News & Pubs Archives

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Want to review a book? Request one from us!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Want to review a book? Request one from us!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Want to review a book? Request one from us!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Want to review a book? Request one from us!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Want to review a book? Request one from us!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Want to review a book? Request one from us!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

Want to review a book? Request one from us!

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

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

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

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

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

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

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.

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.

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?

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

Want to review a book? Request one from us!

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

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.

Women now represent 35 percent of the State Bar's membership. But Susan Steingass says this growth doesn't ensure gender equity or productive inclusion in the legal profession.

Marisol González Castillo gives tips for ensuring clear, adequate communication with clients who are not fluent in English or any other languages spoken by their attorney.

Paulina Fernandez says learning how to be an attorney is a process – and that includes making mistakes. She shares additional lessons learned in her first year of practice.

The Professional Ethics Committee discusses a lawyer's responsibilities if considering threatening criminal prosecution or professional discipline.

Dean Dietrich says lawyers must comply with professional ethics rules when deciding which information, such as client testimonials, to put on their websites.

Diem Nguyen says it's never too early to engage in estate planning. But it can be too late if some or all of the five types of details discussed here fall through the cracks.

Larry Martin encourages you to join the State Bar and the Wisconsin Law Foundation to support the siting of a statue of Vel Phillips on the State Capitol grounds.

Kathy Brost spotlights a program that gives corporate and business law attorneys a way to deliver pro bono legal assistance to qualifying small businesses in Wisconsin.

The author lists his top 20 developments in technology and innovation that, especially in legal practice, in our courts, and in our justice system generally, will see us into the future.

Although Wisconsin ratified the Equal Rights Amendment in 1972, the ERA has never been officially ratified, and many younger Americans might not even know of its existence. The author explores the ERA's history and looks at other efforts to achieve fuller gender equality under the law.

This article addresses donation-based crowdfunding campaigns, which may provide financial resources for individuals who might otherwise be unable to afford legal services. The ethics rules do not disallow lawyers to crowdfund, but lawyers must proceed cautiously.

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 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).

Want to review a book? Request one from us!

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.

Jerry Sternberg says providing pro bono representation is way to give to our communities and give back to the legal profession.

Tom Watson says the practice area of estate, probate, and trust law drew the most malpractice claims in 2020. Use these data to reduce your malpractice risk in this and other practice areas in 2021.

Anyone's computer data can disappear, accidentally or intentionally. Chad Post urges you to prepare for when (not if) this happens to you, by putting in place a backup system.

Larry Martin cautions that the words and rhetoric people choose, particularly those in positions of authority, indeed do matter. To think otherwise is naive.

The State Bar continues to be a good steward of organizational resources, says Kathy Brost. She highlights what the State Bar is doing to help members and the public during the pandemic.

The State Bar continues to be a good steward of organizational resources, says Kathy Brost. She highlights what the State Bar is doing to help members and the public during the pandemic.

The addition to the U.S. Bankruptcy Code of new small business reorganization provisions presents opportunities for some businesses to get out from under debt more quickly and cost effectively.

The authors discuss public health officials' authority regarding mass vaccination programs for COVID-19 and the circumstances under which individuals can object to vaccination requirements.

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.

Legal industry experts discuss national trends and COVID-19 impacts on law firm profitability, billing structures, remote work, recruiting and retaining legal talent, and more.

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 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).

Want to review a book? Request one from us!

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.

A colleague cannot recall another time in recent history when so many negative forces were working against us. And yet, our friend has reasons to hope.

A recent survey shows nearly one-third of employees would sue their employer if they contracted COVID-19 at work as a result of a coworker being sick. Erica Reib looks at COVID-related employment claims to date.

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.

John Kucinski asks, "Where does responsibility to address the problem of excessive use of force by law enforcement lie?"

Dean Dietrich cautions that using email to attack others reflects poorly on you and the legal profession.

Now that you've voted, you can turn your attention elsewhere. Right? Larry Martin says, "Not so fast."

Kathy Brost reports that in 2019 her company tested its readiness for an unlikely pandemic. Little did they know. And that's the value of planning.

One way for jurist to strike a chord with readers is to refer to resources that are familiar to the public, not only to legal professionals. Here are examples of citations to popular music in Wisconsin state and federal opinions.

Attorney fee requests might seem to rest solely on each case's facts, but some unsettled legal considerations remain. Learn both the basics and possibilities for creative arguments here.

Many children are raised by someone other than a parent either temporarily or permanently. A new law clarifies and improves the minor-guardianship process.

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 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.

