Book Reviews
A Concise Guide to Successful
Employment Practices, 3rd Ed.
By J.D. Thorne (Riverwoods, IL: CCH Inc., 2000). 508
pgs. $49.95. Order, (800) 248-3248.
Reviewed by Theodore D. Kafkas
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This book is a practical guide to legal and management employment
concepts. While the critical analysis and tone are written from an
employer's viewpoint, the book's underlying information could be useful
to the employee side of the equation. The book's numerous topics take
the reader through the entire employment relationship from hiring to
termination. It provides employee handbook suggestions, tackles wage and
hour laws, discerns prudent supervisory techniques, dissects
unemployment compensation claims, addresses equal employment opportunity
law challenges, examines how to avoid unions, and discusses how to
comply with a myriad of regulations. Throughout the book, Thorne
discusses how to avoid many possible legal penalties and high damages in
a persuasive, cost-versus-benefit approach. The book provides expert and
practical techniques for employers to efficiently manage employees,
avoid courts and, if necessary, win cases.
The book's accessible style increases its usefulness to readers. The
book includes a full table of contents, interesting statistics, helpful
forms, suggested auditing approaches, excellent samples, analytical
guidelines, tips that reflect the author's years of experience, valuable
checklists, and an index.
The book also would be useful for students. The tests at the
beginning of each chapter (answers are at the end of each chapter) make
this book a great learning tool.
Thorne packed a lot of useful information and analysis into this
book. However, the author seems rushed in a few areas and completely
devoted in others. This book also has some errors, most of which are
only typographical, but there are some confusing passages. While this
third edition is mostly well organized, the author could rearrange
chapters and refine some areas. For instance, one example is repeated
almost word-for-word in two different chapters. In addition, most
unfortunately, this book is rife with a lack of citations for quotes and
many cases to which the author refers. This annoying lack of citations
detracts from the book's usefulness as a resource.
When the author is focused, he takes absolute flight and is enjoyable
to read. If the book provided all citations and was better edited, it
would improve from very good to excellent. Still, the book is worth
reading.
Theodore D. Kafkas, Marquette 1990, is a sole
practitioner in Milwaukee. He has a BBA suma cum laude,
U.W.-Milwaukee.
Asset Protection Planning
Guide
By Barry S. Engel, David L. Lockwood, & Mark Merric
(Riverwoods, IL: CCH Inc., 2001). 660 pgs. $99. Order, (800)
248-3248.
Reviewed by Stephanie G. Rapkin
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The premise in the Asset Protection Planning Guide: A
State-of-the-Art Approach to Integrated Estate Planning is that all
estate planning clients, not just the mega-wealthy, need asset
protection as part of an integrated approach to estate planning. The
failure to do so may even be grounds for a malpractice action against
the estate planner. The book lays out the reasons why this premise is
necessary in a very thorough and compelling manner.
Retirement plans and various types of insurance don't always provide
the necessary type of protection or coverage. The loopholes found in
insurance policies are examined in one chapter, as is the real lack of
protection afforded to retirement plans.
While there is no one right way to design a plan, there are many
wrong ways, including outright fraud. Practitioners must consider the
various tools and techniques available and how much protection each
method or combination of methods offer. The authors discuss various
court decisions, examining in detail why and how the court was able to
pierce the asset protection veil.
Barry Engel has created a ladder of asset protection vehicles and
assigned values to the various techniques. Each method is examined in
detail and the pros and cons of each are assessed in 10 of the 17
chapters. While some of the techniques are rather simple and others are
extremely complex, the book lays out in a readable manner how each
works, as well as its benefits and determents.
Also included is a full discussion of fraudulent transfers and
ethical considerations for the attorney. Comments and planning notes
assist the reader in determining an appropriate course of action. The
authors never encourage the client or the planner to engage in
fraudulent transactions or unethical behavior. The authors include an
affidavit they use in their practice before engaging in asset protection
matters with their clients.
The appendix provides all the practice tools an attorney might use on
a regular basis when dealing with asset protection. It includes the
reprinted law, sample agreements of both substantive and procedural
matters, and charts comparing and contrasting how the techniques work in
various jurisdictions.
While a considerable amount of research has gone into this book, it
is not a dry and boring treatise. The authorities for the propositions
and law cited are documented; however, the text is a practical guideline
and suggestion manual with significant amounts of practice material
incorporated into each section and the appendix.
Stephanie G. Rapkin, California Western 1982,
maintains a law office in Mequon.
Consumer Culture & TV
Programming
By Robin K. Andersen (Boulder CO:, Westview Press,
2000). 320 pgs. $28. Order, (303) 444-3541.
Reviewed by Timothy McAllister
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In many ways we have returned to the golden days of television - gold
rules what is available for programming. In the early years of
television, corporate sponsors directly chose program content and
monopolized a show's advertising. Under today's more modern system, the
willingness of corporations to sponsor a TV show can mean life or death
for the program.
