News & Pubs Archives

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

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

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

The Office of Lawyer Regulation (OLR), an agency of the Wisconsin Supreme Court, provides these summaries. The OLR assists the court in supervising the practice of law and protecting the public from misconduct by lawyers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Want to review a book? Request one from us!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

Want to review a book? Request one from us!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

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

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

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

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

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

Want to review a book? Request one from us!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

The Office of Lawyer Regulation (OLR), an agency of the Wisconsin Supreme Court, provides discipline summaries for educational purposes.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Want to review a book? Request one from us!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

As mediators, we need to think about our presence. How do our attitudes and beliefs affect the mediation process? Paul Stenzel discusses how maintaining a positive attitude while acknowledging your biases strengthens your mediation skills.

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

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

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

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

What are the changes in the Emeritus status for senior lawyers? Michael May talks about the changes, who they apply to, and why he believes they were necessary.

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

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

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

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

Want to review a book? Request one from us!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A selection of recent Wisconsin case verdicts are shared below.

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

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

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

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

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

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

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

With Wisconsin’s adoption of the Uniform Adult Guardianship and Protective Proceedings Act in 2018, transferring a guardianship to or from another state can be more efficient. Amy Greske discusses important factors in navigating the statute and successfully transferring a guardianship.

All the circuit courts in Wisconsin have been open for in-person proceedings since June, including jury trials, according to the Wisconsin Director of State Courts, Judge Randy Koschnick, who provides an update in this interview.

On May 25, 2021, the State Bar Professional Ethics Committee and the State Public Defender filed a rule petition seeking to clarify that conflict of interests involving public defenders should be controlled by SCR 20:1.10 rather than SCR 20:1.11.

Wisconsin has the highest percentage of women justices of any state supreme court in the nation at nearly 86 percent.

A selection of recent Wisconsin case verdicts are shared below.

Pondering accepting bitcoin or other cryptocurrency for payment of client fees? Disciplinary rules do not prohibit a lawyer from accepting cryptocurrency as payment for legal fees, but the rules do impose certain requirements.

Tatiana Shirasaki has been a lawyer in two countries – in her native Brazil, and now, in the U.S. As the 2021 Young Lawyers Division's Outstanding Young Lawyer of the Year, Shirasaki is dedicated to paying it forward.

For the clerks of the 2021 State Bar of Wisconsin Diversity Clerkship Program, the summer offered opportunity and experience that will shape their legal careers while benefitting employers. Find out more about this year's program participants.

Unfortunately, the latest scams targeting law firms aren't always obvious. Here are some real-world stories about scams that targeted Wisconsin lawyers – and the lessons we all can learn from them.

COVID-19 has brought many changes to the way mediations are conducted. Brent Smith discusses what mediation might look like, post-pandemic.

What happens when the State removes access to your clients’ property? That property’s value and use can be drastically and negatively impacted by the removal of access. Ryan Simatic discusses the remedy, inverse condemnation, and how it can be used to compensate property owners.

The State Public Defenders Office’s (SPD) goal to ensure that all clients are provided zealous and effective representation, regardless of the clients’ means, is a challenging one, especially in light of recent developments, like COVID-19. Katie York discusses the need for more attorneys willing to take SPD cases and ways that the SPD is using to close the gap.

In this article from the Marquette University Law School Faculty Blog, David Strifling, discusses an “unprecedented makeover in longstanding principles of state-level administrative law” that “shift[ed] power away from agencies and toward courts, the legislature, and the governor.”

As summer draws to a close, the legislature is poised to return to a busy fall schedule. Here's what Capitol watchers might expect regarding State Bar and Practice Section policy priorities.

More than 40 blogs are now on WisLawNOW, creating content in different practice areas and providing timely information on legal developments. Are you on the list?

Although pen-and-paper contracts are hardly extinct, the pandemic has accelerated the evolution toward electronic-only business transactions. Jennifer Budzien outlines the laws, requirements, and challenges of electronic records and signatures.

The Wisconsin Department of Children and Families recently promoted a new child welfare initiative that focuses on prevention and keeping families together. Azucena C. Guizar discusses the need to reach out to immigrant families in particular.

James Spella of West Bend, recognized as an outstanding mentor by the State Bar of Wisconsin Young Lawyers Division, talks about why mentoring is so important to the legal profession: "Mentoring allows us to 'raise the Bar.'"

Recent surges in material prices have caused many construction industry participants to question their rights and remedies under their contracts as well as change their future contracts to address substantial price increases. Brian Zimmerman discusses the recent price increases and the contract clauses implicated thereby.

Mediations and arbitrations using a virtual platform became necessary during the pandemic. Unexpectedly, they proved to be more than that. David E. Jones discusses the pros and cons of using a virtual platform for mediation and arbitration.

They used to call him "Hector the Protector" during his days as a Milwaukee County prosecutor. Hector de la Mora, who began his career in the district attorney's office, remembers his first jury trial in the early 1970s.

Twelve members of the legislature are also members of the State Bar of Wisconsin. Two virtual "meet and greet" events helped to build relationships between lawyer-legislators, their constituents and colleagues.