Mark Goldstein believes some COVID-19-era innovations and realizations will serve us for years to come. With them come some interesting new questions.

Dean Dietrich says at least one state – but not Wisconsin – is considering proposals to allow for alternative structures for law firms, in part to increase access to justice.

During this pandemic, Christopher Shattuck hopes lawyers' gift-giving will support local businesses and nonprofits that are dealing with the financial effects of COVID-19.

Tom Watson warns that a large number of malpractice claims arise from lawyers taking on matters for which they lack experience or knowledge.

Christopher Shattuck and Spencer Smith provide tips for building and maintaining traffic to your firm's website, which is more important than ever during the pandemic.

Jessica Liebau says challenges to caregiving – in all its variations – are made worse by, but are not new to, COVID-19. And they won't be fixed simply by returning to normal.

Larry Martin wishes the season to be a time to recharge and reflect as we look to put the past in its proper place.

Kathy Brost says finding passion about work and other activities can help lawyers feel better overall, especially during the first winter holiday season of the pandemic.

The amount of solar energy being constructed in Wisconsin is increasing, thanks primarily to two factors: the rapidly declining costs of manufacturing solar panels and the availability of federal tax incentives.

The authors review eight Wisconsin federal court decisions from 2020 interpreting Wisconsin law. The decisions touch on a variety of subjects, including civil procedure, contract law, tort law, consumer law, and trade secrets law.

In its 2019-20 term, the Wisconsin Supreme Court issued decisions in 25 civil cases and 20 criminal cases. Although all those decisions are important to Wisconsin law, here is a sampling of 10 notable decisions from last term, some of which were decided pre-COVID-19 and some during the pandemic.

State Senator Fred Risser retires next month after 64 years of legislative service, making him the longest serving state legislator in state and national history. Here are some highlights of his remarkable career.

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).

State Bar of Wisconsin, July 1, 2019 - June 30, 2020

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

Want to review a book? Request one from us!

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.

Taijae Evans busts the idea that he will have limited opportunities to use his legal skills while serving as an attorney officer with the Navy Judge Advocate General's Corp.

Chris Shattuck provides useful marketing methods to help you attract new clients and retain existing ones without breaking the bank.

Ben Wright provides tips and resources for staying current in elder law once you’re out of law school and practicing in the field.

Larry Martin says the State Bar needs your help in supporting legislative efforts to reduce the cost of legal education and to provide repayment assistance programs.

For the first time ever, Kathy Brost contemplated actually being able to work in Greater Wisconsin with the use of technology. The legal work is there, but there are too few attorneys to do it.

Settlements allow creativity in developing a case-specific plan, but not all settlement negotiations are equivalent. The authors recently conducted a survey to learn more about factors that promote successful settlements. One key finding is that negotiators' skills matter.

International commercial arbitration is increasingly important for U.S. lawyers and their clients, including those in Wisconsin. A particular sticking point is discovery, procedures for which differ within and outside the United States.

Meet this year's Wisconsin Legal Innovators – forward thinkers all. Amid this year's challenges, they put in place creative solutions to address a range of issues affecting the public's access to justice.

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

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

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

Poll workers are essential to the exercise of our most important right and freedom – voting. Andrew Chevrez invites you to join him in becoming a poll worker.

The Professional Ethics Committee discusses the duties owed when a lawyer examines a current or former client as an adverse witness.

Owen Byrd says using legal analytics to access data-driven insights about trends in litigation and the behaviors of particular judges, parties, and opposing counsel gives smaller firms a competitive edge.

Kenosha lawyer and U.S. Army veteran Aileen Henry runs a small criminal defense law firm. Born in Jamaica, she learned the value of hard work and giving back to the community from her grandparents.

Remote hearings offer survivors of violence a new tool for accessing the justice system. The authors provide tips to help clients prepare for their hearings.

Members and colleagues are giving their time, talent, and treasure to help those in greater need despite the challenges they themselves face. If you are able to help others, Larry Martin says, please do so.

Kathy Brost has previewed the new virtual format and offerings for this year's Wisconsin Solo & Small Firm Conference, and she's impressed!

The preservation of electronically stored information can be expensive, time-consuming, and amenable to spoliation claims and accusations of unethical conduct. Here is a refresher of lawyer's obligations under Wisconsin's proportionality standard, and tips for efficient preservation practices that are proportional to the needs of a given case.

You can improve your chances of persuasion by making your briefs typographically superior. It won’t make your arguments better, but it will ensure that judges grasp and retain your points. Here are best practices and recommendations to help you get ahead.

