News & Pubs Archives

Who's become a partner, changed firms, received an award, and more.

The Office of Lawyer Regulation, an agency of the Wisconsin Supreme Court, provides these summaries.

Want to review a book? Request one from us!

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

Interesting facts, trends, tips, bits and bytes in the news.

Are you working on an interesting case? Have a practice tip to share? There are several ways to contribute to Wisconsin Lawyer.

Criminal records can cause long-term collateral damage to a person's life. That is why the State Bar is zealously advocating expungement reform as an access to justice priority, and Michael Yang says you can help.

It's not unusual for potential clients to imply that lawyers who provide free or low-cost legal services are not "real attorneys." Kate Cook offers tips for truthfully allaying the concerns that might underlay such questions and comments.

Think of a legal administrator as the go-to person in your firm responsible for one or more job functions, and the engineer who ensures all the trains run on time. Christopher Shattuck talks with four legal administrators about their unique roles.

Through Legal Aid Society’s EvictionFreeMKE, residents in Milwaukee County at or below 200% of the federal poverty level now qualify for free representation in an eviction case. Joe Riepenhoff discusses why this is a good start to stemming an overwhelming need.

Keeping client information confidential is a challenging but critical component in representing clients. Dean Dietrich says the secrecy rules apply to all information learned during a representation, with a few exceptions.

The Hon. Cynthia M. Davis says listening with full attention, forgiving ourselves, and learning when to say "yes" and "no" are valuable qualities for lawyers and judges.

For the shouting about rights that doesn't fit into the category of real infringement of constitutional rights, we might still be onto something good. Jessica Liebau asks, if we can apply this current interest in constitutional rights in a productive way,

Larry Martin is on the move; visiting with members throughout the state to listen and learn, to connect on a personal level so the State Bar can truly know and serve your needs.

Cheryl Daniels reminds lawyers to build healthy practices into your daily routine that help you cope with the stressors in your life.

I was in deep emotional pain. My thoughts raced, became paranoid, my behavior was erratic. People noticed. Relationships suffered. My despondency grew. I hatched a plan.

Among the hard hit during the COVID-19 pandemic have been victims and survivors of sex trafficking and the agencies and individuals who aid them. Individuals from law enforcement agencies, courts, and social service agencies answer questions about their experiences during the ongoing pandemic. Details vary but some shared themes emerge.

The Wisconsin Supreme Court recently visited Ozaukee County as part of its “Justice on Wheels” program. Jacques Condon writes about their visit and includes excerpt from the remarks of Chief Justice Annette KingslandZiegler.

As the circumstances of Britney Spears' conservatorship make clear, the topic of substitute decision-making for vulnerable individuals in Wisconsin and elsewhere has relevance for almost all lawyers, not only senior lawyers or those who practice elder law.

The intersection of Wisconsin’s workers’ compensation and safety regulations is more common than you may think. However, less common are those who possess the knowledge to handle the interaction of the two and determine who gets what. Matthew Lein gives the background on the intersection and examples that may help attorneys handle such a situation.

Next week, Oct. 24-30, is National Pro Bono Week. Help celebrate by learning how lawyers are providing pro bono assistance in rural Wisconsin.

Legal research can be hard. Fastcase aims to make it easier. Christina Steinbrecker-Jack, Chief Product Officer at Fastcase, shares how this State Bar of Wisconsin member benefit can help you refine your search and find the right case law, statute, and more.

National Paralegal Day is Oct. 23, 2021. More than 260 paralegals in Wisconsin have completed the State Bar of Wisconsin Certified Paralegal program since 2018. 

On May 25, 2021, the State Bar of Wisconsin Standing Committee on Professional Ethics and the Wisconsin State Public Defender filed a rule petition seeking to amend Supreme Court Rule (SCR) 20:1.0 and SCR 20:1.10 to clarify that conflicts of interest involving public defenders should be controlled by SCR 20:1.10 rather than SCR 20:1.11.

A selection of recent Wisconsin case verdicts are shared below.

New rules recently temporarily expanded who qualifies for loan forgiveness under the Public Service Loan Forgiveness (PSLF) program. Kail Decker discusses the recent history and his experience with the loan program, the new rules, and their potential effect on law school graduates who carry loan debt.

