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Opinions, Voices & Ideas

• President's Message
  Don't Skip the Tutorial: The Value of "I Know This" CLEs
• Your State Bar
  Join Campaign to Increase Civil Legal Aid
• 101
  Deepfakes and the Legal Profession
• Ethical Dilemma
  Charging Legal Fees for Nonlegal Work
• Managing Risk
  Claims Down, Costs Up: What WILMIC's Data Means for Lawyers
• Solutions
  Bridging the Justice Gap Amid Growing Challenges
• Technology
  Pick Your Winner – 2025 Smartphone Lineup
• Reflections
  How Courts Should Deal with Generative AI: A Judge's Perspective
• Rotunda Report
  Civil Legal Aid Ensures Access to Justice for All
• Final Thought
  More Voices in 2025

Also Inside

• Briefly
• Court of Appeals Digest
• Lawyer Discipline
• Members Only
• Classifieds

Jan 

2025

Features

• • Wisconsin Legal Trends 2025
  • In this article, lawyers discuss legal trends in 18 different practice areas, with other insights on legal marketing, legal research, and law office administration.
• • Child Testimony in Family Law Cases: Justifying a Decision
  • Attorneys and parties in divorce cases involving minor children are likely to face resistance if they attempt to have those children testify at trial. This discussion of the status of the law in Wisconsin suggests ways that children's thoughts about relevant issues in their parents' cases can be conveyed to the court.
• • Practice Pulse
    Generative AI in the Legal Industry: Trends for 2025
  • No one knows with any certainty how generative artificial intelligence will affect legal practice in 2025, but existing trends will likely continue. Here are the most significant trends.

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Opinions, Voices & Ideas

• President's Message
  Valet in Auro: Appreciating the Value of Legal Assistants, Paralegals, and Clerks
• Your State Bar
  Honoring & Celebrating a Great Leader
• Q&A Profile
  Not Afraid to Go to Trial: Thadd J. Llaurado on Personal Injury Litigation
• Nuts & Bolts
  Crisis Communication Tips for Today's Highly Connected World
• Ethics
  Breaking Up Is Hard: How to Withdraw Ethically
• On Balance
  Controlling!? Who, Me?
• The Lawyer's Journey
  Effective Leadership: Perfection Is Not Required
• Technology
  Critical Training: Cybersecurity Awareness for Law Firm Employees
• Final Thought
  February: A Time to Reflect, Plan, and Implement Change

Also Inside

• Briefly
• Court of Appeals Digest
• Lawyer Discipline
• Members Only
• Classifieds

Feb 

2025

Features

• • The Myth of the Match:
    Pattern Matching in Cases Involving Firearms Evidence
  • The prosecution of Luigi Mangione, charged with murdering a health insurance company executive in New York City in December, is an opportunity to bring into public view scientific critiques of pattern matching relative to firearms evidence.
• • Orders Without Borders: Universal Injunctions in Federal and State Courts
  • The recent nationwide injunction against enforcement of the Corporate Transparency Act has caught the attention of many in the legal community. The authors discuss the ongoing debate about the legality and propriety of nationwide injunctions and examine whether the same arguments apply to statewide injunctions in Wisconsin.
• • Anybody’s Guess: Reducing Federal Courts' Conjecture in Determining Wisconsin Law
  • How should a federal court determine Wisconsin law when there is a published Wisconsin Court of Appeals decision but no Wisconsin Supreme Court decision on point? The author considers the Seventh Circuit Court of Appeals' approach to the task, including recent noteworthy cases, and suggests several guidelines.

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Opinions, Voices & Ideas

• President's Message
  Pay It Forward, In Kind: Volunteer with the Mock Trial Program
• Your State Bar
  A Template for Civility, Honor, and Decency
• Q&A Profile
  Richard Champagne: Legislative Reference Bureau Director
• Learning to Learn
  Why Knowing the Most Matters
• Ethics
  Potential Limitations in Lawyer Employment Agreements
• Solutions
  Pro Bono: If You Don't Do It, No One Else Can
• Technology
  Unplugging in a Tech-Saturated World
• Final Thought
  How Long Are You Going to Stay?

Also Inside

• Briefly
• Supreme Court Digest
• Court of Appeals Digest
• Members Only
• Classifieds

Mar 

2025

Features

• • The Intersection of Family Law and Immigration Removal Proceedings
  • There is a growing movement to apply the "best interests of the child" standard in immigration cases in which noncitizen parents face removal and possible separation from their U.S. citizen children. Learn how family law intersects with immigration law.
• • Now You Tell Me: Application of Notice-Prejudice Rules to Pure Claims-Made Liability Policies
  • Can an insurance carrier can deny coverage to a policy holder under a pure claims-made policy due to late notice in the absence of prejudice? Wisconsin courts have distinguished between claims-made-and-reported policies and pure claims-made policies.
• • Chevron: The Rise and Fall of an 'Accidental' Landmark Decision
  • The Chevron doctrine sometimes required courts to defer to "permissible" agency interpretations of statutes those agencies administer. The U.S. Supreme Court overruled Chevron in 2024. Here is a brief synopsis of the rise and all of Chevron and the new standards that apply when courts are reviewing agency action at the state and federal level.
• • As I See It
    A Review of Wisconsin Regulatory Reform as Applied to Emerging Contaminants
  • Neonics are chemicals often used to protect corn and soybeans in Wisconsin from insects. Like many chemicals, they pose contamination threats to the environment. This article considers the operation of administrative law in the context of regulation of neonics in Wisconsin.

