News & Pubs Archives

Welcome to 56 new Wisconsin lawyers, most of whom passed the Wisconsin Bar Exam in July 2023. Some are just beginning their careers in law, and others are finding new opportunities in Wisconsin. Congratulations!

The 60-day deadline for ruling on a defendant’s answer to a forfeiture complaint begins to run only after the defendant has been convicted of a charge that was the basis for the forfeiture, the Wisconsin Court of Appeals has ruled.

The Wisconsin Court of Appeals has ruled on public policy grounds that a hospital cannot be liable for a nurse’s alleged administration of medication to a patient before the patient gave informed consent.

A criminal defendant failed to show that a detective and a prosecutor violated a clearly established constitutional right by excluding from the complaint details that implicated the victim’s credibility, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A town ordinance that prohibits registered sex offenders from living within 1.25 miles of locations where children gather does not violate the U.S. Constitution’s Ex Post Facto clause, the U.S. Court of Appeals for the Seventh Circuit has ruled.

State law authorizes a city to charge municipalities a monthly license fee for sewage treatment services, the Wisconsin Court of Appeals has ruled.

Plaintiffs whose driver’s license numbers were disclosed by an insurance company’s website lacked standing to bring a lawsuit under the Driver’s Privacy Protection Act, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The State Bar's Board of Governors recently authorized the Appellate Practice Section to oppose, on its own behalf, a rules petition to the Wisconsin Supreme Court that would make it easier for an appellate court to stay a circuit court decision that it determines it would likely reverse.

In a recent decision, the National Labor Relations Board made it easier for unions to establish majority support without conducting a Board-supervised secret-ballot election. Peter L. Albrecht discusses the NLRB’s decision in Cemex Construction Materials.

As important to the the practice as it is to lawmaking, the Uniform Law Commission probably doesn't get enough attention or credit for its role in standardizing law across the United States.

The Supplemental Security Income program has the strictest asset limits of any federal program, keeping recipients below the poverty line and unable to cover basic living expenses. Kelsey Brown discusses the limitations the program puts on recipients, andsuggests how the program may be improved to better help its recipients.

Lauren Raupp, a 2013 graduate of Marquette University Law School, is a partner at MacGillis Wiemer LLC, based in Wauwatosa. The Wisconsin Association for Justice named her the top young trial lawyer of 2022. Raupp discusses her path to the courtroom, and the keys to her success over the last decade.

A selection of recent Wisconsin case verdicts are shared below.

It's not easy for small businesses to succeed. You can set your clients' businesses up for success from the start by drafting operating agreements to help them weather potential breakups and more.

The annual Wisconsin Solo & Small Firm Conference, Oct. 19-21 in Wisconsin Dells, is a great opportunity for lawyers to discuss the challenges and opportunities they face.

The standard issued by the National Labor Relations Board last month shifts the focus on work rules from employer to employee.

The benefits you gain will be substantial, says State Bar President-elect Jane Bucher, who encourages members to run for a State Bar officer or Board of Governors position.

In addition to boosting your practice, being a mentor or mentee with the State Bar's Ready. Set. Practice. program helps forge long-lasting relationships among colleagues. Sign up by Oct. 15 for the 2024 program.

A competition inspired by the tech sector aims to spark ideas to boost diversity at Wisconsin law firms.

While verbal agricultural leases are legal and common in Wisconsin, there are distinct advantage to written leases. Carrie Werle discusses both lease types and why agricultural landowners should use written leases for their tenants.

Ensuring that downstream contractors and suppliers have adequate insurance coverage is a crucial aspect of risk management in the construction industry. Brendan Bush outlines steps construction companies should take to ensure proper insurance coverage fortheir downstream partners.

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.

The applicable statute of limitations bars a claim for negligent road maintenance that a bicyclist filed against the Town of Cedarburg, the Wisconsin Court of Appeals has ruled.

Judge Michael Fitzpatrick says speaking and behaving politely, in the office or courtroom or any other setting, is a foundation for success for lawyers and judges.

This article, focusing on Wisconsin's two constitutional conventions, is the third in a short series by the Hon. Hannah Dugan honoring the 175th anniversary of Wisconsin's admission as the 30th state in the United States on May 29, 1848.

An airplane insurance policy authorized an insurer to deny coverage because the pilot didn’t have a medical certificate from the Federal Aviation Administration when he crashed, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Making the leap from big-city practice to small-town practice can be scary, and self-doubt might ensue. But Stefanie Wagner says, "give it a chance." You'll be surprised at how not alone you are.

An inmate’s claim that a prison security official violated the inmate’s due process rights by improperly influencing the official adjudicating charges against him should have survived summary judgment, the U.S. Court of Appeals for the Seventh Circuit hasruled.

The State Bar of Wisconsin Professional Ethics Committee has issued Opinion EF-23-01, discussing whether and how lawyers might ethically respond to criticism posted in online forums.

Advances in technology make it easier to communicate from everywhere. Stacie Rosenzweig offers tips to prevent exposing confidential client information to unintended audiences.

Larry Martin sees the rule of law as an unwavering beacon, one that lawyers and bar associations should always rely on for direction and guidance.

Dean Dietrich’s monthly columns will focus on the importance of lawyer wellness and of dealing with others in a civil and professional manner.

The author discusses a few of the most significant Wisconsin cases in which the supreme court has grappled with the liability or immunity rule, distinctions between governmental entities and governmental employees, and discretionary versus ministerial duties.

The author reviews six significant Wisconsin federal court decisions from 2023 interpreting Wisconsin law. The decisions touch on a variety of subjects: personal jurisdiction, legal causation, bad faith, claim preclusion, contractual liability limitations, and exclusive remedies.

Members of the State Bar successfully worked together to make change happen at the Capitol this legislative cycle. Learn how easy it is to become an advocate yourself.

The court issued fewer 4-3 decisions but decided major issues during the 2022-23 term. As the court opens its 2023-24 term in September, we look back at the 45 substantive decisions issued in the 2022-23 term and ask a civil litigator and a former public defender for their insights.

A selection of recent Wisconsin case verdicts are shared below.

Gain and share your practice insights with colleagues at the Wisconsin Solo and Small Firm Conference. Reserve your spot now for the best rates, and join us in Wisconsin Dells in October.

How can attorneys know if their digital presence online and on social media is performing? Lindsay Marty, a legal marketing expert, shares what lawyers and law firms need to know about business analytics.

To commemorate Constitution Day and Citizenship Day on Sept. 17, this article examines the U.S. Supreme Court's landmark First Amendment case, New York Times Co. v. Sullivan.

This article discusses recent caselaw developments related to the Wisconsin Fair Dealership Law.

Insurance law is a vast and complex field. Find out the essential resources from law librarian Jenny Zook.

Kelli Thompson, Wisconsin’s State Public Defender for the last 12 years, recently announced that she is stepping down from the agency, effective Oct 9, 2023.

The Tailored Dispositional Orders Project is being led by the Children’s Court Improvement Program (CCIP) and the Department of Children and Families (DCF) and aims to improve outcomes for CHIPS and Youth Justice cases. The project is now being expanded statewide.

An insurer for a company that allegedly damaged a dairy herd by substituting a feed mix component is not entitled to summary judgment because the substitution was not accidental, the Wisconsin Court of Appeals has ruled.

A circuit court properly entered a default judgment against a county zoning board of appeals that failed to respond to a complaint seeking an order granting a writ of certiorari, the Wisconsin Court of Appeals has ruled.

The Wisconsin Court of Appeals has ruled that a statute that prohibits misleading advertising is not limited to advertisements made to Wisconsin residents.

Lawyers who serve as guardians ad litem often work with children with disabilities in the child welfare system. Jennifer Lehner analyzes strategies to improve outcomes for these children and their families and help GALs to better act in the child’s bestinterest.

Recent changes to the State Bar of Wisconsin’s email security system to protect against spam and fraud may be causing the delay or rejection of emails sent to State Bar email addresses. Members and the public must update their email security settings to ensure emails are recognized as coming from a valid source.

The work-from-home revolution has proven it is here to stay. Brandon Jubelirer discusses how the Wisconsin Worker’s Compensation Act approaches compensability for at-home work injuries.

As tension hangs over the fall session of Wisconsin's legislature, these are the issues that the State Bar and its practice sections will be monitoring.

A man who died unloading a trailer was operating a motor vehicle, and the two-year statute of limitations applied to a wrongful death lawsuit filed by his estate, the Wisconsin Court of Appeals has ruled.

In light of the recent U.S. Supreme Court decision in 'Sackett v. EPA,' the landscape of wetland protections in Wisconsin has changed. Rebecca Wiebke explores the ramifications of the Sackett ruling on Wisconsin's wetlands.

The Wisconsin Bar Stewardship Trust has been created to protect certain assets of the State Bar of Wisconsin by placing these assets in a Trust subject to control by selected Trustees and Trust Protectors.

Interested in finding out how AI can boost your practice? Attend Artificial Intelligence for Senior Lawyers, a webcast seminar from State Bar of Wisconsin PINNACLE and the State Bar Senior Lawyers Division.

How do you make sure your practice management is working well for your law firm? Get answers at the Wisconsin Solo & Small Firm Conference, returning to the Kalahari Resort in Wisconsin Dells in October. Reserve your spot now for the best rates.

The warrantless seizure of a man on his front porch on suspicion that he’d been involved in a hit-and-run collision violated the Fourth Amendment’s warrant requirement, the Wisconsin Court of Appeals District IV has ruled.

Free speech and transgender rights are only two of the issues that keep school law practitioners busy these days.

A suspect who said “So, y’all can get a public pretender now?” during a police interrogation did not unequivocally invoke his Fifth Amendment right to counsel and is not entitled to habeas corpus relief, the U.S. Court of Appeals for the Seventh Circuit has ruled.

An attorney who wrote a book about a 2005 murder that his client was convicted of committing has successfully defended a defamation claim brought by the client’s husband, under a decision issued by the Wisconsin Court of Appeals.

A selection of recent Wisconsin case verdicts are shared below.

As of July 1, 2023, lawyers can now accept credit card and electronic payments. A free CLE program from the Office of Lawyer Regulation helps you learn more about the trust account amendments to SCR 20:1.15 and trust account management generally. Register by Sept. 18, 2023.

Joining the American Bar Association can significantly boost your career. James Casey talks about why he maintains his membership.

