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Columns
President's Message
Remembering Our Military and State Bar Members
Jan
2011
Features
Table of Contents
The 640-page directory contains attorney alphabetical and geographical rosters; Wisconsin law firms; listings of federal, state, and tribal courts, including court personnel; directory of vendors providing law-related services; contact information for the State Bar of Wisconsin and other law-related organizations; and Lawyer-to-Lawyer Directory.
Read More →
Columns
Inside the Bar
The "I" in LRIS
President's Message
Finding a Purpose in Tragedy
Ethics Opinion
EI-10-01: Webinar Does Not, by Itself, Create Lawyer-Client Relationship
Ethics
Restrictions on Withdrawals
Practice Tips
8 Ways to Take the 'War' Out of Law Practice
Departments
Letters
Book Reviews
Court of Appeals Digest
Supreme Court Digest
Lawyer Discipline
In the News
Feb
2011
Features
A Two-year Patch: 2010 Tax Relief Act Overview
There’s a little bit of relief for just about every taxpayer in the 2010 Tax Relief Act, including small and family businesses, working individuals, and wealthy people with substantial estates. The law contains several unique, limited-term planning opportunities but is fraught with peril for those who neglect the details.
Panning for Gold: Social Networking's Impact on E-Discovery
In seeking evidence when representing clients, attorneys must search where the evidence lies – and today, that often means searching online sources. The authors present practical recommendations and recent legal developments to help lawyers and clients understand how the use of social networking sites can affect a case.
Negotiating in the 'Red Zone'
Lawyers should take special care to advise clients in a timely and meaningful way, faithfully follow client instructions, and document their actions when negotiating settlements, particularly when a demand and offer fall within the client’s stated acceptable range – that is, the client’s red zone.
Read More →
Columns
Inside the Bar
Coming Full Circle
President's Message
Stakeholders in Justice
Ethics Opinion
EI-10-03: Avoid Conflicts When Consulting with Prospective Clients
Ethics
Trust Account Recordkeeping Requirements
Viewpoint
Why Avery Matters
Managing Risk
Lawyers Managing Stress and Anxiety
Departments
Letters
Book Reviews
Court of Appeals Digest
Supreme Court Orders
Supreme Court Digest
In the News
Mar
2011
Features
Planning in the Face of Adversity: Wisconsin and Federal Estate and Gift Taxes
Dramatic changes in the federal estate, gift, and generation-skipping taxes occurred in December 2010. But unless congress extends them, the changes will expire at the end of 2012 and will revert to the federal law in place in 2001. This uncertainty makes estate planning even more challenging. Here is a look at the federal changes and the current state of Wisconsin's estate and gift taxes.
The
Daubert
Standard in Wisconsin: A Primer
The legislature changed Wisconsin’s rules of evidence regarding lay and expert witness testimony. For all actions filed on or after Feb. 1, the
Daubert
reliability standard now applies. This primer discusses the
Daubert
evidence rules and focuses on the new foundational elements.
Bankruptcy Basics for Attorneys
Part one of this two-part series on bankruptcy law introduces concepts and practice tips so that nonbankruptcy lawyers may identify situations in which it is appropriate to consult with a bankruptcy attorney on the lawyer's own behalf or on behalf of prospective or current clients.
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Columns
Inside the Bar
More for Less
President's Message
Funding the State's Public Defender Program
Ethics
Determining Responsibility of Local Counsel
Marketing
7 Steps to Exceptional Client Loyalty
Departments
Book Reviews
Court of Appeals Digest
Supreme Court Orders
Supreme Court Digest
Lawyer Discipline
In the News
Apr
2011
Features
The Act of God Defense: Does It Still Exist?
Although the Act of God defense – that a defendant is insulated from liability for personal injury or property damages caused by a natural cause – is rarely used, it may become more common in the future if predictions of catastrophic weather events caused by global warming prove true.
Bankruptcy Basics for Attorneys
This is the second of a two-part series to familiarize nonbankruptcy lawyers with basic bankruptcy law concepts and practices. This part focuses on specific aspects of Chapter 7 and Chapter 13 proceedings and provides practice hints. Part 1 appeared in the March
Wisconsin Lawyer.
Beyond Robo-Signing: Mortgage Foreclosure Defense Basics
Recent revelations concerning unreliable mortgage-processing methods nationwide have cast a negative light on industry practices but also opened the door to new defenses for homeowners and their lawyers involved in foreclosure actions. This article is a basic key for finding potential mortgage-document mistakes and using this information to help clients keep their homes.