Now through June 2022, new donor contributions to the Wisconsin Law Foundation will be doubled, thanks to a generous pledge from the Kevin & Roseann Lyons Fund with the Greater Milwaukee Foundation.

In this video interview, Stacie Rosenzweig – an attorney with Halling & Cayo S.C. – discusses legal blogging, how she got started, and what keeps her going.

After a client's divorce, can I represent that client in an estate planning matter if I previously represented both former spouses together on an estate plan?

The 2021 Wisconsin Solo & Small Firm Conference (WSSFC) features a hybrid model, giving you the flexibility to choose the type of attendance that best fits your professional and personal needs.

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 2021 John Lederer Service Award. Nominations are due Sept. 10.

Registration is open for the 40th Annual Family Law Workshop. This year's event on Aug. 5 and 6 will be held virtually, and features the latest issues in the family law.

Are you a new lawyer who works with the underserved in Wisconsin? The Wisconsin Law Foundation provides grants 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. 20.

Thanks to a team of Wisconsin lawyers, you can now take a walking tour in Janesville that follows in the footsteps of Lavinia Goodell, Wisconsin's first woman lawyer.

A selection of recent Wisconsin case verdicts are shared below.

State Bar members are invited to attend 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.

Marquette University History Professor Alan Ball has a hobby that helps lawyers and the public better understand the Wisconsin Supreme Court: he researches the court’s decisions each term and publishes statistics at SCOWstats.com.

The Wisconsin Lawyers' Fund for Client Protection Committee reimbursed more than $46K to 14 victims of lawyer theft over the past year. Committee Chair Amy Wochos makes a request: Seek help when you can't properly represent your client.

Marty Greenberg brought sports law to Wisconsin and made Marquette University Law School's National Sports Law Institute one of the nation's top programs.

Searching for liens is a necessary and important step in financial legal research. Learn more about the best ways to seek out information on these types of claims.

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.

The popular Annual Indian Law CLE returns in August as a virtual webcast seminar. Reserve your spot today to learn more about the broad field of Indian 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 2021-22 Leadership Academy by Sept. 13.

The state supreme court issued three 4-3 decisions in Fourth Amendment cases, providing insights on how the new court will approach these issues moving forward.

Although pen-and-paper contracts are hardly extinct, the pandemic has accelerated the evolution toward electronic-only business transactions. Jennifer Budzien outlines the laws, requirements, and challenges.

Mediations and arbitrations using a virtual platform became necessary during the pandemic. Unexpectedly, they proved to be more than that. David E. Jones discusses the pros and cons of using a virtual platform for mediation and arbitration.

Twelve members of the legislature are also members of the State Bar of Wisconsin. Two virtual "meet and greet" events helped to build relationships between lawyer-legislators, their constituents and colleagues.

Recent surges in material prices have caused many construction industry participants to question their rights and remedies under their contracts as well as change their future contracts to address substantial price increases. Brian Zimmerman discusses the recent price increases and the contract clauses implicated thereby.

Bias is just as much about people judging you, as it is about you judging others, writes Michael Yang. This insight can be the key to understanding why anti-bias training is critical to all lawyers.

The Wisconsin Department of Children and Families recently promoted a new child welfare initiative that focuses on prevention and keeping families together. Azucena C. Guizar discusses the need to reach out to immigrant families in particular.

In this video interview, Stacie Rosenzweig – an attorney with Halling & Cayo S.C. – discusses legal blogging, how she got started, and what keeps her going.

They used to call him "Hector the Protector" during his days as a Milwaukee County prosecutor. Hector de la Mora, who began his career in the district attorney's office, remembers his first jury trial in the early 1970s.

James Spella of West Bend, recognized as an outstanding mentor by the State Bar of Wisconsin Young Lawyers Division, talks about why mentoring is so important to the legal profession: "Mentoring allows us to 'raise the Bar.'"

More than 40 blogs are now on WisLawNOW, creating content in different practice areas and providing timely information on legal developments. Are you on the list?

Thanks to a team of Wisconsin lawyers, you can now take a walking tour in Janesville that follows in the footsteps of Lavinia Goodell, Wisconsin's first woman lawyer.

After a client's divorce, can I represent that client in an estate planning matter if I previously represented both former spouses together on an estate plan?

A selection of recent Wisconsin case verdicts are shared below.

Now through June 2022, new donor contributions to the Wisconsin Law Foundation will be doubled, thanks to a generous pledge from the Kevin & Roseann Lyons Fund with the Greater Milwaukee Foundation.

Are you a new lawyer who works with the underserved in Wisconsin? The Wisconsin Law Foundation provides grants 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. 20.

Now through June 2022, certain donor contributions to the Wisconsin Law Foundation will be doubled, thanks to a generous pledge from the Kevin & Roseann Lyons Fund with the Greater Milwaukee Foundation.

State Bar members are invited to attend 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.

Registration is open for the 40th Annual Family Law Workshop. This year's event on Aug. 5 and 6 will be held virtually, and features the latest issues in the family law.

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 2021 John Lederer Service Award. Nominations are due Sept. 10.