It's October – so now's the time to get in the mood to celebrate fall and Halloween. But where can you find tips on whether your costume violates copyright, or how to keep your party legal?

New conflicts rules regarding public defenders take effect Jan. 1, 2022. Just what are they, and do they apply to all government lawyers?

Madison attorney J. David Krekeler stepped up and helped many solo and small-firm lawyers survive the pandemic. He is recipient of the John Lederer Distinguished Service Award.

As the human toll from climate change is becoming more and more apparent, human rights arguments are being increasingly used in climate change litigation. Arwen Bleksley discusses the increasing number of climate change litigation cases that use human rights as bases for their arguments.

A national de-listing of the gray wolf from the Endangered Species list triggered a statutory wolf hunting season in Wisconsin. The lawsuits followed.

'We have a Responsibility:' Draper Receives Client Protection Award.

The impeachment exception to the hearsay rule does not allow the state to use a defendant’s voluntary statement, obtained in violation of Miranda v. Arizona, during its case-in-chief, under a recent state supreme court decision.

The Wisconsin Supreme Court has issued another extension of a temporary order that allows court reporters to take depositions remotely.

The Court of Appeals District IV has reversed a circuit court ruling that a police officer illegally extended a traffic stop to administer field sobriety tests because he didn’t observe the driver driving, behaving or talking suspiciously.

The State Bar of Wisconsin worked with local Bars and legal organizations to host an expungement clinic and a legislator meeting in Kenosha and a legislator meet-and-greet in Oconomowoc in September.

A state appeals court has ruled that a restrictive covenant prohibits Door County landowners from converting their parcel into three, single-family units, concluding that the condominium declaration was an improper land division.

A recent Bureau of Justice Statistics study says that most former prisoners are reconvicted of a new offense or are returned to prison within 10 years of their release. Michael O’Hear outlines the study’s results, which also say that, for those who avoid rearrest in the first three years, recidivism rates drop sharply over time.

If you are transitioning to remote work or want to give your law firm's remote technology a checkup, you'll want to attend the upcoming session, "Upping your Remote Office Game: Prepping Your Firm to Be Flexible," taking place at the virtual Wisconsin Solo and Small Firm Conference, Oct. 28-30.

Research into the legislative drafting files can show a wealth of information, such as the legislative intent behind a statute. Law librarian Carol Hassler gives tips to help you find what you're looking for.

The Wisconsin Solo & Small Firm Conference is fast-approaching. Presenters share why lawyers should attend their sessions, which will be held virtually on Oct. 28-30..

Milwaukee attorney Alyssa Johnson signed up as a mentee in 2016 for the inaugural year of the State Bar of Wisconsin's mentoring program, Ready.Set.Practice. She talks about why she is still participating in the program, now as a mentor.

The First Amendment does not prohibit Congress from excluding businesses that offer live adult entertainment from the second round of the Paycheck Protection Program (PPP), the U. S. Court of Appeals for the Seventh Circuit has ruled.

It's good time of year to run a check-up on your health insurance plans. Open Enrollment for the State Bar of Wisconsin Group Health Plan for law firms is Nov. 1 through Dec. 15, 2021. Find out how the State Bar can help you find the best plan for your situation.

Moria Krueger became the first woman judge in Dane County, in 1977, when she defeated an incumbent in a recall election. She stayed on the bench for nearly three decades, but her fate might have been much different.

A selection of recent Wisconsin case verdicts are shared below.

Drones can be useful tools in construction. In this article, John Schulze outlines the laws that govern drone flying and offers advice for their use in construction.

There are many different ways to achieve a mediation agreement. Nancy Mills suggests alternative ways for both parties to achieve desired results.

The Supplemental Nutrition Assistance Program (SNAP) is an underutilized benefit, especially for older adults. In this Tip of the Month, Christine J. Huberty discusses how you can help promote and destigmatize Wisconsin’s FoodShare program for this vulnerable population.

Adopting and implementing a plan to address the shortage of lawyers in Wisconsin’s rural counties was a top agenda item at the State Bar of Wisconsin’s first board meeting of the fiscal year, held Sept. 23 in Kenosha.

