Book Reviews
Old Talk, New Conversations:
A Planning Guide for Seniors and Their Families
By P.
Mensh Brostoff, M. Furno, J. Herbers, P. Hogan, S. Koppel (Milwaukee,
WI: Elton-Wolff Publishing, 2000). 115 pgs. Paper. $14.95.
Reviewed by Donna M. Jones
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Have you made preparations for "growing old"
beyond making a will and saving for retirement? These days, much more is
needed. Since 1900 the average life expectancy has gone from 45 to 75
years, giving new retirees "20-40 more years of life." In Old Talk, New
Conversations, five Wisconsin professionals share their expertise in
financial planning, estate and tax planning, long-term care insurance,
and housing (living at home or in retirement/senior housing). This
excellent planning guide succeeds in providing a basic foundation that
is "general and nontechnical."
Professional insight is woven throughout to help answer questions
like "How much can I safely spend each year and not run out of money?"
and "How can I handle medical and custodial issues for myself and my
spouse?" Hogan begins with these questions and the financial planning
essentials: a sample balance sheet and a cash flow statement, including
helpful parenthetical explanations. She also provides cautionary "notes"
and a "Road Map For Heirs." This is a valuable "map" of your personal
affairs. In the event of sudden death or incapacity, it makes
information about your home, healthcare, advisors, and prearrangements
available to your heirs. Herbers discusses estate planning, covering
planning for disability, transfers after death, and tax planning. He
includes charts and clear explanations of relevant terminology.
Koppel emphasizes that "long-term care insurance is a new financial
necessity because retirement is now so often followed by an extended
period of disability." He is excellent at navigating practical and
financial considerations and suggests you start buying this insurance
"after the age of 50." Mensh Brostoff focuses on receiving needed care
while living at home and cites that the overwhelming majority of
Wisconsinites over age 60 own their homes outright. She describes
available services and applies example situations. Furno offers
important considerations for choosing a retirement community or senior
housing. His "Developing a Personal Needs Chart for Choosing a
Retirement Community" is very helpful. As Hannah Rosenthal, of the U.S.
Department of Health and Human Services, states in the Forward, the
"keys to enjoying later life" are "understanding and planning."
Donna M. Jones, U.W. 1978, is a former member of the State Bar Board
of Governors and a member of the Participation of Women in the Bar
Committee.
Applications in Criminal
Analysis
By Marilyn B. Peterson (Westport, CT: Praeger Publishers,
1998). 336 pgs. $29.95.
Reviewed by Steven Perry
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There is information, and there is intelligence. Any attorney who has
prosecuted or defended a complex criminal case knows how easy it is to
be swamped by bits of information, and to have difficulty putting these
puzzle pieces together into a useful whole. Increasingly, investigators
and attorneys are turning to analysts to arrange and evaluate this
information. Applications in Criminal Analysis, A Sourcebook is an
overview of the types and uses of a criminal analyst in various complex
criminal cases. Today, where you have a criminal case involving a
"syndicate," a "cartel," or an "enterprise," you may well find a
criminal analyst working to convert information into useful
intelligence.
Marilyn B. Peterson, a certified criminal analyst, begins the book
with interesting historical background on the role of analysts in law
enforcement. First developed in the United States around 1920 to combat
anarchists and mobsters, the criminal analyst profession expanded in the
1950s, collecting information on the mafia. In the 1960s and 70s, the
many criminal analysts evolved into "intelligence units," concentrating
on so-called subversive groups ranging from communists to the John Birch
Society.
Peterson then provides a brief summary of many of the techniques
today's criminal analyst may use. Prosecutors and defense attorneys may
find it useful to review these, although none of the summaries provides
enough detail to fully understand the techniques. The strength of the
book is in Peterson's examples of how an analyst might assist in
selected types of complex criminal prosecutions. The book includes
analysis applications in sample cases involving organized crime,
narcotics, and white-collar crime. Within these chapters are many
examples of link analysis diagrams, flowcharts, bank record analysis,
and other analytical techniques. Many of these techniques will naturally
evolve into trial exhibits, and the book conveys the usefulness of
various analyst techniques in trial preparation.