The 2021 Wisconsin Solo & Small Firm Conference (WSSFC) features a hybrid model, giving you the flexibility to choose the type of attendance that best fits your professional and personal needs.

A series of digital data discoveries implicated Steven Burch in a murder case. Recently, the Wisconsin Supreme Court rejected Burch’s claim that police obtained the digital data in violation of his Fourth Amendment rights.

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

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

Want to review a book? Request one from us!

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

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

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

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

Roy Evans suggests we forget about the nostalgia of getting back to normal and embrace the reality that our future rests in a new normal and our abilities to adjust and embrace it.

In football, often the best defense is a good offense – protect the ball, protect your quarterback. Christopher Shattuck says this axiom is also true when it comes to protecting your sensitive data.

Bill Thedinga explains changes to Wis. Stat. chapter 185 that clarify how cooperatives can authorize conducting meetings without in-person attendance.

When personal circumstances overwhelm, things can go sideways quickly for even the best-intentioned lawyers. Tom Watson says seeking help can hasten a return to better functioning, personally and professionally.

Dean Dietrich says a major consideration when communicating with a client about a mistake is the nature of the mistake and the effect it might have on the success of the representation.

The Wisconsin Supreme Court's original jurisdiction is broad, allowing it to hear matters without them going through lower courts first. Skylar Reese Croy argues this benefits state residents.

Larry Martin reminds that, as communications director Joyce Hastings retires, the State Bar is not a faceless institution, but one made up of people with passion for what they do to serve others.

The Biden administration is pursuing a human rights-focused foreign policy, which will affect Wisconsin businesses engaged in international trade. Read how companies can protect themselves from the increased trade measures ensuing from this policy shift.

When oil and gas prices plummeted during the COVID-19 pandemic as countries went into lockdown, companies began invoking force majeure clauses to change obligations under their contracts. Katherine Plachta discusses the debate surrounding COVID-19 as a force majeure event.

Years of government service have taught Cheryl Daniels the importance of bringing people together to find good solutions. She'll put her experience and skills to good use moving the State Bar forward as the pandemic diminishes.

Wisconsin's regulation of knives has changed in recent years, especially regarding concealed carry, persons with prior felony convictions, and possessing knives in government buildings like courthouses.

Is it time to reassess the Adoption and Safe Families Act requirement for termination of parental rights once a child has reached a total of 15 months in foster care? Lisa-Marie Line discusses the time limit and reasons why it may not be long enough to allow family reunification.

Claims for ERISA disability insurance benefits due to COVID-19-related disabilities are heavily scrutinized by plan administrators and insurance companies, often resulting in their denial. Jessa Victor discusses how to best navigate claims for such benefits, including those based on an employee’s inability to work due to the pandemic.

The Wisconsin Supreme Court recently held (4-2) that the state’s Department of Natural Resources (DNR) erroneously interpreted the law in concluding that it had no authority to consider the environmental impacts of high-capacity wells.

Government Relations Coordinator Lynne Davis gives an overview of the State Bar of Wisconsin's lobbying program and how policy positions are selected.

Divisive mergers have been available in some states since 2006. Jim Phillips discusses how divisive mergers provide a unique way to separate operations into discreet business entities by operation of law, rather than using bills of sale, deeds, and assignments.

Although the nature of legal practice during the pandemic proved to be challenging for all, Timothy Verhoff reflects on some systemic changes implemented that could have a positive, lasting impact.

The family cabin is often one of the family’s most cherished assets, and protecting it from devastating long-term care costs requires advance planning. Corinna Martell discusses the benefits of using a family LLC to protect family property.

A selection of recent Wisconsin case verdicts are shared below.

On June 21, 2021, Joseph R. Laumann filed a petition for reinstatement of his Wisconsin law license. The Office of Lawyer Regulation (OLR) will investigate Laumann’s eligibility for reinstatement of his license and assigned OLR Matter No. 2021MA702 to its investigation.

On June 9, 2021, the State Bar Board of Governors approved bylaw amendments to Article I Membership: Section 1 Membership Register and Article II Officers Section 3 Election of Chairperson of the Board of Governors.

As a new lawyer, you face the challenges of transitioning from law school to practice. Where do you turn? Riley Leonard shares four resources he used to succeed at his first tasks as a young lawyer.

Receiving a notification of a trust accounting error is a truly unpleasant experience. Common mistakes can be avoided by understanding the practical and ethical requirements of the Supreme Court Rules concerning trust accounting. Travis Stieren, Office of Lawyer Regulation Trust Account Program Administrator, discuss strategies for addressing common violations.

Concurrences and dissents leave clues on where a decision might fall if the Wisconsin Supreme Court was deciding the merits of the case.

The Wisconsin Supreme Court invites you to help identify the critical issues within Wisconsin’s court system. The deadline to complete survey the survey is July 20, 2021.

Page Turner shares the features and benefits of Mental Health Law in Wisconsin, a new publication from State Bar of Wisconsin PINNACLE.

From the Americans with Disabilities Act to the Rehabilitation Act of 1973 and a variety of Wisconsin statutes, there are many resources that define and outline the rights of those with disabilities. This is a guide to online resources for those researching disability cases.