One of the biggest differences between clients from different generations is their communications preferences, says Alexis Gaurz, a young lawyer. Garuz shares lessons learned. She will present on the topic at the upcoming State Bar of Wisconsin Solo & Small-firm Conference (WSSFC).

If there is serious doubt about an opposing party’s competence, attorneys should protect their client by filing a motion and bringing the issue of incompetence before the circuit court, writes Comm. Barry Boline. Learn more about the procedure andand applicable statutes.

When a person possesses two or more characteristics that together result in discrimination, that is intersectional discrimination. Scott Small discusses intersectional discrimination theory and how it applies to claims under the Wisconsin Fair Employment Act.

With COVID-19 Form I-9 flexibilities now ended, employers must physically inspect all I-9 documents that had been remotely inspected during the pandemic. Samantha Bethel details how in-person Form I-9 inspections should be handled.

Recent decisions on race-based criteria for college admissions indicate how the U.S. Supreme Court may interpret similar provisions under Title VII of the Civil Rights Act of 1964. Clyde Tinnen details the decisions and advises businesses to review the compliance of their diversity, equity, and inclusion initiatives with Title VII.

Your clients’ planning goals are affected by their unique cultural histories and circumstances – are you asking the questions that allow you to best serve them? Iris Christenson discusses the considerations for elder law and health law attorneys to gain multicultural competence.

A recent appeals court decision addresses how much notice an employer must receive from an employee before initiating the reasonable accommodation process. Storm B. Larson, Jennifer S. Mirus, Douglas E. Witte, Brian P. Goodman discuss the decision andimplications for employers.

A felon who found himself mistakenly in possession of a firearm was not entitled to present an innocent possession defense because he didn’t immediately seek to return the firearm to the police, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A police officer’s complaints about his new chief, aired before a city’s police and fire commission, were made in his public capacity and as such were not protected by the First Amendment, the U.S. Court of Appeals for the Seventh Circuit has ruled.

An invasion of privacy claim brought by a union member against his employer in state court is preempted by federal law, the Wisconsin Court of Appeals has ruled.

Improperly classifying workers exposes an employer to significant fines and penalties. When the National Labor Relations Board's (NLRB) standards for classifying workers changes frequently, how can you keep on top of the latest rulings?

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

The Wisconsin Client Protection Fund helps victims of lawyer theft and misconduct. In 2022-23, the Wisconsin Lawyers' Fund for Client Protection Committee reimbursed more than $286K to eight victims of lawyer theft over the past year.

"Systemic change begins with relationships," says Dr. Alexander Gee, president and founder of The Center for Black Excellence and Culture and The Nehemiah Center for Urban Leadership Development in Madison.

Legal Action of Wisconsin filed a rule petition asking the court to amend SCR 72.01(8), 72.01(9), and 72.01(10) to shorten the record retention period for eviction cases in which no money judgment is entered to one year.

A selection of recent Wisconsin case verdicts are shared below.

The Digital Publication of Tribal Laws Pilot Project addresses a vital need for improved public access to tribal laws. Find out more about the project and the need for greater access to American Indian tribal laws.

A probate case can be confusing and intimidating to those encountering the court system for the first time. Law librarian Carol Hassler discusses the resources that can help you guide your client through the probate process.

Want to boost your skills and become a leader? Learn how at the State Bar of Wisconsin G. Lane Ware Leadership Academy. Applications are accepted through Sept. 11, 2023.

The State Bar's Diversity Clerkship Program offers law students the opportunity to experience what it is like to work as an attorney. Join us in congratulating the employers and clerks who participated this year.

A recent Wisconsin Supreme Court decision highlights the hurdles wrongfully imprisoned persons face in obtaining meaningful compensation in Wisconsin.

A non-profit organization founded to support the DNR in its activities related to a state park has both capacity and standing the sue the agency, the Wisconsin Court of Appeals has ruled.

The proposed H.R. 7213 bill and 2021 Wisconsin Act 98 expands provider status for pharmacists. Alexandra Guzek discusses the benefits and possible impact on pharmacists and communities.

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.

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

To Kimberley Motley, Independence Day is a day to appreciate who we are as a nation but also a day to reflect on who we should be.

This article, focusing on Wisconsin's "Enabling Act," is the second in a short series honoring the 175th anniversary of Wisconsin's admission as the 30th state in the United States on May 29, 1848. Watch for future articles by the Hon. Hannah Dugan.

Advances in generative AI technology have many attorneys questioning how the legal field will survive. The solution, says John Fuller, is to embrace it.

The updated free self-assessment tool gives Wisconsin lawyers, especially those practicing in smaller firms, a meaningful way to improve their operations, manage risk, and increase client satisfaction.

Julie Bonasso provides strategies all lawyers can use to increase their productivity and find time to do the things most important to them.

Lawyers who use artificial intelligence to write work-related documents must oversee the process and review the results.

Larry Martin reports that there is good news in our efforts to address what has been a chronic funding crisis in Wisconsin's criminal justice system.

The Wisconsin Statutes provide that the governor can remove district attorneys "for cause." But the definition of "for cause" is not clear. The author suggests an answer to the question of the breadth of the governor's removal powers.

Many of our members have had questions and comments about the wisdom of creating a Special Purpose Trust. I want to take this opportunity to address and answer some of those questions in the hope that you will better understand why creating a Special Purpose Trust is a positive step to protect the future financial security of the State Bar as a member organization.

Few people interact with the legal system unless they have experienced some type of traumatic event. To provide trauma-informed service to people involved in the justice system, lawyers must recognize trauma's existence and symptoms, be present, offer choices, and share knowledge.

As State Bar president, Dean Dietrich also plans to focus on inclusion and addressing legal deserts in greater Wisconsin.

Two recently enacted federal laws, the Pregnant Workers Fairness Act and the PUMP Act, provide greater protections in the form of accommodations to pregnant women and new mothers in workplaces.

A ban on non-compete agreements would mean big changes for employment law attorneys and their clients.

On June 9, 2021, the State Bar Board of Governors approved bylaw amendments to Article VI Section Organization and Activities.

On March 22, 2022, the State Bar of Wisconsin filed a rule petition asking the court to amend SCR 31.02(5) & (6) to create a new specialty continuing legal education credit that would be called the "Diversity, Equity, Inclusion, and Access" (DEIA) credit.

On March 23, 2022, the State Bar Standing Committee on Professional Ethics filed a rule petition asking the court to amend SCR 20:8.4(i) and replace the existing language with ABA Model Rule 8.4(g).

A selection of recent Wisconsin case verdicts are shared below.

Take 10 minutes to let the Wisconsin Supreme Court's Planning and Policy Advisory Committee (PPAC) know what you think about critical issues within the court system.

A former client made false claims about my representation in a critical review online. I'm worried about what it may do to my reputation. How can I respond?

Five years after her death in 2018, a jury settled a family dispute over the estate of renowned singer Aretha Franklin. It's another reminder that adding estate planning to your practice can help families avoid conflicts following the death of a loved one.

Are you a new lawyer who works with underserved people 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 access to legal services. Apply by Sept. 8.

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 2023 John Lederer Service Award. Nominations are due Sept. 8.

The Wisconsin Solo and Small Firm Conference is returning to the Kalahari Resort in Wisconsin Dells in October. Reserve your spot now for the best rates.

To give your client the best chance to win on appeal, attorneys must work to ensure that the court record is clear, says Wisconsin Appeals Court Judge Mary Lazar.

Business succession planning is an essential part of ensuring any business’s continuity for the next generation. Curtis Walther and Thomas Moniz discuss the benefits of using life insurance planning as part of a succession plan.

A circuit court told a parent the wrong evidentiary standard it would use in deciding whether to terminate his parental rights, but that was not grounds for allowing the parent to withdraw his no contest plea, a divided Wisconsin Supreme Court has held.

A transportation utility fee (TUF) charged to property owners by a town is a property tax subject to the state’s municipal levy limit, the Wisconsin Supreme Court has unanimously ruled.

A 2022 decision that held a request for a jury trial in a commitment proceeding is timely if made at least 48 hours before the date of the actual, rather than the scheduled proceeding, applies retroactively, the Wisconsin Supreme Court has ruled.

A trial court did not err by declaring a mistrial when defense counsel introduced third-party perpetrator evidence without first notifying the state, the Wisconsin Supreme Court has ruled.

The Wisconsin Supreme Court has ruled that a circuit court did not err by denying a motion for a mistrial where, after a ruling that a defendant’s prior conviction was inadmissible, a witness stated that he’d “looked at CCAP.”

Police officers who detected an odor of marijuana coming from a vehicle but not specifically from its driver had probable cause to arrest and search the driver.

A property owner seeking to appeal a special assessment failed to properly serve a notice of appeal on the village because it failed to serve the village clerk, the Wisconsin Supreme Court has ruled.

Wisconsin's biennial budget was signed into law by Governor Evers in mid-July after several line item vetoes. The final budget will include sorely needed criminal justice funding increases.

The Center for Medicaid & Medicare Services (CMS) recently published a proposed rule with the goal of increasing transparency between nursing homes and consumers. Denisha Renovales breaks down the proposed rule and how it could impact nursing homes.

Does the agricultural tourism immunity protect farms operating as a wedding venue? Last month, we explored arguments for the plaintiff. In this second part, Pamela Schmidt presents arguments for the defense.

During trial, attorneys must focus on making a clear and concise record in the court for success in both trial and appellate courts. Nicholas Watt offers five tips on making an effective record during court proceedings.

In Wisconsin, juveniles at age 17 are subject to adult criminal charges. Matthew Kline delves into the challenges a 17-year-old faces in adult court as opposed to the juvenile justice system.

The National Labor Relations Board has issued a decision making it more difficult for employers to discipline employees for outbursts and similar misconduct while employees are engaged in protected concerted activity under Section 7 of the National Labor Relations Act.

A second prosecution for alleged acts that were the subject of a previous trial that ended in a mistrial did not place a defendant in double jeopardy, the Wisconsin Supreme Court has ruled, because several charges in the second prosecution involved differ

Answering whether an accident caused damage to another’s property is not appropriate in determining whether the damage is covered by a commercial general liability (CGL) insurance policy, the Wisconsin Supreme Court has ruled.

A circuit court must clarify whether an order imposing a probation condition is consistent with state law that authorizes a circuit court to modify such a condition, the Wisconsin Supreme Court has held.

