News & Pubs Archives

When making an affidavit for a search warrant, a police officer satisfies the oath and affirmation requirements of the U.S. and Wisconsin constitutions as long as the wording of the affidavit impresses upon the officer a sense ofobligation to tell the truth, the Wisconsin Supreme Court has ruled.

A former employee who sued a company in negligence for damages related to a data breach stated a legally sufficient claim, the Wisconsin Court of Appeals has ruled.

A truck driver claiming that a company violated federal law by paying him less than the minimum wage of $7.25 an hour stated sufficient facts to survive a motion to dismiss for failure to state a claim, the U.S. Court of Appeals for the Se

The Wisconsin youth justice system has some of the highest rates of disproportionality by race in the country. Alaina Fahley proposes first steps in countering bias affecting youth of color in the justice system.

We are in awe of the work you do to support the legal profession, access to justice, and your community. Not only is the State Bar strong because of you, but our communities are too. Thanks-For-Giving and Happy Thanksgiving to you and your families.

A state court’s denial of a motion to amend the standard jury instruction regarding self-defense did not entitle a defendant to habeas corpus relief, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A complaint alleging that a company violated the Employee Retirement Income Security Act of 1974 by authorizing the payment of excessive recordkeeping and investment

An insurance policy exclusion for injuries suffered by fireworks display workers barred claims by two volunteers injured by prematurely exploding fireworks, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The U.S. Court of Appeals for the Seventh Circuit has declined to revisit its holding in a 2020 case that resolved a sentencing guideline issue which is the subject of a circuit split.

The 30-day deadline for removing a case to federal court begins to run only once a plaintiff specifies a damages figure, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A man who was jailed for four-and-a-half days after being mistaken for his brother failed to demonstrate that corrections officials violated his due process rights, the U.S. Court of Appeals for the Seventh Circuit has ruled

Corroboration from multiple witnesses that a chief financial officer was aware of misleading entries in his corporation’s financial statements was sufficient to sustain a guilty verdict, the U.S. Court of Appeals for the Seventh Circuit has ruled.

In light of the growing use of cryptocurrencies and other digital assets, the Uniform Laws Commission has proposed amendments to the Uniform Commercial Code to clarify their treatment in the U.S. Patricia Lane, Louis Wahl, and Corrie Osborne discuss thethe amendments and their treatment of digital assets.

As attorneys, we find it easy to focus only on the legal issue in front of us. Yet, many of our clients face multiple legal issues simultaneously. By using referrals and the strong network of public interest attorneys in this state, we can provide moreholistic and complete legal representation for our clients.

High school students will tackle the difficult issues presented in a homicide case as the 2023 Wisconsin High School Mock Trial finals competition returns to the first in-person competitions since 2019.

The Office of Lawyer Regulation Procedure Review Committee filed a rule petition seeking to modify the Supreme Court Rules to afford referees more authority to rule on certain attorney disciplinary matters.

A selection of recent Wisconsin case verdicts are shared below.

When a lawyer leaves a firm, is it permissible for the firm to impose a fee on that lawyer for each client that follows the lawyer to the new firm?

Do you know someone deserving of recognition for their work in the profession or their community? The State Bar of Wisconsin is seeking nominations for jurist, lawyer, legal worker, and other awards – nomination deadline is Jan. 31, 2023.

The key to maintaining a flexible schedule is managing client expectations, says solo practitioner and single parent JoAnn Gromowski.

In a new iteration of a common trust account scam, the criminal poses as a business representative seeking to collect on a settlement relating to software copyright infringement. Find out how to avoid becoming a victim of this scam.

The 2022 general election is finally in the rearview mirror. Government Relations Coordinator Cale Battles gives an overview of the election results and what the state legislature will look like in 2023.

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

The Wisconsin Supreme Court permits the Office of Lawyer Regulation (OLR) to publish, for educational purposes, a summary of facts and professional conduct rule violations in matters in which the OLR imposed private reprimands.

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.

We want to hear from you! Post a comment, find us on social media, or send us your thoughts.

Starlyn Rose Tourtillott Miller, a Little Shell Chippewa tribal member and direct descendant of Menominee and Stockbridge-Munsee Mohican Nations, invites readers to join her at the table to plan a brighter future together.

Roughly four in five cyber breaches emanate from organized crime. Sharon Nelson, John Simek, and Michael Maschke reveal the report's highlights.

Jenny Zook introduces lawyers to general, Wisconsin, and federal resources concerning riparian rights: water rights related to ownership of land next to surface water.

Dean Dietrich says lawyers must ensure that their communications with clients occur in languages and at levels that are appropriate for clients' proficiencies and comprehension.

A system that operates according to contradictory or nonexistent rules is inherently inefficient. The lack of standardized rules for some elements of civil procedure hampers legal-system participants in Wisconsin, but the problems could easily be rectified. Ryan Simatic offers some solutions.

Jeffrey Goodman explains that the best jury consulting teams pair the wisdom and intuition of a trial lawyer's on-the-ground experience with the data of a behavioral social scientist to provide accurate insight about how people think and make decisions.

Larry Martin invites members to suggest how the State Bar and the profession can best promote and ensure the survival of democracy, in the United States and worldwide.

Margaret Hickey says allowing lawyers and clients to attend some hearings by videoconference saves time and money, reduces nonappearances, and makes the legal system more accessible.

These forward thinkers are advancing the legal profession and serving the public. This year we honor Lifetime Innovator Michael Rust and other lawyers whose innovations focus on technology and access. 95 Wis. Law. 34 (November 2022)

The special privileges associated with ownership of shoreland real estate are called riparian rights, and they are not absolute. Read about the categories of riparian rights and significant cases and statutes affecting Wisconsin's riparian-rights laws. 95 Wis. Law. 28 (November 2022)

Transnational marriage abandonment (TMA) occurs when an abuser abandons their victim-spouse in that victim-spouse’s country of origin, without means to return to the United States. Wisconsin lawyers should familiarize themselves with TMA and be prepared to use innovative legal strategies outlined here to empower survivors. 95 Wis. Law. 22 (November 2022)

Illinois is among the states attempting to regulate business use and handling of biometric identifiers. Although Illinois has not attempted to regulate out-of-state biometric information, skilled lawyers have extended liability to businesses outside Illinois – including in Wisconsin. 95 Wis. Law. 16 (November 2022)

The admission of statements made by an accomplice in police bodycam footage did not violate the defendant’s Sixth Amendment right to confront witnesses against him because the statements described an ongoing criminal situation, the U.S. Court of Appeals f

The Wisconsin Court of Appeals has ruled that a circuit court did not erroneously exercise its discretion by allowing the testimony of an engineer and spinal surgeon in a products liability case.

A man's conviction for operating while intoxicated means that his minor daughter, who was a passenger in the car when he was arrested, was a victim under the state’s criminal restitution statute, the Wisconsin Court of Appeals has ruled.

The Wisconsin Supreme Court issued its first decision of the 2022-23 term on Nov. 4, a per curiam ruling in which the court dismissed as improvidently granted the review of a per curiam Wisconsin Court of Appeals decision.

Wisconsin’s recently updated business entity statutes now have a variety of mechanisms for moving business entities to new jurisdictions and converting to a different type of business entity. Jim Phillips discusses the differences between a domestication and a conversion, and the use of the term “domestication” in certain other contexts.

The Perishable Agricultural Commodities Act prevents unfair and fraudulent conduct and can help your farm clients to be paid by wholesalers. David Krekeler discusses when claims under the Act involve a business entity that has filed bankruptcy.

The Judicial Council has been working for years without funding from the Legislature. It's time for that to change.

Nov. 3, 2022 – Wisconsin Supreme Court Chief Justice Annette Ziegler used her second State of the Judiciary address on Nov. 2 to highlight the need to bolster judicial security for the state’s 272 judges.

A selection of recent Wisconsin case verdicts are shared below.

What does work-life balance mean to you? Four attorneys dive deep into answering questions surrounding this hot topic in the latest episode of Bottom Up,” a WisLawNOW Podcast produced by the State Bar of Wisconsin.

Are you making the most of your State Bar membership benefits and discounts? In addition to programs that help you boost your practice, there's a new discount partner that can help you boost your wellness.

For the first time since 2019, lawyers gathered in-person in Wisconsin Dells for the State Bar’s annual Wisconsin Solo and Small Firm Conference.

As the number of people age 65 or older continues to rise in the U.S., more lawyers are needed to assist older Americans on issues of health care.

Accepting electronic payments would become easier for Wisconsin lawyers under the terms of a rule petition filed with the state supreme court by the Office of Lawyer Regulation.

With the Nov. 8 election looming, candidates for Wisconsin Attorney General – incumbent Josh Kaul and challenger Eric Toney – squared off yesterday (Oct. 27) to debate the issues facing Wisconsin.

National Labor Relations Board has a significant impact on employers and employees in nearly every private sector. John Rubin provides an overview of some of the most significant developments at the NLRB so far in 2022.

Negotiated rates between health care providers and health plans, once considered top secret, are now revealed due to new price transparency laws. Angela Rust discusses the trend toward greater transparency and offers tips for providing guidance toproviders and plans in light of these developments.

The 34th Annual Environmental Update from State Bar of Wisconsin PINNACLE demonstrates that environmental law is alive and well. Phillip Bower recaps the day’s presentations and themes.

The owners of a café that sued a local health agency over citations issued for violations of a mask mandate failed to show the agency engaged in a pattern of constitutional violations, the U.S. Court of Appeals for the Seventh Circuit has held.

Constitutional claims made by parents against state and county officials who took custody of one of their daughters and facilitated the placement of another daughter in a foster home failed because the parents failed to state legally sufficient claims, th

The Seventh Circuit Court of Appeals also ruled that declaratory relief is a form of equitable relief that is available under the Family Medical Leave Act, and an award of attorney fees was proper.

The Wisconsin public records law does not entitle an employer to seek judicial review of the disclosure of video footage that depicts one of its employees, the Wisconsin Court of Appeals has ruled.

A company that offered light-duty assignments to workers injured on the job but not to pregnant workers did not violate a federal law prohibiting discrimination against pregnant workers, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A person opposing an application for re-zoning has no right to an impartial decision maker, the Wisconsin Court of Appeals has ruled.

A worker injured when a co-worker drove a telehandler over his foot and leg has no right to recovery outside the state workers’ compensation scheme, the Wisconsin Court of Appeals has ruled

Two statutes that create homicide liability for aiding and abetting the acquisition of drugs that cause a fatal overdose are not unconstitutionally vague, the Wisconsin Court of Appeals has held.

The Wisconsin Court of Appeals has ruled that a prosecutor who said both parties agreed that a 25-year sentence was appropriate breached a plea deal that limited the defendant’s sentence to 20 years.

The State Bar will host an Attorney General debate for the 2022 election on October 27 at 4pm.

The State Bar of Wisconsin, along with its partners, WisPolitics.com and WISC-TV, will host a debate between the candidates for Wisconsin Attorney General, District Attorney Eric Toney and Attorney General Josh Kaul.

How to defuse tense situations with clients and others you encounter in your practice.

Judge Tim Samuelson is working to demystify the lawyer regulation process in Wisconsin.

National Paralegal Day is Oct. 23, 2022. More than 260 paralegals in Wisconsin have completed the State Bar of Wisconsin Certified Paralegal™ program since 2018. Meet two of them: Jennifer Wiechec and Stephanie Mackey.

Gavel Marketing, now in partnership with the State Bar of Wisconsin, offers professional marketing and branding services for your law firm. State Bar members receive a discount when working with Gavel Marketing.

It's good time of year to run a checkup 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, 2022. Here's how the State Bar can help you find the best plan for your situation.

Wauwatosa attorney Kate Knowlton has dedicated many years to championing Wisconsin's solo and small-firm lawyers. This year, Knowlton is the recipient of the John Lederer Distinguished Service Award from the State Bar of Wisconsin Solo & Small Firm Section.

When the opportunity opens up to run for district attorney, what conflicts arise for an established criminal defense attorney interested in running?

With Election Day just around the corner, now is a good time to review the latest in election law. Law Librarian Elizabeth Manriquez provides resources for research in the area of federal and state election laws.

An annual tradition for the Racine County Bar Association creates a sense of community for its new members, while connecting the past with the future.

A selection of recent Wisconsin case verdicts are shared below.

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

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).

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

Wisconsin Lawyer provides a forum for members to express ideas, concerns, and opinions on law-related subjects.

Lawyers have a duty to challenge illegal and immoral uses of violence. Dianne Post makes her case.

A typed up voicemail message can be referred to when making a response to the caller. But Dean Dietrich urges cautious. There may be concerns about the verbatim message being introduced in a trial setting, but that is more an evidentiary issue than it is an ethics issue.

Cyber crime hasn't slowed during the COVID-19 pandemic. Matthew Beier provides tips for remaining aware of risk levels and preventing and recovering from computer crimes.

Madison attorney Marisol González Castillo talks about achieving one of her dreams: serving the Mexican community in Milwaukee by being a consultant attorney with the Mexican Consulate.

Is your life off balance? Stephanie Ziebell suggests you check your load, remove the unnecessary tasks and burdens, and ask for help to cope with what must remain.

State law grants a school district the authority to ban a former teacher from school district property, the Wisconsin Court of Appeals has ruled.

Regulation of PFAS has become a priority for municipalities, farms, manufacturers, and fire departments and firefighters, among others. Jenny Zook provides research tips for lawyers representing such clients.

Updates on the closure of Lincoln Hills and Copper Lake in 2022 have youth justice advocates hopeful about promised reforms. Law student Renee Pasciak discusses the changes, as well as potential other options for helping our youth feel safe, supported, and on their way to becoming healthy, productive adults.

A strip search of a Muslim inmate by a transgender corrections guard violated the inmate’s rights under the Religious Land Use and Institutionalized Persons Act, the U.S. Court of Ap

Larry Martin continues his travels to meet you where you live and work. This summer, he connected with members in six northeastern counties.

Regardless of party affiliation, Margaret Hickey says lawyers have an obligation to help protect democracy, especially voting and elections.

Since early 2020, an unusual number of cases have reached the Wisconsin Supreme Court by original-action jurisdiction. Whether this historically uncommon path will remain more popular depends on whether a majority of the court perceives that emergency situations require quick and decisive action.

The Wisconsin Court of Appeals has ruled that a statute that extends the statute of limitations for actions seeking damages for child sexual assault applies to a negligent hiring and supervision action.

Many water quality problems exist because a substance that was unknown or seemed harmless decades ago now is recognized as a pollutant. In the 21st century, state legislators and regulators and nongovernmental entities have devised ways to prevent or minimize pollution that previously was unfettered.