On the board of directors of the LGBT Bar Association of Wisconsin, Angela Harden has a passion for the law and its ability to shape cultures, communities, and lives for the better. Find out more about Harden and the association.

Wisconsin Supreme Court says state's implied consent law is unconstitutional, cannot be used on its own as a basis to draw blood from suspected drunk drivers who become incapacitated.

What does a good romantic comedy have in common with running a small business? Stephanie Melnick talks about the lessons learned in the movie "You’ve Got Mail."

Companies are increasingly implementing Environmental, Social, and Governance (ESG) programs. Nadelle Grossman discusses the rise of these programs, the reasons to implement them, and ESG program legal requirements.

Attorneys practicing public interest law may frequently hear this question from a client. Kate Cook discusses ways to respond – and how that response can build a more trusting relationship with your client.

The Wisconsin Supreme Court has unanimously ruled that statements made during a post-polygraph interview with a suspect were admissible as evidence, concluding the defendant voluntarily made the statements without police coercion.

Lawyer-legislators are a vitally important voice within our democracy. The State Bar of Wisconsin invites you to join your colleagues in a meet and greet with State Bar members who serve in the state legislature.

In another pandemic-related decision, the Wisconsin Supreme Court (4-3) recently ruled that the Dane County Health Department exceeded its authority when it ordered all schools, including private schools, to cease in-person instruction.

Mid-June saw major legislative developments for policies important to the State Bar, and the Joint Finance Committee has reached a final biennial budget. Here's where State Bar priorities have developed in the last two weeks.

The Wisconsin Supreme Court has issued an order with an interim rule on filing appellate court documents. E-filing is mandatory in the court of appeals, starting July 1, but mandatory e-filing to the Wisconsin Supreme Court is delayed.

To create safer workplaces, some employers are offering cash bonuses to employees who get the COVID-19 vaccine. Yingtao Ho discusses whether such bonuses may increase the employee’s liability for overtime pay.

While governed by uniform guidelines, the practice of child welfare law varies from county to county across Wisconsin. Michael Puerner discusses the role of Judicial Engagement Teams: to bring together teams of community stakeholders to identify best practices and implement positive changes in child welfare cases.

Laws and policies can do double duty to lessen climate change and also help communities prepare for natural disasters. Betsy Lawton discusses two climate mitigation opportunities to provide public health co-benefits: use of sun and shade.

Mental health law crosses many practices areas, according to Amanda Pirt Meyer, co-author of a new book, Mental Health Law in Wisconsin: A Guide for Legal and Healthcare Professionals, published by State Bar of Wisconsin PINNACLE®.

At age 17, Jarett Adams – now a lawyer – was wrongfully convicted of a crime. He recently told his story at the State Bar of Wisconsin's Annual Meeting & Conference.

It happens: You spot an error made by the court in your client's case. Whether or not that error helps your client, must you inform the court of the error?

A selection of recent Wisconsin case verdicts are shared below.

On Dec. 11, 2020, the Director of State Courts filed a rule petition seeding to amend Supreme Court Rule 70.19 and various statutes pertaining to the location of court and to the use of videoconferencing technology.

Retiring Sheboygan County Circuit Court Judge L. Edward Stengel is a recipient of the State Bar's Lifetime Jurist award. Find out more about this former Illinois farm boy whose grandmother taught him the value of education.

Celebrating a 50-year member: Reforming juvenile justice, saving the State Public Defender System, and creating a vision for Dane County are just a few of Rick Phelps' accomplishments.

The State Bar of Wisconsin‘s Annual Meeting & Conference last week brought judges, lawyers, and other legal professionals together to discuss a truly challenging year, what disruption has taught the legal profession, and other topics.

Taking the exam to become a Certified Elder Law Attorney (CELA) is a rigorous process. Greg Banchy discusses his experience becoming a CELA – and whether it is worth the time and effort.

When parties change their mind about going through with a pending divorce or legal separation, they must file a voluntary dismissal. David Karp talks about the two different ways that a family law action may be dismissed.

Cheryl Furstace Daniels has spent her entire career as a government lawyer, and now she’ll spend the next year governing the State Bar of Wisconsin. Daniels was sworn-in yesterday evening as the State Bar’s 66th president.

The board also discussed a proposed petition to add an anti-discrimination provision in the Wisconsin Rules of Professional Conduct, among other actions.

Summer has arrived in Wisconsin as the legislature works to prepare a final budget for passage. This update reviews the bills and budget priorities of the State Bar, including civil legal aid funding, expungement, and law enforcement reform.

As workplaces open up after pandemic closures, COVID-19 long-haulers re-entering the workforce face new challenges. Summer Murshid discusses the challenges for employees as well as those faced by their employers.

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

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

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.

Eighteen states and the District of Columbia have now legalized cannabis, and Gov. Evers has proposed that Wisconsin do likewise. Alexander (Sandie) Pendleton discusses the issue and its potential impact on rural communities in the state.

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.

During crises, lawyers should take a page from NASA. Instead of being overwhelmed by the negatives, Emily Kelchen urges figuring out what we already have that is good.