Bostock v. Clayton County, Georgia ensures protection to employees nationwide and gives Wisconsin employees an alternative measure for enforcing the right to not be discriminated against on the basis of sexual orientation. Learn the differences between state and federal employment law to choose the appropriate forum in which to bring discrimination claims.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know!

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

Anza D'Antonio says each of us has the ability to make a difference in the lives of others. All we have to do is take it one bite at a time.

You don't need a major life event or wake-up call to seize the life you want. Julie Bonasso asks some evocative questions to help you get unstuck.

As the need for civil legal services rises due to COVID-19 issues, Deanne Koll urges lawyers to increase efforts to support civil legal services.

Emily Kelchen says systematically collecting and tracking where your clients come from will allow you to make smart practice decisions to grow your book of business.

Tom Watson says now is a good time to reassess your firm's working remotely practices to ensure the malpractice-related risks are low.

Gretchen Viney answers the question: Am I eligible to accept a court appointment as a GAL? This article incorporates the changes to SCR 35, effective for family court orders entered after Jan. 1, 2021.

Larry Martin says Lane Ware’s generous nature and commitment to lawyers are evident in the efforts he championed through the Wisconsin Law Foundation.

Kathy Brost says learning to use new technology is easier and there's more tolerance for errors when everyone is learning together.

Being terminated because of discrimination might be considered wrongful and provide the basis for suit against the former employer. An economist explains the methods judges and lawyers use to compute damages in wrongful-termination cases.

Since relocating from Puerto Rico to the United States, the author has worked at national, regional, and local firms of all sizes. Based on his own experiences, he shares insights and practical tips to increase diversity in law firms.

Ratification of the Marsy's Law amendment of the Wisconsin Constitution might have made fewer changes to increase crime victims' rights and left more unresolved issues than the amendment's proponents promised and its opponents feared. This article discusses what Marsy's Law means for crime victims in Wisconsin.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know.

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, and bytes in the news.

We want to hear from you! Wisconsin Lawyer provides a forum for members to express ideas, concerns, and opinions on law-related subjects. Share your thoughts!

Christa Wittenberg writes, with self-awareness and training, we can overcome the implicit biases that influence our assumptions about the people we meet.

Enduring adversity can result in greater resilience. Paula Davis-Laack explains five ways that past struggles contribute to growth.

Never in a million years did Crystal Banse think she would be participating in the criminal justice system as a victim and experiencing PTSD firsthand.

Beth Schneider Naylor provides tips to help business clients reduce the costs and liability exposure associated with fake products.

Dean Dietrich says the risk of spreading COVID-19 might be one appropriate situation for making limited revelations to people with whom the client had contact.

The State Bar is acting to ensure equal justice, but Larry Martin says we need your help. Please take a moment to reflect on what you can do, as an individual and as a lawyer.

Advocates familiar with different interpretation approaches – and which jurists favor them – can gain a distinct advantage when crafting their positions.

Several Wisconsin lawyers talk about what their firms are doing in terms of business viability during the pandemic. They say they are focused on retaining staff, improving client relations, and maintaining positive cash flow.

Kathy Brost's strategic and collaborative leadership style – as well as her years' experience as a solo practitioner and as in-house counsel – well suit her for helping guide the State Bar through unprecedented times.

Recently, millions of people across our communities have come together in an historic movement that calls for fundamental change addressing systemic racism. We asked lawyers to tell us what this moment in American racial, social, and legal justice reform means to them.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know.

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

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, and bytes in the news.

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

Clyde Tinnen suggests a few things to keep in mind when facing an uncertain future.

Deanne Koll says we might not achieve actual “balance,” but if we shift our expectations, we might be happier about our choices.

Chad Post explains how end-to-end service providers use mathematically linked keys to provide an extra level of security to protect users' data.

Tempers might be short because of the pandemic, but Dean Dietrich says lawyers still are expected to behave professionally.

In this article, Melodie Wiseman provides tips on how law firm supervisors can manage a remote workforce.

Carol Wessels and Michelle Putz discuss how more vulnerable people needing care and fewer people to provide it will affect the future of assisted living.

John Finerty Jr. says Wis. Stat. section 803.07 should allow for the mandatory discharge of third-party holders of funds from litigation over disputed fund ownership and distribution.

Appleton lawyer Cody Splitt, at nearly 101, was born in the midst of a previous pandemic. She reflects on a century of adventures.

Larry Martin believes it is a good time to pause and reflect on the vital role played by the legal profession in ensuring essential liberties for our communities.