Cases involve the administration of ivermectin to treat COVID-19, product liability in a medical case, prosecutor comments during closing argument, involuntary administration of medication, and involuntary commitment.

Children are being removed from parents with substance use disorders at an alarming rate. Applying a treatment court model to help these families reunify might make sense for them and their communities. Read about the principles and structure surrounding family drug treatment courts, and some of the successes of and obstacles to implementing such a court in one Wisconsin county.

Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but interrelated legal doctrines. The likelihood of more disputes about water quality and quantity makes it especially important for lawyers in Wisconsin, home to several Indian tribes, to understand the relevant legal doctrines and concepts.

In September, state agencies submitted their 2023-2025 fiscal requests to help shape the upcoming budget. The State Bar supports requests for increased investment in our criminal justice system.

It is important that employers ensure workplaces are inclusive of neurodiverse and ability diverse employees. Catarina Colón offers tips on best practices to ensure neurodivergent and individuals with disabilities are provided equal and fair opportunities in the workplace.

A Wisconsin Supreme Court decision recently diminished a statutory mandate involving partial construction lien waivers. James Thiel discusses the decision and the lessons learned from the majority and dissent opinions.

A trial court’s decision to dismiss a lawsuit seeking to enforce a non-compete agreement was improper, the Wisconsin Court of Appeals has ruled.

A selection of recent Wisconsin case verdicts are shared below.

While publicly traded companies have a wealth of information easily available, private businesses are more difficult to research. Law librarian Carol Hassler offers tips and websites that will aid in your legal research.

Whether you want to grow your practice with new clients, add a new area of practice, or expand into another market, the State Bar of Wisconsin's Lawyer Referral and Information Service (LRIS) can help – now at a discounted price through June 2023.

Insurance law in Wisconsin is constantly in motion. Staying on top of developments in case law and evolving interpretations of policy terms is an important part of the art of practicing insurance law.

In addition to boosting your practice, being a mentor or mentee with the State Bar of Wisconsin's mentoring program, Ready.Set.Practice., helps to forge long-lasting relationships among colleagues in the legal profession.

Expand your community by making connections with other small-firm and solo lawyers at the 2022 Wisconsin Solo & Small Firm Conference. Choose to attend in person on Oct. 27-29 in Wisconsin Dells or online Nov. 14-16 – or both.

“Legal ethics is cool,” says Stuart Teicher, a legal educator and adjunct professor at Georgetown University Law School and self-proclaimed "ethics geek." He will present at the upcoming Wisconsin Solo and Small-firm Conference.

Lawyers with student loan debt often make mistakes when approaching their debt says Stanley Tate, a lawyer who specializes in student loan debt relief. He will provide a plenary address at the upcoming Wisconsin Solo and Small-Firm Conference.

Understanding Wisconsin's election laws with Madison City Attorney Mike Haas.

The Wisconsin Law Foundation honors 19 new Fellows and the 2022 Goldberg Award recipient, Michelle Behnke.

Recent decisions by state and federal courts will affect the administration of the upcoming November election. In this article, panelists from an upcoming State Bar of Wisconsin elections law seminar discuss the decisions.

The U.S. Court of Appeals for the Seventh Circuit has ruled that parcels of reservation land owned by American Indians are not subject to state taxation, even though they were subject to state taxation when previously owned by non-Indians.

Members of the State Bar of Wisconsin’s Board of Governors engaged in a substantive discussion of proposed revisions to the State Bar’s current position on bail reform at its first meeting of the fiscal year, Sept. 23 in Elkhart Lake.

Part 2 of our 2022 fall elections preview focuses on legislative elections in the Wisconsin State Senate and Assembly.

Pets are increasingly valued as more than property. But what does that mean for divorce in Wisconsin? Comm. Mark Fremgen explores the current status of pet custody and placement agreements in the state.

Work-life balance was the topic of discussion in the latest episode of the WisLawNOW podcast, Bottom Up, produced by the State Bar of Wisconsin.

Many lawyers begin their careers burdened with six-figure debts. A recent presidential executive order and a federal loan forgiveness program offer some relief.

Solo and small-firm lawyers looking to take their practices to the next level should attend the annual Wisconsin Solo & Small Firm Conference, says Brent Hoeft, chair of the conference’s organizing committee.

Animal law is a broad topic that intersects with many other areas of law, making research a challenge. Law librarian Elizabeth Manriquez lists resources and offers tips to boost your research skills.

Lawyers involved in creating business entities work with those involved with the entity. But, when potential conflicts arise, who actually is the client – the entity, or the entity's owners?

The e-reader platform used by State Bar members to access the legal books offered by PINNACLE has just gotten an upgrade. Here's what's new.

Service to the profession is part of our responsibilities as a professional, says State Bar President-elect Dean R. Dietrich, who encourages members to run for a State Bar officer or Board of Governors position.

A selection of recent Wisconsin case verdicts are shared below.

Nancy Phelps rose from humble beginnings to travel the world and file trailblazing lawsuits during her 50-year career, handling more than 10,000 family law cases.

Individuals with non-apparent disabilities experience greater risks during encounters with law enforcement and first responders. Christine J. Huberty explains how hidden disabilities can be misunderstood, and how to disclose this information onidentification cards to improve safety.

When your litigation practice often involves work with opposing parties, little things that aggravate can add up. Amy Risseeuw, “asking for a friend,” discusses what defense lawyers do that drives plaintiff’s counsel crazy – and suggests that bettercommunications can make a big difference.

State Bar of Wisconsin President Margaret Hickey makes a statement of support for an increase in funding for Wisconsin's criminal justice system.

Welcome to 55 new Wisconsin lawyers, including those who passed the Wisconsin Bar Exam in July 2022. Some are just beginning their careers in law, and others are finding new opportunities in Wisconsin. Congratulations!

A liability release that covered chairlift loading and unloading did not apply to a claim that ski hill employees were negligent in failing to rescue a woman from a chairlift, the Wisconsin Court of Appeals has ruled.

The trial court in a homicide trial properly excluded prior bad acts evidence and expert witnesses whose testimony was unreliable or would have been confusing, the Wisconsin Court of Appeals has ruled.

A property management company that had knowledge of the property owner’s precarious financial state had a duty to disclose that condition to prospective residents, the Wisconsin Court of Appeals has ruled.

A police officer did not violate the Fourth Amendment when he opened a small canister taken from the purse of a woman who had been detained for shoplifting, the Wisconsin Court of Appeals has ruled.

A man arrested for operating while intoxicated (OWI) failed to show that a blood draw ordered by the police while he was unconscious was unconstitutional, the Wisconsin Court of Appeals has ruled.

The physical, emotional, and financial toll of being hit by another driver can be significant. Russell Nicolet offers advice to control what you can and make sure you are protected financially in the event of an uninsured or underinsured driver.

Government Relations Coordinator Cale Battles shares insights into the statewide races of the 2022 fall elections in the first of a two-part elections preview.

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

These summaries are provided by the Office of Lawyer Regulation (OLR), an agency of the Wisconsin Supreme Court.

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).

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.

We want to hear from you! Post a comment, find us on social media, or send us your thoughts.

Pursuing a legal career can be a lonely experience as a first-generation American and Latina. Nancy Cruz says thinking about supporters and newer attorneys can help lawyers get through the difficult days. 95 Wis. Law. 80 (Sept. 2022)

Elana Olson points to legal resources about the public trust doctrine, which arises from language that has been in the Wisconsin Constitution since statehood in 1848. 95 Wis. Law. 47 (Sept. 2022)

Many attorneys leave paid time off on the table, but that's not a good idea. Julie Bonasso provides professional and personal reasons for taking vacations. 95 Wis. Law. 43 (Sept. 2022)

A lawyer who does not create a lawyer-client relationship with respect to a matter still owes some ethical duties to the prospective client. Dean Dietrich advises performing a conflict check before engaging in a detailed discussion with a prospective client about the need for representation. 95 Wis. Law. 41 (Sept. 2022)

Larry Martin says a few hours of your time will have an invaluable and long-term effect on students who compete in the Wisconsin High School Mock Trial program. 95 Wis. Law. 9 (Sept. 2022)

The first years of being a lawyer are often confusing. Margaret Hickey urges experienced attorneys to help demystify the profession by providing formal or informal mentoring. 95 Wis. Law. 4 (Sept. 2022)

Wisconsin's navigable waters, lakebeds, riverbeds, and shorelines are subject to the state's public trust doctrine. Michael Cain explains the doctrine and how tools developed by the state are used to protect these public riches. 95 Wis. Law. 34 (Sept. 2022)

Wisconsin's navigable waters are one of the state's most valuable resources. The public trust doctrine plays a significant role in ensuring that they are managed in the public interest for all state residents and U.S. citizens. 95 Wis. Law. 26 (Sept. 2022)

Health care institutions, individual providers, and associated professionals, such as pharmacists, must proceed carefully when considering the effects on their professional duties and responsibilities of the U.S. Supreme Court’s overruling of Roe v. Wade. 95 Wis. Law. 20 (Sept. 2022)

Determining which interactions with the criminal justice system can legally be considered in employment and licensing decisions can be a challenge for employers and employees. This article summarizes the status of Wisconsin law regarding arrest and conviction record discrimination. 95 Wis. Law 14 (Sept. 2022)

A trustee who sued a newspaper for defamation over an article that contained both a hyperlink to a story about elder abuse and a summary of charges made against him failed to state a claim, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Claude Covelli looks back on a career that saw him try more than 200 cases and argue a case before the U.S. Supreme Court.

Decisions on legislative maps, the authority to adopt pandemic control measures, and public records were among the cases decided this term by a 4-3 margin. This article includes insights from a legal historian, as well as a civil litigator and a former public defender, and lists the holding and vote in each case.

Legislation to exclude area variable housing costs from gross income in military cases became effective March 13, 2022. Jill Mueller discusses how 2021 WI Act 160 impacts child support calculations for members of the military.

Dozens of lawyers have spent part of this summer preparing asylum applications for Afghans who were evacuated to the U.S after the fall of the Afghan government in August 2021.

Constitution Day is Sept. 17. Here's how teachers in Lodi and Brookfield teach the Constitution – and apply it to their mock trial training programs.

When you are tasked with helping your clients plan for their future, the details of their plan require investigative effort on the part of the attorney.

A selection of recent Wisconsin case verdicts are shared below.

The Planning and Policy Advisory Committee Court Security Subcommittee filed a rule petition asking the court to update SCR Chapter 68 to incorporate updated standards for courthouse construction, renovation, technology, and to better define county-level security and facility committee responsibilities.

There are opportunities for attorneys throughout greater Wisconsin, says Dena Welden, a lawyer with the Lac Courte Oreilles Band of Lake Superior Chippewa.

A plat map that reserved three lake access lots for the use of other lot owners created an easement and did not convey title, the Wisconsin Court of Appeals has ruled.

The availability and approval of COVID-19 vaccine administration for children presents new challenges for parents with joint legal custody who disagree about whether to vaccinate their children. Erin Idler explores the legal standard and role of a guardian ad litem in resolving such disputes.

While much of the business world operates seamlessly across state borders, there are perils for contractors with projects in other states if they do not properly account for legal, statutory, and contract differences. Eric Meier discusses some of the key contract and legal considerations for construction companies moving into different markets.

In a post-Dobbs workplace, employers may have to make adjustments to accommodate their employees with an unwanted pregnancy, and employees may face new, unsettling avenues for discrimination. Emma Ferguson outlines some of the ways Wisconsin’s return to a lack of access to safe and legal abortions is likely to impact the workplace.

The Supreme Court Rules of Professional Conduct require lawyers to provide competent, diligent representation to clients. This includes, among other things, understanding our clients’ lived realities, even when they differ from our own experiences. Elizabeth Stinebaugh considers that soon, courses that focus on learning about diversity, equity, and inclusion may be allowed to fulfill continuing legal education requirements.

Momentum is building toward climate-related disclosure for public and private companies. Nadelle Grossman discusses the details and impact of a proposed rule from the Securities and Exchange Commission that would require public companies to discloseclimate risks to their businesses.

The impact of climate change extends beyond environmental law to all areas of legal practice. Sarah Cannon provides an overview of climate change’s impact on displacement and migration patterns, and addresses limitations on immigration relief available toclimate refugees.

The State Bar of Wisconsin held the Health, Labor, and Employment Law Institute and the 10th annual Indian Law CLE program in-person this year, both at the Glacier Canyon Lodge at the Wilderness Resort in Wisconsin Dells on Aug. 18-19.

The Wisconsin Court of Appeals has ruled that a circuit court erred by granting an injunction to a man seeking to force a hospital to administer ivermectin to his uncle.

An anti-assignment clause did not prevent the assignment of insurance rights from the company that purchased an insurance policy to a successor company, the Wisconsin Court of Appeals has ruled.

The Family First Prevention Services Act refocuses child welfare goals from reaction to prevention, requiring qualified residential treatment programs to meet more stringent qualifications for funding. Grace Tressler explores the Act’s various impacts,especially how its implementation in Wisconsin transforms the current landscape of the treatment programs.

A judge’s statement that prison time for an Amish man convicted of sexual assault was necessary to send a message to the Amish community does not entitle the man to a resentencing, the Wisconsin Supreme Court has held.

A new WisLawNOW podcast called "Bottom Up," produced by the State Bar, features frank discussions and relatable stories that highlight the interests, challenges, and opportunities for attorneys in their first decade of practice.

A selection of recent Wisconsin case verdicts are shared below.

A nontrivial number of attorneys are failing to take the necessary steps to “opt in” to the mandatory court of appeals eFiling system. This issue and others are addressed by the Judicial Council’s Appellate Practice Committee through proposed rules and outreach to the bar.

If you're looking to grow your network, hone your skills, and become a leader in the legal profession, apply for a spot in the G. Lane Ware Leadership Academy, says Kristen Hardy, a 2016 graduate who is now a State Bar leader.

How can attorneys make their appeals be a bit more appealing? Judge Joseph Donald of the Wisconsin Court of Appeals shares tips.

Thanks to donations from State Bar members, the Wisconsin Law Foundation annually provides high-impact grants to programs that promote public understanding of the law and improve the administration of justice. Learn more about the grants and recipients.

Learn tips and tricks to enhance your solo or small-firm practice at the 2022 Wisconsin Solo & Small Firm Conference. This year you can choose to attend in person on Oct. 27-29 in Wisconsin Dells or online Nov. 14-16 – or both.

Can you agree in advance to pay any award of attorney's fees assessed against your client?

Electronic bikes and scooters are more popular than ever. Though foolish and risky both to the driver and the public, riding an electric bike or scooter on a public road while under the influence does not appear to violate Wisconsin OWI laws.

Recent federal court decisions counsel caution when attempting to regulate student expression related to firearms.

