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Opinions, Voices & Ideas
President's Message
Moving the Profession Forward – Solo and Small Firm Lawyers
Your State Bar
Paralegal Certification Program Expands Access to Justice
Q&A Profile
Q&A with Wisconsin Attorney General Josh Kaul
Ethics
Know Your (Material) Limits
Solutions
Taking Steps to Stop Violence Against the Legal Community
On Balance
The Power of Ikigai: Unveiling Purpose for Lawyer Well-Being
Technology
Pick Your Winner: 2024 Smartphone Lineup
Rotunda Report
In It for the Long Haul – Criminal Justice Reform Doesn't Happen Overnight
Final Thought
Coming Together to Improve Our Criminal Justice System
Also Inside
Letters
Briefly
Court of Appeals Digest
Members Only
Classifieds
Jan
2024
Features
Genetic Genealogy in the Legal System
The use of genetic-genealogy test results by law enforcement agencies and other investigators to attempt to identify criminal suspects is regarded by many people as positive, but scientific limitations and privacy-related legal and ethical concerns abound
Wisconsin Disability Accommodation Law Evolves
Wisconsin law provides some protections against adverse employment actions for employees who have disabling illnesses or conditions that affect their work. A recent Wisconsin Court of Appeals case demonstrates that employers must act in good faith when employees request disability accommodations in the workplace.
Becoming a Great Negotiator: Six Tips for Lawyers
In law, as in life generally, resolving a disagreement often requires the willingness to give up some things in exchange for getting others. Lawyers who are great negotiators can help clients reach optimal results.
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Opinions, Voices & Ideas
President's Message
Moving the Profession Forward – Honoring a Lawyers' Lawyer
Your State Bar
Guardians of the Rule of Law
Ethical Dilemma
Charging Electronic Payment Fees
Solutions
Thinking Like an Executive: General Counsel as Business Partner
Reflections
International Humanitarian Law and Armed Conflicts
Technology
Artificial Intelligence: How It Can Target Your Cybersecurity Defenses
Nuts & Bolts
Building an In-House Legal Department
Managing Risk
In-House Counsel's Due Diligence for Contracts with Technology Vendors
Practice Pulse
Practice Management and Legal Technology Trends to Watch
Blogs of the Month
Keeping Recipients in Poverty: Problems with Supplemental Security Income Asset Limits
Final Thought
Sponsorship: The Art of Advancing Others
Also Inside
Briefly
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Members Only
Classifieds
Feb
2024
Features
The Rapidly Changing Landscape of Commercial Contracting
A variety of approaches, from using cloud-based customer relationship management software and generative AI programs to setting up global service centers outside the U.S., can help in-house counsel better serve clients and customers.
Wisconsin Legal Trends 2024
Service to clients, through valued advice and guidance in various substantive areas of law, will still rule the day. In this article, we look at trends in 17 different practice areas, with insights from Wisconsin lawyers – many of them members and leaders of State Bar of Wisconsin sections.
Cy Pres Rule Can Boost Legal Aid Funding
The cy pres rule earmarks unspent funds from class action settlements for legal aid organizations, including half to the Wisconsin Trust Account Foundation. But these residual funds can go unawarded if lawyers and judges don’t know about the rule.
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Opinions, Voices & Ideas
President's Message
Moving the Profession Forward – Forever in Blue Jeans?
Editor's Note
Writing for Success: Your Magazine
Your State Bar
Building a Legacy, One Leader at a Time
As I See It
Race Conscious Admissions in Colleges
Ethics
The Story of Stuff
Solutions
Learning After the Pandemic
Legal History
Lavinia Goodell: 10 Things You Might Not Know about Wisconsin's First Woman Lawyer
Technology
Mastering Data Resilience and Business Continuity
Ethics Opinion
EF-24-01: Recording Others Without Disclosure or Consent
Final Thought
Speak Up: Cast Your Ballot in State Bar Elections
Also Inside
Briefly
Shelf Life
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Members Only
Mar
2024
Features
Wisconsin Fair Dealership Law Turns 50: Developments Lawyers Should Know
The Wisconsin Fair Dealership Law was enacted in 1974. Two Wisconsin lawyers sum up the law's evolution in the decades since.