Jill Kastner says recognizing lawyers who attain milestones helps everyone seeking to overcome obstacles personally and in society as a whole.

Whether and how to respond to elder abuse is not always obvious. Learn more about the role of Wisconsin’s APS agencies in providing expert, compassionate services when elder abuse allegedly has taken place.

Wisconsin has a reputation for being in the top five states for human sex trafficking. The court system, with its presence in every Wisconsin county, is well placed to become more involved in combatting this problem.

The authors identify practice areas in which cases related to the COVID-19 outbreak have been or are likely to be brought, including employment, consumer, personal injury, and insurance law.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know.

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

In this column, Prof. Daniel D. Blinka and Prof. Thomas J. Hammer summarize select published opinions of the Wisconsin Court of Appeals.

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, and bytes in the news.

Here are the Communications Committee's annual top 2019 articles, recognizing writing excellence in Wisconsin Lawyer articles. The top article receives the Hon. Charles Dunn Author Award.

Kim Lechner says the legal profession is not immune from workplace violence. She urges colleagues and future lawyers to talk about the issue.

Sharon Nelson and John Simek say Zoom is a good video conferencing solution for lawyers as long as they learn how to use it properly. Read how.

Ben Wright interviews elder law practitioners about their work, the challenges and rewards of their chosen focus area, and their tips for getting started in the field.

The Professional Ethics Committee discusses a lawyer's responsibilities when a grievance is filed against the lawyer.

Dean Dietrich says lawyers probably have an ethical obligation, at a minimum, to use AI tools such as public databases for research.

While your legal advice is important in times of crisis, Kevin Palmersheim reminds that isn't the whole story. The intangible benefits you provide to clients also is essential, as is taking care of yourself.

Compared to a random approach in assigning opinion writing, Ryan Owens says data show that requiring the senior most justice in the majority to assign an opinion can enhance the clarity of the law.

Larry Martin says the State Bar is here to support lawyers and state residents during the COVID-19 pandemic.

If it's true that "We're all in this together," then let's make certain we're doing what we can to help each other. Jill Kastner offers some ideas to do just that.

Whether or not mistreatment of an employee is unlawful, such conduct can have negative effects in the workplace. Taking action to prevent bullying and harassment promotes a positive work environment that benefits employers, staff, customers, and clients.

The SECURE Act, enacted in late 2019, made significant changes to treatment of certain retirement accounts. Lawyers should become familiar with the Act now so as to advise clients to make appropriate changes to retirement and estate plans.

Businesses negatively affected by COVID-19 might attempt to avoid contractual obligations, but not every contract can or should be negated. Clients should consider both the relevant contract-law issues and the potential harm to future business relationships.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know.

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

Want to review a book? Request one from us!

Interesting facts, trends, tips, bits and bytes in the news. Send us your ideas for interesting facts, trends, tips, or other bits and bytes.

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

Cynthia Herber shares a lesson from a client: Everyone, including lawyers, should learn to be kind to themselves.

Deanne Koll asks if lawyers are products of law school and the lawyering process. Or, are lawyers drawn to this profession because of their inherent characteristics?

Every lawyer makes mistakes occasionally, but hindsight can help reduce the likelihood of malpractice-level errors. Tom Watson says bankruptcy/collections, estate/probate/trust, plaintiff's personal injury, real estate, and family law drew the most malpractice claims in 2019.

Gretchen Viney looks at a Dane County program that has a solution that other communities could replicate. The NewBridge Volunteer Guardianship Program provides trained guardians free to Dane County residents. Here's how it works.

Testimonials and reviews can be a powerful way to attract and retain clients, but Aviva Kaiser reminds lawyers to exercise caution to comply with the ethics rules.

Aaron Loudenslager says lawyers should be prepared for the court to independently determine whether there is no genuine issue of material fact with regard to each party's separate motion for summary judgment.

Larry Martin says "The History of Wisconsin's Black Lawyers," a new publication from the Wisconsin Association of African-American Lawyers, captures the struggles and successes of 11 black lawyers who came before us.

We can't always predict where or when emergencies will occur, but Jill Kastner says a new law-practice self-assessment tool can help lawyers prepare for the unknown.

Despite constitutional, statutory, and case law civil-rights protections, sex discrimination and sexual harassment continue to occur regularly in workplaces. This article discusses the causes of action, remedies, and defenses available for sex discrimination claims in Wisconsin.

Lawyers can help older individuals and their families by advising on selection of a long-term care facility and encouraging residents and family members to monitor the quality of care received in facilities.