A criminal defendant is entitled to a sentence credit for time served on a related charge that is dismissed but read in at his or her sentencing, the Wisconsin Supreme Court has ruled in State v. Fermanich.

A court may terminate the parental rights of a person convicted of neglect of a child resulting in death, as a party to the crime, if the person directly committed the crime, the Wisconsin Court of Appeals has ruled.

Recent campaigns by politicians and lawmakers assert that gender-affirming care for transgender children constitutes child abuse. Law student Monika Allis discusses the scientific research and studies that say just the opposite.

Turning 18 marks a new stage of life for many young people, complete with new legal rights, privileges, and responsibilities. This brief guide helps young people and parents to navigate this exciting new landscape.

A circuit court did not err by admitting evidence that the plaintiffs had previously settled with two other defendants in a legal malpractice case, the Wisconsin Supreme Court has ruled.

More than 500 people recently attended the State Bar of Wisconsin’s Annual Meeting and Conference (AMC) at the Pfister Hotel in Milwaukee, including around 400 members and a record-setting number of state and federal judges.

Dean Dietrich's term as president of the State Bar of Wisconsin will cap a career marked by service to the state’s legal community.

The State Bar's Board of Governors voted to approve the creation of a special purpose trust to hold certain reserve assets, among other actions at its June 14 meeting in Milwaukee.

The Wisconsin Supreme Court has overruled a 30-year-old Wisconsin Court of Appeals decision that granted criminal defendants the right to seek in camera review of a victim’s medical records.

A criminal defendant is not entitled to withdraw his plea solely because multiple penalty enhancers were improperly applied to the charges against him, the Wisconsin Court of Appeals District I has ruled in State v. Hailes.

The Wisconsin Supreme Court has reversed a Wisconsin Court of Appeals opinion affirming an involuntary medication order issued based on a psychologist’s testimony.

The admission of hearsay evidence that the defendant had participated in a drug buy was harmless error given the overwhelming quantity of the rest of the state’s evidence, the Wisconsin Supreme Court has ruled (7-0) in State v. Barnes.

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

August is a great time for CLE events, networking, and relaxation – now is the time to save your seat for these CLE workshops: the Family Law Workshop and Indian Law CLE.

Jeunesse Rutledge is president of the Association for Women Lawyers, an organization that boosts the careers of women lawyers in Wisconsin.

When you practice in two separate jurisdictions that have different trust account rules, do you need to use separate trust accounts to comply with the different rules?

AI-generated deepfake content is already being used in political campaigns, and is starting to have an impact on various areas of law – and potentially on your client’s case. How can you find out how to recognize its use?

Digital recording has become essential to one of the judicial branch’s core functions: producing accurate court records.

This order addresses the requirements for the filing and service of documents in "judicial/attorney proceedings," defined infra, before the Wisconsin Supreme Court, following the implementation of mandatory eFiling for all other cases, as set forth in S. Ct. Order 19-02C & 20-07C, 2023 WI 10 (issued Feb. 21, 2023, eff. Apr. 1, 2023), and the corresponding Second Amended Revised Interim Rule.

Overwhelmed with anxiety and depression, Peter J. Carman for a time considered quitting legal practice. A call to the State Bar's Wisconsin Lawyers Assistance Program (WisLAP) changed that.

A selection of recent Wisconsin case verdicts are shared below.

It can be overwhelming to try to keep up with every legislative development happening in Madison. This article gives the prospective Capitol watcher several helpful tips and links to make observing and taking action a breeze.

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).

Want to review a book? Request one from us!

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

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

Peter Tempelis says inadequate funding of Wisconsin's criminal justice system jeopardizes homicide prevention efforts.

Blogs selected for this column are published through the State Bar of Wisconsin's section blogs and WisLawNOW, the State Bar's aggregated community of Wisconsin legal bloggers.

This article, focusing on the creation of the state of Wisconsin, is the first in a short series honoring the 175th anniversary of Wisconsin's admission as the 30th state in the U.S. on May 29, 1848. Watch for future articles by the Hon. Hannah Dugan.

U.S. Sens. Ron Johnson (R-Wis.) and Tammy Baldwin (D-Wis.) have agreed to recommend to the White House two candidates for consideration to fill a vacancy on the U.S. District Court of the Eastern District of Wisconsin.

The Wisconsin Equal Justice Fund supports three organizations that provide direct civil legal services to people in need. Marta Meyers explains.

To use social media safely (that is, not violate ethics rules), Dean Dietrich says lawyers must focus on preserving client confidentiality and not making misleading statements.

WILMIC's recent experience demonstrates that the risk of a malpractice claim arising out of transactional work is significantly higher than in litigation – especially in estate planning. Matt Beier explains.

Starting July 1, 2023, e-filing will be mandatory for attorneys in nearly all types of matters filed in the Wisconsin Supreme Court. Court commissioners David Runke and Timothy Barber explain what you need to know.

State Bar of Wisconsin members and staff play essential roles in their communities by volunteering in a variety of ways. Larry Martin provides a few examples of staff volunteers.

A selection of recent Wisconsin case verdicts are shared below.

Margaret Hickey encourages members to learn about the many ways the State Bar assists attorneys to improve law practice and the justice system.

Justice Patience Roggensack will retire from the Wisconsin Supreme Court on July 31. Legal writer Jeff Brown spoke with her about her tenure and legal career.

Developing cultural competency is crucial to providing effective counsel to domestic and international businesses. The needs of specific businesses and their stakeholders are informed by their culture(s). Here are tips to develop their cultural competency and emotional intelligence.

Rocket Matter, practice management software built for legal professionals, is now in partnership with the State Bar of Wisconsin. Learn more about this software and the discount offered for users who are State Bar members.

The 17th annual Intellectual Property Academy is July 20-21 in the Lake Geneva area. Register soon for the best price – the early-bird discount expires Friday, Jun 9, 2023.

On March 30, 2023, the Wisconsin Supreme Court amended the lawyer trust account rule, SCR 20:1.15, removing prohibitions on electronic transactions and providing lawyers greater flexibility in handling client funds. The newly amended SCR 20:1.15 becomes effective July 1, 2023, and represents a major change in the regulation of lawyer trust accounts in Wisconsin.

The U.S. Supreme Court has decided 34 cases this term, but the Court has not yet issued decisions in 25 cases heard in oral argument.

On April 26, 2023, James C. Ritland filed a petition to reinstate his Wisconsin law license.

Employment discrimination complaints may be covered under state and federal law, and potentially even local provisions. Law librarian Elana Olson discusses the resources that serve as a guide when researching the law of employment discrimination.

With the summer months at hand, children as well as adults are both working and enjoying life on farms in Wisconsin. Eliza Reyes explores resources that can help children stay safe when working and living on a farm.

Thanks to donations from State Bar of Wisconsin 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.

What types of ethical pitfalls should young lawyers know as they begin their legal career? Stacie Rosenzweig shares tips for new attorneys.

Judge Patricia Curley served on the Milwaukee County bench with her father before moving up to the Wisconsin Court of Appeals.

Does the agricultural tourism immunity protect farms operating as a wedding venue? Amy M. Risseuw explores the question for a plaintiff injured at a barn wedding. Next month, learn the arguments for the defense.

Two Wisconsin Supreme Court justices used a recent per curiam decision to engage in a debate over the supreme court’s practice of dismissing petitions as improvidently granted.

A ballot question for a constitutional amendment complies with Section XII, Article 1 of the Wisconsin Constitution if it fairly describes the actual question and is not counterfactual to the amendment itself, the Wisconsin Supreme Court has ruled.

A law that extends the statute of limitations for actions seeking redress for injuries caused by sexual assault does not apply to a claim of negligent supervision of an employee who committed sexual assault, the Wisconsin Supreme Court has ruled.

A statute that requires repeat sex offenders to comply with sex offender registration requirements for life does not apply to an offender convicted of multiple convictions in the same court proceeding, the Wisconsin Supreme Court has ruled in State v. Rec

On May 30, the State Bar of Wisconsin welcomed 149 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!

A circuit court that orally dismissed a criminal case only to minutes later re-instate the case did not lose subject matter jurisdiction, the Wisconsin Court of Appeals has ruled.

Drivers who delivered packages for Amazon in their own vehicles while using an Amazon smartphone app are employees for purposes of Wisconsin’s unemployment insurance benefits (UIB) scheme, the Wisconsin Court of Appeals has ruled.

Gilbert Malis, a tenant's rights attorney, offers tips on how to help you and your clients maximize a security deposit return and how to ensure you are protected in the future.

Two bills proposed in the 2021-22 Wisconsin Assembly proposed eliminating the right to a jury trial for parents in an involuntary termination of parental rights (TPR) action. Matthew Young discusses the proposals – both of which failed – and the potentialloss of rights for the parent.

Meet the 167 new Wisconsin lawyers, the Class of 2023 graduates from Marquette University Law School. Welcome to the legal profession!

The Joint Finance Committee approved substantial, necessary, and historic increases to the criminal justice system, including increased starting salaries and pay progression for prosecutors and defenders and an increase to the private bar rate.

A selection of recent Wisconsin case verdicts are shared below.

Does a lawyer serving as a testifying expert witness have a client? And if not, what kinds of conflicts arise from serving as an expert?

TimeSolv, a time and billing platform built for legal professionals, is now in partnership with the State Bar of Wisconsin. Learn more about this platform and the discount offered for users who are State Bar members.

CosmoLex, part of the ProfitSolv suite of products, is now in partnership with the State Bar of Wisconsin, and offers one platform for your law firm’s legal and business accounting needs. State Bar members receive a discount when working with Cosmolex.

The State Bar is celebrating the lawyers admitted in 1973, reaching their 50-year milestone in the legal profession. Together, we honor your years of practice and your many achievements.

Judge Ramona Gonzalez of La Crosse County Circuit Court is the 2023 recipient of the Lifetime Jurist Award. Find out more about why Judge Gonzalez, who is being honored for her long career on the bench, said ‘no’ to retirement in 2022.

Cancel culture is aimed at speech that, while subjectively harmful, is properly beyond the reach of government regulation, says Prof. Franciska Coleman. She will present at the upcoming State Bar of Wisconsin Annual Meeting & Conference.

This article explores law student debt and the downstream impact on the legal profession, with analyses from Jim Leipold of the Law School Admissions Counsel.

A nuisance lawsuit filed against the operators of a wind farm in Brown County is barred by the statute of limitations, the Wisconsin Court of Appeals has ruled.

