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Opinions, Voices & Ideas
President's Message
DEIA Knowledge Prepares Lawyers to Provide Justice to All
Your State Bar
Your Leadership Makes a Difference – Run for the Board of Governors
Technology
Pick Your Winner: 2023 Smartphone Roundup
Solutions - Civil Litigation Series
Trending Topics in Business Litigation
Practice Management
Pandemic Rule for On-Demand CLE Credits Expires Jan. 31, 2023
Ethics
'Cc' and 'Bc' When Emailing to Opposing Counsel Still Not a Good Practice
FInal Thought
Final Thought: A Final Thought
Also Inside
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Supreme Court Digest
Court of Appeals Digest
Members Only
Classifieds
Jan
2023
Features
Civil Litigation Series
Discovery from Cell Phones in Civil Cases
Almost everyone has a cell phone, and many people use their phones even when doing so is not advisable. Cell phones hold a great deal of personal data that could be relevant in any legal proceeding. Civil litigators might find much relevant evidence in the phones of parties and others involved in their cases.
Civil Litigation Series
In a Wrong Place at a Wrong Time: Data Breach Victims and Their Standing to Sue
This article examines how data breaches harm, how courts grapple with them, and how the Supreme Court's decision in Transunion v. Ramirez may shape what harms qualify as "concrete" under Article III.
Arbitration: The Pros, the Cons, and the Best Fit
Explore the advantages and disadvantages of arbitration compared to litigation based on the goals of fair and efficient procedure, correct results, and minimizing adverse collateral consequences of the dispute resolution process; and the criteria that should govern the choice between those dispute resolution modes.
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Opinions, Voices & Ideas
President's Message
Less Formality Can Be a Loss to the Profession
Your State Bar
Serving the Court, the Public, and Our Members
10 Questions
Ngosong Fonkem: Providing International Trade Law Advice to Business Clients
Ethics
Office Sharing: Fewer Square Feet, Same Ethical Duties
Solutions
30 Days' Notice Requirement: Making or Breaking Eviction Cases
On Balance
The State of Our Well-Being
Technology
ChatGPT Artificial Intelligence: Will It Replace Lawyers and Legal Staff?
Final Thought
A New Lawyer's Challenge: Balancing Career and Family Life
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Shelf Life
Supreme Court Digest
Court of Appeals Digest
Members Only
Classifieds
Feb
2023
Features
Wisconsin Legal Trends 2023
Twenty-five Wisconsin lawyers and others in the legal profession weigh in on trends in 17 practice areas as well as law firm marketing, office management, legal research, and employment.
Security Is Top Priority for State Court System
Two primary goals of the justice system are to protect individuals' rights and resolve disputes. Threats and violence to court system employees pose a special danger to society at large. The Wisconsin Supreme Court’s task force on court security will study and make recommendations about improving security in county courthouses and for active and reserve judges.
As I See It
Seven Days in June: The U.S. Supreme Court and a Constitutional Counterrevolution
Two opinions issued by the U.S. Supreme Court in June 2022, Dobbs and Bruen, were notable because they signaled that a majority of the justices are ready to change the path of judicial lawmaking in the United States.
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Opinions, Voices & Ideas
President's Message
Public Attorney Staffing Shortages Continue
Your State Bar
It’s Time Our Elected Officials Act
101
When a Professional Needs a Professional
Managing Risk
Legal Malpractice Concerns for Appellate Lawyers
Technology
Dark Web Monitoring for Law Firms – Is It Worthwhile?
Final Thought
From Charm School to Law School
Also Inside
Inbox
Briefly
Supreme Court Digest
Court of Appeals Digest
Members Only
Classifieds
Mar
2023
Features
Powering Energy Transitions: Engaging Towns & Villages in Solar Developments
The need for reliable energy sources is generally acknowledged, but not everyone agrees which types of power are the best or where generation facilities should be located. Lawyers can help local governments and community members who want their opinions to matter during energy-project development.
Appellate Practice Series
The Art of Advancing Wisconsin Constitutional Claims
The Wisconsin Supreme Court finds most compelling constitutional arguments that consider constitutional text and historical evidence informing how that text was understood when it was adopted. Here is a four-step process for crafting persuasive arguments when advancing claims rooted in the Wisconsin Constitution.
