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Opinions, Voices & Ideas
President's Message: Happy New Year – Be It Resolved …
Your State Bar: How I
Spent
Will Spend My Summer Vacation
10 Questions: Adam Korbitz, 21st Century Legal Explorer
101: Smart Phone Wars 2014: Apple vs. Android
Ethics: Never Say “Never” about Refunding Fees to Clients
Solutions: Federal Benefits for Married Same-Sex Couples
Technology: Metadata in Digital Photos – Should You Care?
Final Thought: Resolutions – It’s About the Small Stuff
Also Inside
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Shelf Life
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Supreme Court Orders
Members Only
Classifieds
Jan
2014
Features
Valuing a Business in Divorce
Valuing a marital estate and determining property division and spousal support in a divorce requires extra care when one of the spouses owns a business. Extra care is needed to protect the livelihood of the business owner and to ensure the non-business-owning spouse receives a fair share.
Substantive Consolidation: Adding Assets to the Bankruptcy Pot
Substantive consolidation
is an equitable doctrine that allows a bankruptcy court to join entities that are members of the same group but are legally separate. This process typically has the effect of adding more assets to the pot for paying off creditors but also puts at a disadvantage creditors of the entities with higher asset-to-debt ratios.
Getting Through the Door: The Admissibility of Electronically Stored Information
The Wisconsin Rules of Evidence remain the guideposts for admitting electronically stored information at summary judgment and trial. This article addresses threshold questions of relevance, authenticity, and the application of the hearsay doctrine tocomputer systems.
webXtras
Smart Phone Wars 2014: Apple vs. Android
State Bar Practice Management Advisor Nerino Petro discusses differences between Apple and Android smart phones and suggests what users should look for when buying a phone.
Read More →
Opinions, Voices & Ideas
President's Message: Mentoring
Your State Bar: It’s a Start
101: How to Speed the Appeals Process
Managing Risk: Avoid Frequent Malpractice Risks in 2014
Ethics: Open 24/7: Ethics Rules May Apply to Lawyers as Clients
Marketing: 14 Tips to Grow Your Business in 2014
Final Thought: The Power of the Word
Also Inside
Inbox
Briefly
Meet Our Contributors
Supreme Court Digest
Court of Appeals Digest
Supreme Court Orders
Lawyer Discipline
Members Only
Classifieds
Feb
2014
Features
What’s Hot, What’s Not: National and Global Practice Trends 2014
This annual report looks at what’s going on in the legal profession in the United States and in other parts of the world. The author believes the outlook for the legal profession is much better than pessimistic pundits predict. Read why.
What’s Hot, What’s Not: Wisconsin Practice Trends 2014
Borrowing a page from Robert Denney’s global look at trends in the legal profession, Wisconsin and regional attorneys and practice management experts weigh in on practice and marketing trends in the Dairy State.
Succession Planning: Where Will Your Firm’s New Leaders Come From?
By 2020, half of the workforce will near retirement age. What does this mean to you? If you want your firm to continue and prosper after you, your partners, or key staff members retire, you must act now. At a minimum, you must identify the lawyers and clients who bring the most value to the firm and adopt ways to pass on lawyers’ knowledge and client relationships.
webXtras
Succession Planning: Where Will Your Firm's New Leaders Come From?
Michael Moore explains why handling a death or disability in a firm ad hoc does a grave disservice to clients and the firm. Succession planning is critical to the firm’s future viability and helps protect client interests.
