On the Radar

The Right to Bear Arms: Wisconsin Joins Second Amendment Case

Wisconsin has joined an amicus brief in support of a petition to the U.S Supreme Court to determine whether a San Francisco ordinance that requires citizens to lock up handguns in homes violates the right to keep and bear arms under the Second Amendment to the U.S. Constitution.

Wisconsin is one of 26 states to sign the amicus brief, submitted by Nebraska. The Ninth Circuit Court of Appeals upheld the ordinance.

“We must act, because if the decision by the federal Court of Appeals is not reversed, the precedent it sets could influence policy decisions and court holdings affecting the Constitutional rights of citizens within their homes, not just in the City of San Francisco, but anywhere in America, including Wisconsin,” Wisconsin Attorney General Brad Schimel said in a statement.

Source: Wisconsin Department of Justice, News Release

By the Numbers

15

The number of individuals who are sitting for a March 2015 exam in Washington state to become Limited License Legal Technicians (LLLTs), according to the ABA Journal.

“These nonlawyers will be licensed by the state to provide legal advice and assistance to clients in certain areas of law without the supervision of a lawyer,” Robert Ambrogi notes.

Washington is the first state with a formal licensing program that allows nonlawyers to provide legal advice in limited circumstances. But California and other states are considering the same path as they look for ways to close the justice gap for Americans with low or moderate incomes.

“It’s easy to see how this could be a win for low- and middle-income people who currently find themselves floundering in the access-to-justice gap,” writes Sam Wright for Above the Law. “But it’s also easy to see how this could be a blow to the present-day legal profession with its hordes of underemployed lawyers.”

Also see: “Practicing in Interesting Times” (Final Thought column).

Tech Tip

Mobile Lawyering: No, You’re Not Too Old For a Backpack

As the travelling attorney knows well, lugging a briefcase or shoulder bag around is not always convenient or comfortable. And as attorneys begin to carry fewer documents and more electronic devices – through the airport, on the road, and in the courthouse – the travelling attorney is also probably familiar with battery drain. 

For an elegant solution to both problems, consider something like the TYLT Energi+ Backpack with built-in battery.  With separate storage for your laptop, phone, tablet, chargers, and even eyeglasses, the Energi+ will keep you organized. And with its built-in 10,400 mAh (removable) battery, which uses a convenient cable management system to charge devices right in their respective resting places, your days of searching for outlets may soon be over. 

On the negative side, the battery isn’t powerful enough for laptops, but it should work with most other devices.  And, at $200 (though I’ve seen it for under $150), the Energi+’s construction and zippers are a bit of a letdown when compared to similarly priced or more expensive packs. 

Still, the Energy+ is the best battery backpack I have seen so far. After two months of personal use, it gets my recommendation for on-the-go attorneys who don’t need a lot of space for paper documents.

Source: Tison Rhine, State Bar Practice Management Advisor

Good Idea

Camera Phones and Court Records: Bypass Copying Fees?

Prior to leaving office, former Wisconsin Attorney General J.B. Van Hollen issued a formal opinion on whether copying fees apply when someone uses personal technology, such as camera phones, to make copies of court documents.

Van Hollen concluded that a clerk or register of probate may not charge a fee if copies are made without the assistance of the clerk or register. But he also said that clerks and registers can choose whether or not individuals can make copies with personal technology.

Source: Wisconsin Department of Justice, OAG-12-14

On the Lookout

New Year Brings Same Old Juror Scams

The FBI and U.S. courts are warning consumers about jury duty scams that could lead to identity theft.

Scammers pose as local court workers by phone and say a warrant has been issued for failure to appear for jury duty.

The scammer will say the matter can be resolved if the subject verifies his or her Social Security number, date of birth, and other personal information. Other scammers solicit “online jury duty questionnaires” that ask for personal information, threatening the subject with fines or arrest if the information is not provided.

Anyone receiving these solicitations should contact the local police department or the Wisconsin Consumer Protection hotline at (800) 422-7128.

Did You Know?

The Rules on Gift Cards and Certificates

If you received a gift card or gift certificate during the holiday season, you’ll have five years to use it. Under Federal Reserve rules, the expiration dates on gift cards and printed or electronic gift certificates must be at least five years from the date of purchase. But issuers can start charging monthly fees on gift cards that are not used within a year.

The so-called “dormancy” or “inactivity” fee may be charged once per month with no limit. The fee must be clearly disclosed, so check the fine print. Cards or certificates issued as a reward or part of a promotion can expire in one year. Also, gift card issuers are not required to replace lost or stolen gift cards.

Some states, such as Massachusetts, extend gift card expiration dates beyond the federal requirement. The federal rules apply in Wisconsin, however, which does not regulate the sale of gift cards and certificates.

Moral of the story: Use your gift card within a year to ensure you get full value.

Source: Wisconsin Department of Agriculture, Trade and Consumer Protection