Blogs & Podcast

Farm bankruptcies are down. David Krekeler explores why that is and the differences between Chapter 12 and Subchapter V filings.

Attorneys who bring civil claims on behalf of a cognitively impaired client need to be aware of their ethical duties in communicating with and representing these clients, writes Nicholas Watt, who also discusses the Rules of Civil Procedure that govern these clients' representation.

In rural Wisconsin, attorneys face inadequate access to resources and overburdened calendars. Jody L. Cooper discusses how lawyers can harness the power of remote paralegals.

Artificial intelligence may be very helpful in conducting legal research, but it is important that attorneys fully understand the impact and risks this new technology poses for the legal field, write Jennifer Schank and Emilie Dozer.

Lawyers in solo and small firms know the unique challenges that come with their practices. Teresa Kobelt explores the vital role played by nurturing referral sources in sustaining and growing your firms.

Common complaints from failed home improvement contractor projects include poor workmanship, warranty issues, and contractor theft. Kevin Trost discusses their legal remedies and offers tips on avoiding such issues.

When is it OK to remove timber in an easement? Jason Brasch discusses the intersection of access easement and timber rights – and says that timber removal is best addressed in the written easement.

Portability in estate and gift taxation allows surviving spouses to combine their own exemption with the unused exemption of their deceased spouse, potentially saving millions in estate taxes. Evan Lin discusses the benefits and drawbacks of electingportability – a complex process that is time-sensitive and requires careful consideration.

The new Corporate Transparency Act places new reporting requirements on many companies and their “beneficial owners” as of Jan. 1, 2024. While there are exceptions to its coverage, most small and midsized Wisconsin companies will have to comply, writes Alexander (Sandie) Pendleton.

While verbal agricultural leases are legal and common in Wisconsin, there are distinct advantage to written leases. Carrie Werle discusses both lease types and why agricultural landowners should use written leases for their tenants.

During trial, attorneys must focus on making a clear and concise record in the court for success in both trial and appellate courts. Nicholas Watt offers five tips on making an effective record during court proceedings.

With the summer months at hand, children as well as adults are both working and enjoying life on farms in Wisconsin. Eliza Reyes explores resources that can help children stay safe when working and living on a farm.

Marijuana is now big business, creating possible dilemmas for lawyers looking to represent clients in what is proving to be lucrative business. As more lawyers take on cannabis-related issues in their practice, it is time to revisit underwriting andclaims handling processes to address these concerns, writes Matthew Beier.

Over the last two years in Wisconsin, farmland values have been increased by roughly one-third – but it’s not all good news for Wisconsin farmers. J. David Krekeler talks about the good, the bad, and the ugly for farmers when their land values increase.

The new Wisconsin Uniform Limited Liability Company Law became effective Jan. 1, 2023. Bryan Tillman identifies three changes likely to have a significant impact on family farms organized as limited liability companies.

Email disclaimers purportedly “required by IRS Circular 230” are not required and should be omitted, writes Joe Malone.

The Perishable Agricultural Commodities Act prevents unfair and fraudulent conduct and can help your farm clients to be paid by wholesalers. David Krekeler discusses when claims under the Act involve a business entity that has filed bankruptcy.

The physical, emotional, and financial toll of being hit by another driver can be significant. Russell Nicolet offers advice to control what you can and make sure you are protected financially in the event of an uninsured or underinsured driver.

A recent Wisconsin appeals court decision shows how challenging is for a defendant to convince a court to enforce waiver-of-liability agreements. Alexander Pendleton discusses lessons on crafting waiver agreements that can be learned from thedecision.

Summer is a time for enjoying Wisconsin’s lakes and rivers – but boating injuries and deaths lead to lawsuits, and lawsuits often lead to bankruptcy. David Krekeler discusses options for debtors involved in boating accident cases.

Dealing with difficult clients is, unfortunately, a day-to-day reality for the practicing attorney. Jennifer M. Schank reviews how the Professional Rules of Conduct apply to the real-world situations when deciding whether to withdraw from representation.

The U.W. Law School's Lawyering Skills Program provides a hands-on practical experience for 2L and 3L law students. Director Ryan Poe-Gavlinski discusses the program, where each week visiting faculty from around Wisconsin give lectures, lead groupdiscussions, and provide feedback to the student participants on the fundamentals of lawyering.

Former bankruptcy debtors have many steps, options, and resources to help them on the road to financial independence. John Menn outlines practical steps for bankruptcy clients to take to gain a fresh start on their finances.