Analysis shows that there are fewer Chapter 12 farm bankruptcies filed this year. But does that actually mean bankruptcies are down? David Krekeler discusses the issue – and the new form of Chapter 11 known as Sub V.

Fifty-six people sought help from volunteer Wisconsin attorneys at the State Bar of Wisconsin’s recent expungement clinic in Kenosha. Here’s why this help is important.

Who's become a partner, changed firms, received an award, and more.

The Office of Lawyer Regulation (OLR), an agency of the Wisconsin Supreme Court, provides these summaries.

In this column, Profs. Daniel D. Blinka and Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals. Full-text decisions are linked below.

In this column, Prof. Daniel Blinka and Prof. Thomas Hammer summarize all decisions of the Wisconsin Supreme Court (except those involving lawyer or judicial discipline).

Want to review a book? Request one from us!

Interesting facts, trends, tips, bits and bytes in the news.

Are you working on an interesting case? Have a practice tip to share? There are several ways to contribute to Wisconsin Lawyer.

If you're the "first" to be named to a job, you weren't the first person who was qualified, or able, or the best candidate there ever was. Rather, Margaret Raymond says, you came along at a time when being the "first" was possible.

Julie Bonasso asks, what would be your biggest regret if this were the last day of your life? Are you advancing toward the right goal?

Our section is not diverse – yet. We want to do more to change that reality. Iris Christenson, past section chairperson and the new diversity and inclusion liaison for the section, talks about the section’s immediate and proactive steps toward improving the section’s diversity.

Tom Watson says WILMIC is seeing increases in both frequency and severity in practice areas that involve clients who are experiencing the most immediate effects of the COVID-19 pandemic.

Dean Dietrich explains that the Rules of Professional Conduct for Attorneys – SCR chapter 20 – are the primary guidance for behavior of lawyers who practice in Wisconsin.

As her tenure as this publication's editor ends, Joyce Hastings reflects on the story of the full integration of women in the legal profession.

Larry Martin announces a generous donation that will match contributions to the Wisconsin Law Foundation for a cumulative dollar total of up to $25,000!

Cheryl Daniels says consciously adapting to changing circumstances is a uniquely human endeavor that applies to all of us if we want to survive and thrive in today's workforce and workplaces.

Women have tackled thorny issues that led to the reshaping of Wisconsin laws affecting civil rights, property, marriage, employment, and education. Here is a look at five women who persevered in the face of social and political opposition to improve women's lives in ways that reverberate today.

Women have made great strides in the legal profession in the almost 150 years since a woman was first admitted to the bar in Wisconsin. But as this overview of Wisconsin's judiciary makes clear, equal involvement of women is yet to be achieved in some parts of the judicial system.

Women achieved parity in law school classes more than three decades ago, yet the numbers today show that women are underrepresented in positions of power and influence in law firm and corporate legal environments. Why is that?

For the first time in the State Bar of Wisconsin's 143-year history, women hold all six of its officer positions. Women also now represent the majority on its Board of Governors. This article provides a glimpse of the State Bar's efforts to increase participation of women in bar leadership, with perspectives from many of the women who were involved along the way.

Physical property markers are powerful indicators of property law – and finding them is a hobby called “benchmarking.” Emily Kelchen points out how there are countless physical reminders of property law all around the U.S.

Wisconsin is among three remaining states that automatically sends all 17-year-old offenders to adult courts. Research has shown that public safety is protected and recidivism is reduced when these offenders are kept in the juvenile justice system.

In this video, Amy Koltz, executive director of Mediate Wisconsin – which specializes in housing mediation – talks about the eviction moratorium, how the U.S. Supreme Court’s decision impacts Wisconsinites moving forward, and the resources available.

Wisconsin's Commercial Court Pilot Project has expanded to 26 counties. Are you properly designating your case for the commercial/business court docket?

Enter the State Bar of Wisconsin Appellate Practice Section's competition to identify and recognize outstanding appellate briefs – entries are due Jan. 31.

"My volunteer work for the State Bar makes me a more well-informed lawyer and a better-connected professional," says State Bar President-elect Margaret Hickey, who encourages her colleagues to run for a State Bar position.

A selection of recent Wisconsin case verdicts are shared below.