The blending of TV entertainment and corporate advertising structure
has led to "commercialtainment," where programs and product
reinforcement are one. "Complementary copy" in print journalism refers
to the adjacent placement of articles and reinforcing advertisement for
products. The same happens on TV; examples abound of actors referring to
real products during a program, resulting in additional realism and
enhanced, almost subliminal, product reinforcement. Corporations
carefully choose the programs and situations in which to place their
products, thus manipulating program content as the networks seek to
maximize commercial value and profits.
This blending also takes place in news programming, when corporations
provide "video news releases" to TV stations to fill news broadcasts.
For example, if a local station has a week-long series on its evening
news about depression or some other ailment, it is likely that most of
the "story" and footage were provided by a pharmaceutical corporation,
which indirectly promotes its products through consumer awareness.
Robin Andersen, in Consumer Culture & TV Programming, does an
excellent job of delving into the manipulative mechanics of what is
probably the most potent medium ever used by corporate structures and
others.
Through the use of techniques such as focus groups, the psyches of
consumers and voters are probed to find the emotional resonance points
to develop more effective advertisements. Soothing short-term anxiety,
viewer-consumers are convinced that there is little difference between
having and being. Advertising promises emotional well-being and
satisfaction, and consumers are willing to accept these promises rather
than face their own social and psychological problems.
The tension between the promised and the received yields perpetual
layers of illusion. "Lifestyle advertising" makes it possible, and
acceptable, to be a member of a nonconformist group of individuals who
identify their nonconformist members through similar consumer and
cultural consumption.
In-depth chapters dealing with the pop psychotherapy available
through talk shows, the manipulation of social agendas through "reality"
programming, and the influences of both of these techniques on politics
round off a well-written and thought-provoking work. Andersen's ability
to flow from casual discussion to detailed social science analysis is a
rare treat.
I recommend reading this book before watching that next television
show.
Timothy McAllister, UW-Oshkosh 1998 MPA, is an
offender classification specialist for the Wisconsin Department of
Corrections.
Managing Partner 101: A Guide to
Successful Law Firm Leadership, 2d Ed.
By Lawrence G. Green (Chicago, IL: ABA Law Practice
Management Section, 2001). 126 pgs. $39.95. Order, (800)
285-2221.
Reviewed by Michael L. Winkelman
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Http://www.dictionary.com defines a hornbook as "a text that
instructs in the basic skills or rudiments of a subject." This is your
hornbook for new managing partners.
With a premise that the managing partner is the CEO of the firm, the
author lists the numerous managing partner responsibilities, while
noting that a managing partner also acts as the firm's representative at
important events.
The author, at one time a managing partner himself, states that a
managing partner will use many methods of leading the firm, but appears
to favor leadership by example. The author used an open management
style, with an open door policy, walking the halls and speaking with
individuals in the firm. The qualities of a managing partner are
detailed with 11 attributes, including humor. Green recommends carrying
a notebook with personnel, calendar, and to-do information.
While firm organization, coordination, rules, and policies fall high
on the managing partner's responsibility list, information technology
(IT) is recognized as a critical component within a firm. A
diverse-member computer committee should deal with hardware and software
issues, and advise the managing partner about policies regarding use,
training, feedback, security, contingency/back-up, telecommuting, and
ethics of IT use by the firm employees and partners.
In the human resources area, Green suggests implementing a Code of
Interpersonal Conduct, if necessary, to manage interaction between staff
and lawyers, and possibly also a Client's Bill of Rights, to define the
relationship between the firm and its clients.
This book is a short read, contains a good basic outline of managing
partner responsibilities, and functions well as a reference. At the very
least, a reader can use the book for comparison to an existing managing
partner job description and responsibilities. While this is not intended
to be a complete managing partner handbook (the listed ABA references
are helpful), it would be beneficial if the next version included some
additional real life examples, tips, policies, rules and procedures, and
specific references within the context of the book.
This book and its four cornerstones for a successful law practice -
1) provide clients with a quality legal product and quality service
within its expertise area; 2) provide lawyers and staff with a healthy
working environment; 3) adhere to high standards in both legal and
business ethics; and 4) be financially sound - will help any new
managing partner be a successful managing partner.
Michael L. Winkelman, Loyola 1982, focuses on
intellectual property and business law from his Appleton office.
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.
- Compensation Plans for Law Firms (3d ed.),
edited by James D. Cotterman (Chicago, IL: ABA Law Practice
Management Section, 2001). 140 pgs.
-
To Look Like America: Dismantling Barriers for Women and
Minorities in Government, by Katherine C. Naff (Boulder,
CO: Westview Press, 2001). 284 pgs.
-
Making Sense of the ASFA Regulations: A Roadmap for Effective
Implementation, edited by Diane Boyd Rauber (Washington,
DC: ABA Center on Children and the Law, 2001). 279 pgs.
-
Making Work Work for You,by Gary A. Hengstler
(Chicago, IL: ABA Career Resource Center, 2001). 78 pgs.
-
Making Your Record: Courtroom Guidebook for Attorneys and Law
Students, by Leticia Araujo Perez (Notre Dame, IN: National
Institute for Trial Advocacy, 2001). 126 pgs.
Wisconsin
Lawyer
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