Read More →
Columns
Inside the Bar
A Rose by Any Other Name
President's Message
Funding District Attorney Offices
Ethics
Rules for Marketing with Social Media
Managing Risk
10 Ways to Avoid Spending Your Deductible
Practice Tips
Electronically Stored Information: Know When to Hold It and When to Hit Delete
Departments
Book Reviews
Court of Appeals Digest
Supreme Court Digest
Lawyer Discipline
In the News
Notice of Bylaw Amendment
Private Reprimand Summaries
May
2011
Features
Shifting Gears: Retire Your Way
If you're thinking about retirement, you probably have a lot of questions: When should I retire? How do I retire? Do I retire altogether or just cut back my practice? What's next? Here, a few lawyers' stories may help you choose a good route as you ponder shifting gears.
ID Theft: Think It Can’t Happen in a Law Firm?
Think again. Here is a look at law firms and their unique obligations to keep client information confidential in a world in which ID theft is committed on both the high end and the low end of the technology spectrum, and by random strangers and trusted employees – even in law firms.
Limited Duty to Independent Contractors' Employees
Employers that hire independent contractors generally are not liable for injuries to the contractor's employees, unless the injury was caused by the hiring party's affirmative act of negligence or occurred while the employee was engaged in an extrahazardous activity.
Tatera v. FMC Corp.
makes clear that plaintiffs face high barriers to satisfying either of these prerequisites to recovery.
Read More →
Columns
Inside the Bar
Making Good Bars Better
President's Message
1,000 Thanks
Ethics Opinion
Informal Opinion EI-11-01 Legal Information Seminars: Information or Advice?
Ethics
Lawyers Owe Clients 'Reasonable' Communication
Make Your Mobile Life Easier
Online Storage
Departments
Letters
Book Reviews
Court of Appeals Digest
Supreme Court Orders
Supreme Court Digest
Lawyer Discipline
In the News
Jun
2011
Features
Copycat: Plagiarism, Copyright Infringement, & Lawyers
The purpose of lawyers' legal writing is not to demonstrate our individual skills; it is to communicate on behalf of our clients and advance their goals. The authors clarify the basic principles of copyright infringement and plagiarism as they apply to the work of lawyers.
Avoiding E-Discovery Traps
The same technology boom that necessitated Wisconsin's electronic discovery rules provides the tools for attorneys and clients to avoid potential traps and fulfill duties created by the new rules, in conjunction with federal court guidance.
Revising the Residential Offer Form
As of July 1, 2011, real estate licensees are required to use the 2011 WB-11 residential offer to purchase form, which replaces the 2010 version. The 2011 revised form addresses most of the concerns with the older form but also raises new questions.
webXtras
WebXtra: Applying Plagiarism and Copyright Infringement Rules to Lawyers’ Work
Lawyers do a lot of copying. Why charge a client to create a document from scratch when you can draw from many existing sources? In this video, available online with the June 2011 Wisconsin Lawyer, the authors clarify the basic principles of copyright infringement and plagiarism, and advocate for a flexible notion of plagiarism adapted to the needs of the institutions in which lawyers work.
Read More →
Columns
Inside the Bar
The Power of Remembrance
Ethics
Limits on Lawyers' Witness Preparation
Managing Risk
Learn from Others' Mistakes
Marketing
HICCUP to Stand Out on Facebook
Career
Women Lawyers Walking the Tightrope
Departments
Book Reviews
Court of Appeals Digest
Supreme Court Digest
Lawyer Discipline
In the News
Jul
2011
Features
A New Era: Products Liability Law in Wisconsin
Wisconsin’s products liability law has undergone a sea change. Changes to Wis. Stat. chapter 895 adopt a new test of defectiveness, leaving behind the analysis of consumer expectations in strict liability claims and substituting the reasonable-alternative-design standard. Plaintiffs now must meet more stringent requirements to recover for an injury caused by defective products.
The Shaping of a President: Jim Brennan
State Bar President Jim Brennan credits his upbringing as the son of an Irish immigrant cop and a nurse, in a family that values justice and advocacy for the poor, for shaping his life’s work – the pursuit of justice. As president, Brennan's focus will be on supporting the roles lawyers play in the justice system and assuring the public of the Bar's commitment to equal justice.
Over Assessed? Appealing Home Tax Assessments
Nearly 60 percent of the nation's taxable property may be over assessed. There are many reasons for real estate appraisal inaccuracies, which may affect a property owner's tax assessment. It is important that taxpayers and their attorneys understand how appraisals are conducted and the different types of tax assessment appeals that are available, including their processes and limitations.