Inculpatory recordings made secretly by a defendant’s cellmate and introduced at the defendant’s homicide trial did not violate the defendant’s Sixth Amendment right to counsel, the Wisconsin Supreme Court has ruled.

A recent Wisconsin appeals court decision shows how challenging is for a defendant to convince a court to enforce waiver-of-liability agreements. Alexander Pendleton discusses lessons on crafting waiver agreements that can be learned from thedecision.

A circuit court erred by denying a prosecutor’s request to waive a juvenile who allegedly committed a mass shooting into adult court, the Wisconsin Supreme Court has ruled.

The Wisconsin Primary Election is Tuesday, August 9. Don't forget to vote!

Public health orders issued during the pandemic by Dane County’s health officer complied with state law and the state constitution, the Wisconsin Supreme Court has ruled.

A state law that prohibits a transgender sex offender from legally changing her name does not violate the First and Eighth Amendments to the U.S. Constitution, the Wisconsin Supreme Court has ruled.

Mediation is protected by Wis. Stat. section 904.085, which makes mediator testimony inadmissible, subject to limited exceptions. Paul Stenzel takes a closer look at a recent divorce case where the mediator testified in a post-judgment dispute thateventually went to the Wisconsin Court of Appeals.

A selection of recent Wisconsin case verdicts are shared below.

Martina Gast, chair of the State Bar’s Indian Law section, says the upcoming annual CLE will touch on topics ranging from sports betting at tribal casinos to tribal judges.

With hundreds of municipalities in Wisconsin, where do you start your research? Law Librarian Emily Gellings provides a list of resources and how to stay current in this vast and varied area of law.

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, say its graduates. Apply for the 2022-23 Leadership Academy by Sept. 12.

The Wisconsin Lawyers' Fund for Client Protection Committee reimbursed more than $130K to nine victims of lawyer theft over the past year.

Tom Shorter, a partner at Husch Blackwell, and David Cade, the CEO of the American Health Lawyers Association, will present on a range of state and federal health law developments, at the upcoming Health, Labor, and Employment Law Institute.

For the clerks of the 2022 State Bar of Wisconsin Diversity Clerkship Program, the summer offered confirmation of their decision to enter the legal profession.

WisLawNOW has grown to include close to 50 law blogs that provide timely updates across practice areas and drive people to lawyers' websites. Is your blog on the list?

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

Want to review a book? Request one from us!

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).

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

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

We want to hear from you! Post a comment, find us on social media, or send us your thoughts.

Wisconsin Supreme Court Chief Justice Annette Ziegler says it is vital that courts and the legal system be safe and peaceful environments for resolution of disputes.

Dean Dietrich says lawyers who pay other individuals to make direct contact with potential clients violate several ethics rules and a Wisconsin statute.

Law firms and lawyers experiencing cybersecurity incidents have both legal and ethical obligations to protect client data and inform clients of potential exposure. Kate Campbell and Christopher Shattuck provide tips to help you navigate a cybersecurity breach.

Julie Bonasso, a member of the Task Force on Wisconsin Lawyer Well-Being, lays out the business case for ensuring lawyers' mental and physical health.

Stormwater and flood management is a field that requires knowledge of laws and regulation at multiple levels of government. Carol Hassler provides a helpful resource list that includes quick links.

Summer storms are one type of weather event that can disrupt a lawyer's or law firm's practice. Matt Beier says being prepared for the possibility of business interruptions and property damage is a vital element of law client service.

By working together, Larry Martin says, lawyers, judges and State Bar staff can ensure that the state's legal professionals and judicial system continue to survive and thrive.

Understanding the backdrop of scarcity, the perceived stability surrounding property rights, and the value of water in a dry land will help Wisconsin lawyers learn from the western United States and their residents.

Know the possible legal perils for clients who buy, carry, and use items like pepper spray, bludgeons, and stun guns. This article explains how Wisconsin law defines and classifies less-than-lethal weapons, focusing on self-defense and concealed-carry statutes and regulations.

As State Bar president, Margaret Hickey's top priorities are helping newer lawyers, providing greater access to justice, and promoting diversity, equity, and inclusion both within the bar and in the wider legal profession.

The Task Force on Wisconsin Lawyer Well-Being addresses the harm to lawyers' physical and mental health from stress and the risks this harm causes to the judicial system and the public. The task force presented its report and recommendations to the State Bar Board of Governors in December 2021.

A letter from the state Department of Natural Resources informing a company that the agency could not issue the company a permit for existing equipment was not subject to judicial review, the Wisconsin Supreme Court has ruled.

A stop of man who was the only person seen by police in the area where gun shots had been reported by Shotspotter technology was constitutional, the Wisconsin Supreme Court has ruled.

The collateral consequences of an expired involuntary commitment order render an appeal of the order not moot, the Wisconsin Supreme Court has ruled.

The Dane County Circuit court erred by denying a motion to quash two subpoenas of a former member of the Public Service Commission, the Wisconsin Supreme Court has ruled.

The “zone-of-interests” inquiry historically conducted by Wisconsin courts to help decide whether a party has standing under Wis. Stat. ch. 227 has no statutory basis, the Wisconsin Supreme Court has ruled.

As summer heats up, the work of the legislature's study committees goes on. This article gives readers tips on how to keep up with their work.

The Waushara County Circuit Court will be destroying the exhibits in the following cases noted below by November 1, 2022.

Qualified interpreters are an integral piece of ensuring access to justice for Wisconsin’s population with limited English proficiency. Megan L. Sprecher explains the interpreter qualification categories and interpreter procedures for circuit andappellate courts.

In February 2022, President Biden issued an Executive Order requiring all contractors and subcontractors enter into project labor agreements for all large-scale federal construction projects. Brian Zimmerman discusses the Executive Order’s requirements,implementation, and industry objections.

The Wisconsin Supreme Court in 2021 established new requirements for guardians ad litem as it relates to domestic violence cases in family court. Debra Mancoske discusses recent GAL training in Brown County.

Mental health resources for children continue to be an important component when treating children with mental illness. Alyssa Paulus discusses these resources in Wisconsin.

An amended rule promulgated by the Wisconsin Supreme Court now allows lawyers to file paper copies of documents with the supreme court instead of original paper documents, as along as the original was physically signed by the lawyer.

Former U.S. Solicitor General and Wisconsin native Paul Clement shares a firsthand account of the decisions and judicial philosophies of the Roberts Court.

The State Bar's Lawyer Referral and Information Service (LRIS) helps you expand your practice. Join now to gain experience and clients.

The Dane County Circuit Court did not erroneously exercise its discretion by requiring parents who sued a school district over its transgender student policy to disclose their identities to defense counsel, the Wisconsin Supreme Court has ruled.

August is a great time for CLE events, networking, and relaxation – now's the time to sign up for events taking place in person for the first time since 2019: the Health, Labor, and Employment Law Institute, the Family Law Workshop, the Intellectual Property Academy, and Indian Law CLE.

To recover attorney fees under Wisconsin’s public records law, a records requester “must obtain a judicially sanctioned change” in the relationship between the requester and the custodian of the records, the Wisconsin Supreme Court has ruled.

This order amends the requirements applicable to signatures on documents filed in the supreme court until mandatory electronic filing begins in the supreme court.

The Wisconsin Business Court Advisory Committee filed a rule petition seeking to extend the court’s pilot project for commercial court dockets for large claims business and commercial cases for an additional two years, and to amend the existing interim rule to extend the pilot project and to clarify that local input is considered before judges are appointed to the pilot commercial court docket.

Victoria Schiller, a Wisconsin resident, filed an administrative rule petition asking the court to amend certain Wisconsin statutes "in order to shift the generally perceived responsibilities of a guardian ad litem to reflect the legal impacts of the 'Ending Qualified Immunity Act.'"

A selection of recent Wisconsin case verdicts are shared below.

You accepted a case where an advanced fee is paid by a third party – then realize a conflict requires you to withdraw. Who should receive the refund?

Need a solution to grow your practice? Constant Contact professional email marketing services can help you attract new clients by providing industry-leading online marketing services and advice.

Are you a new lawyer who works with the underserved in Wisconsin? The Wisconsin Law Foundation provides financial awards to those who represent underserved populations – people who have difficulty affording legal services and those in rural areas with limited access to legal services. Apply by Aug. 19.

State Bar members are invited to attend the Executive Committee meeting conducted annually to evaluate the amount of dues members may deduct for activities that are not reasonably related to regulating the legal profession or improving the quality of legal services.

Honor a leader in solo and small-firm practice: The State Bar of Wisconsin Solo/Small Firm & General Practice Section is seeking nominations for their 2022 John Lederer Service Award. Nominations are due Aug. 31.

Expungement of a past criminal conviction may help open doors for your client in obtaining employment, housing, and other critical opportunities. Law librarian Wendy Smith helps you understand this important process in Wisconsin and the resources available for legal information.

With a new advisory regarding a PFAS compound from the Environmental Protection Agency, Wisconsin is finalizing an enforceable drinking water administrative rule – and it can be the task of environmental law attorneys to communicate these changes with thepublic. Bill Nelson discusses best practices for public health messaging regarding PFAS.

Wisconsin law does not authorize the use of ballot drop boxes, the Wisconsin Supreme Court has ruled in a 4-3 decision.

In this short interview, we asked State Public Defender Kelli Thompson to talk about some of the most pressing issues affecting the public defense side of the justice system.

The affirmative defense available to victims of sex trafficking for crimes committed as a direct result of the trafficking is a complete defense to first-degree intentional homicide, the Wisconsin Supreme Court has ruled.

How often do lawyers evaluate why they are being chosen as a mediator for a particular case? Brent Smith discusses the factors that parties and their attorneys consider when choosing a mediator.

By crossing out the words “to Date” and writing the word “Partial,” a subcontractor transformed a complete waiver of a construction lien into a partial one, the Wisconsin Supreme Court has ruled.

A search warrant affidavit stated sufficient facts to find probable cause although it listed the driveway of the driver’s home address as the location of the drunk driving offense, the Wisconsin Supreme Court has ruled.

The admission of testimony by a victim about her lack of sexual activity in the period preceding an alleged sexual assault did not warrant reversing a defendant’s sexual assault conviction, the Wisconsin Supreme Court has ruled.

The Wisconsin Supreme Court has ruled that a sexual abuse verdict was supported by reasonable jury inferences, even though the state failed to ask victims specifically whether the statutorily-defined sexual contact occurred during the time periods

A member of the Wisconsin Board of Natural Resources is entitled to remain on the board although his term ended on May 1, 2021, the Wisconsin Supreme Court has ruled in a 4-3 decision.

The Wisconsin Supreme Court has issued order, effective June 29, 2022 extending the five-year-old Commercial Docket Pilot Project.

The proper remedy for a circuit court’s failure to specify the grounds for extending a mental health commitment that has since expired is reversal, the Wisconsin Supreme Court has ruled.

The Wisconsin Supreme Court has ruled that the state’s penalty scheme for operating while intoxicated (OWI) convictions is unconstitutional because it allows a penalty enhancement for a refusal to consent to a warrantless blood draw.

A lawsuit filed to block the release of a list of all Wisconsin businesses with over 25 employees that had at least two employees test positive for COVID-19 is barred by the state public records law, the Wisconsin Supreme Court has ruled.

The COVID-19 pandemic greatly impacted unemployment in Wisconsin. Brenda Lewison discusses that impact and offers practice tips for attorneys who represent clients with unemployment overpayment investigations.

The shift to online proceedings in early 2020 due to the COVID-19 pandemic created a more difficult court environment for those without access to reliable technology. Jessica Brown discusses the digital divide and offers recommendations for helping clients who have limited access to technology.

Summer is a time for enjoying Wisconsin’s lakes and rivers – but boating injuries and deaths lead to lawsuits, and lawsuits often lead to bankruptcy. David Krekeler discusses options for debtors involved in boating accident cases.

Quality caregiving services are a constant need, particularly in an unstable economy. Amy M. Burger discusses the caregiving shortage crisis and how legal practitioners can address the crisis by making caregiver agreements a regular and integral part oftheir practice.

An insurance policy that covered physical damage to property and losses caused by a suspension of operations did not cover losses caused when a coffee shop closed because of the pandemic, the Wisconsin Supreme Court has ruled.

For the first time in three years, judges, lawyers, and other legal professionals gathered in person last week in Lake Geneva for the State Bar of Wisconsin's Annual Meeting and Conference.

2021-2022 State Bar President Cheryl Daniels makes the case for lawyers to get involved in legislative advocacy efforts (2:20 min).

Wisconsin has a long history of creating and protecting the public's right to access the state's navigable waters. Diane Milligan explains the basic process by which the Department of Natural Resources may approve petitions to abandon public access inunincorporated areas.

The Financial Crimes Enforcement Network recently announced new regulations to crack down on criminal business enterprises. While not yet in force, changes are coming, and Maureen O’Leary suggests advising your business clients to maintain comprehensive corporate records in anticipation of meeting the new requirements.

With the Public Service Loan Forgiveness program, public interest work can be a viable career option for many Wisconsin attorneys. Susan Lund discusses the program and the real-life experiences of Wisconsin public interest lawyers.

For Margaret Hickey, who’s spent her legal career practicing family and elder law, service to the profession has been a passion. She was sworn in last night as the State Bar’s 67th president.

At its last meeting of the fiscal year, the State Bar of Wisconsin’s Board of Governors selected Kristen Hardy as chairperson of the board for FY 2023, heard remarks from Judge Randy Koschnick, Director of State Courts, and finalized other business.

In this second of (what we hope is) a series, Dan Rislove discusses the important legal lessons he learned from the 1980 hit comedy 'Caddyshack.' Cute but clever gophers aside, the story reveals a few points to remember for your practice, he says.

As elder law attorneys, providing the best guidance to clients often requires a bit of math. Peter Harbach dives into the math involved in comparing divestment planning with immediate qualification planning and the benefits for your clients.

A selection of recent Wisconsin case verdicts are shared below.

Lawyers must abide by their client's wishes regarding settlement. But what if that settlement requires being hired by the opposing party?

Keep up with the evolving trends, technology, and political policies impacting health care and the workplace at the 2022 Health, Labor, and Employment Law Institute, Aug. 18-19, at Glacier Canyon Lodge in Wisconsin Dells.

Registration is open for the 41st Annual Family Law Workshop – back in person in beautiful Door County. This year's event is Aug. 4-6 and features the latest issues in family law.

Christopher Shattuck, State Bar of Wisconsin law practice assistance manager, shares tips for law school grads looking to maximize their experiences as new lawyers.

Thanks to the generous challenge pledge of attorney Kevin Lyons and his wife, Roseann, all donations to the Wisconsin Law Foundation up to $25,000 made since July 1, 2021, have been doubled. The challenge campaign ends on June 30, so there's still time to donate and double your gift.