A day does not go by without new, often menacing, developments regarding the COVID-19 pandemic. State and federal governments have strong tools to attempt to counter the pandemic, but individuals retain some due-process protections against potential overreach by elected and appointed officials.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know!

The Office of Lawyer Regulation 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 D. Blinka and Prof. Thomas J. 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. Send us your ideas for interesting facts, trends, tips, or other bits and bytes.

T.R. Williams explains that her job changes center on her desire, her drive, and her pursuit of knowledge, challenge, and experience.

Only 49 percent of law firms say their business development is successful. Larry Bodine identifies the problem and offers eight proven strategies and tactics that work.

Tim Pierce, Keith Sellen, and Christopher Shattuck introduce a new, free, self-assessment tool that gives Wisconsin lawyers, especially those in smaller firms, a new way to measure and improve their operations, manage risk, and increase client satisfaction.

Veterinarian/lawyer Marty Greer manages both an active veterinary practice and an active law practice. We're not sure how she does it, but we know there's a corgi involved.

Larry Martin invites you to attend a celebration honoring the civic leadership of Justice Jon Wilcox and Justice Louis Butler in supporting the Wisconsin Law Foundation.

The new Lawyer Well-Being Task Force is concerned about what's ailing the legal profession. If you are, too, Jill Kastner invites you to consider volunteering for WisLAP.

In Wisconsin, two sets of courts potentially have jurisdiction over children and families. In cases involving child abuse allegations against a parent, consider the advantages and disadvantages to filing for a child abuse injunction first versus raising the allegations as part of an active family law matter. The authors discuss jurisdictional differences and areas of authority.

Representing older clients in financial abuse cases requires the readiness to act quickly but also the recognition that traditional law enforcement and judicial system responses might not be appropriate. Here are considerations and steps to take when investigating and remedying financial abuse of an elder.

In Wisconsin, financial exploitation is the largest category of elder abuse after self-neglect. This article looks at certain vulnerabilities among older clients, along with options and resources to address them, especially through drafting and statutory provisions for financial powers of attorney.

Social media has had profound effects on journalism. To prevent and control potential damage to a client, monitoring social media for reputational threats is vital. Here is a page from the author's "damage control playbook" and its five simple rules.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know!

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.

Bryant Park explains the impact mentors had on him as a law student and as a lawyer new to practice and law firm culture.

Lori Kannenberg Dorn provides tips for using statistics, such as case filing and resolution data, to make decisions about law firm business development.

Jordan Furlong predicts the rise of a new legal economy will require lawyers to review assumptions about what legal work consists of and what purpose it serves.

A close personal relationship with opposing counsel might not require a client’s consent to the representation, but Dean Dietrich says disclosing that information could be a best practice.

Chad Post gives tips on the remedies available in civil court to a victim of nonconsensual pornography.

Larry Martin says lawyers have a unique perspective on the effect potential legislation can have in shaping and influencing society.

Jill Kastner prioritizes diversity and inclusion because implicit bias is a very real problem that adversely affects our entire system of justice.

When considering the value of power of attorney documents as protections against elder abuse, it is important to keep in mind that for both health-care and financial POAs, the principal typically retains considerable autonomy.

Health-care and financial powers of attorney protect the people for whom they are created, not deprive them of autonomy and decision-making authority. Learn how to help older clients by crafting and using POA documents appropriately. These articles on POAs continue the series on protecting older clients.

In legal technology, it was a decade of tumult and upheaval, bringing changes that will forever transform the practice of law. Here are the most significant developments.

Wisconsin lawyers talk about how the economy is affecting their practices and how they're meeting those challenges, whether by taking on new roles or practice areas, streamlining practice management procedures, or better communicating their value to clients.

Legal industry experts highlight national trends, including business development, meeting client needs, recruiting talent, and technology. Wisconsin lawyers can use this information to build momentum in 2020.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know!

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

Want to review a book? Request one from us!

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 says be kind, every day. People will remember how you made them feel when you spoke to them.

The top reason lawyers leave the profession is the lack of mentoring from more experienced colleagues. Stacy Alexejun says using these seven guidelines can help stop the brain and talent drain.

Aly Lynch compares the most well-known smartphone models and some lesser-known rivals competing for consumers' attention.

Dean Dietrich says if you are aware of a colleague's possible impairment that interferes with that lawyer's ability to work and serve clients, you have resulting ethical duties.

Larry Martin says the State Bar has managed to the bottom line in each of the last two budgets without making draconian mid-year cuts to services and has added modest amounts to reserves.