A Moving Compliance Target: Worker's Compensation Medicare Set-asides
Lawyers who handle worker's compensation or personal injury matters should periodically review their settlement procedures, including settlement content, to ensure compliance with Medicare reimbursement policies.
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Opinions, Voices & Ideas
President's Message
Laws Matter, and So Do Lawyers
Your State Bar
My Lunches with Tony
Profile
Derek Mosley: Connecting Cultures and Community
Ethics
Personal Attacks Against Other Lawyers Are Not Appropriate
Practice Management
Goals Are Guides, Not Cudgels
On Balance
An Open (Love) Letter to Wisconsin Lawyers
Reflections
Hear Ye! Hear Ye! A First Wisconsin Supreme Court Argument
Blogs of the Month
Featured Blogs of the Month
Final Thought
We Knew This Day Was Coming
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Shelf Life
Supreme Court Digest
Court of Appeals Digest
Members Only
Classifieds
Apr
2023
Features
Criminal Law Series
Criminal Justice Crisis: 'The Bill is Coming Due'
Pay for district attorneys and public defenders is too low to attract and keep enough lawyers. And effects of the COVID-19 pandemic linger: Caseloads are up, but the number of prosecutors is down. The funding crunch affects the state Department of Justice and the entire state court system. This article explains the funding issues.
Reducing Confusion and Limiting Delay in Family Law Proceedings
Acts passed during the Wisconsin Legislature's 2021-22 session are designed to make family law proceedings, particularly divorces and legal separations and related postjudgment actions, easier for litigants, lawyers, and court staff. Here's what you need to know.
Money Matters: How Regulation Affects Equity Crowdfunding for Small Businesses
Lawyers advising businesses in search of seed money from "small" investors (individuals and entities with relatively low amounts at their disposal) must be aware of federal and Wisconsin laws regarding crowdfunding.
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Opinions, Voices & Ideas
President's Message
Pro Bono: Make a Big Impact by Doing Something Small
Your State Bar
Every Member, Every Year
Ethics
Opposing Party Cancelling Deposition 30 Minutes Before Start
Solutions - Civil Litigation Series
Bottom Up Podcast: Discussing Intersections Between Law and Life
Marketing
What Your Firm Should Have in Common with Sports Illustrated
Solutions - Rural Practice Series
Demystifying Law Practice in Greater Wisconsin
Technology
AI and Emerging Technology Can Increase Law Practice Efficiencies
Blogs of the Month
Featured Blogs of the Month
Final Thought
Justice in 2023
Also Inside
Inbox
Briefly
Meet Our Contributors
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Members Only
Classifieds
May
2023
Features
Civil Litigation Series
Marching On: Wisconsin's Peculiar Products Liability Law After Murphy
Plaintiffs in Wisconsin courts suing manufacturers for injuries caused by alleged product design defects must now meet both the reasonable-alternative-design requirements and the consumer-contemplation test. Here's what you need to know.
Post-Election Municipal Issues: Oaths, Bonds, Vacancies, and Organizational Meetings
The author discusses oaths of office, bonds, time of taking office, de facto officers, vacancies, and other spring organizational and transitional issues affecting new municipal officers and bodies.
Civil Litigation Series
Brett Favre’s Hail Mary: Defamation Cases and First Amendment Protections
When do statements about people and events in the news cross the line from legitimate commentary and become libel or slander (collectively, defamation)? Ongoing litigation involving former football star Brett Favre might help clarify the law.
The Pugilist’s Guide to Brief Writing
The author provides tips for the non-physical-contact activity of creating persuasive arguments in litigation, gleaned from the experiences of boxing greats, including Floyd Mayweather, Manny Pacquiao, and Mike Tyson.
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Opinions, Voices & Ideas
President's Message
The State Bar Makes Practicing Law Easier
Your State Bar
Stepping Up in Service to Our Communities
101
Supreme Court Adopts Transition to Mandatory E-Filing
Managing Risk
It’s a Simple Transaction – What Could Go Wrong?