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

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

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).

Each year, the Communications Committee, which serves as the Editorial Advisory Board for Wisconsin Lawyer magazine, recognizes writing excellence.

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.

50-year member Gerry Mowris says the more things change, the more they remain the same. It's time to adequately fund the criminal justice system.

Blogs selected for this column are published through the State Bar of Wisconsin's section blogs and WisLawNOW, the State Bar's aggregated community of Wisconsin legal bloggers.

All lawyers should periodically explore new products and technology, including those that use artificial intelligence. Christopher Shattuck says many tools will pay for themselves by opening up time for additional billable work.

Over the coming months, attorneys will share their experiences to help demystify the professional and personal realities of practicing in rural Wisconsin. Paige Juel leads the series with a look at lawyer and nonlawyer population numbers in rural areas.

Emily Kelchen advises using a content calendar for website and social media postings. Doing so makes it easier to bring in the types of clients you want.

Do you want to listen as you learn about legal practice? Joe Forward says tune in to Bottom Up, a WisLawNOW podcast produced by the State Bar of Wisconsin, for engaging conversations led by co-hosts Emil Ovbiagele and Kristen Hardy.

Dean Dietrich cautions lawyers to think twice before engaging in actions that, although not violations of the ethics rules, convey an attitude of incivility.

The "Every Member, Every Year" campaign supports and expands the mission and work of the Wisconsin Law Foundation. Larry Martin requests your help.

Margaret Hickey says a few hours' pro bono assistance from a lawyer can make a huge difference for individuals struggling with seemingly insurmountable legal issues.

The author provides tips for the non-physical-contact activity of creating persuasive arguments in litigation, gleaned from the experiences of boxing greats, including Floyd Mayweather, Manny Pacquiao, and Mike Tyson.

A Green Bay police detective failed to demonstrate that an arbitrator manifestly disregarded the law when he upheld the detective’s demotion, the Wisconsin Supreme Court has ruled.

When do statements about people and events in the news cross the line from legitimate commentary and become libel or slander (collectively, defamation)? Ongoing litigation involving former football star Brett Favre might help clarify the law.

A circuit court erred by issuing an injunction ordering a hospital to credential a physician who would administer ivermectin to a COVID-19 patient because it did not cite a legal basis for the injunction, the Wisconsin Supreme Court has ruled.

The author discusses oaths of office, bonds, time of taking office, de facto officers, vacancies, and other spring organizational and transitional issues affecting new municipal officers and bodies.

Plaintiffs in Wisconsin courts suing manufacturers for injuries caused by alleged product design defects must now meet both the reasonable-alternative-design requirements and the consumer-contemplation test. Here's what you need to know.

Lawmakers around Wisconsin have heard from State Bar members on the imporance of funding the criminal justice system, but they still need to hear about why the private bar rate is an important component that can't be ignored.

DEIA initiatives improve employee recruitment, retention, and morale, and help mitigate risks associated with potential disparate treatment and discrimination claims by employees. Melissa Caulum Williams, Erik Eisenmann, and Michael Matta outline howemployers can avoid legal risks regarding DEIA programming without having to compromise their commitment to DEIA.

In 2019, the Wisconsin Legislature raised the rate paid to private attorneys taking overflow cases from the State Public Defender’s Office, from $40 per hour to $70 per hour. But inflation quickly eroded attorneys’ financial ability to take those cases.

Lawyers who handle appellate cases must stay on top of decisions of the higher courts, especially as they apply to their current cases. Analyzing court decisions is a key part of the practice – as is finding the resources that can help their clients' cases. Here's an example and a list of resources to help you stay up to date.

Your donations to the Wisconsin Law Foundation support its mission to promote access to justice, leadership in the profession, and law-related public service through funding of innovative and creative programs. Here’s how you can help support its mission.

As a lawyer, you have the skills to be a leader. Here are more tips on cultivating leadership skills from State Bar of Wisconsin President Margaret Hickey.

Milwaukee County Circuit Court Judge Carl Ashley has been named the State Bar of Wisconsin’s 2023 Diversity and Inclusion Trailblazer.

A selection of recent Wisconsin case verdicts are shared below.

Racially restrictive covenants segregated Wisconsin communities in the early 20th century and these covenants remain embedded in historical deed contracts. Law librarian Wendy Smith discusses researching historical deeds for racial covenant language and the organizations dedicated to identifying and digitizing these records.

In December 2022, CCAP (Consolidated Court Automation Programs) released an exhibits function that allows eFiling parties to pre-file hearing exhibits through the eFiling system. The function also enables clerks of circuit court, juvenile clerks, and registers in probate to more easily manage electronic exhibits.

Members should have received FY 2024 statements for Wisconsin Supreme Court assessments and State Bar of Wisconsin membership dues. Be sure to take advantage of your member benefits.

May 5 is the National Day of Awareness for Missing and Murdered Indigenous Women and Girls. A task force convened by Wisconsin Attorney General Josh Kaul is working on the issues at the heart of the crisis.

May 1-5 is Lawyer Well-being Week. Four attorneys who volunteer with the State Bar of Wisconsin's Lawyer Assistance Program (WisLAP) share their tips for staying well.

Jane E. Bucher of Russell Law Offices, S.C., Brodhead, 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 2023-24.

Xylazine-laced fentanyl was recently declared an official emerging drug threat to the nation. Amy Bradshaw discusses the response as well as current opportunities related to substance use disorder treatment and harm reduction.

Marijuana is now big business, creating possible dilemmas for lawyers looking to represent clients in what is proving to be lucrative business. As more lawyers take on cannabis-related issues in their practice, it is time to revisit underwriting andclaims handling processes to address these concerns, writes Matthew Beier.

More and more termination of parental rights (TPR) cases are ending up in the appeal process due to concerns about the validity of the plea. Jenni Spies Karas addresses a practical guide to ensuring a no contest plea to grounds will withstand appellatereview.

With more CHIPS cases becoming adult guardianships, sometimes the transition process is rough. Clarice Ruehl talks about the issue and ideas for making the process smoother throughout Wisconsin.

It is with sadness that the State Bar of Wisconsin reports the passing of former State Bar President Lawrence J. Bugge. A business lawyer with Foley & Lardner in Madison nearly his entire legal career, Bugge served as State Bar president 1980-81.

Law Day is a national day to celebrate the rule of law in a free society.

Homeless children and youth inherently experience instability and trauma due to their homelessness. Megan L. Sprecher discusses the McKinney-Vento Homeless Assistance Act and how public interest attorneys and advocates can use the federal law to providemuch needed educational stability for homeless children and youth.

If you are already licensed and are considering practicing law in a neighboring or other state, you may consider whether you will need to take a bar exam, CLE requirements, how much it costs to apply, etc. Kate Cook lays out some of those considerationsto give you an idea of different states’ requirements.

Mediation submissions are often seen as a necessary chore, and there’s little guidance as to what should go into them. By keeping in mind the various members of the audience of your statement, and addressing a few critical topics, lawyers can set the stage for an efficient and effective mediation, writes David E. Jones.

Civil legal aid not only helps ensure justice is served to all, but it can make courts more efficient and save taxpayers money, too. Lawmakers need to hear from you on this topic as they put together the biennial budget.

A lawsuit challenging a decision by the state to close a driveway failed because the statute under which the lawsuit was filed is limited to the scope of the state’s eminent domain offer, which didn’t mention the driveway, the Wisconsin Supreme Court has ruled.

The reducing clause in an underinsured motorist insurance policy applied to the per person liability limit and not the per accident limit, the Wisconsin Supreme Court has held.

A prosecutor who repeatedly used the term “uncontroverted” to refer to evidence in a case in which the defendant neither testified nor presented any witnesses did not violate the defendant’s Fifth Amendment right against self-incrimination, the Wisconsin Supreme Court has ruled.

Welcome to 21 new Wisconsin lawyers, most of whom passed the Wisconsin bar exam in July 2022 and February 2023. Some are just beginning their careers in law, and others are finding new opportunities in Wisconsin. Congratulations!

Homebuyers purchasing property in a planned development are sometimes required to join a homeowners association. HOA boards are entrusted with the power to enforce association rules – and can face a balancing act among property owners.

See Dr. Alexander Gee of Madison at the 2023 Annual Meeting & Conference – where he will talk about what it takes to be an agent of change in the legal profession.

A selection of recent Wisconsin case verdicts are shared below.

Do you practice health password hygiene? Most people don't – but a password manager can help you protect the security of your clients' information. Learn more about choosing and using a password manager.

On March 29, 2023, Amoun Vang Sayaovong filed a petition to reinstate his Wisconsin law license.

When determining whether adverse authority must be disclosed to the tribunal, is it really adverse if I can distinguish the case? Turns out, you should bring to the court's attention any authority in the controlling jurisdiction that could reasonably be interpreted as adverse, whether you can distinguish it or not.

On April 26, the U.S. Supreme Court will hear a case out of Minnesota concerning the government’s right to a windfall when taking private property – under the Fifth Amendment’s Takings Clause – to satisfy a debt owed to the government.

Monroe County Circuit Court Judge Rick Radcliffe is the recipient of the State Bar of Wisconsin's 2023 Judge of the Year award. Find out why he's made a significant impact on his community since becoming a judge in 2017.

Judge Brown, a natural rights scholar, will be one of three panelists to bring perspectives on what is termed "cancel culture."

Wisconsin law does not authorize a party to charge a patient for his or her electronic medical records, the Wisconsin Supreme Court has held.

Lisa Procaccio, assistant corporation counsel for Milwaukee County, is the 2023 Young Lawyers Division’s Outstanding Young Lawyer of the Year. She shares tips for new lawyers wanting to make an impact in their profession.

Criminal defense lawyer Brian Dimmer says that two recently enacted changes to the state constitutional provision on cash bail will likely add to the pressures pushing on the underfunded criminal justice system.

The board also authorized the Professional Ethics Committee to file a petition with the Wisconsin Supreme Court to make changes to the attorney’s oath.

Are Bitcoin or other cryptocurrency worthy of consideration as loan collateral? Joseph Mella discusses the idea and reality of perfecting security interests in cryptocurrency and similar assets.

Since Open AI released ChatGPT in November 2022, a wave of astonishment, intrigue, and concern has followed as the technology advances. The legal profession will ultimately benefit from its potential to scale efficiency and improve finished products, but it’s unlikely that robots will soon replace lawyers, says David S. Blinka.

