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      • Repair or Replace? The Economic-Waste Doctrine in Construction Defect Cases
      • Damages in construction defect cases are generally measured by the cost to repair the defect. But in cases posing economic waste – in which a repair requires significant reconstruction or, despite a high cost, would not improve the property’s value – the measure is the decrease in property value caused by the defect. The inherent vagueness of the economic-waste doctrine often complicates determining which measure should be used in a given case.
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      • Changing the Rules on Rulemaking
      • 2011 Wisconsin Act 21 significantly changes how administrative rules are promulgated. Among other things, it narrows state agencies’ rule-making authority, gives the governor new powers to approve or prevent the adoption of rules, expands the economic-im pact-analysis requirement to all agencies, and expands venue in declaratory judgment actions to all counties.
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      • 'Catch 22' Ethical Dilemma for Defense Counsel in TPR Litigation
      • Losing one's parental rights is a serious matter, which is why representation by counsel and appearance and participation by parents is required in termination of parental rights litigation. But defense counsel face an ethical dilemma when a court denies a motion to withdraw because a parent’s conduct makes it impossible for counsel to provide adequate representation. To continue representation violates professional conduct rules. To not continue representation violates statutory law. It's a "Catch 22."

      Opinions, Voices, Ideas

      • Inside the Bar
      • Getting Started
      • The State Bar has resources to help you hang out your own shingle.
      • President's Message
      • Mining in Wisconsin
      • Current mining proposals present opportunities for lawyers in a variety of practice areas. To help members gain the knowledge they need to maximize these opportunities, the State Bar is presenting a mining law symposium on Aug. 25
      • Ethics Opinion
      • ADAs Barred from Working on Private Firm Criminal Cases
      • The State Bar Professional Ethics Committee issued formal Opinion EF-11-02, discussing conflicts in criminal practice arising from working as a part-time assistant district attorney while also working as a private practitioner.
      • Ethics
      • Representing Clients Outside of Wisconsin
      • A Wisconsin-licensed attorney may provide legal services on an occasional basis in a state in which the lawyer is not licensed and not thereby violate the rules prohibiting the unauthorized practice of law.
      • Career
      • Women Lawyers Walking the Tightrope
      • In part two of this two-part article on women lawyers balancing work and life, the author discusses the advantages to law firms of embracing the move to greater diversity of employees and clients.