Mason Higgins explains why advocacy training programs, like the U.W. Black Law Students Association participation in mock trial and moot court programs, deserve support.

A Milwaukee man challenged a property tax assessment, arguing the assessed value should be zero since contamination rendered the property unmarketable. Recently, the Wisconsin Supreme Court (4-3) disagreed.

Sheila Reiff and Marcia Vandercook explain appellate eFiling, which begins July 1 in the Wisconsin Court of Appeals. If you're familiar with circuit court eFiling, you'll find the appellate eFiling system familiar and easy to use.

Tom Watson gives tips on competently using technology to reduce confidentiality breaches and other risky practice errors.

Withdrawal from representation is a viable alternative for lawyers who are concerned about their own medical conditions and the potential effects of COVID-19, says Dean Dietrich.

Anderson Gansner says lawyers who practice primarily in Wisconsin state courts can learn from their counterparts with federal-court practices, and vice versa.

Nikki Yang grew up in the province of Anhui, in eastern China, and now practices law with a small firm in Madison. She was drawn to Wisconsin by the U.W. Law School's faculty and learning environment.

Rather than dwell on the difficulties we all faced in this COVID year, Larry Martin focuses on our successes, resilience, and ability to face our challenges together, though physically apart.

For the first time, all State Bar elected officers will be women. As Kathy Brost explains, this didn't "just happen." It takes an ongoing commitment to bring diverse voices to the table.

Every professional sports team depends on talented people both on and off the court. Mike Sneathern is one person helping the Milwaukee Bucks succeed and thrive, in his role as Bucks' chief legal officer.

Claims alleging injury from vaccines must be brought in specialized federal tribunals. Learn about the current legal treatment of vaccine injury claims, including claims related to COVID-19 vaccines, and the statutory processes applicable to them.

Damage caused by defects that a home's seller knew about but did not disclose can be a nasty surprise. Sellers, buyers, real estate agents, home inspectors, and contractors all have responsibilities to look closely and carefully at any property whose purchase they are involved with.

The Office of the Inspector General’s first Special Fraud Alert in six years highlights a growing concern about sponsored speaker programs and the potential implications for fraud and abuse actions under the anti-kickback statute. Leah Ruedinger discussesthe implications of this Special Fraud Alert.

The decision to put a child in adult criminal court should require a deliberate decision on the part of the judge, writes Alaina Fahley, who discusses the current reverse waiver proceeding to return youth to the juvenile justice system.

Legislation to reorganize Wis. Admin. Code ch. DCF 150 and eliminate new family support orders will become effective this year. Jill Mueller explains the changes to DCF 150 that make the shared placement calculation the primary method of calculating support.

Take advantage of the biggest educational and motivational event of the year: The State Bar of Wisconsin Annual Meeting & Conference (AMC) next week, June 10-11. Reserve your spot today for this virtual event.

The Wisconsin Supreme Court recently issued pandemic-related orders, including one that “no longer requires that personal masking, social distancing, and sanitizing court facilities be part of any plan for circuit court and municipal court proceedings.”

Don't miss the 40th Annual Family Law Section Workshop, which will take place virtually, August 5-6, 2021.

The Court no longer requires that personal masking, social distancing, and sanitizing court facilities be part of any plan for circuit court and municipal court proceedings approved by the chief judge of the applicable judicial district.

A selection of recent Wisconsin case verdicts are shared below.

Congratulations, new lawyers! There's still a lot to learn – so here are resources that law librarians say every new lawyer should know about.

Members should have received FY 2022 statements for Wisconsin Supreme Court assessments and State Bar of Wisconsin membership dues. Be sure to take advantage of your member benefits.

Retiring Dunn County Circuit Court Judge Rod Smeltzer is a recipient of the State Bar's Lifetime Jurist award. How did this former dairy farmer end up serving on the bench for 24 years?

The Vietnam War continued overseas and protests mounted here in the states as the classes of 1970 and 1971 entered the legal profession. Now, they celebrate 50 years.

Rollbacks in 2020 of federal protection of waterways and wetlands under the Clean Water Act left millions of wetland acres in Wisconsin vulnerable to development. Michael Cain discusses a collaboration by Wisconsin’s Green Fire and The Nature Conservancy

Spending half their law school years in a pandemic, 158 members of the Class of 2021 from Marquette University Law School celebrate their final steps to becoming a lawyer in Wisconsin. Congratulations, and welcome to the State Bar!

The Wisconsin Supreme Court has ruled that an employee who attempted suicide cannot file a tort action for negligence against his employer’s insurer because the state worker’s compensation law provides the exclusive remedy.

A man who was patronizing the Saukville tavern where he worked does not have immunity from liability after he physically ejected a drunk patron and caused severe injuries, the Wisconsin Supreme Court has held.

Two packages of bills on law enforcement reform were introduced in the legislature this session. The State Bar is supporting several of these bills, some of which were recently approved by the Senate Committee on Judiciary and Public Safety.

Wisconsin's Public Trust Doctrine offers unique protections for Wisconsin's waterways. Andrew Morgan discusses the application of Wisconsin's Public Trust Doctrine to the state's surface waters.