Defense counsel’s decision to rely on a reasonable doubt defense and not mount a third-party perpetrator defense did not constitute ineffective assistance of counsel, the Wisconsin Supreme Court has held.

A member of two LLCs failed to state a claim for relief when he sued over an allegedly fraudulent real estate transaction to which he was not a party, the Wisconsin Supreme has held

The legislature's powerful Joint Finance Committee is holding public hearings to hear from constituents on the 2023-25 state budget. Here's the best way to get your voice heard.

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).

Want to review a book? Request one from us!

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

Bob Barrington says when the Dodge County DA's office lost attorneys to retirements and positions with greater pay, that left only the elected DA to do the work of six attorneys. He warns that adequate funding must be provided before the justice system implodes.

Blogs selected for this column are published through the State Bar of Wisconsin's section blogs and WisLawNOW, the State Bar's aggregated community of Wisconsin legal bloggers.

Wesley Webendorfer reflects on preparing for and conducting his first oral argument before the Wisconsin Supreme Court.

Failing to address the intersectionality of DEI and well-being has serious consequences. Julie Bonasso says there are things individuals can do to examine their own thoughts, feelings, and behaviors on these topics.

Erin Ogden says the best (most likely to be reached) resolutions come from within and are based on a person's own self.

Regardless of whether criticism of another lawyer can be proved to violate an ethics rule, Dean Dietrich says offensive behavior and personal attacks that are intended to harass should be avoided.

As a community leader and judge, Derek Mosley has made headlines with his good work in the community, his social media presence, and his upbeat spirit. Joe Forward writes about one Wisconsin lawyer who isn’t slowing down.

Larry Martin shares lessons learned from Gov. Tony Earl about politics, life, friendship, and the value of reaching across the aisle to work for the common good.

Margaret Hickey says that regardless of position, experience, or income, lawyers make a difference for individual clients and cases and the systems in which they work. As such, it is important that lawyers tend to their well-being.

Lawyers advising businesses in search of seed money from "small" investors (individuals and entities with relatively low amounts at their disposal) must be aware of federal and Wisconsin laws regarding crowdfunding.

Acts passed during the Wisconsin Legislature's 2021-22 session are designed to make family law proceedings, particularly divorces and legal separations and related postjudgment actions, easier for litigants, lawyers, and court staff. Here's what you need to know.

Pay for district attorneys and public defenders is too low to attract and keep enough lawyers. And effects of the COVID-19 pandemic linger: Caseloads are up, but the number of prosecutors is down. The funding crunch affects the state Department of Justice and the entire state court system. This article explains the funding issues.

Milwaukee attorney Larry Whitley went straight from law school to an in-house counsel position, working on billion dollar deals in real estate right out the gate. In the latest episode of the Bottom Up Podcast, Whitley shares more about his journey.

The law of defamation – and its related law of damages – is an area of practice renowned for its complexity. Finding resources to help clarify the definitions is just the first step in crafting a lawsuit or defense for your client.

On July 15, 2022, the Office of Lawyer Regulation (OLR) filed a rule petition asking the court to amend SCR 20:1.0 and SCR 20:1.15 to permit electronic transactions in lawyer trust accounts.

Shifts in workforce demographics, inflation, and disruptive technologies require attorneys and law firms to be more resilient and adaptable than ever, according to Courtney Clark, the closing plenary speaker at the State Bar's 2023 Annual Meeting and Conference, June 14-16 in Milwaukee.

A selection of recent Wisconsin case verdicts are shared below.

The legal community is looking forward to welcoming this year’s 3Ls as colleagues when they graduate, and to helping 1Ls and 2Ls with their summer positions. Law librarian Elizabeth Manriquez lists 5 tips to help both law students and new lawyers in their first professional positions.

The ABA TECHSHOW returned to in-person in March this year. Michael Eichacker talks about the latest in technology of interest to legal professionals.

The State Bar of Wisconsin's Lawyer Referral and Information Service (LRIS) connects people seeking lawyers with lawyers seeking clients. Join now and get April, May, and June free in 2023.

A newly expanded partnership between the State Bar of Wisconsin and Johnson Financial Group offers personalized financial solutions to help you manage your day-to-day finances, including cash flow management and customized lending options for your firm. Find out more about how this new partnership can also help you with your personal financial needs.

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 15 award recipients.

In recognition of Healthcare Decisions Day on April 16, the State Bar is offering a free download – April 12 through April 24 – of its health care decisions guide, "A Gift to Your Family: Planning Ahead for Future Health Needs."

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

Accepting electronic payments is now easier for Wisconsin lawyers. Find out more about the new rule on accepting electronic payments to your trust account.

Qualified immunity protects two police officers from a lawsuit filed by a woman arrested for carrying a rifle and bayonet in a public park filled with parents and children, the U.S. Court of Appeals for the Seventh Circuit has ruled.

A circuit court erroneously exercised its discretion by certifying a class that included parties who were charged for medical records during a time when Wisconsin Court of Appeals case law allowed such charges, the court of appeals has held.

The Brewers' Marti Wronski, one of a handful of women executives in Major League Baseball, moves from general counsel to chief operating officer.

A man who was fired one day after informing his employer about an allegedly racist remark made by his supervisor is entitled to take his retaliation claims to a jury, the U.S Court of Appeals for the Seventh Circuit has ruled.

Certain Milwaukee firefighters receiving disability benefits are entitled to have a 5.8% pension offset payment included in the salary amount used to calculate their benefits, the Wisconsin Supreme Court has ruled.

A prosecutor who breached a plea agreement by making a specific recommendation for prison time cured the breach by withdrawing the recommendation, the Wisconsin Supreme Court has unanimously held.

An insurer may not reduce its underinsured motorist coverage by the amount the insured was required to reimburse to a workers’ compensation insurer, the Wisconsin Supreme Court has ruled.

The EPA’s proposed rule designating certain PFAS as “hazardous substances” provides tools to identify and address releases of PFAS into the environment, but it also raises unsettled questions. Derek Punches discusses the implications of the proposed rule,

Rock, sand, and gravel are key to all types of construction, but quite often communities resist siting and permitting new gravel pits. David McCormack discusses how misinformation can lead to misconceptions about the availability of sand and gravel forfor the construction industry.

The general counsel for the National Labor Relations Board is looking to revive abandoned precedent to make organizing easier for unions. Peter Albrecht discusses the nature and impact of the general counsel’s desire to reinstate the Joy Silk doctrine.

Some Wisconsin court system computer network users, including the general public, may have temporarily experienced intermittent service or slower than usual response times to some online services early this week.

Over the last two years in Wisconsin, farmland values have been increased by roughly one-third – but it’s not all good news for Wisconsin farmers. J. David Krekeler talks about the good, the bad, and the ugly for farmers when their land values increase.

The U.S. Department of Justice (DOJ) recently announced that in 2022, it recouped False Claim Act settlements and judgments amounting to the second highest number of settlements in history. Leah Ruedinger discusses the settlements and offers tips for effective compliance programs for health care entities.

The Wisconsin legislature put a new bail amendment on the April 2023 ballot. Law student Kalei Kell talks about the amendment and that cash bail is not the only viable option in regard to bail release.

Two weeks before the April 4 election, the candidates for an open seat on the Wisconsin Supreme Court debated the issues facing the state's highest court.

Statutory provisions that bar municipalities from condemning land for pedestrian walkways apply to acquisitions for sidewalks, the Wisconsin Court of Appeals has ruled.

Owners of property along navigable waterways in Wisconsin do not have a right to a certain water level along the property, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The State Assembly misapplied the public interest balancing test when declining to disclose records related to a sexual harassment complaint filed against one of its members, the Wisconsin Court of Appeals has ruled.

A gravel path that a sanitary district proposed to lay to allow it to repair its pipes qualified for an exemption from a county’s shoreland zoning ordinance, the Wisconsin Court of Appeals has ruled.

Claims by residents of a senior living facility for entrance fee refunds are subordinate to a perfected security interest in the property of the company that operates the facility, the Wisconsin Supreme Court has unanimously ruled.

A statute bars judicial review of an immigration agency’s denial of a Ukrainian citizen’s adjustment-of-status application, the U.S. Court of Appeals for the Seventh Circuit has ruled.

The State Bar's 2023 Supreme Court debate between Daniel Kelly and Janet Protasiewicz has drawn national media attention. Here's how to tune in and watch live, or view the debate at your leisure.

The Wisconsin Supreme Court has re-elected Chief Justice Annette Ziegler to a second two-year term as chief justice.

When construction work doesn’t conform to the plans and specifications, what are the parties’ legal rights? Kevin Long discusses the issues that come up when things don’t go according to plan in construction projects.

Are nitrate and nitrite about to reemerge as groundwater and drinking water chemicals of concern? New research reveals nitrate drinking water and groundwater standards fail to represent the scientific weight of evidence, say authors David Belluck and Sall

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.

Water law is a complex area of law, touching on the areas of property law, environmental law, and public health and welfare. Here are several resources for attorneys who need to learn more about the challenges of water law in Wisconsin.

Shifts in workforce demographics, inflation, and disruptive technologies require attorneys and law firms to be more resilient and adaptable than ever, according to Courtney Clark, the closing plenary speaker at the State Bar's 2023 Annual Meeting and Conference, June 14-16 in Milwaukee.

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.

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

Katja Kunzke says the lessons she learned in law school about who she could be were the perfect antidote to the lessons learned in charm school about who she did not want to be.

Sharon Nelson, John Simek, and Michael Maschke explain the dark web – what it is, how it is used and by whom, and how to access it. Many lawyers are curious about the dark web and what evidence may be available there for their cases. But the authors' recommendation to attorneys is clear: Don't access it.

A promise not to prosecute a couple for child abuse became binding once the couple detrimentally relied upon the promise by consenting to the termination of their parental rights, the Wisconsin Court of Appeals has ruled.

Matt Beier explores the elements of a legal malpractice action and identifies some common mistakes that may be avoided through best practices when representing clients in appeals.

Representing clients who are members of professions demands the same levels of competence and civility any client expects and deserves. But, Stacie Rosenzweig says, lawyers should keep additional things in mind for clients whose jobs are licensed or regulated.

With the state being in a healthy fiscal position, Larry Martin says now is the time to adequately fund our justice system.

Margaret Hickey says State Bar members can help the state's criminal justice system by encouraging elected officials to increase funding for district attorney and public defender positions.

