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Features

Emerging Practice Area: The Regulation of Greenhouse Gases

Given the number of current climate laws or initiatives in Wisconsin and other states aimed at regulating greenhouse-gas emissions and developing “green technologies,” and the high probability of sweeping federal government action within the next few years, lawyers should stay at the forefront of this rising legal practice area.

When Nonlawyers "Represent" LLCs

If a limited liability company faces litigation, its nonlawyer members risk violating the unauthorized-practice-of-law statute if they try to represent the entity and face losing limited liability protection for the LLC’s liabilities. As more businesses form as LLCs, and as more litigation involving LLCs ensues, lawyers must develop strategies to both serve their clients and deal ethically with nonlawyer "representatives."

The Perils of Plain Language: Statute of Limitations for Child Sexual Assault Defendants

In State v. MacArthur, the Wisconsin Supreme Court concluded that the expanded statute of limitation for child sexual assaults must be interpreted literally, not constructively, with the result that some future child sexual assault defendants may escape prosecution while other defendants may be subject to prosecution without any time limit. The difference in treatment depends on whether the alleged crime occurred before or after July 1, 1989.

Opinions, Voices & Ideas

Inside the Bar
Shape the Profession, Expand Your Network
The important work you do when participating in a section, division, or committee helps to shape public and State Bar policy and supports programs for the benefit of all members.

President's Message
Marvelous Technology
The marvels of technology have improved our personal and professional lives, with gadgets such as scanners, laptops, even GPS units. But just when will that automatic shut-off switch be available for download?

Ethics Opinions
E-09-01: Third Party Lien on Settlement Proceeds
The State Bar Professional Ethics Committee issued Formal Opinion E-09-01, outlining a lawyer’s responsibilities when a client gives a third party a “lien” on settlement proceeds.

Ethics
Closed Client Files: Hold ’em or Fold ’em
In poker, not knowing when to hold ’em and when to fold ’em may mean you leave your stake on the table and stumble away hat-in-hand. In law practice, not knowing when to hold closed client files and when to destroy them might expose you to an ethics violation. Neither result gets you to the kitty.

Practice Tips
New Rules for Conducting Depositions outside Wisconsin
Effective July 1, 2008, revised Wis. Stat. section 887.26 changed the rules on conducting depositions outside Wisconsin. Such depositions now will be done in the same manner as if conducted in Wisconsin.

Practice Tips
No More Marina Condominiums
Wisconsin now carefully defines marina condominiums and prohibits their development as a matter of public policy.

Technology
Social Media – Building a Rep Online
The social media networking phenomenon is rapidly taking hold in the business world. What started as a trend among teenagers is now competitive with other online marketing efforts of businesses, including law firms and lawyers. As the social media explosion continues to shake out, three platforms have risen to the top: LinkedIn, Facebook, and Twitter.

Managing Risk
Using Office Staff Effectively
Good lawyers know they need excellent employees to help with administrative procedures and timely client communications, thereby reducing the risk of malpractice claims and increasing satisfaction in your successful practice.

Marketing
Marketing Your Firm During an Economic Decline
Has your law firm experienced a decline in business? Read why marketing is one expense you should not cut from your budget and how to get the most bang from your marketing buck during a slow economy.

Legal Writing
Update Contract Language to Meet 21st Century Readers
Some drafters continue to use archaic language in contracts, often with the belief that such “formal” language lends weight or credence to the document. But today’s parties to contracts and other readers who need to interpret these documents find archaic language to be unclear, wordy, and downright irritating, sometimes even sexist. Here are some ideas to bring your contracts into the 21st century.