The Wisconsin Fair Dealership Law: A Personal Look Back Over 50 Years
A creator of Wisconsin's 50-year-old fair dealership law shares a few memories regarding the law's origins.
United States Attorneys: A Law Firm Unlike Any Other
U.S. Attorneys bring and defend cases in federal district court on behalf of the federal government. This article highlights U.S. Attorneys' civil work, describing some of the matters handled in the Western District of Wisconsin.
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Opinions, Voices & Ideas
President's Message
Moving the Profession Forward – We Are Not Superheroes
Your State Bar
New Maps Bring New Challenges and Opportunities
Ethical Dilemma
Closing a Solo Practice
Women History Makers
Gwendolyn Lindsay Cooley: The Power of 'Yes'
On Balance
'To Change the World': Meditation and Mindfulness in Your Practice
Technology
Don't Be Fooled: Identifying and Combating Common Scams in 2024
Rotunda Report
State Bar Advocacy: Creating Good Policy Is Good Politics
Final Thought
Continue to Honor Those Who Paved the Way
Also Inside
Briefly
Court of Appeals Digest
Lawyer Discipline
Members Only
Classifieds
Apr
2024
Features
Emergency Rulemaking: No Paddle Necessary
Emergency rules allow an agency to implement policies much faster than going through the lengthier permanent rulemaking process, but limits on rule duration and the distinct, truncated nature of the process require careful planning and consideration.
Alcohol Regulation in Wisconsin: Changes Bring Fizz to Businesses
The author highlights a few of the major changes made by 2023 Wis. Act 73, an overhaul of Wis. Stat. chapter 125, Wisconsin's alcohol-regulation statutes. Learn more about the act's effects on three-tier restrictions, contract manufacturing, full-service retail privileges, and regulation of venues.
45 Years and Counting: Citizens Utility Board of Wisconsin
Public involvement in utility regulation in Wisconsin is expanding in pace with climate change, concerns about traditional energy sources, and increased use of renewable energy. The Citizens Utility Board fights for evidence-based outcomes and for transparency, inclusivity, and the public's right to be informed and involved about Wisconsin utilities.
As I See It
The SEC's Regulatory Assault on U.S. Capital Markets
The author urges lawyers to monitor Securities and Exchange Commission regulatory proposals and submit comments on proposed rules that might have significant effects on business clients.
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Opinions, Voices & Ideas
President's Message
Moving the Profession Forward – Embrace Artificial Intelligence
Your State Bar
Staying True and On Course
Reflections
The Quiet Odyssey: Navigating the Silence Within
Learning to Learn
Treat Learning as an Asset
Practice Pulse
Spring Cleaning for Lawyers: Protect Your Clients Through Planning
Women History Makers
Judge Ramona Gonzalez: Tending to Democracy
Ethics
"Ethics Song '89": Conversations About More Than the Weather
Technology
Tech-Powered Communication:Boosting Efficiency and Ensuring Security
On Balance
When Lawyers Need Help, Where Do They Go?
Solutions
Electronic Filing Revolutionizes Service and Convenience in Wisconsin Courts
Final Thought
Technological Changes Over 50 Years in Practice
Also Inside
Letters
Briefly
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Shelf Life
Members Only
Classifieds
May
2024
Features
Postmortem of a Breakdown:
A New Approach to Work
I experienced an acute depressive episode, triggered by extreme anxiety and stress. Like many lawyers, I had a lot of both. This is what happened and how a new approach to work helped me to not just recover but thrive. I share this with the hope that other lawyers will not make the same mistakes I did – pushing off the need to address their mental-health struggles. This is my story.