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Opinions, Voices & Ideas
President's Message:The YLD – Look to the Future
Your State Bar
A Penny for Justice
101
Going Paperless
Ethics
Untangling Third-person Conflicts of Interest
On Balance
Think This Way
and
That Way: Developing Mental Resilience in the Law
Managing Risk
An Ounce of Prevention: Examine Administrative Processes Now
Career
An Insider’s Perspective: What Legal Employers Look for in New Hires
Final Thought
Back Doors, Wasp Spray, and the Practice of Law
Also Inside
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Meet Our Contributors
Briefly
Lawyer Discipline
Supreme Court Digest
Court of Appeals Digest
Members Only
Classifieds
Mar
2014
Features
A Conversation on Supreme Court Term Limits
Judicial Election Steering Committee members discuss a Judicial Task Force proposal to amend the Wisconsin Constitution to change the term of office for Wisconsin Supreme Court justices to a single elected 16-year term. Read how the task force arrived at its recommendation and how the steering committee is encouraging its acceptance.
Surrogacy Law Still Uncertain
The clearest conclusion to be drawn from the Wisconsin Supreme Court's decision in
Rosecky v. Schissel,
a surrogacy-agreement case, is that Wisconsin law concerning such agreements is still far from well-defined.
Public Trust and Agency Discretion Principles Intact
Following
Rock-Koshkonong Lake District v. Wisconsin DNR
, the bedrock principles of the public trust doctrine in Wisconsin – the civil right of the public to use and enjoy navigable waters, and the broad rule of standing to protect that right – remain firmly intact.
webXtras
Conflict Waivers for Lawyers Turned Board Members
State Bar ethics advisors Tim Pierce and Aviva Kaiser discuss the need for advance waivers of conflicts when attorneys serve on clients’ boards of directors.
Read More →
Opinions, Voices & Ideas
President's Message
Lawyers Just Want to Have Fun
Your State Bar
The Courage to Fail
10 Questions
Jessa Nicholson: On Defending an Unpopular Client in a High-Profile Trial
As I See It
Some Native Americans Unaware They Risk Firearms Charges
Marketing
Grow Your Practice with Content Marketing
Solutions
Law Firm Innovation: From Idea to Implementation
Ethics
Online Banking Not Allowed for Trust Account Transactions
Final Thought
Advance Directives: Let’s Start the Conversation … Now
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Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Members Only
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Apr
2014
Features
Legal Innovation: Ideas that Spark Change
The legal profession and marketplace are experiencing rapid change, with more to come. To survive and thrive, law firms must find ways to innovate to improve outcomes. Read what drives firms to innovate and how some Wisconsin lawyers and judges are doing just that. Then, nominate a Wisconsin Legal Innovator so we can tell their stories, too.
Opportunity for Service and Growth: Representing Veterans
Representing military veterans who are appealing denials of service-connected injury and illness claims is a way for attorneys to assist underserved clients while also helping the United States pay its debt to fellow citizens.
Returning to First Principles? Governmental Immunity in Wisconsin
The Wisconsin Supreme Court’s 2012-13 decisions involving the governmental immunity statute not only reiterated the practical limits of such immunity but also opened the door to governmental actors being held responsible for potentially costly nuisance-abatement processes.
webXtras
That's a Fine Idea! Legal Innovation Wisconsin
The practice of law is undergoing historic change. Tell us about the innovators and ideas that are bringing positive change to Wisconsin’s legal landscape. Through “That's a Fine Idea! Legal Innovation Wisconsin,” the State Bar of Wisconsin will showcase examples of legal innovation already underway. Help us tell that story. Nominate a Wisconsin Legal Innovator at ThatsaFineIdea.com or www.wisbar.org/innovate.
Read More →
Opinions, Voices & Ideas
President's Message
The State Bar – Cui Bono?
Your State Bar
Form Filling: A Carrot and a Stick
As I See It
By the Numbers: Trends in Wisconsin Supreme Court Opinions
Ethics
Lawyers Must Disclose Health Conditions that Limit Representation
Managing Risk
FAQs: Relying on Experts and Other Attorneys When Advising Clients
Technology
Mobile Lawyering: Using Tablets in Your Practice
Final Thought
Are Lawyers Smarter than Frogs?