In complicated cases, neutral evaluations may be a better method of dispute resolution. Roy Wagner discusses when and how to use this close cousin of mediation.

On May 17, the State Bar of Wisconsin welcomed 148 new Wisconsin lawyers – graduates of the University of Wisconsin Law School. All of them overcame the challenges of law school during a pandemic, and are just starting their legal careers.

What’s the best method to calculate an equitable adjustment when a contractor encounters a differing site condition? Brian R. Smigelski outlines the hierarchy of methodologies utilized in Wisconsin.

From religious freedom and freedom of speech to the Fourth Amendment and eminent domain, the U.S. Supreme Court is expected to release all decisions by next month.

A public hearing will be held before Referee Joseph D. Jacobson on the petition of Donald J. Peterson of Fitchburg, to reinstate his Wisconsin law license.

Upon the Wisconsin Supreme Court’s own motion, the court amended the comment to SCR 10.03(4) reallocating distribution of the $250 application fee for admission pro hac vice.

Join the celebration on June 9, 2021, as Cheryl Daniels is sworn in as the State Bar's 66th president. Daniels, who will take office July 1, will be sworn in via video conferencing.

Because of the sensitive information that law firms hold, they are often targets for data breaches. That's why it's important to stay up-to-date on the latest scams, says State Bar Law Practice Assistance Manager Christopher Shattuck.

From religious freedom and freedom of speech to the Fourth Amendment and eminent domain, the U.S. Supreme Court is expected to release all decisions by next month.

A selection of recent Wisconsin case verdicts are shared below.

Renee Nawrocki is president of the Association for Women Lawyers (AWL), an organization that boosts the careers of women lawyers in Wisconsin.

The Wisconsin Supreme Court has concluded that proposed procedures for anticipated redistricting litigation ”are unlikely to materially aid this court’s consideration of an as yet undefined future redistricting challenge.”

Does signing a noncompete agreement violate ethics rules? If I am forced to sign one to keep my job, what should I do?

They are members of the legal community who make a difference – by mentoring others, offering their services in pro bono work, leading the way in bettering the practice of law in Wisconsin – in 2020 and over the length of their careers. We congratulate these 18 award recipients, offer them a round of applause, and look forward to celebrating with them.

Waukesha County Circuit Court Judge Ralph Ramirez is the State Bar of Wisconsin's recipient of the 2021 Judge of the Year Award. As a grandson of migrant workers and the first lawyer in his family, Judge Ramirez says there is both an art and a science of the bench.

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

The Office of Lawyer Regulation (OLR), an agency of the Wisconsin Supreme Court, provides discipline summaries for educational purposes.

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

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.

Alex Lodge finds hope and inspiration in the collective work and responsibility we all witnessed in the wake of George Floyd's murder.

James Pearson explains that if your law firm uses an on-premises Microsoft Exchange Server, the firms' data, including that of clients, might be accessible to hackers.

Are you unhappy about your current career path but nervous about going into a "great unknown"? Barbara Zabawa made the switch to solo practice; she offers tips to ease the journey.

Dean Dietrich says calls to and from the State Bar of Wisconsin's ethics, practice management, and lawyers assistance programs are private and confidential.

Julie Bonasso says there is not one source of feeling good, but there is a common path to finding well-being: looking within ourselves.

The Annual Meeting & Conference is back in a virtual format, says Larry Martin, and it's packed with high-quality CLE and opportunities to connect.

Kathy Brost says the first step to countering negative biases is understanding that you and everyone else has them.

Pretrial programming reduces reliance on cash bail to ensure conditions of release. The author discusses results from pilot projects in Wisconsin that demonstrate the benefits to communities statewide.

The U.S. Census is conducted every 10 years and, like clockwork, redistricting battles follow. Here is a brief history of redistricting in Wisconsin and what to expect once the 2020 census data is in.

Carbon farming ideas and infrastructure are cropping up at the state and federal level. Jane Landretti discusses how policies and private interests are sowing seeds for infrastructure that could transform how we think about incentives for agricultural practices that promote cover crops and healthy soils.

The Wisconsin Supreme Court recently upheld a conviction for operating or going armed with a firearm while intoxicated despite the defendant’s argument that the statute was unconstitutionally applied to him.

Joint accounts at financial institutions might be used to transfer assets at death in ways that account creators did not intend. Learn how to determine whether a joint account holder interfered with a decedent's estate planning goals by inappropriate use of the joint account.

Wisconsin lawyers share their tips for finding joy in the midst of a pandemic – and offer advice on building a strong foundation of self-care.

A recent ruling provides a hard lesson for contractors about partial lien waivers. James Thiel discusses the case and the ruling, and the lesson learned.

In the Hmong community, clan leaders participate in the mediation of divorce cases. Chue Xiong discusses the importance of clan mediation, and why it is important that attorneys participate.

The state Senate held an expungement hearing, and the legislature's Joint Finance Committee removed almost 300 items from Governor Evers proposed budget. While expected, the removal will likely only increase the divide between the Governor and GOP.

Employers using a tip credit or tip pool under the Fair Labor Standards Act (FLSA) are now subject to new regulations. Jordan Rohlfing discusses recent changes to the regulations and offers recommendations for employers.

