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Wisconsin Lawyer
The Official Publication of the State Bar of Wisconsin
January
2018
Volume
91
Number
1
Features
Personal Injury: When Criminal and Civil Law Intersect
A personal injury hypothetical highlights the civil law issues that criminal defense lawyers should consider and how those issues can affect the criminal case. It also addresses the considerations for civil lawyers when confronting a matter with an ongoing, parallel criminal case that arises from the facts of the civil dispute.
By Erika L. Bierma & Jason Knutson
Representing Domestic Abuse Survivors
Domestic abuse and violence survivors may seek representation in many types of cases in which the abusive power and control dynamic has a direct effect. These clients might have special needs during legal representation, whether or not the case involves the alleged abuser.
By Amanda R. Rabe & Megan Lorna Sprecher
Fiduciary Duties of LLC Members and Managers
A State Bar committee is working with the legislature to revise chapter 183 to define the duties of LLC members and managers. In the interim, lawyers should advise clients intending to form an LLC that the best practice is to use an operating agreement to clearly define member's duties.
By Joseph W. Boucher & Andrew J. Kramer
Rubber Meets the Road:
Future Medicals in Injury Cases
Increased enforcement regarding set-aside arrangements is a given, so if you represent plaintiffs with personal injury claims, evaluate each case for Medicare Secondary Payer considerations. Failure to do so could leave clients with large financial obligations to the government and you with potential malpractice exposure.
By Aaron Frederickson
Opinions, Voices & Ideas
President's Message
Unacceptable Behavior: Sexual Abuse and Harassment of Women
State Bar President Paul Swanson says lawyers know what proper conduct in the workplace is, what we can say to colleagues without offense, and when not to demand what is not right.
Your State Bar
Membership Has Its Privileges
Executive Director Larry Martin asks, "Need assistance in your professional or personal life?" Chances are help is just a phone call away, at the State Bar.
101
13 Lessons About Lawyering – And Life
Kelly Twigger shares her best pieces of advice for lawyering, building your reputation, and generally surviving. These are the things she wishes she knew when starting to practice.
Ethics
Encouraging Client Misconduct Risks Sanctions
Telling a client to take an action that would violate the professional conduct rules if engaged in by the lawyer is itself a violation of the rules, Dean Dietrich reminds.
Reflections
"Happy Lawyer" Is Not a Contradiction
Let's make it okay to be a happy lawyer, says Deanne Koll. Let's celebrate our profession.
Solutions
The Need for Speed: Commercial Court Open for Business
A commercial court pilot project in Waukesha County and several Green Bay-area counties speeds up litigation, says Judge Michael Aprahamian, and judges are gaining increased expertise in business law.
Technology
Pick Your Winner: Annual Smartphone Lineup
Aly Lynch compares the most well-known smartphone models and some lesser-known rivals competing for consumers' attention.
Final Thought
It's the Right Thing to Do
Kathy Chung lauds the State Bar’s Diversity Counsel Program and encourages law firm participation in the Diversity Clerkship Program.
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