Leaving a Client: Confidentiality Upon Withdrawal
Most courts require a lawyer to seek permission to withdraw from representing a client and usually require the lawyer to provide some reason. Withdrawing lawyers still owe a duty of confidentiality to the client, however, and should not disclose information that would be detrimental to the client's interests.
webXtras
WebXtra: Changes to Wisconsin’s Products Liability Law
To recover for an injury caused by a defective product, plaintiffs now must prove a manufacturer rejected a reasonable alternative design that would have reduced the foreseeable danger. In this video, available online with the July 2011 Wisconsin Lawyer, coauthor Jessica Ozalp explains that the adoption of this new test of defectiveness is among the biggest changes to Wisconsin’s products liability law.
Read More →
Columns
Inside the Bar
Getting Started
President's Message
Mining in Wisconsin
Ethics Opinion
ADAs Barred from Working on Private Firm Criminal Cases
Ethics
Representing Clients Outside of Wisconsin
Career
Women Lawyers Walking the Tightrope
Departments
Court of Appeals Digest
Supreme Court Orders
Supreme Court Digest
Lawyer Discipline
In the News
Aug
2011
Features
Repair or Replace? The Economic-Waste Doctrine in Construction Defect Cases
Damages in construction defect cases are generally measured by the cost to repair the defect. But in cases posing economic waste – in which a repair requires significant reconstruction or, despite a high cost, would not improve the property’s value – the measure is the decrease in property value caused by the defect. The inherent vagueness of the economic-waste doctrine often complicates determining which measure should be used in a given case.
Changing the Rules on Rulemaking
2011 Wisconsin Act 21 significantly changes how administrative rules are promulgated. Among other things, it narrows state agencies’ rule-making authority, gives the governor new powers to approve or prevent the adoption of rules, expands the economic-impact-analysis requirement to all agencies, and expands venue in declaratory judgment actions to all counties.
'Catch 22' Ethical Dilemma for Defense Counsel in TPR Litigation
Losing one's parental rights is a serious matter, which is why representation by counsel and appearance and participation by parents is required in termination of parental rights litigation. But defense counsel face an ethical dilemma when a court denies a motion to withdraw because a parent’s conduct makes it impossible for counsel to provide adequate representation. To continue representation violates professional conduct rules. To not continue representation violates statutory law. It's a "Catch 22."
Read More →
Columns
Inside the Bar
A Lawyers' Marketplace
President's Message
Urging Pro Bono Help for Immigrants Harmed by UPL
Viewpoint
A Call to Reform Wisconsin’s Class-Action Statute
Managing Risk
Scammers Still Targeting Lawyers
Departments
Court of Appeals Digest
Supreme Court Orders
Supreme Court Digest
Lawyer Discipline
In the News
Sep
2011
Features
The Pendulum Swings: No More Early Release
The pendulum of sentencing policy has swung back again in Wisconsin. 2011 Wisconsin Act 38, which became effective Aug. 3, signals a return to truth-in-sentencing by changing the state's criminal sentencing laws to eliminate or adjust many of the procedures that had allowed early release of certain inmates.
Navigating Conflict-of-Interest Disqualification Motions
By making clear that objections to an attorney’s involvement in a case on conflict grounds can be raised by nonclient parties as well as by clients, a recent Wisconsin decision has increased the burden on lawyers to conduct thorough conflict-of-interest checks.
Who Is a Prospective Client?
Formal Opinion EF-11-03 discusses the definition of and duties owed to prospective clients, including when a lawyer is contacted through a lawyer website or by email.
webXtras
WebXtra video: Don't be victim to scammers
Lawyers regularly receive email messages from prospective “clients” whose goal is to trick the lawyers into transmitting funds to the message senders. In this video, Madison attorney Thomas Watson notes business loans, commercial litigation, family law, and real estate appear to be the areas of law most commonly used by scammers. Watson urges, “Be wary of clients who make contact only by email, and be careful with your online banking system, particularly when it comes to your trust accounts.”