Gretchen Viney introduces a series of articles that focus on the many ways lawyers can help older clients avoid or end elder abuse.

This New Year, Jill Kastner suggests making a resolution that will help your personal well-being so that you will be healthier and happier.

Two U.S. Circuit Courts of Appeal recently upheld a literal interpretation of the federal removal statute, allowing home-state defendants to remove cases from state to federal court because they did so before they were served.

The electronic device used to access social media might not physically resemble a city park or an auditorium, but if you're a government official, your social media site may be a public forum. Learn the First Amendment implications of social media use.

A lawyer's powers of observation and note-taking, record-keeping, and organizational skills can go far to identify and help older clients who are vulnerable to abuse. Learn appropriate techniques to screen older clients for fraud and abuse.

This overview kicks off a series of articles that focus on how lawyers can help older clients avoid or end elder abuse. Learn how to recognize potential abuse and develop a holistic understanding of the legal needs and perspective of older clients.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know!

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

Want to review a book? Request one from us!

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

Karen McKenzie thinks diversity should be approached as a mindset through which one can appreciate the socioeconomic, cultural, and physical barriers that other attorneys have overcome.

Dean Dietrich says Supreme Court Rules do not require lawyers to report disciplinary investigations to their employers, but fiduciary duty might.

Deanne Koll says there's no wrong answer to the question of which of your life's roles you primarily identify with, as long as the response feels right for you.

Tom Watson lists the top things you can do in your everyday practice to help minimize the risk of a malpractice claim.

This new form, with mandatory use starting Jan. 1, 2020, more closely tracks the flow of buying and selling a residence. Debbi Conrad summarizes the most significant changes.

Chris Shattuck provides gift ideas that can make life easier, better, or tastier for the recipient – or you.

Danny Garcia is an "influencer," able to have a positive impact on issues he's passionate about. Read why he was recently recognized as one of the 34 most powerful Latinos in Wisconsin for 2019.

Larry Martin says contributions of time, talent, or money to the State Bar's Mock Trial Program can help Wisconsin teenagers become tomorrow's leaders.

Jill Kastner encourages lawyers to help fill the justice gap by donating time, skill, or money to one of Wisconsin's legal services organizations.

Lawyers generally should consider including certain specific topics in the agreements they use when establishing attorney-client relationships. Here are the most significant provisions, along with sample language.

This article looks at eight significant Wisconsin federal court decisions from 2019 interpreting Wisconsin law on a variety of subjects, including tort, health care, employment law, and more.

This article highlights 10 significant Wisconsin Supreme Court decisions from the 2018-19 term, during which the court issued 56 substantive decisions covering a wide range of subjects.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know!

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

Fiscal 2019 Audited Financial Results At A Glance ... State Bar of Wisconsin, July 1, 2018 - June 30, 2019

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

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Powerlifting has made Catarina Colόn a more effective advocate and helped her find her voice as a woman of color. Physical activities can help lawyers find previously unknown skills, she says.

Paula Davis-Laack discusses five skills lawyers need for a new way of leading focused on how firms are governed, innovation, economics, service delivery, legal operations, and people management.

Roy Greenberg describes ways to make the process of switching to a new computer smoother and relatively quick while reducing downtime and the risks of losing data.

Larry Bodine offers six proven best practices of blogging to get new business.

Dean Dietrich says information provided by and given to callers to WisLAP is confidential. Don't let privacy concerns interfere with seeking help.

Chad Post discusses the need for accredited attorneys to represent veterans before the Board of Veterans Appeals and explains the accreditation process. It's easy and inexpensive, too.

Larry Martin reflects on another successful year and is thankful for the opportunity to serve this profession.

If you are feeling depressed or overwhelmed, Jill Kastner says don't let pride or fear keep you from seeking treatment.

Workers' classification as employees or independent contractors affects how they are taxed and the rights they have under federal and state law. Classification and joint employment have evolved as the gig economy has expanded. But, determining who is an "employee" or an "employer" often is hard.

Wisconsin's law enforcement and justice systems have struggled to establish parameters for warrantless blood draws that promote effectiveness, consider limited resources, and protect individuals' constitutional rights. Read the status of warrantless blood draws after recent supreme court opinions.

During an outbreak of a contagious disease such as measles, public health officials primarily can respond in two ways: with vaccination and treatment and with isolation or quarantine. Individuals' constitutional rights may not be top of mind. Here is how courts may analyze the public health mechanisms available to Wisconsin officials.