Sign up as a mentor or mentee for the State Bar of Wisconsin's mentoring program, Ready.Set.Practice. Mentee sign-up deadline is Oct. 15.

May a law firm accept a new matter in which the opposing party is insured by a client the firm represents on other unrelated matters?

Lawyers should have a business plan and contingency financing in place to weather uncertain financial times that cannot be addressed with conventional strategic planning. State Bar of Wisconsin Law Practice Assistance Manager Christopher C. Shattuck and Courtney Searles, senior vice president and private banking regional manager for Johnson Financial Group, discuss best practices for business planning.

Almost three decades ago, in 1992, Tom Sleik became president of the State Bar of Wisconsin during a tumultuous time. As an organization itself, the State Bar was grappling with its own identity. As a society, tensions were high.

The Fifth Circuit Court of Appeals recently determined the Indian Child Welfare Act to be overall constitutional, although it struck down certain provisions. Bailey Holt provides an overview of the act, and discusses the case and its implications.

Although there may seem to be no neutral position when discussing recent U.S. troop withdrawal from Afghanistan, Ngosong Fonkem discusses an approach based on public international law principles.

OSHA recently updated its guidance for COVID-19 prevention plans in the workplace. Janelle Schlosser discusses the new guidance and outlines six of its recommendations.

A woman predicted that her husband might try to kill her. Then, she died by poisoning. The husband was charged with the killing. Could the wife’s accusation “from beyond the grave” be used against him at trial? Michael O’Hear discusses the case that required the Wisconsin Supreme Court to make sense of a messy line of U.S. Supreme Court decisions on the Confrontation Clause.

Property can change hands multiple times soon after a sale. Ryan M. Billings discusses a recent court of appeals decision that clarifies the circumstances under which a subsequent owner can sue the original seller for fraud.

While family law attorneys have access to discovery tools like basic interrogatories and requests for documents that are commonly used by civil litigators, there are other tools out there that can bolster a case. Jeff Raymond outlines the pros and cons ofthree tools typically underemployed in family law litigation.

Interested in gaining more tools and skills to help you succeed, and a network of colleagues to support you? The G. Lane Ware Leadership Academy helps you do just that, says its graduates. Apply for the 2021-22 Leadership Academy by Sept. 13.

You may know Joe Forward as the State Bar's legal writer. Join us in welcoming him as the State Bar of Wisconsin's new communications director.

To remain diligent, lawyers should understand the Wisconsin Supreme Court Rules regarding lawyer succession, sale of a law firm, and client communications. State Bar of Wisconsin Law Practice Assistance Manager Christopher C. Shattuck and Dean R. Dietrich

For lawyers who take on public defender cases, getting paid in a timely fashion is important. Christopher Shattuck offers tips on ensuring your invoice isn’t rejected due to common errors – so you can get paid more quickly.

A selection of recent Wisconsin case verdicts are shared below.

There are effective and low-cost apps available that assist practitioners in finding every billable minute of their day.

Everyone needs an occasional tune-up. The Wisconsin Solo & Small Firm Conference, Oct. 28-30, will help you get the updates, tips, and legal information to keep the practice running smoothly, while earning up to 16.5 CLE credits.

Challenges to the executive branch's authority to act during COVID-19 continued this term, and other high-profile cases were election-related. This article includes insights from a civil litigator and former public defender, with holdings and votes on every case.

While an errata sheet can be used to correct transcription errors, an errata sheet is not a panacea for a poorly given deposition. Erik Monson discusses case law and challenges surrounding use of errata sheets in making substantive changes to a depositiontranscript.

Is now the time to sell or gift a business before the end of the year? Maureen O’Leary discusses potential changes to gift, estate, and income tax laws, and why business owners might want to complete business transactions before the end of 2021.

In a recent Notice of Proposed Rulemaking, the U.S. Department of Labor proposed further changes to for tip regulations, an area that has been in flux for years. Justin Brewer provides an update on what’s going on with the 2020 Final Tip Rule.

To combat a shortage in certified private practice attorneys available to help Wisconsin’s youth, the State Public Defender Office (SPD) is offering training in juvenile justice practice. Diane Rondini discusses the SPD’s new project, Juvenile Rural Access to Training and Expertise (J-RATE).