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Meet Our Contributors
Briefly
Shelf Life
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Members Only
Classifieds
May
2014
Features
May Companies Reduce Employee Hours to Avoid ObamaCare? ERISA Implications of the Affordable Care Act
Some employers may consider reducing employees’ hours to get around the “full-time” label and accompanying Affordable Care Act requirements. Such activity might prompt legal challenges from affected employees. Despite surface inconsistencies, the ACA and ERISA’s protection of employee benefits can be harmonized by employers seeking to avoid being covered by the ACA’s employer mandate.
Cha-Ching: Avoiding Sales and Use Tax Audits of Law Firms
Many items of tangible personal property and certain services purchased by law firms are taxable. A firm’s failure to evaluate all purchases, especially those from out-of-state vendors, to determine whether a sales or use tax liability is owed could result in substantial interest charges and penalties if the law firm is audited by the Department of Revenue. Read how Wisconsin’s sales and use tax rules apply to many common law firm purchases and what your firm should do if selected for audit.
From the Central Sands to the Central Kingdom: Navigating Civil Litigation in China
Many Wisconsin companies have operations in China or do business with companies based in China. United States companies have been litigants in a variety of cases – from antitrust litigation involving retail price maintenance to product liability, trade disparagement, unfair competition, and contractual disputes – and numbers of cases are trending as the Chinese market matures. Learn about the differences between the Chinese and American legal systems to prepare you for litigation in China.
Read More →
Opinions, Voices & Ideas
President's Message
Exit Stage Right
Your State Bar
Yes, Tomorrow’s Leaders Were Everywhere
101
5 Tips to Love and Live with Your Blog
10 Questions
Lisa Boero: On a Life Without a Face, and Turning Deficits into Assets
As I See It
A Three-Legged Stool: What Does the Future Hold for Wisconsin Court Funding?
Solutions
Timing Is Everything: Introducing Confidentiality Agreements at a Mediation
Ethics
Advertising Rules Apply to Lawyers’ Personal Social Media Pages
Solutions
Should Trial Lawyers Handle Their Own Appeals?
On Balance
Addicted to Busy
Managing Risk
Protect Yourself and Your Clients: Review Your Malpractice Policy
Final Thought
I Blame
The Good Wife
for My Disappointed Clients
Also Inside
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Meet Our Contributors
Briefly
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Members Only
Classifieds
Jun
2014
Features
Estate Planning Metamorphosis: Wisconsin’s New Trust Code
The new Wisconsin Trust Code, effective July 1, 2014, is transformative and makes Wisconsin a better place to administer trusts. It answers basic questions not covered in the previous trust code and provides new tools that add flexibility for estate planning attorneys and their clients.
Keep Your Case Afloat: Wisconsin’s Court Competency Doctrine
A court’s competency to hear a particular dispute is a procedural issue that can torpedo a party’s case before it is considered on the merits. Generally, a court lacks competency to hear a case if a litigant fails to comply with a statutory mandate. Learn how to avoid case-sinking hazards.
Lights On: Litigating Shareholder Disputes
When shareholders in nonstatutory close corporations want to leave the business, there is only one statutory remedy: judicial dissolution of the close corporation. Courts and litigants are now finding ways to address shareholders’ need for judicial intervention without employing the drastic remedy of dissolving the company.
Read More →
Opinions, Voices & Ideas
Your State Bar
Business Principles for Your Law Practice
101
Door 1, 2, or 3: An Intro to ADR
Marketing
Seven Must-Do’s for a Stellar Presentation
Solutions
You’re Not Too Small for Strategic Planning
Solutions
Law Firm Boot Camp: Hanging Out Your Own Shingle
Final Thought
Relearning the Lessons of Freedom Summer
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Briefly
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Official Notices
Members Only
Classifieds
Jul
2014
Features
What Makes Lawyers Happy?
A national study – including roughly 1,600 Wisconsin lawyers – investigated who in the legal profession is happy, or not, and why they feel that way. What makes lawyers happy? It’s not what many people may think.