Criminal analysts are available to manage information gathered from
multiple sources, such as wiretaps, confidential informants, or ongoing
undercover operations. This book, although not in-depth on any one
topic, is a good starting point for a prosecutor considering the use of
an analyst, or for a defense attorney expecting to face one at
trial.
Steven Perry, U.W. 1981, is an assistant special agent in charge for
the USDA Forest Service Eastern Region in Milwaukee. He supervises
criminal investigations in 16 national forests and grasslands in 19
northeastern states.
Law: A
Human Process
By Hon.
Donald P. Lay (Eagan, MN: West Publishing Co., 1996). 209 pgs.
Paper. $17.75.
Reviewed by Thomas H. Boyd
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For a short time nearly half a century ago, future Federal Circuit
Judge Donald P. Lay was a trial lawyer in Milwaukee. During that short
time, he tried several cases and published an article on Wisconsin
practice and procedure that is still included today in the Wisconsin
Statutes Annotated.
Judge Lay became one of the nation's premier trial lawyers. In 1966
President Lyndon B. Johnson appointed him to the U.S. Court of Appeals
for the Eighth Circuit. Serving as chief judge from 1981 to 1993, Judge
Lay is considered one of the finest circuit judges in our nation's
history.
To our good fortune, Judge Lay has authored Law: A Human Process,
relating his views and experiences of the law over his long and full
career as a lawyer, judge, and scholar. The book is intended for law
students and new lawyers; however, it offers important lessons to all
attorneys.
"Every lawyer has a different story," Judge Lay writes, and "[s]ome
are more interesting than others." Without question, Judge Lay's diverse
and extraordinary career provides ample material for a captivating book.
The book contains scores of anecdotes from Judge Lay's experience as a
trial lawyer and judge to effectively illustrate each point and each
piece of advice.
The book deals with the technical difficulties of the profession,
such as handling problem cases and difficult witnesses, while also
providing thoughts on how to achieve greater satisfaction and
fulfillment in the practice of law. Judge Lay also takes on difficult
ethical issues that threaten lawyers and the legal profession. These
trying circumstances include sensitive dealings with clients,
negotiating attorney fees, dealing with difficult judges, and taking on
challenging cases. Throughout all of these various subjects, he reminds
us that working with and helping other people is what makes the practice
of law fun and worthwhile.
While the book is interesting and entertaining, its greatest
attribute is its inspirational quality. Judge Lay proclaims, "[t]he
practice of law is the greatest and most satisfying profession in the
world." He rallies and exhorts readers to aspire to be more than
ordinary, and to make more than modest contributions, while
acknowledging that the role of the lawyer is not always easy.
"This is particularly true for those who engage in litigation. There
can be great stress and disappointment. But it must be balanced against
the ongoing satisfaction in helping others. Frustration will override if
the lawyer's goal is material gain; satisfaction will be dominant if the
lawyer's goal is dedication to others. That is what the profession is
all about."
Thus, Judge Lay echoes the advice the Hon. Oliver Wendell Holmes Jr.
offered a century ago when he said, "[d]on't be content to be a lawyer;
be a lawyer in the grand manner."
Judge Lay has been a lawyer "in the grand manner." His book inspires
the rest of us to do likewise.
Thomas H. Boyd, Iowa 1987, is a shareholder with Winthrop &
Weinstine P.A., St. Paul, Minn., and former law clerk to the Hon. Donald
P. Lay.
Secrets
of the Business of Law: Successful Practices for Increasing Your
Profits!
By Edward Poll (Venice, CA: LawBiz Publishing Co.,
1998). 168 pgs. Paper. $49.95.
Reviewed by Bryan C. Esch
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Today's lawyers face competitive pressures from many different
directions. Accountants, realtors, title companies, and other industry
groups now provide services to clients that historically were provided
almost exclusively by attorneys. Clients now can use software programs
to draft their own simple wills, leases, and contracts, and can find the
answers to many simple legal questions on the Internet. Until recently,
many lawyers have psychologically resisted treating their law practice
as a business.
Edward Poll challenges lawyers to think more like their competitors
and focus on the business of practicing law in his easy-to-read and
useful book, Secrets of the Business of Law: Successful Practices for
Increasing Your Profits!