Amending the Wisconsin Constitution is not a quick or easy task, but it is not impossible. Alexander (Sandie) Pendleton and Benjamin Kuhlmann explain the process.

Private landowners may be asked to allow the public to use their land for snowmobiling and other recreational activities. Lindsey Kohls provides an overview of the protections for and risks to private landowners who let others engage in recreational activities on their property.

The increasing numbers of pumpkin patches, corn mazes, hay rides, and petting zoos prove that agritourism and other farm operations are growing in popularity. Matthew Beier explores liability concerns and protections for Wisconsin farmers who invite the public onto their property.

Analysis shows that there are fewer Chapter 12 farm bankruptcies filed this year. But does that actually mean bankruptcies are down? David Krekeler discusses the issue – and the new form of Chapter 11 known as Sub V.

Bias is just as much about people judging you, as it is about you judging others, writes Michael Yang. This insight can be the key to understanding why anti-bias training is critical to all lawyers.

What does a good romantic comedy have in common with running a small business? Stephanie Melnick talks about the lessons learned in the movie "You’ve Got Mail."

Eighteen states and the District of Columbia have now legalized cannabis, and Gov. Evers has proposed that Wisconsin do likewise. Alexander (Sandie) Pendleton discusses the issue and its potential impact on rural communities in the state.

With a new federal administration and much speculation about tax law changes, attorneys can expect their farm clients to ask many questions about how Biden’s proposed tax plan will impact them. Christine Rasmussen examines some of the various tax proposals under the Biden administration.

Terminating an agreement to lease agricultural land can be a complicated process. Jason Brasch explains how to avoid unnecessary frustration and expenses when selling real property subject to an agricultural tenancy.

Farmers are suffering from mental health issues that are compounded by the effects of COVID-19 on their product markets. Eliza Reyes talks about programs designed to help Wisconsin farmers, and how lawyers can help as well.

Sharing public roads with Wisconsin farmers legally operating Implements of Husbandry (IOH) is especially important now, during harvest season. Matthew Beier answers the question: May a farmer drive that thing on the road?

Even before the coronavirus struck, farming has been changing. David Krekeler discusses the changes, over the past century, that have altered the family farm in Wisconsin – and gives an overview of Chapter 12 farm bankruptcies.

The Wisconsin Supreme Court in recent business-dispute decisions has indicated that judges have the ability to be more demanding of claimant’s counsel when considering motions to dismiss for a failure to state a claim. Alexander (Sandie) Pendleton comments on these developments, and the related developments as to the incorporation-by-reference doctrine, and the economic loss doctrine.

With the rise in residential and commercial development in rural areas, rural property owners may face an unplanned expense – building or repairing a fence. Jason Brasch explains what to know about Wisconsin’s fence laws.

After being prohibited for decades, hemp plants can now be grown by Wisconsin farmers. Colleen Martine discusses the plant and its regulatory history, and offers advice for attorneys with clients who grow hemp.

In this COVID-19, social-distancing world, judges are more than ever before holding criminal court via video. Michael Yang discusses what to consider when your client is scheduled for a video hearing.

A recent U.S. District Court decision addresses time limits and other issues on harvester’s liens under Wis. Stat. section 779.50. J. David Krekeler discusses the case and the decision, and what it may mean for Wisconsin custom harvesters.

Wisconsin’s Right-to-Farm law is back in the spotlight with the first proposed changes since the 1990s. Cathleen Dettmann discusses the history of the law and the status of the proposed changes.

At this time of year, ag attorneys should facilitate year-end business valuation discussions with their farm clients. Christine Rasmussen discusses the importance of setting entity values in the farm context.

As farmers grapple with international competition, natural disasters, trade wars, and other challenges, they need legal guidance to successfully navigate the many changes to immigration laws and policies that affect them and their workers. Matthew Beier discusses the intersection of farm labor and immigration policies, and the rise in need for legal assistance for immigrants. “If farmers are no longer able to find enough workers, agricultural output could decrease by up to $60 billion,” he writes.

Farmers understand long-term investment in community, and in choosing a lawyer they can trust, they may evaluate how invested a lawyer is in their community. Kate Knowlton offers tips to strengthen long-term relationships in a local rural community and tobuild mutually beneficial and lasting partnerships with family farmers. “By understanding and participating in the local community, lawyers can establish confidence in farmers to seek legal advice,” she writes.