He's followed in his father's footsteps, and readily admits to "coloring outside the lines." Find out more about Judge Christopher Foley, the 2022 State Bar of Wisconsin Lifetime Jurist.

Following Wisconsin boating laws and regulations is the best way to stay safe on the water this summer.

The new Wis. Stat. chapter 324 specifically addresses custody and visitation issues for deployed parents. David Kowalski discusses the new chapter and its limitations.

Great litigators don’t just happen. Maybe there are fewer trials now, but that doesn’t mean a new lawyer can’t get a lot of experience. Heather L. Nelson discusses the many ways to develop future trial attorneys.

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.

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).

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.

Judge Maxine White sees Ketanji Brown Jackson's confirmation to the U.S. Supreme Court as vitally important for the nation and the world, personally, symbolically, historically, and politically.

The State Bar of Wisconsin government relations team highlights the organization's lobbying efforts and successes during the 2021-22 legislative session.

Clients need not make all decisions regarding their cases. But, Dean Dietrich says, lawyers have an ethical obligation to consult with clients about strategies before taking action, if deadlines permit.

The updated Wisconsin LLC law will create benefits for businesses and their advisors. Learn from Joe Boucher and Craig Miller why these updates were necessary.

Becoming an ally requires self-examination and practice. Roya Bahrami, Emily Kelchen, and Ioua Alen Marcyn B. Lagazo provide tips to make a difference.

The Wisconsin Supreme Court will not hear the appeal of a criminal defendant who sat in jail for 113 days before his preliminary hearing.

Larry Martin says every lawyer can make the legal profession better. Myron LaRowe and Kristen Hardy are two who've done so by volunteering as State Bar of Wisconsin leaders.

Cheryl Furstace Daniels highlights State Bar of Wisconsin priorities as her term as president reaches a close.

When Politico published and reported on a leaked U.S. Supreme Court draft opinion on Roe v. Wade, firestorm of responses ensued. Two appellate practitioners, Jacques Condon and Nicholas Zales, discuss the leak and its implications.

Separate laws on groundwater and surface water withdrawal and the lack of a fully integrated regulatory scheme for high-capacity wells have more often led to conflict and uncertainty than to clarity. Wisconsin's groundwater management regime is developing but still has gaps.

Attorney leaders are committed to making positive change toward racial justice both within and beyond the State Bar of Wisconsin's organizational structure. The State Bar Racial Justice Task Force is working to achieve racial justice and increase diversity, equity, and inclusion in Wisconsin's legal profession.

Recent changes to Wisconsin's business entity statutes will have particular significance for limited partnerships and limited liability companies formed in the state starting Jan. 1, 2023. The authors summarize important changes.

The new business entity act, 2021 Wis. Act 258, repeals and recreates Wis. Stat. chapter 183 to adopt the most recent version of the Revised Uniform Limited Liability Company Act. Certain Wisconsin-specific provisions are included in what this article calls the New LLC Act. Here is a look at the most significant changes.

A defendant must present more than conclusory allegations to be entitled to an evidentiary hearing on a motion claiming ineffective assistance of counsel, the Wisconsin Supreme Court has unanimously ruled

The Wisconsin Department of Justice (DOJ) erred by revoking a concealed weapons permit issued to a man who was convicted of disorderly conduct after threatening his wife, the Wisconsin Supreme Court has ruled.

Grassroots engagement is the most powerful way to effect change, whether at the local, state, or federal level. Two recent Advocacy Network meetings highlighted the role State Bar members can play in the legislative process.

Can an employee in a virtual environment be harassed? Erik Eisenmann, Catarina Colón, and Tracey O’Brien discuss the new “world” of online workplace environments and the consequences of cyberbullying and harassment.

The State Bar of Wisconsin condemns any threats or acts of violence against judges, who are crucial in maintaining our democracy.

On June 1, the State Bar of Wisconsin welcomed 170 new Wisconsin lawyers – graduates of the University of Wisconsin Law School. Among them are first-time lawyers in their families and those starting out their careers in service to the public and the profession. Welcome to the State Bar!

The State Bar of Wisconsin is sad to report the passing of Past State Bar President Michael Guerin on May 31, 2022. Colleagues say Guerin’s common touch made him a great lawyer and an uncommon leader.

Members should have received FY 2023 statements for Wisconsin Supreme Court assessments and State Bar of Wisconsin membership dues. Be sure to take advantage of your member benefits.

The Federal Bureau of Investigation recently announced and increased focus on corporate crime. Rebecca Furdek and Sal Hernandez discuss FBI investigations and the steps Wisconsin businesses and their attorneys should take if they come under investigation– and provide tips on proactive measures to take now to strengthen their compliance.

The Milwaukee County Accountability Program offers rehabilitative services for youth offenders. Just how effective is the program? Yolanda Gauna discusses the program and insight from a participant in the program.

Ambiguity in a state law regulating public utilities has stalled the advent of solar energy installations in Wisconsin.

The judicially created rule that grants an automatic stay to a defendant appealing an involuntary medication order does not apply to pretrial proceedings, the Wisconsin Supreme Court has ruled.

Given the current strong demand for new condominiums, attorneys for contractors and suppliers should be aware that condominium liens are subject to Wis. Stat. section 703.22. Brian R. Smigelski highlights several key provisions in this statute toconsider in protecting your client’s lien rights.

"This is the best opportunity of the entire year to interact with judges and lawyers and learn about what’s new in Wisconsin law and Wisconsin courts,” says Judge Randy R. Koschnick, director of state courts, of the State Bar's upcoming Annual Meeting & Conference.

A selection of recent Wisconsin case verdicts are shared below.

There is still time to double your donation in support of the Wisconsin Law Foundation. Your support, now more than ever, is critical to our ability to fund important programs and services across Wisconsin – your donations could be doubled through the end of June.

Legal books, websites, and databases contain a great amount of knowledge and practice tools for lawyers conducting legal research. Law librarian Carol Hassler discusses the don't-miss tools and knowledge sources that every new lawyer needs to know about.

The best briefs undergo a review process that is merciless, say attorneys honored in the Best Briefs Competition by the Appellate Practice Section. Learn more about the winners and their approach to powerful written advocacy.

Meet the 156 new Wisconsin lawyers, Class of 2022 graduates of the Marquette University Law School. Welcome to the practice of law!

A policy exclusion designed to cut off liability for property damage caused by the insured’s own work applied to interior damages caused by raising a house.

A video recording of an interview of a minor victim was not rendered inadmissible by the fact a separate audio recording of the interview was merged with the video, the Wisconsin Court of Appeals has ruled.

Part of the State Bar's mission is to coordinate and amplify the voice of the legal profession to Wisconsin's legislature.

The economics involved in the payment of care in child protective services cases can be complex. Andrew Morgan discusses the sources of funding and offers a broader perspective as to how economics may affect these types of cases.

Dealing with difficult clients is, unfortunately, a day-to-day reality for the practicing attorney. Jennifer M. Schank reviews how the Professional Rules of Conduct apply to the real-world situations when deciding whether to withdraw from representation.

The U.S. Department of Justice’s recent criminal prosecutions of health care executives for no-poach and wage-fixing conspiracies have been met with not-guilty verdicts. Despite these losses, Wendy Arends says that the Department continues to prosecute this conduct, and that antitrust enforcers will investigate human resources practices that may restrain competition.

To create an inclusive environment, there needs to be some intention in the language we use, says Alonzo Kelly, an executive coach, professor, best-selling author, and radio host. He is a featured presenter at the State Bar’s Annual Meeting and Conference on Thursday, June 16.

The Wisconsin Supreme Court has given its tentative approval to Rule Petition 21-05, which would authorize the remote administration of oaths during depositions.

Need a solution for your cybersecurity insurance needs? HSB Total Cyber offers comprehensive cyber insurance solutions that can help you and your firm prepare for a cyberattack or data breach. r of Wisconsin.

Book your getaway in June: Register by May 26 for this year's State Bar of Wisconsin Annual Meeting & Conference and save $25 off your tuition.

Marisol González Castillo was the first in her family to attend college and law school. Now a successful attorney, she is this year's Diversity & Inclusion Trailblazer, opening doors for future lawyers.

A selection of recent Wisconsin case verdicts are shared below.

It can seem daunting when a client needs help in the area of securities law, if this area is new to you. Law Librarian Elizabeth Manriquez provides a list of resources and how to stay current in this rapidly changing area of law.

Do lawyers who represents themselves in a legal matter need to worry about the no contact rule?

The rise of short-term vacation rentals over the years, through websites like Airbnb and Vrbo, has created some legal friction between homeowners and municipalities.

The statutory scheme that governs medical malpractice lawsuits does not apply to bar a wrongful death lawsuit filed against a community-based residential facility, the Wisconsin Supreme Court has ruled.

Undoubtedly, the most significant impact of the Russian invasion remains unquestionably the humanitarian crisis it has created. Although the war seemed to have set in motion deglobalization forces that are disrupting global trade, a full demise ofglobalization as has been predicted is not likely. Instead, the more likely impact of the ongoing seismic trade shifts is a recalibration of engagement from North America and Western Europe away from Eurasia to other Global South regions such as Africa an

The 2021 Charles Dunn Award goes to Kelly Mould and Kate Trudell, who authored the article #FreeBritney: When Protections Turn Toxic. The committee also recognized several authors who went above and beyond.

Environmental issues are inherently messy, and involve words often scary to lawyers: Biology. Chemistry. Organic Chemistry. When a client asks for help with an environmental issue, how do you process that inherent mess with legal theory? Bartlett Durandoffers this idea: think back to law school and refresh your “issue spotting” skills – because solutions may come from tort, regulation, property law, nuisance, or simple mediation.

As elsewhere, the COVID-19 pandemic will have a long-term effect on family law issues, including decisions involving child custody. Tiara Oates discusses creative alternative ways to resolve child custody disputes – and lessons learned from the pandemic.

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. The OLR assists the court in supervising the practice of law and protecting the public from misconduct by lawyers.

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).

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.

It was a night of celebration as the Wisconsin Law Foundation celebrates two classes of new Fellows, members of the legal profession who show a commitment to the profession and community service. Congratulations!

Promoting and protecting lawyer well-being is vital not only to individual attorneys and their families, Lindsey Draper says, but also to clients, employers, and the public.

Most data breaches can be avoided if users ensure that hardware, software, and communication encryption protocols are in place. Michael Eichacker, James Pearson, and Christopher Shattuck provide tips to protect your law firm and clients.

If you become aware of a client's potential malpractice claim, Matt Beier, Brian Anderson, and Joe McCarthy say to immediately contact your professional liability insurer, regardless of your assessment of the claim's validity.

The Professional Ethics Committee discusses responsibilities of lawyers who are considering a job change from defense to prosecution or prosecution to defense.

You can find water law indexed under property law, environmental law, and public health and welfare. Jenny Zook provides tips to help direct your research.

Ralph Weber explains how anchoring – specifically, the enduring effects of exposure to an initial number on later decisions – can help or hinder your work as a lawyer.

Larry Martin says lawyers play a vital role in defending democracy in the United States and around the globe.

Samuelson focuses on outreach to lawyers and the public to educate them about what the OLR does; supports programs to improve lawyers' practice-management skills and well-being.

To figure out what needs fundamental change, either within the U.S. Constitution or within the statutes, Cheryl Daniels suggests we ask for evidence and think about a law's actual effect on people's daily lives.

The author delves into and suggests how to harmonize law, technology, and democracy, especially as they relate to personal freedoms enshrined in the U.S. and state constitutions and as balanced with the public welfare.

This year's Annual Meeting and Conference will offer two panels that look into the unprecedented challenges that state courts and legislatures around the country have faced during the coronavirus pandemic and national unrest. Don't miss it!

Each spring, State Bar of Wisconsin members vote for one representative to the Wisconsin Judicial Council. This is an important position. Read what the Judicial Council is and what it does.

A statute extending the time to file lawsuits by mentally ill persons didn’t toll the statute of limitations for a lawsuit against a long-term care provider brought by the estate of a mentally ill person, the Wisconsin Court of Appeals has ruled.

Every autumn, a new cohort of students begins college. The focus in 2022 on the 50th anniversary of enactment of Title IX might help lawyers refresh themselves on ways to protect college-bound clients in courtrooms and classrooms.

A company that fired an employee who admitted to felony charges that were the subject of deferred prosecution agreements did not violate the Wisconsin Fair Employment Act, the Wisconsin Court of Appeals has ruled.

The Wisconsin Court of Appeals has ruled that a defense lawyer did not provide ineffective assistance of counsel by failing to object to testimony about the truthfulness of a confidential informant.

The U.S. Supreme Court’s decision in Keller v. State Bar of Cal., 496 U.S. 1 (1990), in which the Court upheld a challenge to a mandatory state bar association, remains good law, the U.S. Court of Appeals for the Seventh Circuit has held.

To effectively manage stormwater quantity and quality, we need to do so in the context of watersheds and hydrologic processes rather than as a series of discrete issues and programs.

On easements, whose rights take precedence – utility companies or private landowners? A recent decision by the Wisconsin Supreme Court effectively cements judicial interpretation of the statute and precedent in a clear and meaningful way.

The State Bar of Wisconsin Appellate Practice Section is hosting a day-long CLE session on Appellate Practice in District I on May 19. Is it for you? Here are the details on this important appellate practice event.

“One of the finest (and definitely most fun) networking and learning opportunities I’ve found over the years is our very own State Bar of Wisconsin Annual Meeting & Conference,” writes NRLD Director Kathryn Bullon. “I urge all NRLD members to join us for this exciting conference!”

A selection of recent Wisconsin case verdicts are shared below.

The City of Brookfield committed an unconstitutional taking by conditioning its approval of a land split on the completion of a through street across a parcel located between two subdivisions, the Wisconsin Court of Appeals has ruled.

Niebler-Brown will be recognized for her pro bono work at AMC on June 16.

Elon Musk's proposed acquisition of Twitter is one of the largest leveraged buyouts in history. The impact of Twitter going private – on both its users and the social media, communication and technology industries as a whole – is yet to be seen.

Members will soon receive FY 2023 statements for Wisconsin Supreme Court assessments and State Bar of Wisconsin membership dues. Be sure to take advantage of your member benefits.

The Wisconsin Law Foundation supports programs that enhance the public's knowledge of the justice system, encourages diversity in the profession, and assists young lawyers with taking up leadership roles. Now is the time to remember the Foundation on your dues statement – your donations can have double the impact.

Barron County Circuit Court Judge James C. Babler is the recipient of the State Bar of Wisconsin's 2022 Judge of the Year award. Find out why he's made a significant impact on the lives of children in his county.

