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Wisconsin Lawyer
Official Publication of the
State Bar of Wisconsin
February
2026
Volume
99
Number
2
Features
Wisconsin's Northern Border Conflict Revisited
Boundary disputes are common between private property owners, local governments, states, or nations. This article discusses the disagreement between the states of Wisconsin and Michigan about Wisconsin's northern border. The dispute, dormant for many years, was resolved by the U.S. Supreme Court in 1926 after Michigan brought an original-jurisdiction action.
By Douglas H. Frazer
Evidence, Procedure, Fairness: Applying the Rules in Family Court
The author discusses the importance of the rules of evidence, and to a certain extent the rules of civil procedure, in family court trials. This issue deserves special attention by judges and lawyers in the family law context because family law litigants are in as much need of "truth-finding" as litigants in any other area of practice.
By Hon. Thomas John Walsh
As I See It
The Challenge of Handling Pornography and Other Incriminating Evidence in Wisconsin
Possession of some types of incriminating evidence poses challenges not only for defendants but also for their lawyers. Child pornography is a prominent example. The authors explore differing views as to how lawyers should deal with such evidence if they are aware of its existence or if they have been given the evidence or a device that contains the evidence.
By Rodney John Uphoff & Peter A. Joy
Opinions, Voices & Ideas
President's Message
Paralegals: Your Small-Firm Growth Partners
Dan Gartzke recognizes February as Paralegal Month and says it's a good time to consider the value paralegals can provide to your law firm.
Your State Bar
Deepening the Attorney-Client Bond
Jill Rothstein says February, with its shorter days and heavy workloads, is a perfect time to let the State Bar of Wisconsin serve you and your practice.
101
Litigating with Judgment: What Abraham Lincoln's Trial Practice Teaches Modern Lawyers
The underlying principles that guided Lincoln's approach to litigation remain relevant. Sameer Somal says effective advocacy still depends on discernment, proportion, and credibility and suggests those qualities may be more valuable than ever.
Ethics
It's Not You, It's Me, Except It's Definitely You
The American Bar Association's new Formal Opinion 519 clarifies what lawyers can and can't tell the court when they withdraw. Stacie Rosenzweig explains.
Solutions
A Day in the Life of Civil Legal Aid – Where You Can Make a Difference
Francesca E. Voci, a full-time civil legal aid provider, presents a typical day in her life working on eviction cases with the Legal Aid Society of Milwaukee. Perhaps you'll be inspired to make a difference by doing part-time pro bono work.
Listening to Lawyers
Sexual Assault, Lawyering, and Well-being
Representing plaintiffs or defendants in civil and criminal cases involving allegations of sexual assault can be very stressful, especially when the attorneys themselves are survivors. Amber Ault suggests ways attorneys can prepare themselves for the challenges posed by these cases.
Managing Risk
Rising Claims, Shifting Risks – A 2025 Malpractice Snapshot for Wisconsin Lawyers
Matthew Beier reports the number of legal malpractice claim matters opened by WILMIC was higher in 2025 than in 2024, but the severity of claims and the number of high-reserve claims remained low. Learn how to lower the likelihood of committing errors.
Technology
Incident Response Has Become a Law Firm Survival Skill
Michael C. Maschke, Sharon D. Nelson, and John W. Simek assert that whether a law firm recovers from a cyber incident is directly proportionate to a firm's preparedness to do so immediately.
Final Thought
America@250 and the 100th Anniversary of Black History Month
Hon. Maxine Aldridge White says 2026 is an especially appropriate time to learn about efforts by Wisconsin residents and courts to advance equal rights for Black people, as enshrined in the Declaration of Independence.
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