"The focus for lawyers has really changed from what we do in terms of our legal expertise, to how we do it," says Prof. Michele DeStefano, a featured speaker at the State Bar of Wisconsin’s 2021 (Virtual) Annual Meeting and Conference (AMC), June 9-11.

A selection of recent Wisconsin case verdicts are shared below.

Take advantage of the biggest educational and motivational event of the year: The State Bar of Wisconsin Annual Meeting & Conference (AMC), June 10-11. Reserve your spot today for this virtual event.

Members will soon receive FY 2022 statements for Wisconsin Supreme Court assessments and State Bar of Wisconsin membership dues. Be sure to take advantage of your member benefits.

Wellness is more than an occasional spa treatment or that much-needed vacation. In recognition of Well-Being Week in Law this week, here are some ways your colleagues make their health a priority.

The Wisconsin Law Foundation supports programs that enhance the public's knowledge of the justice system, encourage diversity in the profession, and assist young lawyers with taking up leadership roles. Remember the Foundation on your dues statement.

On Nov. 11, 2020, Sheila T. Reiff, Clerk of Supreme Court and Court of Appeals, on behalf of the Appellate eFiling Committee, filed a rule petition asking the court to approve the use of an expanded electronic filing system for the appellate courts and to amend the rules of appellate procedure in order to implement the system, along with certain amendments related to the circuit court electronic filing rule.

As a lifetime commitment, adopting a child in the U.S. requires an attorney experienced in adoption law to guide a client through the lengthy adoption process. This guide is a quick introduction to available online adoption resources.

The Wisconsin Court of Appeals also rules that “equitable indemnification” not an appropriate remedy for spoliation under decades of Wisconsin case law.

Because of its tax-free forgiveness, Public Service Loan Forgiveness (PSLF) borrowers can lower their monthly payment by maximizing their retirement contributions. Bradley Yanke discusses this way to lower PSLF monthly payments.

The City of Madison’s bird-safe glass ordinance may fly in the face of the state of Wisconsin’s Uniform Commercial Building Code (Uniform Code). John Schulze discusses the ordinance and its challengers.

The Wisconsin Supreme Court has unanimously approved Rule Petition 20-07, introducing a comprehensive system of electronic filing for the Wisconsin Court of Appeals and Wisconsin Supreme Court.

The Wisconsin Supreme Court (7-0) ruled that the circuit court did not err when it set an exercise price that was higher than an expert's appraised value.

What’s it like to argue a case before the Seventh Circuit – via Zoom? In October 2020, Milwaukee attorney Nick Zales did just that, and discusses just what it was like to embrace the appellate Zoom experience.

In determining whether to order third-party visitation, a court must analyze the visitation request based upon the child’s best interest, giving special deference to a fit parent’s determinations as to what visitation is appropriate.Wisconsin Legislative Council Information Memorandum.

The recent 2021 National Trade Estimate Report on Foreign Trade Barriers reveals important insights regarding U.S. trade policy focus under the Biden Administration. Ngosong Fonkem discusses the report and why U.S. companies with footprints in China should be on alert.

This year's budget process is shaping up to be a little different than previous sessions. Gov. Relations Coordinator Cale Battles gives an update on the budget and shares ways you can reach out to your lawmakers on issues important to the legal community.

Margaret Wrenn Hickey of Becker, Hickey & Poster S.C., Milwaukee, 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 2021-22.

Abigail Hean discusses the “child welfare to juvenile justice to adult prison pipeline” – the failure of these systems to adequately address the needs of the youth they serve, ultimately causing more harm than good.

Legal language creates barriers to understanding. Mary L. Ferwerda discusses how incorporating concepts of “plain language” into dispute resolution documents, such as agreements to mediate and the resolution agreements, can improve parties’ understanding and compliance with the stated terms.

The intersection of Wisconsin workers' compensation and third-party liability is more common than you may think. Matthew Lein discusses background on third-party negligence claims and how third-party awards are split.

Justice Ziegler takes over May 1 for Chief Justice Patience Roggensack, who did not seek reelection as chief justice but will remain on the court.

What's in a firm name? Can a solo attorney use "firm" in their business name? What about "and associates"? Can two lawyers sharing office space use the same firm name?

Atty. Ellen "Ellie" Krug discusses how changing genders affected her ability to fit in and gave her new perspective on the obstacles that women face in social interactions and in the workplace.

n April 2, 2021, Daniel Parks filed a petition to reinstate his Wisconsin law license.

On March 24, 2021, Jean M. Robinson filed a petition for reinstatement of her Wisconsin law license.

On Dec. 10, 2020, the Director of State Courts' Records Management Retention Subcommittee filed this rule petition, asking the court to amend sections of SCR 72.01 and SCR 72.03 to alter certain retention periods for various types of records.

A selection of recent Wisconsin case verdicts are shared below.

Who is embracing current challenges, looking for opportunities to do it better? Tell us about the people and ideas that are changing Wisconsin's legal landscape.

It doesn't take much to effect real, positive changes in your personal and professional life. Find out more with tips, resources, and other helpful items during Well-Being Week In Law, May 3-7, 2021.