After more than 30 years, we are saying goodbye to the print edition of the Wisconsin Lawyer Directory. However, our online directory remains the up-to-date place to find contact information for legal professionals across the state.

The State Bar of Wisconsin's Board of Governors also discussed a rules petition filed with the Wisconsin Supreme Court that would change record retention rules for some eviction cases and heard remarks from former Wisconsin Governor Tommy Thompson, a member of the State Bar.

The State Bar of Wisconsin is seeking nominations for the 2022 Wisconsin Legal Innovator awards. The "That's a Fine Idea: Legal Innovation Wisconsin" initiative, now in its 9th year, has uncovered some of Wisconsin's greatest legal innovators.

On Nov. 2, 2021, the Board of Bar Examiners petitioned the court to amend SCR 40.02 to enable qualified individuals for admission to the practice of law in Wisconsin to appear remotely, via audio-visual communications technology, in order to take the Attorney’s Oath before a justice of the Wisconsin Supreme Court. The court voted to grant the petition with a modified, uniform deadline as requested by the State Bar of Wisconsin.

On Oct. 8, 2021, the Wisconsin Association for Justice petitioned the court to amend Wis. Stat. section 804.03 to allow the remote administration of oaths at depositions as a temporary measure during the COVID-19 pandemic. The court extended the temporary order permitting remote depositions until July 1, 2022. The court now considers whether to formally amend the rule to continue this practice long-term.

On Aug. 31, 2021, the Director of State Courts petitioned the court to amend Wis. Stat. sections 753.24, 753.26, 757.12, 757.14, and 757.70 relating to the location of court. Following a public hearing on Feb. 15, the court discussed the petition at a closed administrative conference and voted to grant the petition.

On Dec. 29, 2021, the Hon. Robert J. Collins II, Oneida Judiciary, filed a rule petition to amend SCR 31.01(11) to allow tribal courts to appoint attorneys to provide pro bono legal services, and to permit the attorney to claim continuing legal education credits in lieu of monetary payments.

Wisconsin native Paul Clement has argued more cases before the U.S. Supreme Court than anyone in the modern era. In June, he will discuss recent changes undergone by the Roberts Court at the State Bar of Wisconsin's Annual Meeting & Conference.

A trial judge’s modification of a special verdict question confused a jury considering whether to extend a woman’s involuntary commitment, the Wisconsin Court of Appeals has ruled.

The U.W. Law School's Lawyering Skills Program provides a hands-on practical experience for 2L and 3L law students. Director Ryan Poe-Gavlinski discusses the program, where each week visiting faculty from around Wisconsin give lectures, lead groupdiscussions, and provide feedback to the student participants on the fundamentals of lawyering.

The Wisconsin Supreme Court has ruled that a defendant collaterally attacking a prior conviction based on a claimed violation of her right to counsel bears the burden of proving that violation, even where no transcript of the prior trial exists.

Marquette University Law School has developed one of the top-20 dispute resolution programs in the country. Two students from this program have joined the Dispute Resolution Section Board as student liaisons this academic year. Mary L. Ferwerda introduces the program and the students.

The regulation of PFOS and PFOA continues to be a hot button issue in Wisconsin. Two rules were adopted by the Wisconsin Natural Resources Board and advanced to the Legislature for review. Another rule that would have established groundwater standards forPFOS and PFOA failed to advance. Vanessa Wishart provides an update on each of these initiatives.

In a unanimous decision, the Wisconsin Supreme Court has upheld the results of a recount that resulted in a five-vote margin of victory for a schools referendum in Racine in 2020.

The Wisconsin Legislature has announced the special study committees for 2022. State Bar members with expertise in the topic areas under study are encouraged to apply as a valuable service to the people of Wisconsin.

Wausau attorney Dean Dietrich is the next president-elect of the State Bar of Wisconsin. Here are the results for the State Bar officer and Board of Governors' elections for 2022-23.

In celebration of the 50th anniversary of ‘The Godfather,’ Emily Kelchen reflects on legal lessons she learned from the movie. While the characters in the movie care more about skirting the law than following it, there are still moments in the film that carry important legal lessons.

Senior lawyers are accused of ruining the profession despite the professionalism, dedication, and integrity we bring to the legal system. Steven Sorenson discusses the accusation, saying that while some may find such values old fashioned, they are crucial to the integrity of our profession. "As mentors to the younger generations of lawyers, it is our duty to uphold these values and pass them on," he writes.

While lawyers are making strides in how they accommodate individual clients, our systemic practices can reveal gaps in knowledge about accessibility. Hamza Jaka shares the perspective of a new attorney with multiple disabilities, and discusses how to ensure your law practice is accessible – which increases the reach of your practice.

Following a decade of effort from Wisconsin business lawyers, Gov. Tony Evers on April 15, 2022, signed 2021 Act 258 into law. Adam Tutaj discusses this Act, which streamlines, modernizes, and bring into uniformity five chapters of business entity law.

Redistricting maps drawn by the Wisconsin Legislature but vetoed by Governor Tony Evers will govern state legislative elections beginning this November, the Wisconsin Supreme Court ruled last week.

The complex laws governing Medicare providers are filled with landmines. Understanding the basics of who, what, where, and how of Medicare exclusion works help health care professionals avoid this limiting consequence, says Kristen Nelson.

A selection of recent Wisconsin case verdicts are shared below.

Is it unauthorized practice of law if lawyers who live in one jurisdiction practice (virtually) in another via remote work?

Twenty-four young lawyers, nominated by legal professionals statewide, attended the State Bar of Wisconsin Leadership Development Summit.

The State Bar of Wisconsin's Annual Meeting & Conference returns in person this June in Lake Geneva. We hope to see you there – register by May 5 for the best rate.

They are members of the legal community who make a difference – by mentoring others, offering their pro bono services, and going the extra mile. Congratulations to these 14 award recipients.

It’s never too soon to start thinking about severe weather, even in the middle of a cold spring.

Are you prepared in case of a natural disaster? Christopher Shattuck, State Bar of Wisconsin law practice assistance manager, shares quick tips to help you recover when a disaster impacts your law practice.

At age 30, Charles Clevert became the first Black federal judge in Wisconsin history. He continues to help parties settle disputes as a mediator and arbitrator.

It can be challenging to find ways to reach clients who are indigent. In this April Tip of the Month, Kelsey Brown offers several tips to help you successfully reach out to indigent clients.

On June 23, 2020, the U.S. Securities and Exchange Commission (SEC) Division of Examinations (EXAMS) issued a risk alert based on 5 years of examinations of registered investment advisers that manage private equity funds or hedge funds.

The Board of Review for the City of Kenosha properly determined that a nine-acre parcel of raw, unimproved land was correctly assessed as residential, the Wisconsin Supreme Court has ruled.

The Wisconsin Supreme Court has ruled that a subpoena for the results of a diagnostic blood draw did not violate a suspect’s Fourth Amendment rights, even though the subpoena came after the results of a warrantless investigative blood draw on the suspect were made known to the police.

Welcome to 19 new Wisconsin lawyers who passed the Wisconsin Bar Exam in July 2021 and February 2022. Some are just beginning their careers in law, and others are finding new opportunities in Wisconsin. Congratulations!

Lawyers working on international projects – here or abroad – can further U.S. foreign policy and enhance national security. John Vaudreuil discusses his experience with "micro-diplomacy."

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

Want to review a book? Request one from us!

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).

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

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

We want to hear from you! Post a comment, find us on social media, or send us your thoughts.

During April's National Volunteer Month, and throughout the year, lawyers have many opportunities to build toward a better future. Megan Lee says we owe it to our communities and ourselves to give back.

Dean Dietrich says asking a colleague for input will help a lawyer thoroughly analyze the potential of current and future conflicts of interest when considering whether to take on a new client.

Jeff Glazer looks at some of the ways in which decentralization and automation are putting strains on the legal frameworks that structure property ownership, organization, and securities in this part 2 of a two-part series about digital currency systems.

Larry Martin invites you to join other legal professionals, in person, at the State Bar's 2022 Annual Meeting & Conference to relax, rejuvenate, and reconnect at the Grand Geneva Resort in Lake Geneva, Wis., June 15-17.

As Cheryl Daniels passes the torch to colleagues at DATCP, she has a few tips for private-practice lawyers whose clients appear before state agencies.

Like all new lawyers, Jim Shellow needed guidance and support during the early years of his practice. In the nearly six decades since, he has become a formidable criminal defense attorney, thanks to his mentor.

To better represent clients, criminal defense lawyers should learn about the types of digital evidence that may reside on clients' mobile technology devices and how the evidence can be accessed and preserved.

Wisconsin has the third highest number of natural lakes of U.S. states but keeping these and other water resources clean and equitably available for all users is a challenge that increases by the day. This overview presents the basics of Wisconsin's water laws and the issues that are catalysts for disputes about water use, which we will explore in a series of articles in 2022.

The Wisconsin Legislature has finished the business of the 2021-22 session. This article examines some of the bills and acts that were supported by the State Bar's lobbying practice sections.

A public sector nurse whose salary was broken down as an hourly amount and who was paid extra hourly compensation was an exempt employee under the Fair Labor and Standards Act, the Wisconsin Court of Appeal has ruled.

The Wisconsin Court of Appeals has affirmed a Dane County Circuit Court’s decision to vacate an arbitration award because the arbitrator fell asleep during testimony by the plaintiff’s expert witness.

A federal district court properly denied a plaintiff’s motion to remand her class-action lawsuit over medical records to state court after it had been removed to federal court, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Exigent circumstances did not justify the warrantless search of a hotel room occupied by a man who allegedly stole a pistol and was reportedly suffering from post-traumatic stress disorder and drug problems, a state appeals court has ruled.

State law did not authorize the Department of Corrections to deduct 50% of an inmate’s wages to pay restitution because a judgment of conviction specified that 25% of the inmate’s wages were to go toward restitution.

Defendants’ misplaced reliance on an absolute – but imagined – right to remain silent upon arrest can leave them critically exposed at trial. Joshua D. Kundert discusses a critical flaw in federal court Fifth Amendment protections.

Gov. Tony Evers has announced an $8 million grant to the Wisconsin Trust Account Foundation Inc. to support low-income residents who need legal assistance as they recover from the pandemic.

A selection of recent Wisconsin case verdicts are shared below.

Whether you are a music consumer, a musician, or a lawyer interested in music law, the music industry requires extensive legal expertise for protecting and managing rights to creative work. Law librarian Genevieve Zook provides a comprehensive list of online copyright and research resources for music law.

The State Bar's Lawyer Referral and Information Service (LRIS) helps you expand your practice. Join now and get April, May, and June free in 2022.

Since the start of the COVID-19 pandemic, the need for remote authorization technology has been in demand. eNotaryLog, on the list of approved providers by the Wisconsin Department of Financial Institutions, now offers discounts to State Bar of Wisconsin members.

Help set the direction and policies of the State Bar of Wisconsin by voting in the upcoming elections. Here's what you need to know to cast your vote.

In April, we honor volunteers who stepped forward to address the legal needs of Wisconsin's most vulnerable residents. Each year, the Pro Bono Honor Society thanks the Wisconsin lawyers who donated at least 50 hours of pro bono service. In 2021, 294 lawyers made the list.

Meet the three leaders honored in March by the State Bar of Wisconsin Young Lawyers Division. All three are making a difference among their colleagues and in their communities.

After nine years of practicing estate planning and elder law, Appleton lawyer Jon Fischer has seen up close the effects of failing to plan for end-of-life care.

Engaging in advance planning for healthcare decision-making can mean the difference between life and death. Mike and Luciana Wiltse share their harrowing experience with writer Jeff M. Brown.

Building a diverse and inclusive practice leads to better decisions and potentially more business, says Dr. Sharon Meit Abrahams, an international legal talent expert.

The City of Milwaukee used the wrong measure in determining that three commercial buildings should be razed because the cost of repairing them exceeded half their value, the Wisconsin Court of Appeals has held.

A circuit court properly entered an injunction against an anti-abortion protestor who repeatedly made intimidating statements to a nurse who worked at clinic, the Wisconsin Court of Appeals has ruled.

The Wisconsin Court of Appeals has ruled that a defense lawyer’s failure to request a copy of a child protective services report constituted ineffective assistance of counsel.

What is Wispact and how can it help my client? KC Kratochvill talks about this private nonprofit that maintains and administers pooled special needs trusts in Wisconsin.

In a per curiam decision, the U.S. Supreme Court this week reversed a decision by the Wisconsin Supreme Court that chose legislative and congressional redistricting maps submitted by Governor Tony Evers.

According to a recent Department of Justice release, the department recouped its second largest ever annual total from civil False Claims Act Claims. Leah Ruedinger discusses the types of claims over the past year and offers advice to help clients toavoid facing such claims.

When you pick up a case in a county that is new to you, it's a good idea to get acquainted with that court's rules, because they can differ widely from what you're used to. David Karp discusses local court rules and where to find them.

A company that refused to hire a man for a lighting specialist position after it learned he’d been convicted of domestic abuse did not engage in employment discrimination, the Wisconsin Supreme Court has ruled.

A Dane County couple did not forfeit their right to object to an arbitrator’s conduct by waiting until after the evidentiary hearing to make the objection, the Wisconsin Supreme Court has ruled.

A sales tax imposed by Brown County to fund capital projects complies with a statute that says sales taxes may be imposed only to directly reduce the property tax levy, the Wisconsin Supreme Court has held.

The new general counsel at the National Labor Relations Board is embarking on an aggressive campaign to overturn pro-employer precedents. Peter Albrecht provides an overview of some of the changes that could be important to both management and labor.

Two recent appeals court decisions draw attention to the presumption of openness in Wisconsin’s public record laws. Nelson W. Phillips details the cases decisions and the decisions.

Skyrocketing costs for a legal education are increasingly a problem for the entire legal community. Recent changes to the PSLF program may offer some relief, but borrowers must act soon.

Carbon capture – a climate change mitigation technology – is experiencing a surge in federal funding and private sector interest. Andrew Gunem discusses these developments and how Wisconsin can profit from this promising sector.

A recently appeals court decision reinforces the requirement for batterers to complete certified treatment before being granted sole or joint custody of minor children in a divorce. Marco Bichanich discusses the case and the importance of certified batterers treatment providers in protecting children from the impact of domestic violence.

Under COVID-19, more businesses shifted to a more robust online presence – and subsequently, a stronger need to protect their business and brand names. Emilie Smith discusses the issue and steps to take when dealing with copyright and trademarks, and offers tips for best practices.

In early March, President Joe Biden signed a new law banning mandatory arbitration for workplace sexual assault and sexual harassment claim. Holly Pomraning discusses the act and its implications for employers.

