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Home
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Wisconsin Lawyer
Official Publication of the
State Bar of Wisconsin
June
2025
Volume
98
Number
6
Features
The Impetuous Vortex: The State of Separation of Powers after Evers v. Marklein
The status of separation of powers – whether rulemaking is a legislative or executive function – is in flux in Wisconsin. Two cases brought by Governor Tony Evers will have wide-ranging effects and, potentially, reimagine the nature of administrative agency power. It is possible, but not a certainty, that the Wisconsin Supreme Court will acknowledge that administrative rulemaking power is legislative in nature but requires execution of the law and is thus a hybrid power.
By Christian A. Hanson
Ann Walsh Bradley Retires: A Jurist with Wisconsin DNA and Global Reach
Coming from a family that has lived in Wisconsin since the 1850s, Richland Center native and Wausau resident Chief Justice Ann Walsh Bradley, who has earned many "firsts" in her career, lives in gratitude to family while honored to have served the people of Wisconsin.
By Jay D. Jerde
Effective Advocacy at Mediation of Personal Injury Cases
The author discusses some aspects of personal injury cases that require attorneys to take special care during mediation when representing clients who have been injured or parties alleged to be at fault or financially responsible for the damages.
By Anne MacArthur
Attorneys' Legal Obligations When Coming into Inadvertent Possession of or Access to Child Pornography
Sometimes attorneys or their agents (including experts) inadvertently come into possession of child pornography outside a law enforcement setting or a circuit court finds that law enforcement agencies have failed to make such evidence reasonably available for inspection by the defense. The author advises how to proceed in such situations.
By Sean Lee Harrington
Opinions, Voices & Ideas
President's Message
Be You!
Ryan Billings urges lawyers to use their education, training, and talents not only in the courthouse and the boardroom but in the marketplace, the public square, and everywhere they go.
Your State Bar
Remembering and Honoring a Generation
Larry Martin reflects on the "greatest generation" that served to protect a free democratic society and wonders if our and future generations will be remembered for sharing a similar commitment.
As I See It
Justice Brian Hagedorn: Lawyer Regulation, Politicization, and Threats to the Constitutional Order
Wisconsin Supreme Court Justice Brian Hagedorn addressed the State Bar's Board of Governors in April. His remarks highlighted what he sees as three challenges to our legal system.
Managing Risk
Staying Human in the Age of AI
In the age of artificial intelligence, Matthew Beier explores why communication on a human level still matters for Wisconsin lawyers. Under SCR 1.4, effective communication is not just about the law; it's about human connection, empathy, and responsivenes
Ethics
Disbursing Funds from Client Trust Accounts to Pay for Legal Services
Dean Dietrich explains that under the fee rule (SCR 20:1.5), a lawyer must fully notify the client of the services provided, the amount due, and the amount remaining in the client trust account to pay for future legal services.
Ethics Opinion
Ethics Opinion EF-25-01: Lawyers as Witnesses
On April 7, 2025, the State Bar of Wisconsin Professional Ethics Committee issued Opinion EF-25-01, discussing lawyers' obligations as witnesses in a legal matter.
Nuts & Bolts
Mind the Gap: Legal Hurdles to Securing Long-Term Disability Benefits for Mental Health Claims
Jessa Victor says by understanding the barriers to comprehensive coverage of mental health disorders, lawyers can safeguard their own financial security and help clients who seek disability benefits for such disorders.
Rotunda Report
Any Given Session Day
The State Bar's government relations team paints a picture of a day in the life of dedicated lobbyists about the issues they cover, the relationships they nurture, and more.
Final Thought
Catastrophizing
Deanne Koll says a trait that might be seen as pessimism in everyday life is indispensable in legal practice – but it's important to keep it in check.
Also Inside
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Jun 09, 2025
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