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Wisconsin’s Working Lands: Securing Our Future

The Working Lands Initiative is a cooperative state and local government and private effort to save farmland, protect the environment, and minimize land-use conflicts. A new law provides enhanced tax credits for farmers whose land is protected for agricultural use and who adopt sound environmental practices. The law provides new opportunities for public-private partnerships, and encourages a renewed community focus on farmland preservation and land-use planning.

Proposed Rules for Electronic Discovery

The new amendments to the Wisconsin Rules of Civil Procedure recognize the significance of electronically stored information in the discovery process. These amendments, which are effective, encourage early participation by the court and the parties in addressing discovery issues pertaining to electronically stored information, including agreements regarding the form of production and the accompanying costs.

Common Interest Privilege: The Unknown Litigation Tool

The common interest privilege encourages and promotes efficiency in litigation by allowing parties with common interests to disclose information without waiving the attorney-client privilege. Learn what practical and strategic issues clients should consider before entering into a joint litigation agreement with other parties.

Opinions, Voices & Ideas

Inside the Bar
Stronger Together
The State Bar’s FY 2009 annual report shows what we can accomplish together.

President’s Message
Who Are They Kidding?
The State Bar missed an opportunity to include an attorney’s consent clause in the standard offer to purchase real estate form.

Ethics
Duty to Communicate with Client
One of the most common reasons for a grievance being brought against a lawyer is actually based on a failure to communicate instead of a violation of other Rules of Professional Conduct. But there are changes in the Rules that signal a greater emphasis on the duty to communicate with a client, especially over the means to accomplish the goals of representation.

Practice Tips
Dealing with Conflicting Court of Appeals Opinions
The Wisconsin Court of Appeals is a unified court, meaning that published opinions of the courts of appeal are binding on all four districts; yet conflicts sometimes exist. Learn how to determine which decision is controlling when two decisions are factually analogous but reach different legal conclusions.

Technology
Endorsements, Testimonials, and Bloggers: The New FTC Guides
Effective Dec. 1, 2009, new FTC Guides apply the FTC Act to the use of endorsements and testimonials in advertising, including the use of new media such as blogs.

Managing Risk
Heightened Standard of Care when Communicating with Clients in the Digital Age
Being responsive to your clients is one thing, but be careful about the expectation level of your clients. If you’re expected to respond at any time, 24 hours a day, that’s an impossible standard of care ... and then there are the confidentiality issues.

How can I say no to handling my family members’ legal matters, and still get invited to holiday gatherings?
Reader advice:How can I say no to my sister when she asks for help with a legal matter in my practice area? I’d still like to see my niece and nephews and be welcome at holiday gatherings.