The first year of legal practice can be overwhelming, particularly for public interest attorneys working for small organizations with few mentoring resources. Elizabeth Stinebaugh offers tips and tricks from seasoned attorneys on what they “wish they knew” in their first year of practice.

The Wisconsin Court of Appeals has held that statutes of repose and limitation bar a lawsuit filed by homeowners over the installation and repairs to stone cladding on their house.

Get tips to better manage your files and keep them secure. State Bar Law Practice Assistance Manager Christopher Shattuck shares helpful practice management tips and legal technology apps that can increase efficiencies in law firms.

The pandemic exacerbated problems with access-to-justice across Wisconsin – problems that legal agencies scrambled to meet with new service models.

Legalese has been used excessively in contracts for too long. It creates an unnecessary hurdle that can be easily avoided by all contract drafters. Nicholas Fucinato discusses how legalese may cause readers to misinterpret language and lose the intent of an agreement.

When your clients need representation in municipal court, it’s good to know the “big picture.” Municipal Judge and Circuit Court Commissioner Jason Hanson provides an overview of municipal courts and offers some practice tips.

On Oct. 8, 2021, The Wisconsin Association for Justice filed a rule petition seeding to amend the Wis. Stat. section 804.03 to allow remote administration of oaths at depositions, consistent with a series of temporary orders that permitted this practice during the COVID-19 pandemic.

Built with the legal professionals in mind, BobaGuard offers a simple way to protect your practice and your clients' sensitive data from dangerous hackers. You can protect your firm from cybercriminals and still have the time to build your practice.

With the April elections approaching, now is the time to learn about those candidates who are asking for your vote to lead the State Bar of Wisconsin as governors.

A selection of recent Wisconsin case verdicts are shared below.

In discussing cases with someone outside of the office, do government lawyers have different confidentiality obligations than other lawyers?

The recent approval of the Racial Justice Task Force Report by the State Bar’s Board of Governors was a big step for the legal profession, says President Cheryl Daniels.

Federal legislators and regulators are responding to restrictions on consumers' right to repair vehicles and other products.

Congratulations to Brookfield Central High School's mock trial team, headed to the national competition in May! In another successful year, all mock trial participants learned crucial skills that will help them no matter what career they choose.

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

Want to review a book? Request one from us!

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).

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

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

Among the COVID-19 pandemic's lingering effects are delays in criminal-case processing in Wisconsin courts. State Public Defender Kelli Thompson says stakeholders working together can help clear the backlogs and revive faith and trust in the legal system.

Dean Dietrich says an attorney can meet with a former client who alleges the attorney engaged in malpractice but must proceed cautiously when doing so.

The practice area of estate, probate, and trust law produced the most malpractice claims reported to WILMIC in 2021. Tom Watson provides tips and data to reduce your malpractice risk in this and other practice areas in 2022.

Stop thinking that the reason women leave private practice is a lack of grit or of the growth mindset. Instead, Deanne Koll suggests focusing on making law firms into places where all lawyers can thrive.

We strive to better understand your reading preferences, the information you are interested in, and how we can best deliver it. Larry Martin asks you to respond to the upcoming reader survey to help guide State Bar publications.

Cheryl Daniels urges you to read the soon-to-be-released report on lawyer well-being in Wisconsin and then apply its lessons when working with clients, colleagues, and the profession as a whole.

How has technology such as the algorithm affected human choice, especially in areas such as economics, politics, and social policy? The concept of human choice is baked into the social contracts of democracies and more specifically into the U.S. Constitution. The author argues that algorithms should augment human intelligence, not replace it.

State and federal statutory and case law govern how public libraries provide space, information, and resources to their communities. The author discusses the underlying Wisconsin and federal statutes and a few of the cases that have defined important legal concepts, such as intellectual freedom, public forums, privacy, and copyright law.

Individuals who thus far had refused to be vaccinated, citing medical, religious, or philosophical objections, challenged some vaccination mandates in courts. These lawsuits have had varying outcomes. The authors summarize the most significant recent decisions.

But the Republican-controlled Wisconsin Legislature has already asked the U.S. Supreme Court to overturn the Wisconsin Supreme Court’s decision.

A police stop of a man riding his lighted bicycle at a normal pace across a school playground at night violated the Fourth Amendment’s ban on unreasonable search and seizures, the Wisconsin Court of Appeals has held.

The bankruptcy code does not allow a lawyer to discharge more than $12,000 in sanctions imposed by the Wisconsin Office of Lawyer Regulation (OLR), the U.S. Court of Appeals for the Seventh Circuit has ruled.

A look back at where the State Bar of Wisconsin's legislative priorities stand as the 2021-22 session wraps up.

A Madison ordinance prohibits employers from discriminating against employees based on political beliefs. Where pandemic precautions have become highly politicized, employers and employees should consider the ramifications, says Patrick O’Connor.

A company that obtained a written easement in 1980 to install a gas line beneath a homeowner’s property obtained a prescriptive right to continue using the gas line in 1990, the Wisconsin Supreme Court has ruled.

It's nearly tax season. With so much information available, how do you know which resources to trust? Law librarian Carol Hassler guides you through resources to help you with your tax law research.

Hoping to learn more about Wisconsin’s lawyer regulation system and the State Bar of Wisconsin’s structure and programming, a delegation from the Bar Council of the Maldives (BCM) visited the State Bar Center in Madison last week.

Looking for a grant for an elder law or special needs planning related project? A grant from the Elder Law and Special Needs Planning Section may be able to help, says Jessica Liebau.

A new State Bar of Wisconsin member discount program now offers discounts for members on travel, hotel, car rentals, and entertainment. It's easy – and here's how to benefit.

A selection of recent Wisconsin case verdicts are shared below.

To help thousands of Afghan allies start their new lives in Wisconsin, Chippewa Falls native Sahar Taman led a small army of volunteer lawyers to assist with their legal needs. Find out more about the legal clinic at Fort McCoy and the lawyer who led it.

The Wisconsin Equal Justice Conference returns Thursday, March 10. Find out more about this 6.5 CLE credit event, which is happening both on Zoom and in person.

Register now: The State Bar of Wisconsin's Annual Meeting & Conference returns in person this June in Lake Geneva.

It's all happening: The Young Lawyers Conference, held by the State Bar of Wisconsin's Young Lawyers Division (YLD), is coming to Wisconsin Dells on March 11. Get CLE and see your colleagues: Sign up today. Tuition is complimentary for YLD members.

Robin Sheridan and Jessica Biondo discuss two recent U.S. Supreme Court rulings regarding mandatory COVID-19 vaccination rules from the Centers for Medicare & Medicaid Services and the Occupational Safety and Health Administration.

Three new flow charts can help you determine which trust accounts should be used to process the varying forms and types of payments from clients.

The candidates, both of whom practice in Greater Wisconsin, discuss how they would address the challenges facing the legal profession.

The State Bar of Wisconsin's Board of Governors also approved petitions to the Wisconsin Supreme Court that would allow CLE credit for diversity, equity, inclusion, and access programs and update SCR Chapter 68 regarding courthouse security.

Due to icy road conditions in the Madison area, the State Bar of Wisconsin building (State Bar Center) is closed today. However, the State Bar is still officially open as most team members are working remotely.

In part two of a series, State Bar Government Relations Coordinators Cale Battles and Lynne Davis highlight more of the legislative priorities State Bar lobbying sections hope to wrap up by the session's end.

The Wisconsin Supreme Court has ordered that a circuit court ruling against ballot box guidance issued by the Wisconsin Elections Commission be stayed only through the February 15 primary election.

A circuit court properly imposed consecutive commitment periods on a criminal defendant who pleaded not guilty by reason of mental disease or defect, the Wisconsin Supreme Court has ruled.

A circuit court did not rely on improper factors by discussing a defendant’s gun ownership when sentencing the man for second-degree intentional homicide, the Wisconsin Supreme Court has ruled.

The Fifth Amendment’s privilege against self-incrimination does not prevent an insurance company from denying coverage to a homeowner who was unwilling to provide information essential to his claim, the Wisconsin Court of Appeals has ruled.

State law does not prohibit an insurer from limiting underinsured motorist coverage (UIM) to persons insured under the insurer’s policy, the Wisconsin Supreme Court has ruled.

The Business Court Advisory Committee has petitioned the Wisconsin Supreme Court to extend the Commercial Docket Pilot Project for an additional two years

Former bankruptcy debtors have many steps, options, and resources to help them on the road to financial independence. John Menn outlines practical steps for bankruptcy clients to take to gain a fresh start on their finances.

Public construction projects require considerations not encountered on private projects, including when handling disputes among the parties. Kevin Long outlines several key issues in handling a construction dispute that involves a public entity.

Under the Trump Administration, thousands of children were separated from their families at the U.S. border, and separations still occur – although much fewer – under the Biden Administration. Rozita Gerhard discusses the “zero tolerance” policy and its effect on immigrant children

Congratulations to the teams who competed in the 2022 Wisconsin High School Mock Trial regional tournament! The top 12 teams will compete in the finals tournament in March.

Under new Wisconsin laws, all businesses, organizations and governmental units holding unclaimed property in Wisconsin are given the opportunity to apply for an Unclaimed Property Voluntary Disclosure Agreement with the Wisconsin Department of Revenue.

A selection of recent Wisconsin case verdicts are shared below.

Can we host a link for an outside business on our website and permit the outside business to link to our firm?

Grants of up to $2,400 are available for programs that help public understanding of the legal system. Past recipients include ABC for Health, Inc., and teen court programs across the state. Apply by April 1, 2022.

The Wisconsin Equal Justice Conference returns Thursday, March 10. Find out more about this 6.5 CLE credit event, which is happening both on Zoom and in person.

The State Bar is celebrating the lawyers admitted in 1972, reaching their 50-year milestone in the legal profession. Together, we honor your years of practice and your many achievements.

There's so many ways to get involved in your State Bar, says State Bar President-elect Margaret Hickey. "Whatever your interest, my expectation is that there's a committee that would fit your interests."

When a grievance is filed, there's an opportunity for both sides to present their perspectives – and possibly resolve the dispute without the need for formal discipline.

The shift to virtual practice has forced Wisconsin lawyers to confront novel ethics issues.

The Wisconsin Supreme Court has denied a petition filed by gubernatorial candidate Rebecca Kleefisch, who asked the court to review Wisconsin Election Commission (WEC) guidance as an original action.

An appeal from a circuit court’s decision in a lawsuit over ballot drop boxes will go directly to the Wisconsin Supreme Court under an order issued by the supreme court on Jan. 28, 2022.

The Wisconsin Supreme Court has ruled that an Illinois company’s failure to timely file a form with the Department of Workforce Development (DWD) after purchasing a Wisconsin company prevented the Illinois company from succeeding the unemployment insuranc

The idea to “bring your authentic self to work” can be problematic for professionals of color, writes Jennifer Johnson. In this Tip of the Month, Johnson discusses how microaggressions make it difficult for her and other Black women to feel comfortablebringing their authentic selves to work.

Who's become a partner, changed firms, received an award, and more. Share your own!

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.

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).

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.

We want to hear from you! Post a comment, find us on social media, or send us your thoughts.

To truly heal the wounds caused by racism and other types of bias and improve life for everyone, TR Edwards says Americans must understand, not hide from, our nation's past.

State Bar staff photographer Shannon Green offers tips to help you get a free, professional-quality headshot using only your smartphone – and a friend.

Will Hornsby looks at marketing trends and regulations over the recent past and into the coming year.

Dean Dietrich says a report of a lawyer's alleged misconduct engaged in during litigation likely will not be acted on until the litigation is over.

Rick Niess believes the commercial court pilot project is flawed. He offers ideas on how to reform the current business court.

In Part 1, Jeff Glazer demystifies and explains cryptocurrency and blockchains: what they are, how they work, and how they're funded. In Part 2, he'll explore the legal issues surrounding these digital currency systems.

Larry Martin urges lawyers and other Americans, regardless of political affiliation, to work together to resolve the many problems confronting our nation and world.

Cheryl Daniels wants you to know that, pandemic or not, State Bar leaders and staff welcome interactions with members, especially when engaged in with courtesy, kindness, and empathy.

Too often, people who have accidents or other health-related emergencies are then hit by unexpected medical bills. The recently enacted federal No Surprises Act might alleviate some of the financial harm.

Five Wisconsin lawyers representing different geographic areas offer a snapshot of what they are experiencing amid a pandemic and what they anticipate their business to look like in the next few years.

How quickly – and completely – the COVID-19 pandemic ends seems less relevant to the future of law practice, because shifts related to technology, marketing and business development, hiring and retention, diversity, and other areas that have been sweeping the legal profession seem to be here to stay.

The State Bar Government Relations team examines the work of some of the Bar's most active lobbying sections.

Three recent pieces of legislation seek to remove barriers to medical practice and expand access to medical care. Kristin Degeneffe discusses how these changes may affect physician assistants, advanced practice nurse practitioners, and out-of-state medical providers.

Are you an attorney of a diverse background who is interested in litigation? The State Bar of Wisconsin Litigation Section offers one-year sponsored memberships for attorneys with historically underrepresented backgrounds. Jacqueline Nuckels provides the details.

A contract for legal services related to redistricting that was authorized by a legislative committee and signed by a state senator is valid, the Wisconsin Supreme Court has held.

Young lawyers: Expand your network of colleagues while exploring topics of interest to young lawyers in Wisconsin at the Young Lawyer Conference on March 11. Register today – it's free for members of the Young Lawyers Division.

When drafting a commercial lease agreement, entering into a new lease, or challenging provisions of a lease, you need access to authoritative sources. Law librarian Amy Crowder lists some of the best resources for putting together the best commercial lease for your client.

If you donated 50 or more hours of qualifying pro bono legal services to benefit low-income Wisconsin residents in 2021, you qualify as a member of the Wisconsin Pro Bono Honor Society – certify your service by Feb. 28.

Do you seek opportunities that will put you in contact with the leaders of your profession? Submit your petition to represent Wisconsin's legal community through the American Bar Association House of Delegates.

The longstanding theory that incarceration deters repeat-offending is difficult to test. Michael O'Hear discusses the conclusion of a new meta-analysis of the issue: The specific deterrence theory is just not true.

The amendments begin a new chapter in the history of legalized gambling in the Badger State.

Economic and demographic forces have combined to erect barriers to legal access for rural populations. According to Dr. Michele Statz, those barriers have a significant effect on public health.

A work two years in the making, the Wisconsin Association of African-American Lawyers has published the histories of 11 pioneering Black Wisconsin lawyers. Find out more about these lawyers, and why it is important to keep their history alive.

Presenters discussed flaws in commonly accepted areas of forensic science and, explored the differences between law and science, and spoke movingly from personal experience about the costs of wrongful convictions.