Who are Wisconsin's innovators? The "That's a Fine Idea: Legal Innovation Wisconsin" initiative spotlights these risk takers who advance the legal profession with perseverance, creative thinking, and big ideas.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know!

Want to review a book? Request one from us!

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

Allison Ritter went from being a hard worker with a drinking problem to a hard drinker with problems working. Then friends brought in WisLAP, and recovery.

Chris Shattuck provides ways to reduce the likelihood of an attack and to be ready to respond quickly if an incursion is successful.

Lawyers clearly have a duty to supervise nonlawyer employees. Dean Dietrich says the harder question is how much supervision is required.

Few lawyers have not experienced or witnessed a party behaving badly. When the behavior escalates to include cyberbullying, David Blumberg says the potential resulting harm cannot safely be ignored.

Tom Watson says answering questions in eight practice management and job satisfaction categories will help head off problems and reduce the anxiety that comes with being a lawyer.

Joseph Boucher, John Rather, Ron Bote, and Andrew Seifert discuss the mechanics and legal structure involved in starting a limited liability law firm as well as the tax treatment of such entities.

Larry Martin encourages the sharing of lawyering knowledge by participating in a mentoring relationship.

Jill Kastner says lawyers can help combat domestic violence by volunteering to assist survivors.

In Michels v. Lyons, the court held that a grandparent who wishes to have visitation rights to a grandchild in opposition to the parents' wishes must establish by a clear and convincing standard that the parents' decision is not in the child's best interests. Although more difficult, the higher evidentiary threshold can be overcome.

When helping clients navigate the complexities of selling or refinancing an existing home or purchasing a new home during a divorce, it's important to understand the ever-changing real property landscape and the client's circumstances. Here's how to guide clients through this emotional and potentially discouraging transaction.

No matter how lawyers refer to them – engagement agreements, fee agreements, legal services agreements, or retainer agreements – fee agreements can trip up even the most well-intentioned lawyers. Here's what you need to know to ensure your agreements don’t run afoul of Wisconsin's ethics rules.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know!

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

Through leadership training, Cynthia Herber learned how she sees herself is very different from the way others perceive her. That might be true for you, too.

This State Bar ethics opinion discusses the conflict of interest issues that may arise during job negotiations with an opposing firm or party.

Derek Hawkins believes thinking "the client is always right" is one of the most dangerous philosophies a lawyer can adopt. Identifying problem clients early can help maintain profitability and satisfaction in the practice of law.

Ngosong Fonkem, Bethany Wilson, Kristen Hardy, and Jeff Perzan show how legal design thinking, a problem-solving methodology, can improve the range of solutions that lawyers offer their clients.

On the 20th anniversary of the "new" State Bar Center, Larry Martin says it's not the building we celebrate, but the experiences that our members and staff have shared.

Jill Kastner explains, "It depends." Do you know what member services the State Bar provides? Do you use them?

Cases involving domestic violence, custody, or child abuse may force couples to run around a maze to locate legal counsel in a place where family law attorneys are scarce. The first one to find the attorney wins. Like a game of musical chairs, the second one to the chair is out of luck.

For many years, Wisconsin's pleading standard for litigation appeared to differ from the federal-court standard, but in 2019 the Wisconsin Supreme Court announced the standards are essentially the same. In Cattau, the court clarified this decades-long misunderstanding.

Advances in neuroscientific research have improved understanding of how humans communicate, including within the framework of the law. Here’s how to improve interactions with clients and reduce the risk of miscommunication and misunderstanding that might lead to poor legal outcomes.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know!

Want to review a book? Request one from us!

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

Deanne Koll insists it's up to the individual to decide how to deal with "dress codes" and appearance expectations.

One type of insurance will not cover your law firm for all occurrences. Chris Shattuck says you may need to supplement your current coverage.

When probing the legal profession's diversity and inclusion crisis, race and gender are almost always discussed as if they are mutually exclusive. Kristen Hardy says this is a mistake. Women lawyers of color experience bias on two fronts – gender and race.

Dean Dietrich advises lawyers, clients, and judges to take care in how they engage on social media platforms given the narrow lines between acceptable and unacceptable use.

Larry Bodine believes lawyers can generate more business for their law firms by adopting these eight habits of effective online marketers.

Wood Foster discusses rapid changes in the legal profession that are affecting every practicing (and would-be) lawyer in the United States, and what legal professionals collectively might think about as they move into the future.

This Milwaukee lawyer is an award-winning organist who performs throughout the world, while running his solo law firm.

Gretchen Viney gives suggestions for taking better, more effective notes, and what methods to avoid.