Ethics
Ethical Concerns of Using Social Media
Solutions
The Importance of Civil Legal Aid Services
Legal History
The Creation of Wisconsin: Part 1 – From Territory to Statehood
Blogs of the Month
Featured Blogs of the Month
Final Thought
Law Enforcement, the Public, and Victims Deserve Fully Funded Legal Services
Also Inside
Briefly
Lawyer Discipline
Shelf Life
Supreme Court Digest
Court of Appeals Digest
Members Only
Classifieds
Jun
2023
Features
2023 Amendments to the Trust Account Rule: Electronic Transactions Permitted
On March 30, 2023, the Wisconsin Supreme Court amended the lawyer trust account rule, SCR 20:1.15, removing prohibitions on electronic transactions and providing lawyers greater flexibility in handling client funds. The newly amended SCR 20:1.15 becomes effective July 1, 2023, and represents a major change in the regulation of lawyer trust accounts in Wisconsin.
Emotional Intelligence and Cultural Competency: Keys to Being Effective In-house Lawyers
Developing cultural competency is crucial to providing effective counsel to domestic and international businesses. The needs of specific businesses and their stakeholders are informed by their culture(s). Here are tips to develop their cultural competency and emotional intelligence.
Justice Roggensack, 'Tireless Advocate' for Court System, Retires
Justice Patience Roggensack will retire from the Wisconsin Supreme Court on July 31. Legal writer Jeff Brown spoke with her about her tenure and legal career.
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Opinions, Voices & Ideas
Your State Bar
A Template for Success
Ethics
Using AI-Generated Documents 'As-Is' Likely Violates Rules of Professional Conduct
On Balance
Breaking Down the Walls of Busyness: Life Hacks to Buy Your Time Back
Practice Management
Get a Free Check-up: Complete the Updated Law Firm Assessment
Technology
Is It Time to Adopt Generative AI into Your Legal Writing?
Legal History
From Territory to Statehood: Part 2 – The 1846 Enactment of Wisconsin’s 'Enabling Act'
Final Thought
What Does Independence Day Mean to Me?
Also Inside
Inbox
Briefly
Supreme Court Digest
Court of Appeals Digest
Members Only
Classifieds
Jul
2023
Features
A Gift for Families: More Workplace Rights for Women
Two recently enacted federal laws, the Pregnant Workers Fairness Act and the PUMP Act, provide greater protections in the form of accommodations to pregnant women and new mothers in workplaces.
Dean Dietrich: Civility, Lawyer Wellness are Top Priorities for Ethics Giant
As State Bar president, Dean Dietrich also plans to focus on inclusion and addressing legal deserts in greater Wisconsin.
A Practical Guide to Trauma-Informed Lawyering
Few people interact with the legal system unless they have experienced some type of traumatic event. To provide trauma-informed service to people involved in the justice system, lawyers must recognize trauma's existence and symptoms, be present, offer choices, and share knowledge.
Policy or Prejudice? Examining the Historical Roots of the Governor’s Power to Remove a District Attorney
The Wisconsin Statutes provide that the governor can remove district attorneys "for cause." But the definition of "for cause" is not clear. The author suggests an answer to the question of the breadth of the governor's removal powers.
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Opinions, Voices & Ideas
President's Message
Moving the Profession Forward – Lawyer Wellness
Your State Bar
A North Star to Guide Us
Ethics
SCR 20:1.6 in the 21st Century: New and Exciting Ways to Breach Confidentiality and Not Even Know It
Ethics Opinion
Ethics Opinion EF-23-01: Responding to Online Criticism
Solutions
Demystifying Rural Practice: You Are Not Alone
Legal History
From Territory to Statehood: Part 3 – A Tale of Two Constitutions
Final Thought
Civility: The Pathway to a Successful Professional Life
Also Inside
Briefly
Supreme Court Digest
Court of Appeals Digest
Members Only
Classifieds
Sep
2023
Features
Wisconsin Supreme Court 2022-23 Term: It's a Wrap
The court issued fewer 4-3 decisions but decided major issues during the 2022-23 term. As the court opens its 2023-24 term in September, we look back at the 45 substantive decisions issued in the 2022-23 term and ask a civil litigator and a former public defender for their insights.
Significant Recent Wisconsin Federal Court Decisions
The author reviews six significant Wisconsin federal court decisions from 2023 interpreting Wisconsin law. The decisions touch on a variety of subjects: personal jurisdiction, legal causation, bad faith, claim preclusion, contractual liability limitations, and exclusive remedies.
Figuring Out Governmental Immunity
The author discusses a few of the most significant Wisconsin cases in which the supreme court has grappled with the liability or immunity rule, distinctions between governmental entities and governmental employees, and discretionary versus ministerial duties.
Read More →
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