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Wisconsin Lawyer
The Official Publication of the State Bar of Wisconsin
May
2015
Volume
88
Number
5
Features
An Introduction: American Indian Tribes and Law in Wisconsin
Whether your practice overlaps with tribal law, this general orientation will help Wisconsin lawyers understand the history and current status of American Indians and their tribes’ self-governance and law in the United States. The authors provide contact information for Wisconsin’s 11 tribes for lawyers interested in gaining admission to practice in tribal courts.
By Rebecca M. Webster, Andrew Adams III & David R. Armstrong
Marital Waste: Within the Eye of the Beholding Court
Wisconsin’s family law statutes presume that a couple’s property will be equally divided at separation or divorce. Marital waste is one factor that may allow a deviation from this presumption, but different courts treat marital waste in various ways. Here are some strategies for effectively representing divorcing clients who may have wasted marital assets, or who believe their spouse wasted assets and are seeking compensation in support or the division of marital assets and debts.
By Sara L. Gehrig
Out of Sight, Not out of Mind: Deposition Ethics and Best Practices
Recent cases have led attorneys and courts to focus on obstreperous conduct during the discovery process. This article identifies the intersection between the discovery rules and the rules of professional responsibility and then focuses specifically on how professional responsibility applies to the deposition process – from noticing the deposition, to preparing the witness, to taking and defending the deposition, to post-deposition practices.
By Hon. Michael J. Aprahamian & Jesse L. Beringer
Web Extras
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Innovate to Get Clients, Close the Justice Gap
May 6, 2015 – New innovations allow attorneys to reach people “who we traditionally have not been able to provide services for because of the … expansion of technology,” says William Hubbard, president of the American Bar Association.
Opinions, Voices & Ideas
President's Message
Speaking Up for an Independent Court System
Robert Gagan says members can help promote Wisconsin’s court system by advocating for increased resources for government lawyers, court personnel, and the facilities in which they work.
Your State Bar
A New Maginot Line?
George Brown asks, rather than defend against inevitable competition, wouldn’t our resources be better used creating our own innovations in how legal services are delivered?
101
Getting & Giving Referrals, Part 1: How to Get More Good Referrals for Your Law Practice
To build a steady stream of referral business, Mary Lokensgard, says first figure out who is likely to send potential clients to you and then intentionally approach them about giving you referrals. Here’s how.
As I See It
It’s Time for Creative Disruption
ABA President William Hubbard says thinking differently about how lawyers deliver legal services may provide solutions to many of the challenges facing lawyers and people who need, but can’t afford, legal services.
Ethics
Monitor Content, Not Source, of Professional Endorsements
When evaluating the ethics of LinkedIn and similar endorsements, Dean Dietrich says what’s most important is not who knows you, but what you know.
Solutions
Engaging the Third Sovereign: The Nature, Reach, and Sources of Tribal Law
Although not all tribal law is easily accessible, you can find what is available to the public with this handy guide from U.W. law librarian Bonnie Shucha.
Technology
So, You Want To … Project a Professional Image Using a Virtual Receptionist
You have a lean operation, so why, Tison Rhine asks, pay a staff’s salary when you have other options?
Managing Risk
Suing for Fees: Look Before You Leap
Fee disputes can cause and influence malpractice claims. Tom Watson says the best strategy is to avoid fee disputes in the first place. Here’s how.
Final Thought
I Got Fired
Brandon Evans says don’t let pride get in the way of gaining experience, and don’t let one bad experience get in the way of your growth as a lawyer.
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