This book, a compilation of the best topics and articles that have
been culled from Poll's numerous writings on law practice management, is
divided into sections on planning, client relations, financial
management, law office technology, and office management. Each section
is further subdivided into short articles on various topics like "Tips
for Improving Your Client Relations," "What Clients Hate!," "33 Tips to
Help Lawyers Keep Their Pockets Full," "The Pros & Cons of Fixed
Fees," "Ethics & Technology," and "Preparing the Law Firm Business
Plan." These short articles provide valuable suggestions and real-world
examples for increasing revenue, strategic planning, strengthening
client relations, and using technology efficiently and
cost-effectively.
Although at times Poll may leave the reader wanting more depth and
detail, this book provides an excellent introduction to the concept that
the practice of law is not only a profession but also a business. New
solo practitioners and associates will find it particularly helpful as
they begin the process of building their own law practices. Senior
attorneys will benefit, too, from Poll's commonsense advice and simple
techniques for improving their firms or practices. Firm or office
administrators also may benefit from the opportunity to compare their
firm's way of doing business with Poll's advice.
If the reader gains one piece of useful knowledge from Poll that can
be incorporated into his or her practice, the return on the investment
may be tremendous. One good idea may help obtain that lucrative client,
improve productivity, or slash expenses. For this reason, this book is a
good value and an excellent investment.
Bryan C. Esch, U.W. 1997, is an associate with the Madison law firm
of DeWitt Ross & Stevens S.C. He practices in employee benefits,
estate planning, and business law.
To Review a
Book...
The following books are available for review. Please request the book
and writing guidelines from Karlé Lester at the State Bar of
Wisconsin, P.O. Box 7158, Madison, WI 53707-7158, (608) 250-6127, klester@wisbar.org. Reviewers may
keep the book they review. Reviews are published in the order in which
they are received. To purchase any book reviewed in this column, please
visit the State Bar's Web site, www.wisbar.org/bookstore/ for secure online
ordering, or contact the publisher, or ask your local bookstore to order
it for you.
Publications and videos available for review
o Beyond Winning: Negotiating to Create Value in Deals &
Disputes, by Robert H. Mnookin, Scott R. Peppet & Andrew S.
Tulumello (Cambridge, MA: Harvard University Press, 2000). 354
pgs.
o Child Sexual Abuse in Civil Cases: A Guide to Custody and Tort
Actions, by Ann M. Haralambie (Chicago, IL: ABA Family Law Section,
2000). 464 pgs.
o Dear Sisters, Dear Daughters: Words of Wisdom from Multicultural
Women Attorneys Who've Been There and Done That, edited by Karen
Clanton (Chicago, IL: ABA Multicultural Women Attorneys Network, 2000).
357 pgs.
o Dissent, Injustice, and the Meanings of America, by Steven H.
Shiffrin (Princeton, NY: Princeton Univ. Press, 2000). 204 pgs.
o Federal Privacy Rules for Financial Institutions, by K.M.
Bianco, J. Hamilton, J.M. Pachkowski, R.A. Roth, A.A. Turner
(Riverwoods, IL: CCH Inc., 2000). 504 pgs.
o Fireflies in the Delta (fiction), by Dan Dane (iuniverse.com,
2000). 291 pgs.
o Franchising for Dummies, by Dave Thomas & Michael Seid
(Foster City, CA: IDG Books Worldwide Inc., 2000). 378 pgs.
o Licensing Software & Technology to the U.S. Government: The
Complete Guide to Rights to Intellectual Property in Prime Contracts
& Subcontracts, by Matthew S. Simchak & David A. Vogel
(Riverwoods, IL: CCH Inc., 2000). 450 pgs.
o Memos to the President: Management Advice from the Nation's Top
CEOs, by PricewaterhouseCoopers, edited by James J. Schiro (New
York, NY: John Wiley & Sons, 2000). 237 pgs.
o Model Law for Assisted Treatment, by the Treatment Advocacy
Center (Arlington, VA: Treatment Advocacy Center, 2000). 22 pgs.
Booklet. Order, (703) 294-6001.
o Snake Charmers, by Nancy Ann Mattingly (San Jose, CA: Writers
Club Press, iuniverse.com, 2000). 280 pgs. Fiction. In galley, not
bound, format.
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Wisconsin
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