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WISBAR
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Wisconsin Lawyer
Wisconsin Lawyer
The Official Publication of the State Bar of Wisconsin
September
2005
Volume
78
Number
9
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Highlights
Two sessions focusing on The Small Family Business—what every lawyer needs to know to advise family business owners concerning Starting Up and Breaking Up!
Foreign Corrupt Practices Act - A Panel Discussion: New enforcement trends means compliance with the FCPA is more important than ever, help your clients with effective strategies for managing risk with guidance from the DoJ and SEC.
What do legal ethics and a famous 1908 baseball error have in common?
Find out at the Real Estate and Business Law Institute’s ticketed lunch, The Bonehead Play, featuring Mark D. Yochum
Prepare your clients for court or depositions with Law Office Videos.
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Features
Feature
Achieving Environmental Excellence: Green Tier Legislation
New Green Tier legislation promotes and rewards environmental performance while providing regulatory flexibility on everything from land development to manufacturing. Help your business, industry, or municipal clients determine if participating in this voluntary program is right for them.
Feature
The First LLC Case
In
Gottsacker v. Monnier,
the first limited liability company case to reach the Wisconsin Supreme Court, the court included in its decision a lengthy discussion of how LLCs work, touching on the technical details and policies behind the law. Thedecision offers guidance and practical advice to attorneys drafting LLC agreements for their business clients.
Feature
Hearsay in Administrative Hearings
In
Gehin v. Wisconsin Group Insurance Board
, the Wisconsin Supreme Court did not strictly adhere to the legal residuum rule, which prohibits administrative hearing bodies from basing findings of fact solely on uncorroborated hearsay. While Gehinprovides grounds for exceptions to the rule and addresses several satellite issues, it is unclear when corroboration is required and when it is not.
Opinions, Voices, Ideas
Inside the Bar
Righting the Wrongs
The Client Protection Fund reimburses clients for money lost due to lawyer theft in a lawyer-client relationship. The fund is tangible proof that lawyers go beyond other professions to right the wrongs caused by their own colleagues.
Bar president asks lawyers to recall why they chose this profession and challenges lawyers to stop focusing on the negative, to look at the big picture, and to listen to what your own words say about you.
Legal News and Trends
Mandatory court form updates
There are instances when a lawyer may withdraw from representing a client, including for nonpayment of fees
Ethics
Withdrawing When a Client Doesn't Pay
however, a lawyer may inquire a tribunal's permission and must comply with ethical duties.
In
Gehin v. Wisconsin Group Insurance Board
, the Wisconsin Supreme Court did not strictly adhere to the legal residuum rule, which prohibits administrative hearing bodies from basing findings of fact solely on uncorroborated hearsay. While Gehri
The Wisconsin Supreme Court's decision in Gottsacker v. Monnier sets a clear rule of law that material conflicts of interest do not preclude a member of a Wisconsin limited liability company (LLC) from voting his or her interest in the LLC.1 The question
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