If you have an ethical quandary, Larry Martin suggests turning to the State Bar's Ethics Hotline.

Access to justice, leadership development, and inclusion in all forms are top priorities of the State Bar of Wisconsin and new President Jill Kastner. None of these themes will surprise those who know her – they've been touchstones throughout her career as a public-interest attorney.

In 2018 the Legislative Council established a study committee to address potential changes to child support and the notion of presumed equal placement. Twelve measures are moving forward. Here is a summary of each measure, and the case for or against the action.

In the 21st century, figuring out "who done it" often necessitates determining the identity of the person who most often used a particular electronic device. Learn the basics here.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know.

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

Want to review a book? Request one from us!

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.

If you find yourself consumed with thoughts of not being good enough, Jennifer Johnson encourages you to face the fear head on.

Sharon Nelson and John Simek answer 13 most commonly asked questions to help lawyers be proactive with legal technology.

Katherine Carpenter says Wisconsin now has a "blended system" that uses monitored digital audio reporting to produce the verbatim records of court proceedings.

Paula Davis-Laack provides tips for surviving in an unpleasant environment and promoting civility.

Dorothy Rausa provides seven simple concepts to take your law firm’s social media performance to the next level.

Tom Watson says technology and practice management systems can help you avoid administrative errors – if you know how to use them.

Dean Dietrich explains that, in specific circumstances, the duty to protect client information can be outweighed by the duty to warn of future harm.

Saveon Grenell is using skills honed through the State Bar of Wisconsin Leadership Academy to help youths.

Susan Schaubel provides the steps needed to obtain a civil harassment order.

Larry Martin says a donation to the Wisconsin Law Foundation is an ideal way to celebrate individuals past and present.

As president, Chris Rogers has had a front-row seat, witnessing the unbelievable work you do for clients and other people you serve.

Wisconsin Statutes chapter 128 provides for an assignment for benefit of creditors as a solution for businesses facing financial trouble, but the chapter is badly out of date. It is time to look critically at the statute, modernize it, and provide real guidance to parties and state court judges.

The 2018 Farm Bill's reforms, technology investments, and rural-to-urban diversification provisions will stir up new business for strapped farmers and emerging entrepreneurs. The bill also presents opportunity for Wisconsin lawyers who represent such clients.

A recent survey regarding threats and violence against Wisconsin lawyers and judges reveals that 49.1 percent of respondents said they had been threatened or physically assaulted at least once. This places Wisconsin second for percentage of respondents reporting threats and violence of the 29 statewide surveys conducted by the author.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know!

The Office of Lawyer Regulation, an agency of the Wisconsin Supreme Court, provides these 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 D. Blinka and Prof. Thomas J. 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.

Derek Hawkins says "phooey" to the notion that solo practice is only for lawyers who can't make it somewhere else. He ought to know.

Paula Davis-Laack says autonomy, mastery, and connection to others correlate more strongly with lawyers’ long-term well-being than do money, prestige, and status.

When crafting an approach to third-party visitation, Mark Fremgen and Gregg Herman say, appellate courts should keep in mind the harm to children's interests created by litigation itself.

Celia Jackson reflects on Black lawyers who left lasting impressions.

Wanting to help people with troublesome legal matters is good, Tom Watson says, but allowing potential clients' distress to become your stress is not.

Morgan Stippel provides a step-by-step guide for obtaining injunctions to help protect domestic abuse survivors, and their pets, from abuse and harassment.

Executive Director Larry Martin says all State Bar presidents leave a mark and move the organization forward to help support members, the legal system, and the public.

By helping to develop tomorrow's leaders, Chris Rogers says the State Bar is ensuring the continued strength and relevance of the legal profession in Wisconsin.

When she leaves the bench in July, Justice Shirley Abrahamson will have served 43 years on the Wisconsin Supreme Court, capping a career as the first woman on the court and the longest-serving justice in state history. Here's a brief look at her legacy.

The Wisconsin Legislature's 2018 extraordinary session marked the final weeks of Scott Walker's gubernatorial service. The resulting legislation made many changes to Wisconsin law and almost immediately drew challenges in the form of lawsuits. This article summarizes some of the acts' most noteworthy provisions and discusses pending lawsuits.

Four lawyers talk about the challenges of recruiting and retaining diverse lawyers. Challenges include getting leadership buy-in and the necessary resources, addressing implicit bias when setting salaries and assigning work, and knowing where and how to recruit the lawyers you want. Read what these lawyers advise.

If you have moved, become a partner or an associate, or received a promotion or an award, let us know.

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