Wisconsin Trust Code Trailer Bill
On March 23, 2024, legislation amending the Wisconsin Trust Code took effect. The Trailer Bill provides numerous enhancements to the depth and efficacy of Wisconsin's trust law. Among the topics covered are classes of beneficiaries, representation of beneficiaries interests, nonjudicial settlement agreements, and the treatment of digital property owned by married persons.
A 'How To' Guide for Lawyers
Remote Witnessing and Notarization of Estate Planning Documents
Emergency rules necessitated by the COVID-19 pandemic have now been made permanent. 2023 Wisconsin Act 130 was signed into law on March 21, 2024, and took effect on March 23, 2024. Act 130 provides guidance on how and when lawyers, principal signers, notaries, and witnesses may use remote witnessing and notarization procedures for estate planning documents.
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Opinions, Voices & Ideas
President's Message
Moving the Profession Forward – Every Member, Every Year
Your State Bar
Bringing the World, the Law, and Our Members Together
Reflections
Ada Deer: Champion of Social Justice
On Balance
Keeping Lawyers Alive
Ethical Dilemma
Minimizing Imputed Prospective-Client Conflicts
Rotunda Report
State Bar Achieves Much in the 2023-24 Legislative Session
Women History Makers
Kathryn Tierney Argued Landmark Tribal Cases
Women History Makers
Judge Jo Deen Lowe – A Long Line of Strong Women
Final Thought
Lavinia Goodell's Eternal Legacy
Also Inside
Briefly
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Members Only
Classifieds
Jun
2024
Features
Indian Law in Wisconsin: A Primer
The author provides an overview of the 11 federally recognized tribes in Wisconsin and their relationships to and with the federal and state governments and laws.
Menominee Termination and Restoration
This article focuses on the Menominee Indian Tribe's termination and restoration against the backdrop of federal governmental policy toward all tribes in the United States.
The Space Between Birthright and Blood Quantum
Until 1974, the father's name was not included on birth certificates of children born in Wisconsin to unwed parents. This practice has particularly serious ramifications for Indigenous children.
Wisconsin's Tribal Gaming Compacts and Their Effects on Sovereign Immunity
The gaming compacts by which Indian tribes obtained sole and exclusive right to conduct specific gaming enterprises in Wisconsin require tribes to secure liability insurance and a carrier endorsement that limit the carrier from asserting a sovereign immunity defense.
How Tribes Respond to Changing Environments
The earth's changing climate has significant ramifications for Indian tribes' subsistence needs, public health, economic stability, sovereignty, and traditional ways of life. Learn how tribes are addressing environmental harms.
Be a Good Friend: Tips for Effective Amicus Briefing
Amicus practice is particularly common in federal Indian law cases. Here are examples that demonstrate some of the more nuanced elements of strategic amicus practice.
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Opinions, Voices & Ideas
Your State Bar
Finding, Building & Growing Community
Ethics
Panic! At the Hypo
Managing Risk
What Comes Next? Succession Planning for Civil Litigators
On Balance
Imposter Syndrome in the Legal Profession: Breaking the Cycle of Self-Sabotage
Technology
How to Ghost the Bad Guys and Protect Your Privacy
Women History Makers
Tamara B. Packard: When Work Is Advocacy
Final Thought
A Closing Statement
Also Inside
Letters
Briefly
Court of Appeals Digest
Members Only
Classifieds
Jul
2024
Features
Ryan Billings: Litigator Aims to Be Ambassador for Wisconsin Lawyers
As State Bar president, Ryan Billings plans to also focus on lawyer wellness and ensure that the State Bar provides good value to its members.
Understanding the New FTC Rule on Non-Compete Clauses and Challenges to It
The Federal Trade Commission's recent final rule banning the use or enforcement of non-compete clauses and agreements with workers could affect countless businesses, employers, and employees.
Medicare Set-Aside Arrangements: Submit or Not Submit?
This article provides a background on the Medicare Secondary Payer Act and Medicare set-aside arrangements (MSAs) and things that attorneys practicing in worker's compensation law should consider from the time of case opening.