Serving on a State Bar of Wisconsin committee is a way to make a difference quickly in the legal profession and in the justice system, says T.R. Williams, who previously served on the State Bar's Leadership Development Committee.

On February 21, 2023, the Wisconsin Supreme Court adopted the Second Amended Revised Interim Rule governing eFiling. The order and interim rule set forth a timeline for a phased transition to mandatory eFiling in the Supreme Court in the next several months.

Solo criminal defense lawyer Bill Jones is a criminal defense lawyer by day. Outside of work, he plays hurling, an Irish sport billed as the fastest game on grass. In this article, Jones discusses the law, and hurling.

Lawyers who handle worker's compensation or personal injury matters should periodically review their settlement procedures, including settlement content, to ensure compliance with Medicare reimbursement policies.

The Wisconsin Supreme Court finds most compelling constitutional arguments that consider constitutional text and historical evidence informing how that text was understood when it was adopted. Here is a four-step process for crafting persuasive arguments when advancing claims rooted in the Wisconsin Constitution.

It is with sadness that the State Bar of Wisconsin reports the passing of Past President Myron LaRowe on March 10, 2023. LaRowe served in leadership positions in the Bar and in his community of Reedsburg throughout his career.

The need for reliable energy sources is generally acknowledged, but not everyone agrees which types of power are the best or where generation facilities should be located. Lawyers can help local governments and community members who want their opinions to matter during energy-project development.

U.W. Law School is among a number of U.S. law schools that will no longer provide data to the U.S. News & World Report Law School Survey Rankings. In this article, U.W. Law School Dean Daniel Tokaji, as well as Marquette University Law School Dean Joseph Kearney, provide perspectives on the survey rankings.

Congratulations to Waukesha South and Shorewood High School teams as finalists in the Wisconsin High School Mock Trial Tournament, the first in-person finals competition since 2019.

A sales tax exemption for aircraft parts and repairs does not apply to portions of lease payments attributable to the purchase of parts and repairs, the Wisconsin Supreme Court has ruled.

Testimony from a neighbor who heard a woman scream “Stop, stop, I love you, I love you,” corroborated a fact revealed by a criminal defendant in his confession, the Wisconsin Supreme Court has ruled.

Find out more about Tracey Schwalbe and the impact she has made on Wisconsin’s Indigenous people and those involved in unemployment insurance issues.

On Jan. 21, 2022, the Planning and Policy Advisory Committee (PPAC) Videoconferencing Subcommittee filed this amended rule petition asking the court to amend Wis. Stat. sections 885.50, 885.52, 885.54, 885.56, 885.58, 885.60, relating to the Use of Videoconferencing Technology.

A selection of recent Wisconsin case verdicts are shared below.

A recently issued ABA Formal Ethics Opinion provides further guidance for Wisconsin on whether replying to an email from opposing counsel that includes opposing counsel's client could violate ethics rules.

The State Bar of Wisconsin and partners will be hosting a Supreme Court candidate debate on Tuesday, March 21, 2023.

The State Bar is rolling out a new webpage to focus on solutions for the challenges facing Wisconsin's criminal justice system.

Time is often the secret ingredient to a successful mediation, writes James Mathie. So, prepare to use the patience so time can work its magic.

The Federal Trade Commission recently announced a proposed rule that would eliminate non-compete agreements nationwide. Martin Kuhn discusses the proposed rule, its potential benefits for workers, and its potential legal challenges.

Will the current wave of pending litigation around the issue of race in admissions before the U.S. Supreme Court result in the end of affirmative action? Catarina Colón, Jack Quinn, and Annie Cartwright discuss the issue and that now is a good time for medical schools to assess the impact of potentially shifting case law on diversity practices and initiatives.

A selection of recent Wisconsin case verdicts are shared below.

This order expands the eFiling pilot project for the Wisconsin Supreme Court and sets forth a timeline for a phased transition to voluntary and then mandatory eFiling for most cases and proceedings in the supreme court.

The Wisconsin Supreme Court, on its own motion, has determined that it is appropriate to amend Supreme Court Rule 22.19, which governs petitions for consensual license revocation.

Resources that help you to research a comprehensive estate plan for your clients.

Grants of up to $2,500 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 7, 2023.

Ideas for helping your clients avoid homebuyer’s regret.

The candidates, who practice in the Madison area, discuss how they would address the challenges facing Wisconsin attorneys.

Registration is open for the State Bar of Wisconsin Annual Meeting & Conference, June 14-16 at The Pfister Hotel in downtown Milwaukee.

New lawyers, you're invited: Meet in Oshkosh on March 31 for free CLE sessions and networking. Reserve your spot today.

Attorneys should be aware of a new real estate scam: cybercriminals who con realtors into selling property they don't actually own. Cheri Hipenbecker, general counsel for Milwaukee’s Knight Barry Title Group, explains.

Social Security Disability payments for disabled individuals reentering society from incarceration are an important lifeline, allowing them to achieve the kind of independence and economic stability that promotes community ties and reduces recidivism. Kelsey Brown presents reasons for these delays and concludes with the impact the delays have on her clients’ lives.

The Wisconsin Supreme Court has issued an order and a revised interim rule (Order 19-02C and 20-07C) that will create a phased transition to mandatory e-filing in the Supreme Court over the next several months.

The State Bar of Wisconsin's Board of Governors also filled a vacancy in District 9, and discussed proposed changes to the attorney’s oath, among other topics.

The recent 2021 WI Act 182 created new language for petitions to change the name of a minor under 14 years of age with two living parents who are not filing a joint petition in certain circumstances. Amanda R.R. Mayer outlines the new law and how to navigate it – and points out a glaring omission.

Judge Gary Sherman, a native Chicagoan, built a practice in rural northern Wisconsin and served as State Bar of Wisconsin president.

A circuit court erred by staying a prison sentence for a person convicted of her fifth operating while intoxicated offense, the Wisconsin Court of Appeals has ruled.

A woman who filed a lawsuit under the federal Stored Communications Act 23 months after she was demoted for sending Facebook messages critical of her boss failed to meet the act’s statute of limitation, the U.S Court of Appeals for the Seventh Circuit hasruled.

A party that objected to a property tax assessment and requested that a hearing on the objection be postponed failed to comply with a state law that required it to present evidence before making a claim, the Wisconsin Court of Appeals has ruled.

Former Wisconsin Gov. Anthony "Tony" Earl, a member of the State Bar of Wisconsin for nearly 60 years, passed away Feb. 23, 2023. Learn more about Gov. Earl, who brought ‘dignity and integrity’ to public service, according to those who knew him.

The Wisconsin Supreme Court has unanimoulsy upheld a city’s property tax assessment of a big-box store, rejecting the retailer’s argument that the assessment was excessive because the list of comparable properties did not include vacant big-box stores.

Wisconsin's criminal justice system is facing a watershed moment. Staff vacancies and turnover for prosecutors and defenders are pushing the system to a breaking point, and solutions must include adequate funding from the legislature.

The State Bar of Wisconsin issued a statement following Gov. Tony Evers' Feb. 15 budget address.

The Wisconsin Supreme Court has added two cases to its docket. In one case, State v. Killian, the supreme court will consider the scope of the Fifth Amendment’s double jeopardy clause.

Wisconsin Act 258 completely rewrote chapter 183. Most LLC operating agreement provisions remain the same, but others may need to be updated. Sam Wayne discusses Act 258 and how it impacts the practice of drafting LLC operating agreements.

Congratulations to the teams who competed in 2023 Wisconsin High School Mock Trial regional tournament! The top 20 teams will compete in the semifinals tournament in early March in Madison.

A selection of recent Wisconsin case verdicts are shared below.

Under the right circumstances, the conversion and domestication provisions of the Revised Act can be powerful tools for practitioners to efficiently and expeditiously position a client's business entity for a significant transaction, more favorable tax treatment, or to strengthen management's position.

Much has changed in the past two decades in Wisconsin courts involving business litigation, yet there's no "manual for complex litigation" specific to Wisconsin. Here are resources for attorneys who need to to learn more about the challenges in complex litigation in Wisconsin state courts.

Joint representation cases can cause a dilemma when one of the clients withdraws from representation. When can you keep representing the other clients and when must you withdraw completely?

The State Bar is launching a new cookie management tool that provides a clear and accessible way for you to control your data settings when visiting the organization's websites.

State Bar service opportunities allow attorneys to give back to the legal profession while bettering their practices. Felicia Owen talks about her experience as member of the State Bar's Board of Governors.

Find out why two Foley & Lardner attorneys are committed to organizing Wills for Heroes, which helps first responders receive basic estate-planning documents at no cost.

The court battle over Lisa Marie Presley's estate should remind attorneys to tend to estate planning basics.

State Bar President Margaret Hickey makes a statement in response to the Governor's budget proposal on civil legal aid funding.

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).

Want to review a book? Request one from us!

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

Lawyers before us have done it, but young lawyers today face even greater challenges in balancing work and life, says Jose Castro. Here's what he's learned to achieve that balance.

Venue was proper in Dane County for a defendant insurance company that had 559 policies in the county and received $859,145 in revenue from those policies, the Wisconsin Court of Appeals has ruled.

A city’s ban on digital billboards meets the test established by the U.S. Supreme Court for First Amendment challenges to the regulation of commercial signs, the U.S. Court of Appeals for the Seventh Circuit has ruled.

State law required a transgender teen to show that publication of his name change petition could expose him to physical danger in order for the petition to remain confidential, the Wisconsin Court of Appeals has ruled.

A criminal information electronically submitted within 30 days of the defendant’s preliminary hearing was timely filed, even though the clerk didn’t accept the information until 30 days after the hearing, the Wisconsin Court of Appeals has ruled.

Practice management advisor Christopher Shattuck explains the technology behind ChatGPT, what it can and cannot do, and why he thinks the tool will not replace human lawyers. Ethics counsel Aviva Kaiser discusses the professional ethics rules implicated by use of the ChatGPT tool.

Julie Bonasso says a revolution is underway in terms of lawyer well-being, and members of Generation Z will demand that the legal profession operate in accordance with a new economy and modern workforce by leading from a place of people first.

Nick Toman and Luke Dremel say the CARES Act requirement for 30 days' notice of eviction from some rental properties remains in effect post-pandemic and might have substantial effects on landlords and tenants.

It is okay for lawyers with different firms to share office space, Dean Dietrich says, but only if confidentiality of client identity and information is maintained.