Recently signed into law, the Family Farmer Relief Act more than doubles the debt limit for family farmers seeking Chapter 12 bankruptcy relief. J. David Krekeler discusses the impact the Act may have, and why action is needed to assist family farmers.

A recent Wisconsin Farm Bureau Survey reports farmers are now receiving less than 15% of the money consumers spend on groceries. Nancy L. Trueblood talks about the survey and its impact, and urges attorneys to be aware of the perennial – and season-specific – issues faced by their clients who are Wisconsin farmers.

Residents of rural Wisconsin counties who require long-term care will likely have to move farther from home, and compete for fewer beds, than their urban counterparts. Continued facility closings threaten to exacerbate the disparity.

Spring is planting time in Wisconsin, but not all farmers have enough operating capital to cover planting costs. J. David Krekeler discusses the financing options for spring planting.

Getting paid on time can make the difference between success and financial difficulty for agricultural custom operators who deal with large accounts. J. David Krekeler talks about helping custom operator clients to stay on top of collecting their accounts receivable.

Get to know your malpractice carrier’s claims attorney, suggests Matthew Beier. In addition to expanding your network, a good relationship with your claims attorney can help you avoid common legal malpractice pitfalls, and improve the chances of successful claim prevention and resolution.

Amid parties and presents, how is our profession faring at the end of this year? Kate Knowlton takes a Dickensian visit upon some 2018 cases that remind lawyers their work is vital to the justice system, culture, and society. “These ghosts of our legal past and present point to a less frightening future,” she writes.

There was an increase in farm bankruptcies in 2017 and 2018 in Wisconsin, making them among the most in the nation. David Krekeler discusses the implications of the trend and its impact on family farms.

Wisconsin’s Department of Agriculture, Trade, and Consumer Protection is wrapping up the first year of its pilot research program into hemp cultivation and hemp product manufacturing. Cathleen Dettman discusses the program, and suggests that interested Wisconsin farmers should beware of the program’s many rules and limitations.

There are many positive commonalities among lawyers in a solo practice, whether they are in a rural or urban setting. Christopher Shattuck discusses a few resources to help you boost your practice no matter your location.

Lawyers who represent farmers or farm lenders are often surprised to learn of the unique liens that can arise by operation of law and without Uniform Commercial Code requirements. Troy Schneider describes three of these liens and their legal requirements.

Modern farms often consist of many interrelated owners and entities. Bridget Finke discusses the importance of considering the entire farm operation when assisting on a specific project.

Solving the financial problems of a family farm requires all the skills possessed by good insolvency lawyers as well as an understanding of agricultural business and production, says J. David Krekeler. Helping a family farm business requires knowledge of the various factors and challenges unique to a family farm.

Family farm planning often involves more than just financial and tax matters. Often, an understanding of the delicate nature of human relationships is just as or even more important than the “numbers.” Troy Schneider examines the quality of humility in family farm planning.

A recent change in tax law may help more farmers survive tough financial times, although issues still remain. David Krekeler discusses the Additional Supplemental Appropriations for Disaster Relief Requirements Act 2017, and what it means for farmers facing bankruptcy.

Farms, more than ever, have greater amounts of cattle, machinery, equipment, facilities, and land at inflated values; and greater existing debt and greater gross income, but smaller profit margins. As such, a family farm divorce can be devastating to the farm family and its continued viability. Troy Schneider provides strategies to take when drafting marital property agreements that include a plan for farm succession.

The Wisconsin legislature recently revised its definition of implements of husbandry, to meet changes in agricultural equipment sizes, types, and scales of operation. Roberta Heckes outlines these changes, which involve new weight, height, and length restrictions, as well as lighting and marking requirements.

Decisions are complicated when succession planning includes a family business - such as the family farm. Bridget Finke discusses how dividing the decisions between a disaster plan and the succession plan can help simplify the farm transition process.

Generational, technological, and policy changes ahead for agriculture in the U.S. mean attorneys serving rural clients are in a unique position to affect the future of rural America and agriculture worldwide. Nancy Trueblood talks about why the future is bright for lawyers in agriculture law

The Solo/Small Firm & General Practice Section announces a new blog for attorneys who practice in rural areas and in the area of agricultural law.

Attorneys who represent rural landowners should be prepared to advise their clients on tax credits available via the farmland preservation law, especially for clients who are retired farmers renting their land for farming. Troy Schnieder talks about the law and what is required to claim tax credit.