As I See It
Left in the Dark: State v. A.G. & Burden of Proof in Involuntary TPR Dispositional Hearings
Despite many mentions in unpublished opinions and the recent lengthy journey of one case through the Wisconsin court system, crucial issues regarding the burden of proof, if any, at termination-of-parental-rights disposition hearings remain unresolved.
State Bar Members Play Vital Role in State Judicial Appointments
Wisconsin governors have long relied on committees of State Bar of Wisconsin members for advice when making judicial appointments.
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Opinions, Voices & Ideas
President's Message
Taking Care of Ourselves and Each Other
Editor's Note
State Bar Will Hold Special Election for President-elect in October
Your State Bar
The Elephant … and Donkey in the Room
Ethics
Don't Leave Clients in the Lurch: Prepare a Succession Plan Today
Women History Makers
Laurie R. McCallum: Grateful Trailblazer
Final Thought
Strengthening Our Democracy: Lawyers Play a Vital Role
Also Inside
Briefly
Supreme Court Digest
Court of Appeals Digest
Members Only
Classifieds
Sep
2024
Features
Wisconsin Supreme Court: 2023-24 Term Review and 2024-25 Preview
Despite a low overall tally of opinions, the 2023-24 term was a headliner for democracy-related cases in the Wisconsin Supreme Court, and the justices show no signs of slowing down.
Significant Recent Wisconsin Federal Court Decisions
This article reviews seven significant Wisconsin federal court decisions from 2023 and 2024 interpreting Wisconsin law. The decisions touch on a variety of subjects: foreign statutes of limitations, minimum markup rules for gasoline, choice of wrongful death laws, intervening and superseding cause, deceptive trade practices, and false advertising.
Legislative Power to Suspend Administrative Rules: A Historical Look
The history of the Wisconsin Legislature's power to suspend administrative rules and the most significant related case, Martinez v. Department of Industry, Labor & Human Relations, have been largely forgotten. As questions of the separation of powers between the branches again make their way to the Wisconsin Supreme Court, this article revisits the history and Martinez.
Read More →
Opinions, Voices & Ideas
President's Message
Solo but Not Alone: Building Connections in Our Common Legal Ecosystem
Your State Bar
Addressing the Rural Practice Shortage
Ethical Dilemma
Ethical Considerations When Using Generative Artificial Intelligence
The Lawyer's Journey
Asking Leopards to Change Their Spots: Can Lawyers Change? Should They?
Women History Makers
The Rise of Wisconsin Women in the Law … But Only After Securing the Right to Vote
Rotunda Report
Promoting Democracy and Understanding Elections Starts with Education
Learning to Learn
Harnessing the Power of Subject Matter Expertise
Final Thought
Coming Together: Dodge County Bar Schuetzenfest
Also Inside
Briefly
Court of Appeals Digest
Shelf Life
Members Only
Classifieds
Oct
2024
Features
The Return of Dicta Under Wisconsin Law?
In a 2010 opinion, the Wisconsin Supreme Court unanimously concluded that lower courts may not dismiss prior published authority as dicta. The court’s reasoning was that by dismissing a statement as dictum, a court necessarily withdraws or modifies the opinion in which it appeared. The authors suggest that this approach is unworkable and that the supreme court can mirror the pragmatic federal approach and return to a middle ground.
Two Wrongs Don’t Make a Right to Coverage: 'Single Claim' Provisions in Liability Policies
Insurance policy single claim provisions, which combine into one claim multiple claims that are based on interrelated wrongful acts, sometimes benefit insureds but usually operate to their detriment. This article illustrates the operation of a typical single claim provision and suggests strategies for insureds and insurance companies to avoid or preserve their applicability.
As I See It
The Potential for Electoral Reform in Wisconsin: A Legal Analysis
The authors provide an overview and critique of our current voting systems, summarize various available reforms, and make the case for one particular election system, Final Five Elections.
Read More →
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