Ngosong Fonkem, chair of the State Bar's International Law Section, discusses his path to and the work of providing representation on all aspects of international law to business clients.

Larry Martin recently presented to the Wisconsin Supreme Court an annual report describing activities that help the State Bar fulfill its court-mandated responsibilities.

Margaret Hickey says attending a court hearing or other legal proceeding via videoconference is a convenience, but it should not be treated as an opportunity to appear wearing informal clothes and from inappropriate settings.

Two opinions issued by the U.S. Supreme Court in June 2022, Dobbs and Bruen, were notable because they signaled that a majority of the justices are ready to change the path of judicial lawmaking in the United States.

Two primary goals of the justice system are to protect individuals' rights and resolve disputes. Threats and violence to court system employees pose a special danger to society at large. The Wisconsin Supreme Court’s task force on court security will study and make recommendations about improving security in county courthouses and for active and reserve judges.

Twenty-five Wisconsin lawyers and others in the legal profession weigh in on trends in 17 practice areas as well as law firm marketing, office management, legal research, and employment.

Overworked and understaffed, Wisconsin's criminal justice system is facing a crisis that has been long in the making. Legislators must address it in the upcoming biennial budget.

A new amendment from the Securities and Exchange Commission brings new requirements to annual and semiannual shareholder reports. Grace D'Souza discusses the new rule, which seeks to increase transparency and user readability in shareholder reports.

What does it take to make partner at a law firm? Rebeca Lopez, a shareholder at Godfrey & Kahn SC, shares insights on the secret to her success.

Ashley A. Smith is president of the Wisconsin Association of African-American Lawyers (WAAL). Find out more about Smith and her thoughts on being a new lawyer and improving diversity, equity, and inclusion in the profession.

Among the state legislature's 132 members, only 10 are lawyers, a decline that continues in Wisconsin and other states.

A selection of recent Wisconsin case verdicts are shared below.

Business and contract law are both incredibly broad areas of law. Law librarian Carol Hassler provides an overview of some popular sources and offers tips on narrowing your search.

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. This year, one of the delegates must be a young lawyer.

The death of Lisa Marie Presley brings to light issues such probate issues as determination of heirs, the power and duties of personal representatives, and the role of a guardian ad litem.

If you donated 50 or more hours of qualifying pro bono legal services to benefit low-income Wisconsin residents in 2022, you qualify as a member of the Wisconsin Pro Bono Honor Society – certify your service by Feb. 28.

Volunteering to serve on a State Bar of Wisconsin committee benefits your profession and the justice system – while boosting your leadership skills. Volunteers are needed for the 2023-24 fiscal year. Apply by April 15.

Lawyers have a duty to protect their client's confidential information. Here are ways to implement security measures to safeguard data from unauthorized disclosure.

Service to the legal profession through the State Bar provides opportunities for attorneys. Joe Cardamone shares how it's impacted his career.

What are the central issues facing the legal profession? The candidates for president-elect share their backgrounds and how they plan to meet the challenges ahead.

A man’s conviction for second degree reckless homicide for causing a death in his home does not preclude his action for indemnification under his homeowner’s insurance policy, the Wisconsin Supreme Court has ruled.

The new Wisconsin Uniform Limited Liability Company Law became effective Jan. 1, 2023. Bryan Tillman identifies three changes likely to have a significant impact on family farms organized as limited liability companies.

A proposed FTC rule would ban non-compete clauses for many employees. Troy Thompson and Christopher Toner discuss the details of the proposed rule, and say that it would significantly increase employee mobility presently limited by lawful non-compete clau

A defendant whose attorney failed to contact two alibi witnesses is entitled to a hearing on his claim for ineffective assistance of counsel, the Wisconsin Supreme Court has ruled.

A county jail inmate sexually assaulted by a guard who was disciplined but not fired for previous fraternization with inmates failed to show that the county’s conduct was the moving force behind the assault, the Wisconsin Supreme Court has ruled.

The U.S. Supreme Court has denied certiorari to an appeal of a decision from the U.S. Court of Appeals for the Seventh Circuit that upheld the State Bar of Wisconsin’s mandatory status.

Small businesses play a vital role in our economies and communities, accounting for roughly two out of every three jobs added in the U.S. over the last 25 years. Kelly Gorman interviews three practitioners currently working to address needs of smallbusinesses in Wisconsin.

The State Bar is honoring four Wisconsin legislators for their leadership on issues affecting the judicial system and the legal profession.

To address labor shortages, agricultural and dairy leaders are lobbying Congress for immigration reform. Heidi Rattner discusses proposed legislative reforms for immigrant laborers and the economic and human issues at stake.

A worker's compensation settlement agreement that required $400,000 to be paid to a law firm’s trust account created an express trust for the claimant’s medical creditors, the U.S. Court of Appeals for the Seventh Circuit has ruled.

Withholding of a child abuse report from a defendant did not violate the constitutional rule established by the U.S. Supreme Court in Brady v. Maryland, because the report contained the same information as a sheriff’s report that was turned over to the defendant, the Wisconsin Supreme Court has ruled.

Wisconsin passed some of the nation’s earliest and most comprehensive phosphorus regulations in 2010. Anya Janssen and Melissa Scanlan discuss Wisconsin’s phosphorus rules and offer an invitation to the statewide phosphorus conference on Feb. 7, 2023.

The State Bar of Wiscconsin's Board of Governors believes in expanding eligibility for expungement for single, lower-level, non-violent criminal offenses, but lawmakers need to hear the voices of their constituents in the legal communit

Are You Taking Advantage of Your Member Benefits?

"You have to start thinking like a business owner not just as an attorney, that is a turning point," says Erin Ogden, managing attorney at Ogden Glazer + Schaefer in Madison.

As part of an ongoing series related to transactional law in both Wisconsin Lawyer magazine and InsideTrack, we highlight the work of in-house counsel. In this issue, we talk with Angela Arrington of Alliant Energy Corp.

A selection of recent Wisconsin case verdicts are shared below.

Lawyers admitted in an even-numbered year: Your continuing legal education (CLE) reporting deadline is Feb. 1. Here is a quick guide to answer your reporting questions.

The State Bar of Wisconsin's Lawyer Referral and Information Service (LRIS) connects people seeking lawyers with lawyers seeking clients. Now's the time to save on your 2023 membership – allowing you the opportunity to expand your practice.

Petition seeking to amend SCR 20:1.15 (Safekeeping property; trust accounts and fiduciary accounts) and SCR 20:1.0 (Terminology) to permit electronic transactions in lawyer trust accounts and to make other related changes to the rules governing lawyer trust accounts.

This column, which answers a question about communicating with an opposing party who receives limited scope representation, also highlights an important point: always start your research with Wisconsin's rules of professional conduct for attorneys.

Prosecutor situation in Dodge County isn't an isolated event. A Criminal Justice Coalition is seeking to change a systemwide problem.

High school students will tackle the difficult issues presented in a homicide case – as the State Bar High School Mock Trial tournament resumes in-person competitions for 2023. Volunteer-referees are needed for the regional and state tournament competitions in February and March.

With the holidays behind us and a New Year just started, Heather Nelson and Kristen Scheuerman share helpful practice tips to ensure that, when it comes to compliance with the Medicare Secondary Payor Act in 2023, you and your clients are golden.

At a forum in Madison yesterday, four candidates running for election to the Wisconsin Supreme Court discussed their judicial philosophies and provided other insights on how they would handle the role as a state supreme court justice.

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.

Joe Forward reflects on a near-death experience and says a new year is a new opportunity to make changes for the better, whatever they may be.

To reduce the likelihood of opposing counsel communicating directly with the client, Dean Dietrich advises sending yourself copies of email communications with opposing counsel and then forwarding the communications to your client.

At the start of the pandemic, the Wisconsin Supreme Court issued a temporary rule that allowed attorneys to obtain almost all continuing legal education credits on demand. That rule expires at the end of January. Jeff Brown and Joe Forward explain what you need to know to obtain and report CLE credits for the 2021-22 reporting period and beyond.

Michael Cohen says lawyers who represent business clients will benefit from learning more about trending topics in business litigation and dispute resolution.

This year's smartphone lineup, compiled by James Pearson, reveals a focus on camera quality, larger screens, better battery life, and a shift away from offering free phones.

Larry Martin says the beginning of a new year is an ideal time to resolve to contribute to the legal profession, by running for a leadership position with the State Bar of Wisconsin. Submit BOG nomination petitions by March 1, 2023.

Margaret Hickey says intentional education about diversity, equity, inclusion, and access is vital for lawyers to practice competently.

Explore the advantages and disadvantages of arbitration compared to litigation based on the goals of fair and efficient procedure, correct results, and minimizing adverse collateral consequences of the dispute resolution process; and the criteria that should govern the choice between those dispute resolution modes.

Wisconsin workers' compensation allows for two ways to establish liability: traumatic and occupational and both may use different dates of injury. Matthew Lein explains the significance of an occupational wear and tear injury and the date of injury to use.

This article examines how data breaches harm, how courts grapple with them, and how the Supreme Court's decision in Transunion v. Ramirez may shape what harms qualify as "concrete" under Article III.

Many benefits exist to placing children with relatives both inside and outside of the formal foster care system. Sienna Borchardt discusses the concept of “fictive kin” and the advantages of expanding the definition of relative to include fictive kin.

Almost everyone has a cell phone, and many people use their phones even when doing so is not advisable. Cell phones hold a great deal of personal data that could be relevant in any legal proceeding. Civil litigators might find much relevant evidence in the phones of parties and others involved in their cases.

The State Bar's fifteen practice sections that participate in the lobbying program are gearing up to make a big impact in the 2023 legislative session.

Law students and young lawyers: what do you want out of your legal career? Developing an entrepreneurial mindset may help you get there.

Contrary to popular belief, our memories are fragmentary, says Craig Stark, professor of neurobiology at U.C.-Irvine. He will present at the Forensic Justice Institute, a virtual event, Jan. 19-20, 2023.

A selection of recent Wisconsin case verdicts are shared below.

Is this a familiar scenario? A family member, friend, or client asks a legal question in an area of practice not familiar to you. Here are insider practice tips for 10 areas of practice in the Wisconsin Attorney's Desk Reference from State Bar of Wisconsin PINNACLE.