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Opinions, Voices & Ideas

• President's Message
  Annually, We Gather
• Your State Bar
  Bringing Together the Bench & Bar
• Ethical Dilemma
  Charging a Contingent Fee in a Probate Matter
• Solutions
  Navigating Employment Law with Emotional Intelligence and Cultural Competency
• Managing Risk
  Spidey Sense & Legal Defense: Trust Your Instincts and Report That Claim!
• Rotunda Report
  State Biennial Budget Process Begins at State Capitol
• Final Thought
  Community-Building: More than Mentoring

Also Inside

• Briefly
• Shelf Life
• Supreme Court Digest
• Court of Appeals Digest
• Members Only
• Classifieds

Apr 

2025

Features

• • Helping Military Veterans Receive Benefits
  • Navigating the complex landscape of Veterans Affairs benefits claims presents challenges for veterans and lawyers. Although few Wisconsin lawyers focus solely on VA benefit claims, VA issues often arise in other legal contexts. Learn who may assist veterans with VA benefits claims and how to do it.
• • Q&A Profile
    Michelle Behnke: Incoming ABA President Finds Collaboration 'Invigorating'
  • Bringing people with different experiences and backgrounds together to collaborate on solutions and sharing a vision to move forward are hallmarks of leadership. Michelle Behnke checks all the boxes as she takes the helm at the American Bar Association.
• • LLCs Are Here to Stay: What's the Latest?
  • Read about the development of limited liability company (LLC) statutes in Wisconsin and the existing Wisconsin case law for LLCs. The authors identify areas that may be ripe for future litigation and outline the potential effects of the Corporate Transparency Act on LLCs.
• • Special Immigrant Juvenile Status: Predicate Orders Demystified
  • Special Immigrant Juvenile Status is a pathway to legal status for immigrant minors who have been abandoned, abused, or neglected by one or both of their parents. The authors explain the pathway and provide guidance for attorneys to take on these cases.

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Opinions, Voices & Ideas

• President's Message
  Stronger Together
• Your State Bar
  In Praise of Government Lawyers
• Ethics
  Disappearing Act
• Technology
  Microsoft News You Should Know
• On Balance
  In Defense of Aging
• Nuts & Bolts
  Leveraging Immigration to Address Labor Shortages
• Solutions
  Pro Bono Service in Private Practice: Where and Why to Fit It In
• Practice Pulse
  Securing Your Digital Practice: Essential Password Strategies for Attorneys
• Final Thought
  May Is Mental Health Awareness Month: Make It a Good One

Also Inside

• Briefly
• Supreme Court Digest
• Court of Appeals Digest
• Lawyer Discipline
• Members Only
• Classifieds

May 

2025

Features

• • The Shifting Sands of Standing in Wisconsin
  • Who can bring suit in Wisconsin courts? The Wisconsin Supreme Court’s decisions on standing reveal a doctrine in fluctuation, particularly in administrative review cases. The decisional stress points of standing law are crucial for civil attorneys to consider when selecting plaintiffs and deciding whether and how to raise standing as an issue.
• • Balancing Protection: Defending Adults from Financial Abuse While Preserving Dignity
  • Financial abuse of adults at risk and older adults is high and growing. Time is of the essence when these crimes come to light, to preserve evidence and prevent continued victimization. Read about traditional guardianships for adults and spendthrift guardianships, which can be a middle ground between doing nothing for victims of financial abuse and imposing remedies that deprive victims of all autonomy.
• • Judge Barbara Key: Attuned to Vulnerable Litigants
  • Judge Barbara Key (retired), Winnebago County Circuit Court, is the 2025 recipient of the Lifetime Jurist Award.

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Opinions, Voices & Ideas

• President's Message
  Be You!
• Your State Bar
  Remembering and Honoring a Generation
• As I See It
  Justice Brian Hagedorn: Lawyer Regulation, Politicization, and Threats to the Constitutional Order
• Managing Risk
  Staying Human in the Age of AI
• Ethics
  Disbursing Funds from Client Trust Accounts to Pay for Legal Services
• Ethics Opinion
  Ethics Opinion EF-25-01: Lawyers as Witnesses
• Nuts & Bolts
  Mind the Gap: Legal Hurdles to Securing Long-Term Disability Benefits for Mental Health Claims
• Rotunda Report
  Any Given Session Day
• Final Thought
  Catastrophizing

Also Inside

• Briefly
• Lawyer Discipline
• Supreme Court Digest
• Court of Appeals Digest
• Shelf Life
• Members Only
• Classifieds

Jun 

2025

Features

• • The Impetuous Vortex: The State of Separation of Powers after Evers v. Marklein
  • The status of separation of powers – whether rulemaking is a legislative or executive function – is in flux in Wisconsin. Two cases brought by Governor Tony Evers will have wide-ranging effects and, potentially, reimagine the nature of administrative agency power. It is possible, but not a certainty, that the Wisconsin Supreme Court will acknowledge that administrative rulemaking power is legislative in nature but requires execution of the law and is thus a hybrid power.
• • Ann Walsh Bradley Retires: A Jurist with Wisconsin DNA and Global Reach
  • Coming from a family that has lived in Wisconsin since the 1850s, Richland Center native and Wausau resident Chief Justice Ann Walsh Bradley, who has earned many "firsts" in her career, lives in gratitude to family while honored to have served the people of Wisconsin.
• • Effective Advocacy at Mediation of Personal Injury Cases
  • The author discusses some aspects of personal injury cases that require attorneys to take special care during mediation when representing clients who have been injured or parties alleged to be at fault or financially responsible for the damages.
• • Attorneys' Legal Obligations When Coming into Inadvertent Possession of or Access to Child Pornography
  • Sometimes attorneys or their agents (including experts) inadvertently come into possession of child pornography outside a law enforcement setting or a circuit court finds that law enforcement agencies have failed to make such evidence reasonably available for inspection by the defense. The author advises how to proceed in such situations.

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