The State Bar of Wisconsin's Board of Governors last Friday discussed a proposal to require at least two of 30 CLE credits per reporting period on topics of racial bias and other issues that promote education on diversity, equity, and inclusion.

Wisconsin’s unemployment hearing backlog seems overwhelming, and the low win rate could mean financial catastrophe for claimants, says Victor Forberger. Lawyers are needed to help them –here is where and how to get involved.

A member of the State Bar's Board of Governors voiced concerns about holding an upcoming board meeting in Kenosha. After discussion, the board will visit Kenosha as planned.

On April 7, State Bar President Kathy Brost and President-elect Cheryl Daniels testified in support of a bill to reform Wisconsin's restrictive expungement laws with changes that would expand eligibility for one-time, non-violent offenders.

Ruling on a moot issue that will only guide future action, the Wisconsin Supreme Court has confirmed, once again, that a statewide emergency order limiting capacity at restaurants, bars, and other indoor facilities was invalid and unenforceable.

This month, the 21st Century Cures Act Information Blocking Rule took effect. Jonathan Klock provides a brief overview of the rule, key exceptions and tips for compliance, and helpful resources for more information.

The State Bar of Wisconsin welcomes Chief Justice Annette Ziegler as she begins her term as leader of the Wisconsin court system.

Reporters from the MacIver Institute for Public Policy sued Wisconsin Gov. Tony Evers, alleging they were denied access to a press event because of their organization’s viewpoint. Recently, a federal appeals court rejected that claim.

Events of the past few years in the U.S. bear a disturbing resemblance to events of the Roman Empire before its fall, says Myron LaRowe, including polarized politics and civil unrest. What are the lessons to learn from the past?

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.

While some of Ashley Smith's coping mechanisms during this pandemic weren't as productive as others, many were therapeutic and fostered resiliency.

One activity not slowing down during the pandemic is online scamming and hacking. Tom Watson says law firms often are targets, but there are ways to reduce the risks.

Having served as a poll worker during the 2020 and February 2021 elections, James Santelle saw firsthand the power of the pen and of the ballot.

Dean Dietrich says clients can waive conflicts of interest before they occur, but for the waiver to be effective, the client must understand the specific risks involved.

For cyber insurance, different businesses face different risks based on how they use technology. Lora LoCoco and David Princeton provide ways lawyers can guide clients toward appropriate policies.

Get the full value of your State Bar membership. Larry Martin urges you to use the programs, products, services, and discounts created with your professional and personal needs in mind.

Kathy Brost encourages you to contact your legislators in support of the State Bar's efforts to improve our justice system.

Lawyers and judges have an obligation to speak truth and combat disinformation that targets the justice system. The author provides suggestions for how to do so.

Read how Abraham Lincoln prevailed in a major property dispute against one of Wisconsin's greatest lawyers and eventually gained an important ally to his presidential administration.

In 2020, issues of how elections are conducted riveted public attention. The author summarizes the litigated issues that occurred in Wisconsin in 2020 and early 2021 and identifies key targets of challenges to voting laws and elections going forward.

Although lawyers' work locations may have changed as a result of the pandemic, their professional responsibilities have not. Read new State Bar ethics opinion EF-21-02, which addresses the practical and ethical considerations of working remotely.

The state election laws require municipal clerks or municipal election commissions to change the registration status of electors who may have moved, not the Wisconsin Election Commission (WEC), the Wisconsin Supreme Court has ruled (5-2).

Disabled individuals rely on public benefits that are often determined by a computer program rather than a person. Julia Veenendaal discusses computer-automated decision-making and a case study involving due process challenges to Medicaid benefits software.

Elisabeth Stockbridge discusses efforts to address racial disparities and incarceration among emerging adults in Wisconsin.

How would a human rights-centered foreign policy impact U.S. businesses engaged in international trade? Ngosong Fonkem discusses compliance challenges and how companies can protect themselves from the inevitable increased trade measures that would ensue ensue from the policy shift.

U.S. Supreme Court may decide whether the NCAA's eligibility and compensation restrictions violate antitrust laws.

Keith Findley is a law professor at U.W. Law School and senior advisor to the Wisconsin Innocence Project. He was also co-chair of the Madison Police Body-Worn Camera Feasibility Review Committee, which recently released a final report with recommendations for the City of Madison.

A selection of recent Wisconsin case verdicts are shared below.

Bryant Park is president of the Wisconsin Asian American Bar Association (WAABA). Find out more about Park and the association that supports Asian American lawyers in the state.

As vaccines increase and COVID-19 cases trend down, "normalcy" comes into focus. But lawyers will continue to use the tools that helped them through this pandemic.

Boilerplate objections in response to written discovery requests in civil cases cause undue delay, excessive costs, and needless consumption of time, say Ralph Tease and David Blinka. Wisconsin courts should not hesitate to sanction those who use boilerplate objections to evade discovery obligations.

You need to survey multiple states and jurisdictions on a particular topic of law, but the task seems daunting. Law librarian Laura Olsen provides tips on where to begin and where to go next – and lists the resources that can save you time and provide a comprehensive result.