawyers
Wisconsin’s bioscience industry is booming, creating opportunity, not just for the scientists that conduct bench research, but for lawyers, too. Read how lawyers serving the biotech arena are making an impact, what they’re doing, and how they got to where they are. There are many entry points to the field, and you don’t have to be a scientist to participate.
As I See It
Reforming the ‘Science’ in Forensic Science
The problem of shaky or flawed forensic science evidence is about much more than wrongful conviction of the innocent. It also means that the system fails to identify the truly guilty. Criminal cases are increasingly science-dependent, and the traditional forensic sciences have played a critical role in the way we dispense justice. To make forensic science evidence more reliable, a wide range of reforms must take place.
webXtras
Understanding Police Use of Deadly Force
"Understanding Police Use of Deadly Force," by U.W. Law School's Black Law Students Association and Latino Law Students Association, produced by WHA Public Television, winner of a State Bar of Wisconsin 2015 Legal Innovator Award.
Read More →
Opinions, Voices & Ideas
President's Message
Next Generation Up: Lawyer-leaders Face Forward
Your State Bar
Ring in the New Year
101
An Intro to Understanding Wisconsin’s Open Meetings Law
Solutions
Wanted: Lawyers Versed in Real Property Sales from Estates
On Balance
5 Strategies to Make Your Work More Meaningful
Final Thought
Do You Have a Case for That?
Also Inside
Meet Our Contributors
Briefly
Court of Appeals Digest
Lawyer Discipline
Members Only
Classifieds
Dec
2015
Features
Holiday Gift Guide: 25 Cool Tech Toys
At this time of year, many lawyers think about buying gifts for others … and themselves. Tech gadgets make great gifts, and those listed in this guide are some of the very best available this holiday season that you need – or some that you just really, really want.
Top 9 Recent Wisconsin Supreme Court Decisions
The article highlights nine significant Wisconsin Supreme Court decisions from the 2014-2015 term, during which the court issued 53 decisions covering a wide range of subjects.
Top 8 Recent Wisconsin Federal Court Decisions
The article looks at eight significant Wisconsin federal court decisions interpreting Wisconsin law in 2014-2015, encompassing common-law claims and statutory interpretations.
Social Media in the Workplace
The ease and efficiency of social media communications make them good business tools but also potential hazards when used inappropriately by employees and employers. To help employers reduce risks associated with social media use, the author provides a sample bring-your-own-device policy.
Read More →
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