A recent Wisconsin court of appeals decision sends a message to child support payers. Jacob S. Wiese discusses why the decision makes it clear to parties paying child support that they must be proactive in revising child support orders when a child reaches the age of majority.

While women are joining the legal profession in equal numbers as men, the proportion of women partners has increased only marginally since the 1990s. Kelly Gorman discusses recent studies that reveal what it takes to retain women in law firm positions.

Senior lawyers have a lot to offer the community through service in many areas, yet many don’t realize that. Jean Baker says that senior lawyers should recognize that the general know-how and strengths acquired during their careers are exactly the characteristics most helpful to community organizations right now.

The Wisconsin Supreme Court has added eight cases to its docket. In one case, State v. Thomas, the court will consider the standard for determining whether the admission of DNA evidence against a criminal defendant in violation of his Sixth Amend

A recent Wisconsin Supreme Court decision in a lawsuit over charges for medical records renders moot a circuit court’s class certification in a similar lawsuit, the supreme court has ruled.

A judgment entered by a Mexican court against a Wisconsin couple who defaulted on a loan is enforceable in state court, the Wisconsin Supreme Court has ruled.

The 2021-2022 legislative session is rapidly coming to a close. Government Relations Coordinator Cale Battles gives an overview of how best to keep up with the goings-on of state government in the final days of session.

In this Tip of the Month, Irene Au-Young discusses the growing interest by legal professionals in the area of animal law. She provides resources and ideas about how public interest lawyers can get involved as advocates for the interests of animals.

As a follow-up to two recent articles in the Environmental Law Section Blog about environmental justice issues at the federal level, Tressie Kamp explores how Wisconsin lawyers might further principles of environmental justice, diversity, equity and inclusion in their own communities.

LGBTQ youth have unique issues that require attorneys to educate the court, particularly in family law matters. U.W. law student Renee Pasciak explains the need for this education and how to advocate for this population.

Divorce can be costly – an alternative is mediation. But what if the parties already must go through cultural mediation before a divorce? Chue Xiong discusses how to incorporate cultural mediation into your mediation practice – which may be the mosteffective way to obtain a divorce.

Amending the Wisconsin Constitution is not a quick or easy task, but it is not impossible. Alexander (Sandie) Pendleton and Benjamin Kuhlmann explain the process.

When you receive an email from opposing counsel that includes several recipients, do you need to know who those recipients are before choosing "reply all?

Individuals charged with a criminal offense are legally provided the presumption of innocence. However, those unable to post bond are subject to pretrial detention and the same treatment as those sentenced to confinement upon conviction. Nicole Muller explores the constitutional conflict between the presumption of innocence and pretrial detention in Wisconsin, and how attorneys can better advocate and protect the presumption of innocence.

A rule petition asking the court to amend SCR 31.06 relating to CLE requirements for the transfer from inactive to active membership status.

On Aug. 31, 2021, the Director of State Courts filed a rule petition asking the court to amend the Wisconsin statutes pertaining to the location of court.

This rule petition asks the court to create a new Wis. Stat. §§ 48.299 (2m) and 938.299 (2m) to create a uniform court procedure regarding the use of restraints on children in juvenile court.

A selection of recent Wisconsin case verdicts are shared below.

High school students will tackle the difficult issues presented in a disability rights case – as the High School Mock Trial tournament again moves online for 2022. Volunteers are needed as referees for the online regional and state tournament competitions.

As you begin 2022, please consider supporting the Wisconsin Law Foundation. Your support, now more than ever, is critical to our ability to fund important programs and services across Wisconsin – and now, your donations could be doubled.

The State Bar of Wisconsin's Lawyer Referral and Information Service (LRIS) connects people seeking lawyers with lawyers seeking clients. And right now, those who register through June 2022 receive 50 percent off the cost of registration.

It's a new year. Are you making the most of your State Bar membership benefits and discounts?

The State Bar of Wisconsin's 2022 president-elect race features two candidates with a keen understanding of what it means to practice law outside Madison and Milwaukee.

On a blustery November day, members of the State Bar of Wisconsin Construction & Public Contract Law Section volunteered for a different sort of pro bono work: to build a fence for a family in need in Milwaukee. It was great way to take a break from the computer to do hands-on work, writes section advisor Mark Schmidt.

The science behind forensic evidence is only one front in the battle against wrongful convictions. Another is the relationship between technology and civil liberties, says Elizabeth Daniel Vasquez, special forensic science counsel at Brooklyn Defender Services.

A presumption against granting custody to an abusive parent can only be overcome with proof that the parent has completed treatment for batterers from a certified program or from a certified provider, the Wisconsin Court of Appeals has ruled.

A Wisconsin appellate court has ruled that a prosecutor who repeatedly argued that a victim’s testimony was “uncorroborated” violated the constitutional right of a criminal defendant who did not testify during the trial.

The state Department of Public Instruction (DPI) impermissibly inquired into religious doctrine in determining that two private schools in Washington County were affiliated with the Roman Catholic Church, a U.S. Court of Appeals has ruled.

For lawyers handling business acquisitions and divestitures, turning for help to outside professionals can lessen any issues that may arise. Eric A. Johnson discusses the types of professionals that can help lawyers smooth out complicated transactions.

A company that repossessed a car from an apartment building garage violated the Wisconsin Consumer Act (WCA), the Wisconsin Supreme Court has ruled.

The Wisconsin Supreme Court will hear oral arguments on a lawsuit filed over the decennial re-drawing of the state's congressional and legislative districts at 9 a.m. Wednesday, Jan. 19.

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.

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).

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.

We want to hear from you! Post a comment, find us on social media, or send us your thoughts.

Mindy Tempelis says focusing on wellness is important for everyone, especially lawyers and other members of helping professions.

Client feedback mechanisms are a fast and effective way to boost firm revenue. Heather Gray-Grant explores why law firms are not using this business practice as a standard operating procedure.

In Milwaukee, the state legislature granted municipal governments the right to build new land along the coastline. These projects on lakebed fill must accommodate the public. Sarah Martinez gives details about a recent CLE program that discussed issuessurrounding lakebed fill projects.

While the litigation surrounding the Occupational Safety and Health Administration's (OSHA) vaccine and testing emergency temporary standard continues, employers should nevertheless be ready to implement these standards. Janelle Schlosser discusses what employers need to know for their implementation.

Some lawyers never experience a malpractice claim during their entire career; others are not as fortunate. Tom Watson provides tips to avoid becoming that "unfortunate" lawyer.

In the market for a new smartphone? James Pearson provides a handy comparison chart of the latest available smartphones to help with your purchase decision.

Deanne Koll wonders what it is about being a lawyer that drives us crazy in less hectic times.

That lawyers have a duty of candor to tribunals is clear, but, Dean Dietrich says, the contours of the obligation are not, especially when duties to clients seem more important.

Studying how the human brain works has helped scientists learn more about decision-making. Ralph Weber presents some findings and related tips that are especially relevant for lawyers.

The Wisconsin Law Foundation annually grants the Belle Case La Follette Awards to three recent law school graduates who represent underserved populations. Larry Martin says your contributions to the Foundation help make the awards possible.

Believing we won't experience negative consequences because of our actions – optimism bias – can be a two-edged sword. Cheryl Daniels thinks harnessing it can help us keep moving forward in tricky times.

With appropriate guidelines and oversight, parent coordinators can help resolve disputes between parents after divorce, quickly and cost effectively.

An in-house counsel herself, the author lists 10 things she has observed women lawyers don't know or do as in-house counsel that their male counterparts seem to do quite well, which, she postulates, has resulted in a widening of the gap between men and women.

A person is trafficked for labor when they are exploited for another’s financial gain through threat of force, fraud, or coercion. This article provides a current perspective on labor trafficking in Wisconsin, offering views from lawyers, survivor advocates, law enforcement, a survivor, and a policy expert.

Video gaming machines that allow players to preview the outcome of particular games are illegal gambling machines, the Wisconsin Court of Appeals District I has ruled.

Two retired Milwaukee police officers who were rehired by the city lost the right to begin receiving retirement benefits at age 57, the Wisconsin Court of Appeals has ruled.

Dec 28, 2021 – State law does not grant a municipality the right to file a writ of certiorari challenging a board of review’s property tax assessment, the Wisconsin Supreme Court has ruled.

Dec. 28, 2021 – The Wisconsin Court of Appeals has certified an appeal over a victims’ rights ballot measure adopted last year to the Wisconsin Supreme Court.

Dec. 28, 2021 – The decision of an administrative law judge (ALJ) that the Wisconsin Department of Natural Resources (DNR) failed to comply with state law in issuing permits for a frac sand facility was supported by substantial evidence, the Wisconsin Cou

Dec. 28, 2021 – A state appeals court has ruled that a trace amount of heroin found on a defendant provides a basis for the offense of narcotics possession, because a jury could have reasonably inferred from compelling circumstantial evidence of recent dr

A sentencing court is not bound by the mandatory minimum prison sentence if a defendant qualifies for safety-valve relief. Lee D. Schuchart discusses the provision and two recent cases that appear to disagree on whether “and” actually means “and.”

Dec. 23, 2021 – A man with a history of filing frivolous lawsuits gave up his right to sue in forma pauperis by violating the terms of a litigation bar order, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Placing visible restraints on a criminal defendant absent a determination that specific circumstances related to courtroom security or escape warrant it violates the Fourteenth Amendment, the U.S. Court of Appeals for Seventh Circuit has r

Dec. 21, 2021 – Sovereign immunity does not bar a lawsuit filed by environmental groups against the Wisconsin Public Services Commission (PSC) and two of its commissioners, the U.S. Court of Appeals for Seventh Circuit has ruled.

In this article from the Marquette University Law School Faculty Blog, David Strifling discusses real-time control (RTC) or “dynamic” stormwater management systems that can help reduce the magnitude of outflows during storms and relieving other stresses on our stormwater systems.

There are many free resources available for Wisconsin attorneys – but do you know what they are and where to find them? Amanda R. Mayer talks about free tools and websites that can give your legal research a boost.

The Wisconsin Supreme Court has issued an order, effective Jan. 1, 2022, establishing new continuing legal education (CLE) attendance and reporting requirements for lawyers who reactivate their State Bar of Wisconsin membership or who are

Parents with personal experience in the child welfare system can play a valuable role in many ways, including providing feedback and peer support. Heather Miller discusses how a lived experience voice is being incorporated in child welfare in Wisconsin.

The COVID-19 pandemic has impacted all aspects of business and commercial life – including leasing and subleasing office space. Joseph Mella discusses the new world of subleasing office space – and offers advice for lawyers who counsel would-be subtenants.

For nearly two years, health lawyers have been swamped with issues related to the COVID-19 pandemic. But the “new normal” means juggling those issues on top of more conventional ones. Amy Bradshaw highlights three recent non-COVID developments for her Wisconsin health law colleagues.

A medical records software company is not subject to statutory limits on fees for reproducing medical records, the Wisconsin Supreme Court has ruled.

It is important to maintain an ethical awareness when in the midst of mediation or legal negotiations, says James Mathie. He discusses ethics surveys of lawyers that have some surprising results, and provides several strategies to maintain your ethical awareness.

Wisconsin construction may soon need to comply with two different federal regulations aimed at combating COVID-19. Patrick Whiting summarizes the two new sets of rules affecting contractors with 100 or more employees and contractors entering federal contracts.

In 2020, the federal 340B Drug Pricing Program experienced an upheaval after some manufacturers cut the number of contract pharmacies obtaining drugs at a lower price and federal Health Resources and Services Administration Office of Pharmacy Affairs stepped up its enforcement authority. Richard Davis discusses the program, the surrounding litigation, and what’s next.

The current term of office of United States Magistrate Judge William E. Duffin in the Eastern District of Wisconsin is due to expire on March 27, 2022. The United States District Court is required by law to establish a panel of citizens to consider the reappointment of the magistrate judge to a new eight-year term.

A selection of recent Wisconsin case verdicts are shared below.

Is it a violation of ethical rules for a prosecutor to only listen to a represented defendant who wants to discuss the charges against him?

From providing tips to protect your firm from ransomware to answers to substantive law questions, the State Bar of Wisconsin's Practice411 elist offered useful practice information to its members in 2021.

As you determine your year-end giving, please consider supporting the Wisconsin Law Foundation. Your support, now more than ever, is critical to our ability to fund important programs and services across Wisconsin – and now, your donations could be doubled.

The new Ultimate Pass Bronze option from the State Bar of Wisconsin gives you access to unlimited PINNACLE webcast and audio seminars for one low cost. See the benefits of each Ultimate Pass plan below, and find out more about this new option.

B Corps claim to be the gold standard for good business practices with respect to social and environmental performance, accountability, and transparency. Maureen O’Leary discusses the details of B Corps and benefit corporations in Wisconsin.

Serving in a leadership position in a State Bar of Wisconsin division helps lawyers lead the profession and make connections throughout the state. Learn how to run for a leadership position in your division.

Marshall Gratz spent his entire legal career practicing labor law, working as both a lawyer and an arbitrator. He looks back at some of the changes in the field.

When Janis Puracal's brother was convicted on bogus drug trafficking charges, she was a newbie lawyer with no criminal law experience and didn't know much about forensic evidence. She shares her experience at the upcoming Forensic Justice Institute, Jan. 20-21, 2022.

A rule petition filed with the Wisconsin Supreme Court would allow juveniles to be shackled only where a court finds that shackles are necessary because the juvenile presents a threat of harm, has a history of disruptive courtroom behavior, or presents a flight risk.

As Wisconsin's legal community pressed on through the second year of the COVID-19 pandemic, they continued to produce top-notch content. Here's the top articles of 2021.

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.

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.

We want to hear from you! Post a comment, find us on social media, or send us your thoughts.

Looking to make a New Year's resolution? Kate Knowlton suggests volunteering with the State Bar of Wisconsin.

The Professional Ethics Committee discusses a lawyer's responsibilities when a client is a fugitive.

Julie Bonasso reminds that there's nothing wrong, and a lot right, with saying no to other people and yes to our own health and well-being.

Christopher Shattuck has gift ideas to make life easier while working or relaxing, promote health and wellness, or just to smile about, all without breaking the bank.

Judge Michael Aprahamian provides an update on the Commercial Docket Pilot Project since its inception in July 2017, including its expansion and current operations.

Emily Kelchen provides tips for writing in ways that attract the attention of search engines, readers, and new clients.

Personal attacks on social media might not subject the posting lawyer to professional discipline, but Dean Dietrich warns they can reflect poorly on the lawyer and on the legal community.

Justin Wallace explains what insurance bad faith is and provides tips to recognize "bad-faith" practices.