Read More →
Columns
Inside the Bar
“All It takes Is Money”
President's Message
Restoring Public Confidence in the Justice System
Practice Tips
How to Impress or Annoy a Judge
Practice Tips
Social Security No-Match Letters Resume
Career
Switching Firms to Advance Your Career
Marketing
10 Tips to Build a Marketing Culture
Fiscal Year 2011 Financial Results at a Glance
Departments
Book Reviews
Court of Appeals Digest
Lawyer Discipline
In the News
Oct
2011
Features
Wisconsin's New Automobile Insurance Law
The statutes concerning automobile insurance have seesawed during the past few years. A new law, effective Nov. 1, creates more restrictions to recovery. To competently represent car owners and anyone who could be injured in an accident, attorneys need to understand the new law.
Procedural Gray Areas: New POA for Finances
Wisconsin's new power of attorney for finances provides more guidance for agents and protection for principals. Still, some uncertainties remain as to the meaning and effect of the law that created the new POA.
Protected Thoughts? IRS Threatens Attorney Work-Product Doctrine
The IRS has had some success persuading courts to limit the application of the attorney work-product doctrine forcing disclosure of work product – including an attorney's mental impressions – in certain situations. If the IRS can make inroads, other agencies or private parties may follow.
webXtras
WebXtra Video: How the IRS is Threatening the Attorney Work-Product Doctrine
In this video, Jay Miller explains how the IRS is threatening the attorney work-product doctrine and why all attorneys should care.
Read More →
Columns
Inside the Bar
Mentoring Lawyer to Lawyer
President's Message
Clarion Call for Civil Gideon
Ethics
Client Contacts with Adverse Parties
Practice Tips
6 Steps to Orienting New Employees
Practice Tips
How to Buy a Liquor Store or Other Business with a Retail Alcohol Beverage License
Departments
Letters
Book Reviews
Court of Appeals Digest
Supreme Court Orders
Lawyer Discipline
Private Reprimand Summaries
In the News
Nov
2011
Features
Top 8 Recent Wisconsin Federal Court Decisions
Federal court interpretations of Wisconsin law are of persuasive value to, but not binding on, Wisconsin courts, yet, they affect how Wisconsin law develops and is argued. Here is a look at eight significant Wisconsin federal court decisions interpreting Wisconsin law in 2010 and 2011, encompassing common law claims and statutory interpretations.
Top 10 Wisconsin Supreme Court Decisions
The author highlights 10 significant decisions issued by the Wisconsin Supreme Court during its 2010-11 term.
Class Action Suits after
Wal-Mart Inc. v. Dukes
The U.S. Supreme Court has placed obstacles in the path of plaintiffs' litigators attempting to put together class action lawsuits. Learn about the Court's decision in
Wal-Mart Inc. v. Dukes
and the similarities and differences between the federal rule the Court relied on and Wisconsin's class-action statute.
Read More →
Columns
Inside the Bar
The Greatest Gift
President's Message
Mitigating Trauma's Effects on Lawyers' Lives
Ethics
Ensuring Confidential Client Communications
Managing Risk
Estate Planning Work – Not for the Timid
Departments
Book Reviews
Court of Appeals Digest
Supreme Court Orders
Supreme Court Digest
In the News
Dec
2011
Features
The Toll of Trauma
A groundbreaking study of Wisconsin State Public Defender attorneys examines the effects of "compassion fatigue" – the cumulative physical, emotional, and psychological effects resulting from continual exposure to others' traumatic experiences. This article discusses the significance of compassion fatigue's effects, factors contributing to the risk any lawyer may face of experiencing its symptoms, and what can be done to mitigate it.
Health-care Reform: What You Should Know
Lawyers need to understand the effects of the 2010 Health-care Reform Law as they seek health-care coverage for themselves, their families, and their employees, and as they counsel their business clients.
Enhancing Animal Welfare Laws
2009 Wisconsin Act 90 bolsters Wisconsin's animal abuse and neglect laws by requiring dog breeders, animal shelters, rescues, and others involved in the care and custody of animals to obtain a license and meet state guidelines on animal treatment.
Choosing Our Judges: Wisconsin's Longstanding Debate
Recent Wisconsin Supreme Court election campaigns have focused attention on the methods by which the state's ultimate judicial arbiters are selected; but the debate is not a modern phenomenon.
webXtras
Webxtra: The Toll of Trauma
The cumulative physical, emotional, and psychological effects resulting from continual exposure to others' traumatic experience – compassion fatigue – can put lawyers at risk. In this video, Deb Smith, SPD director of assigned counsel, and Linda Albert, State Bar WisLAP coordinator, discuss a groundbreaking study of State Public Defender attorneys. This study examines the impact of secondary trauma on lawyers who are continually exposed to others' traumatic experiences.
Read More →
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