Wisconsin has over 1,600 jury instructions, and all are now available online at no cost. Law librarian Carol Hassler discusses the basics of Wisconsin jury instructions, and how to stay on top of the latest updates.

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 2023 State Bar Board of Governors' position – petitions are due March 1.

At the State Bar of Wisconsin's most recent Board of Governors meeting, President-elect Dean R. Dietrich addressed concerns about the challenges the Board will face when looking at the State Bar budget for the next fiscal year.

Threats against the legal community are rising, an unfortunate reality. Here are three tips to help you make your home more secure, according to ADT Custom Home Services. As a new affinity partner with the State Bar of Wisconsin, ADT now offers discounts on home security systems for State Bar members.

Blogging and practice-management software are two trends you can't afford to ignore.

Become a mentor and do well by doing good.

The Wisconsin Supreme Court has for the first time interpreted a key provision of the 2011 state products liability statute.

A group of Catholic charities do not qualify for an exemption to the state’s unemployment compensation act because their activities are not primarily religious, the Wisconsin Court of Appeals has ruled.

The state Livestock Facility Siting Board properly affirmed a town’s denial of a farm’s application based on credibility grounds, the Wisconsin Court of Appeals has held

Motions to enforce are extraordinary motions that offer a speedy consequence where there are placement issues in a family law matter. However, they may not be the best solution for your client. Comm. Barry Boline discusses the details of motions toenforce and their impacts.

Indigent Wisconsin civil litigants face an uphill battle in finding representation. Amanda R.R. Mayer discusses some of the challenges and opportunities for attorneys to help.

Are you a member of the State Bar of Wisconsin's Lawyer Referral and Information Service (LRIS)? Here's your chance to write for the legal column, Know Your Legal Rights, with publication in newspapers across Wisconsin.

PPAC Court Security Subcommittee filed a rule petition asking the court to update SCR Chapter 68 to reflect updated standards for courthouse construction, renovation, technology, and to better define county-level and facility committee's responsibilities.

Now signed into law, the Speak Out Act prohibits the enforcement of certain non-disclosure and non-disparagement provisions involving disclosure of sexual assault or harassment disputes in the workplace. Quinn Stigers and Randall Thompson discuss the Actand its potential impact on employers.

Since the U.S. Supreme Court overturned Roe v. Wade, Wisconsinites are in the challenging position of interpreting an abortion law originally codified in the mid-1800s. Richard Davis discusses this law and its enforcement, and what it can mean forfor physicians and lawyers in the state.

Wisconsin law requires that a person subject to a petition for guardianship and protective placement be physically present for the final hearing absent a valid waiver, the Wisconsin Court of Appeals has ruled.

The Wisconsin public records law compels a school district to disclose a list of parent email addresses used to communicate about administrative matters and community issues, the Wisconsin Court of Appeals has ruled.

Firearm identification evidence is undergoing heightened scrutiny, according to Kristen McGowan, Ph.D.

Criminal defense attorney Jessa Nicholson Goetz makes it a habit to discuss the important issues in a case during jury selection, long before she gives her closing argument.

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

In this season of giving, we ask for your support for the mission and work of the Wisconsin Law Foundation. Our efforts are ambitious, but we cannot do it without your support.

A selection of recent Wisconsin case verdicts are shared below.

The Great Lakes Compact is the binational agreement signed by the eight U.S. states and two Canadian provinces that border the Great Lakes. Law librarian Jenny Zook introduces resources helpful when researching the Compact, including guidance documents and legislative materials.

From finding out if your information has been in a data breach to helping manage your phone systems, the State Bar of Wisconsin Practice411 elist gives lawyers tips on managing their practice. Here are its top tips from 2022.

In a case with a client who does not dispute the fee yet and there's no written fee agreement, can the client refuse to pay me for being "unethical"?

Wisconsin's legal community continued to produce top-notch content. Here are the top articles of 2022.

Most notices from the IRS are regarding incomplete or incorrect information on taxpayer’s tax forms, but there are plenty of other reasons the agency contacts a taxpayer. Brittany Morrison discusses common notices from the IRS.

Some businesses have historically relied upon arbitration-friendly rules to litigate the early party of a lawsuit before reversing course and insisting on arbitration. Ryan Billings discusses a new decision by the U.S. Supreme Court that closes the dooron this practice, requiring companies to consider their preferred venue carefully in their business contracts.

While Wisconsin statues prohibit certain types of clauses within construction contracts, they don’t specifically limit or prohibit indemnification clauses. Tyler Manley discusses the limits on indemnification clauses and the clauses that are prohibited inconstruction contracts in Wisconsin.

Meet the 2023 State Bar of Wisconsin officer candidates, including two lawyers from southern Wisconsin who are nominees for State Bar president-elect. The candidates represent a wide variety of backgrounds – get to know them before the election in April.

A police officer who stopped a motorcyclist on a Harley five minutes after another officer reported a Harley driving erratically in the same area lacked reasonable suspicion for the stop, the Wisconsin Supreme Court has ruled.

Wisconsin courts recently scrutinized whether restrictive covenants, including confidential information provisions, are narrowly drawn so as to be enforceable under Wis. Stat. section 103.465. Matthew DeLange discusses the impact of the Diamond Assets, LLC v. Godina decision on Wisconsin’s restrictive covenant law.

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.

Want to review a book? Request one from us!

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

Outagamie County District Attorney Melinda Tempelis says inadequate funding of pay progression for prosecutors jeopardizes the delivery of justice and protection of crime victims' rights in Wisconsin. 95 Wis. Law. 64 (Dec. 2022)

Online chat boxes offer consumers immediacy when contacting a lawyer. But, Dean Dietrich says, using them also carries ethical duties owed to potential clients, including confidentiality, and the potential risk of conflicts of interest for the lawyer or law firm. 95 Wis. Law. 47 (Dec. 2022)

Matthew Beier says the seemingly clear rule that files belong to clients, not to their lawyers, can quickly become murky after a client dies, especially when the files at issue concern estate planning. 95 Wis. Law. 43 (Dec. 2022)

Sometimes habits change before thinking does. But Julie Bonasso and Brian Krolczyk say the reverse also is true: Adopting a science-based daily thinking strategy can lead people to make changes that might profoundly improve their health and well-being. 95 Wis. Law. 39 (Dec. 2022)

Christopher Shattuck has gift ideas to make life easier while working or relaxing, promote health and wellness, or just to smile about. 95 Wis. Law. 35 (Dec. 2022)

Email disclaimers purportedly “required by IRS Circular 230” are not required and should be omitted, writes Joe Malone.

With a massive budget surplus projected, the upcoming legislative session offers big opportunities for government funding and tax reform, but only if the Governor and Legislature can work together.

Christopher Krimmer says it seems possible that the analysis in Dobbs v. Jackson Women's Health Organization could be extended to non-abortion-related substantive-due-process rights, such as same-sex marriage, despite some justices' reassurances to the contrary. 95 Wis. Law. 30 (Dec. 2022)

As 2022 draws to a close, Larry Martin encourages you to spend time with family and friends and look ahead to the new year with anticipation for greater peace, justice, and tranquility. 95 Wis. Law. 5 (Dec. 2022)

Focusing a few minutes each day on the things for which we are grateful may help us reduce anxiety. But, Margaret Hickey says, gratitude alone is not enough to address issues of lawyer well-being. 95 Wis. Law. 4 (Dec. 2022)

Federal court interpretations of Wisconsin law are of persuasive value to, but not binding on, Wisconsin courts. Yet, they affect how Wisconsin law is argued and develops. This article reviews seven Wisconsin federal court decisions from 2022 interpreting Wisconsin law. 95 Wis. Law. 22 (Dec. 2022)

People accused of engaging in assault or abuse, whether in a formal criminal complaint or on social media, often respond by saying that the accuser is lying. And sometimes the people accused elevate the response to a defamation suit. Lawyers can help victims understand what it means for the truth to be a defense if a victim is threatened with a defamation suit by the perpetrator, and can believe and support victims who do speak out. 95 Wis. Law. 16 (Dec. 2022)

To protect the nation's water supply, in 2021 Congress enacted the Infrastructure Investment and Jobs Act. One goal of the Act is to ensure that Americans in disadvantaged communities receive priority for financial assistance for water infrastructure. This article discusses the interpretation of the term "disadvantaged communities" as used in the Act and analyzes Wisconsin's approach to funding water infrastructure. 95 Wis. Law. 8 (Dec. 2022)

How has the pandemic changed the way judges conduct court proceedings? Dodge County Circuit Court Judge Kristine Snow shares some views from the bench.

Speakers at the second annual Forensic Justice Institute will discuss the emerging science of criminal forensics.

Police who arrived at an address where an erratic driver was reported to have gone but waited to gather information before entering the property were not engaged in hot pursuit and their warrantless search was illegal, the Wisconsin Supreme Court hasunanimously ruled.

A district court properly dismissed a claim for the recovery of unlawful taxes because the party making the claim failed to first pay the taxes, the Wisconsin Supreme Court has ruled.

A selection of recent Wisconsin case verdicts are shared below.

An temporary order that increased from 15 to 30 the number of on-demand CLE credits Wisconsin lawyers may claim in a reporting period will expire on Jan. 31, 2023, under an order issued by the Wisconsin Supreme Court.

Interested in making the most of your access to Books UnBound, the digital online library of legal books from State Bar of Wisconsin PINNACLE? Check out these tutorials.

As you consider year-end giving, please think about supporting the Wisconsin Law Foundation. Your support, now more than ever, is critical to the foundation's ability to fund important programs and services across Wisconsin.

Pay your FY 24 Supreme Court assessments and State Bar dues over six months: Sign up by early January.

In 2021, more than 16,600 divorce cases were opened in Wisconsin, according to circuit court statistics. The lawyers who handle them know that divorces involve complex decisions and a lot of paperwork. Here are a few time-saving tips for efficiently working with a new divorce client.

At its meeting last week, the State Bar’s Board of Governors voted to support a rules petition filed by the Office of Lawyer Regulation that would make it easier for attorneys to accept electronic payments into trust accounts, among other business.

In this season of winter parties, does Wisconsin law hold liable those that provide alcohol to a person who subsequently injures others? Paul Curtis, discussing Wisconsin statutes and caselaw, says the general answer is “no.”

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

Called the new LLCs, Decentralized Autonomous Organizations (DAOs) are experiencing a surge of interest. Andrew Gunem discusses this new entity and its various pitfalls and possibilities.

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.