As an entity created by the Wisconsin Supreme Court, Larry Martin explains, the State Bar exists to serve three important audiences: the public, the court, and you, our members.

As we enter the gift-giving season, Cheryl Daniels asks you to consider making a gift to the Wisconsin Law Foundation to fund programs promoting greater understanding of the law and the administration of justice in Wisconsin.

The author reflects on lessons learned during an internship with the governor's legal counsel. People convicted of crimes are not lost causes, she learned, instead they can teach us all invaluable lessons.

This article reviews eight Wisconsin federal court decisions from 2021 interpreting Wisconsin law. The decisions touch on a variety of subjects, including tort law, advertising law, civil procedure, insurance law, contract law, corporate law, and intellectual property.

In its 2020-21 term, the Wisconsin Supreme Court's 31 civil law opinions touched on issues including voting, the 2020 elections, COVID-19 regulations, contracts, taxation, torts, eminent domain, and municipal law. The court's 21 criminal law opinions dealt with issues including the Second, Fourth, and Sixth Amendments, use of evidence at trial, guilty pleas, and chapter 980 commitments. Here is a summary of all supreme court decisions from last term.

Prosecution misstatements about the elements of operating while intoxicated (OWI) and the omission of a paragraph from a standard jury instruction violated a criminal defendant’s due process rights.

A statute that exempts aircraft repair services from the state’s sales tax does not allow a company to deduct from the amount of sales tax it collects on an aircraft lease the portion attributable to repairs

A man convicted on four counts of fleeing or eluding an officer after leading police on a high-speed chase is not entitled to have three of the convictions vacated on grounds of ineffective counsel, because the three convictions were not multiplicitous

Rescheduling a final hearing on an involuntary commitment resets the 48-hour deadline for filing a jury demand, the Wisconsin Supreme Court has ruled.

The State Bar's Board of Governors also supported a petition on court security, recognized the 2021 Wisconsin Legal Innovators, and heard remarks from Tim Samuelson, the new director of the Office of Lawyer Regulation.

The Legislature has been busy this fall, but much of the legislation of State Bar concern won't be fully addressed until the spring. Here's a recap of some of the bills of interest to State Bar members and Capitol watchers.

The Wisconsin Supreme Court will redraw the existing voter redistricting maps, enacted in 2011 and litigated all the way to the U.S. Supreme Court, only where necessary to fix malapportionment between districts caused by population changes reflected in the 2020 census.

Meet the 2022 State Bar of Wisconsin officer candidates who are nominees for State Bar president-elect, secretary, and Judicial Council representative. The candidates come from a wide variety of backgrounds and from across the state – get to know them before the election in April.

There are significant negative consequences from our unconscious assumptions. Lisa Derr provides seven steps to begin changing our unconscious bias and incorrect assumptions.

Private landowners may be asked to allow the public to use their land for snowmobiling and other recreational activities. Lindsey Kohls provides an overview of the protections for and risks to private landowners who let others engage in recreational activities on their property.

Four statutes authorize the recovery of attorney's fees for clients and lawyers in family law cases in Wisconsin. Karyn Gimbel Youso discusses the statutes, two of which apply generally to all civil cases and two that are specific to the family law statute.

Forensic Justice Institute presenter Dave Thompson discusses best practices for criminal interviews.

Pay your FY 23 Supreme Court assessments and State Bar dues over six months: Sign up by early January.

The State Bar of Wisconsin offers a health care insurance option for law firms with two or more employees. Learn how this option for law firms might cut costs of your 2022 coverage. To have coverage by Jan. 1, file your paperwork by Dec. 15.

Here's your chance to put your leadership skills into action – and gain valuable experience. Lawyers of all experience levels and backgrounds are welcome. Sign up to run for a 2022 State Bar Board of Governors' position – petitions are due March 1.

The State Bar of Wisconsin has received reports of a Business Email Compromise scam in which scammers impersonate members of the State Bar’s leadership team and request help in making financial transactions.

Neenah attorney Steve R. Sorenson is recipient of the Wisconsin Law Foundation's 2021 Charles L. Goldberg Distinguished Service Award, which recognizes a lifetime of service to the profession and the community. Find out more about Sorenson's legacy of service.

Lawyers encounter ethical issues every day in their practice. But what do you need to know about using electronic transactions? Don't miss Ethical Requirements for Processing ACH, Wire Transfers and Credit Card Payments from State Bar of Wisconsin PINNACLE® on Dec. 17, 2021.

Law librarian Carol Hassler guides you through some of the best resources for beginning your research into privacy laws.

A selection of recent Wisconsin case verdicts are shared below.

False and contaminated confessions, memory distrust and coercive police interviewing tactics can lead to false confessions and miscarriages of justice, according to speakers at the upcoming Forensic Justice Institute.

Until the pandemic’s effects are greatly alleviated, construction supply chains will likely remain ambivalent and unpredictable. Saul Glazer discusses what owners, contractors, and suppliers can do to address the pandemic’s impact on supply chains.

A recent Occupational Safety and Health Administration notice requires that employers mandate that their employees either obtain a COVID-19 vaccination or undergo periodic COVID tests. Tom O’Day and Bethesda Zewdie review whether employers will be required to pay for COVID testing for employees who are not vaccinated.

Many businesses and industries are attempting to keep their workplaces as safe as possible due to COVID-19, including making vaccination a condition of employment.

We are grateful to you, all of our members, who are collectively the State Bar of Wisconsin, proud and dedicated to delivering valued professional services to a dynamic and diverse society and promoting access to justice.

Wisconsin law does not restrict a circuit court’s award of restitution for reasonable repair cost to the value of the property.

A man who served nearly 12 years in prison out-of-state after being sentenced in Wisconsin is not entitled to have that time credited against his Wisconsin sentences because it was not connected to the conduct underlying the Wisconsin sentences, the Wisconsin Supreme Court has ruled.

Legislation proposed in Wisconsin's Assembly and Senate can have an unexpected impact on your clients' payable on death (POD) designations. Jeff Goldman discusses the proposed bills, what that may mean for your clients' estate plans, and how to avoid unforeseen results.

Nine recent Wisconsin Court of Appeals cases discuss insurance coverage. Monte Weiss and Kristen Scheuerman provide a summary of the cases.

To offer securities or investment advice, broker-dealer agents have long been subject to continuing education requirements, but investment adviser representatives are not. That could change in 2022 or 2023. Deborah Fabritz discusses proposed educational requirements for investment adviser representatives.

The Fourth Amendment did not bar the admission of evidence discovered by a police officer who saw a dead body inside a garage after the garage owner called 911 to report a possible homicide.

State law does not allow the Town of Mentor to intervene as a matter of right in a case concerning the placement of a sexually violent person inside its boundaries, the Court of Appeals District IV has ruled.

A recent interim final rule from the Centers for Medicare & Medicaid Services requires health care providers and suppliers to establish COVID-19 vaccination requirements for all covered staff – and the vaccination deadline is fast approaching. John Rubin provides an overview of the rule, its required provisions, and the penalties.

As you determine your year-end giving, please consider supporting the Wisconsin Law Foundation.

At its Dec. 3 meeting, the State Bar of Wisconsin's Board of Governors may take action on two petitions currently pending before the Wisconsin Supreme Court, one related to the "location of courts" and another on juvenile shackling.

Do you know someone deserving of recognition for their work in the profession or their community? The State Bar of Wisconsin is seeking nominations for jurist, lawyer, legal worker, and other awards – nomination deadline is Jan. 31, 2022.

Three members of the Business Court Advisory Committee – Marinette County Circuit Court Judge James Morrison, Waukesha County Circuit Court Judge Michael Aprahamian, and Laura Brenner, a business litigator at Reinhart Boerner Van Dueren S.C. – provided an update about the Commercial Docket Pilot Project.

A petition filed with the Wisconsin Supreme Court would create a permanent rule for remote depositions.

A recent poll shows that the top reasons students enter law school are for a career in politics, government, or public service – yet only a small fraction of them become public interest lawyers. Jacob Haller discusses the reasons why, and offers a suggestion that can make a difference.

A selection of recent Wisconsin case verdicts are shared below.

Your client has a warrant, and doesn’t want to surrender. You are in communication with the client and know their location - what are your responsibilities?

High school students will tackle the difficult issues presented in a disability rights case during the 2022 Wisconsin High School Mock Trial competition.

From Africa to prisons to the U.W. Athletic Office, Walter Dickey discusses his wild ride.

A current bill in the Wisconsin Legislature proposes a list of requirements and training that a potential guardian must go through before taking guardianship. Alexandra Evans discusses the requirements and their potential consequences for wards and guardians.

The Council of Environmental Quality (CEQ) proposed to restore the full breadth of reasonably foreseeable effects to be examined under the National Environmental Policy Act pursuant to the Biden Administration policy on climate resilience and environmental justice into the definitions of effects to accomplish the policies of the Biden Administration.

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 discipline summaries for educational purposes.

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.

Emil Ovbiagele warns that full-time remote work policies might have unintended consequences on the long-term career development and well-being of new lawyers.

For lawyers, being perceived as an expert enhances their ability to attract clients and referrals. It may also accelerate promotion within a law firm. But expertise and thought leadership are not the same thing. Teddy Snyder breaks it down.

As the end of the London Interbank Offered Rate draws near, market participants should consider available alternative reference rates. The Bloomberg Short-Term Bank Yield Index (BSBY) is emerging as a contender. Patricia Lane, Louis Wahl IV, and Corrie Osborne discuss two possible replacements: the Secured Overnight Financing Rate and BSBY.

Feeling the urge to clean up your shelves or your computer? Tom Watson says make sure to keep file-retention guidelines in mind when handling client files.

James Pearson reviews five apps that will speed up routine business-management tasks, so you can focus your time and effort on clients' cases.

As technology continues to evolve, Dean Dietrich says lawyers need not be computer experts, but they must understand the fundamentals of that technology, particularly regarding security.

As public sector labor and employment lawyers Timothy Hawks and Barbara Quindel prepare for retirement, Summer Murshid asks them about their careers, and what they wish they had known "back then."

"Victory" in a case in which one party is ordered to pay another isn't complete until the money changes hands. Teresa Kobelt provides tips for helping clients collect on money judgments.

Larry Martin says the State Bar's presence in Kenosha in September highlighted its commitment to combating racial injustice while promoting equal justice, diversity, and inclusion.

Cheryl Daniels says the State Bar's Advocacy Network connects you with your representatives and allows you to easily communicate your messages to them.

Lawyers representing job applicants, employees, or employers in workplace-accommodation claims brought under federal or Wisconsin law need to understand the elements plaintiffs must prove to prevail in claims alleging an employer failed to accommodate an applicant's or employee's disability.

The DTSA has provided trade secret owners with a federal private cause of action and enhanced protections that reach beyond state lines. Still, it has fallen short on its promise of national uniformity. This progress report examines whether the DTSA has lived up to its proponents’ aspirations and how it has affected trade secret litigation nationally and in Wisconsin.

An action to compel a school district to turn over applications for a vacant school board position and applicants’ personal information will go forward under an opinion issued by the Wisconsin Court of Appeals District II last week.

What ethical limitations apply to a lawyer advocating systemic reforms? Chuck Stertz discusses the intersection of two aspects of the Supreme Court Rules of professional conduct: that they encourage attorneys’ active participation in efforts to improve the law and legal profession, while also requiring attorneys to zealously advocate for their clients and maintain client confidentiality.

A man who spent three years in jail awaiting trial and sentencing on armed robbery charges after his probation was revoked is entitled to 1,258 days’ credit against the armed robbery sentences, the Wisconsin Court of Appeals District III has ruled.

The ultimate hammer in the contractor’s bucket is to stop work. For the owner, it is to bar a contractor from a job. But there are significant potential downsides to taking such actions. Jim Dash identifies the risks of terminating a contract from either side.

A trial judge committed legal error when she sentenced a man to a five-year prison term for attempted robbery with threat of force without considering the gravity of the offense.

During her State of the Judiciary yesterday (Nov. 3), Wisconsin Supreme Court Chief Justice Annette Ziegler said the state’s justice system will build upon innovations forced by the pandemic to become more efficient.

The increasing numbers of pumpkin patches, corn mazes, hay rides, and petting zoos prove that agritourism and other farm operations are growing in popularity. Matthew Beier explores liability concerns and protections for Wisconsin farmers who invite the public onto their property.

Ronald Westgate has run Wisconsin Judicare' s mediation program since its inception. The program offers services to people facing small-claims actions and evictions actions, as well as those subject to court-ordered mediations.

A selection of recent Wisconsin case verdicts are shared below.

Have you written a song, or do you know a neighborhood band, or are you interested in getting to know copyright law? Here's how to gain a clear, comprehensive understanding of music copyright law (while you listen to some great Fab Four songs!).

A federal judge in California last week gave preliminary approval to a national $85 million agreement to settle lawsuits filed against Zoom Video Communications.

Rebeca M. López is vice president of the Wisconsin Hispanic Lawyers Association, an organization that boosts the careers of Latinx lawyers across Wisconsin. Find out more about López and the WHLA.

A man’s conviction on a charge of second-degree reckless homicide means that his homeowner’s insurance policy did not cover the death of his victim, the Wisconsin Court of Appeals District III has ruled.

Plans for a statue of the Hon. Vel Phillips, one of Wisconsin’s most prominent and influential attorneys over the last 100 years, moved a step closer to reality today with a combined $25,000 donation from the State Bar of Wisconsin and the Wisconsin Law Foundation.

For the second year in a row, meeting the challenges posed by the virtual practice of law was the main topic of discussion at the Wisconsin Solo and Small Firm Conference hosted by the State Bar.

Meet these risk takers who are advancing the legal profession and serving the public with perseverance, creative thinking, and big ideas in a year of unusual events. This year we honor Lifetime Innovator Keith Findley and other lawyers whose innovations focus on criminal law, health equity, and a legal app.

Several proposed bills would significantly affect family law practice in Wisconsin. Emily Tercilla provides a brief overview of these legislative bills and their anticipated impact.

A man convicted on four felonies, two dismissed post-conviction on claims of ineffective assistance of counsel, can now pursue legal malpractice claims against his former defense lawyer for negligence as to two of the charges.

The Business Law Section of the State Bar supports legislation that can keep Wisconsin's business climate competitive and innovative.

A recent National Labor Relations Board announcement updated guidance on whether student athletes at academic institutions are considered employees with the right to organize. John Rubin discusses the new guidance and gives practical suggestions for academic institutions in light of the announcement.

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

When one family unit becomes two, differing opinions on appropriate use of social media can arise. Ashleigh Hacker discusses the rise of “sharenting” and considerations for divorce attorneys in negotiating parental agreements.

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.