Getting Along: Wisconsin’s Frac Sandbox
Given the large scale and rapid growth of frac sand mining operations in Wisconsin, some conflict between mines and their neighbors probably is unavoidable, but mine owners can promote good relationships by adhering to existing health and environmental laws and regulations.
Social Media: Locking the Door to Private Information
The Wisconsin Social Media Protection Act protects individuals against certain social media searches by employers, educational institutions, and landlords. The law contains two basic restrictions, on access to information and on retaliation, but also provides several exceptions.
Bob Gagan: A Man With Connections
In addition to connecting with members and responding to major issues challenging the profession, State Bar president Bob Gagan enjoys tailgating with his family in their Packer bus.
webXtras
Law Firm Bootcamp: Why You Need a Business Plan
Johanna Kirk believes any attorney considering opening a practice should first complete a business plan.
Green Bay Packers Head Coach Mike McCarthy Introduces New State Bar President Bob Gagan
Packer’s head coach Mike McCarthy relays a humorous story about a trip he and new State Bar President Bob Gagan made to Montana.
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Opinions, Voices & Ideas
Editor's Note
A Focus on Children’s Legal Issues
President's Message
Looking Back to Move Forward
Your State Bar
A Gentleman Lawyer
101
An Intro to Minor Guardianship Actions
As I See It
Aging Out: Crossing into Adulthood Without a Net
Final Thought
Little Clients, Big Effect
Also Inside
Meet Our Contributors
Briefly
Lawyer Discipline
Supreme Court Digest
Court of Appeals Digest
Members Only
Classifieds
Sep
2014
Features
Children in School:
Bullying: Fighting Back
Bullying in school is particularly hard to combat, because children generally do not have the option of avoiding the problem by changing locations. Read how schools, parents, and communities are fighting back against bullying.
Children in School: Examining Students' Rights
Public school students enjoy limited rights under the First, Fourth, and Fourteenth Amendments.
Children in School:
Student Discipline and the School-to-Prison Pipeline
School boards have wide latitude in disciplining students, but there are risks when discipline is used inappropriately.
Children in School:
The ABCs of Special Needs Students
Learn about the Individuals with Disabilities Education Act, individualized education plans, and section 504 services.
Making Medical Decisions for Minors
Parents or legal guardians are vested with the power to make medical decisions for their minor children or wards, but this power is not absolute. Recent Wisconsin Supreme Court decisions show that medical decision-making for minors can pose knotty legal and ethical dilemmas.
Where Immigration and Children’s Law Meet
Family and children’s law attorneys must determine whether a child is a U.S. citizen early in any proceeding to preserve a noncitizen child’s eligibility for citizenship or immigration status.
webXtras
Making Medical Decisions for Minors
Medical decision-making for minors can pose knotty legal and ethical dilemmas for parents, health care providers, and lawyers. Tyler Wilkinson highlights considerations for attorneys.
Read More →
Opinions, Voices & Ideas
President's Message
Lend a Hand to Struggling Lawyers
Your State Bar
Rural Practice: A Matter of Perspective
101
E-filing in Four Easy Steps
Solutions
Mandatory E-filing May Be Coming Soon to the Courts Near You
Ethics
Communication Obligations Remain When a Lawyer Leaves a Firm
Managing Risk
Engagement Letters: Protection Numero Uno
Final Thought
Parenthood and Law Practice Have a Lot in Common
Also Inside
Inbox
Meet Our Contributors
Briefly
Official Notices: State Bar Financials
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Members Only
Classifieds
Oct
2014
Features
The Road to Rural Practice
Several attorneys who practice in rural areas throughout Wisconsin – from Rice Lake to Marquette, Mich. – explain how they came to practice where they do, what they like about rural practice, and what challenges they face.
Decoding the Maze: Wisconsin’s Campaign Finance Laws
The Seventh Circuit Court of Appeals recently urged state lawmakers to update the statutes, calling Wisconsin campaign finance laws “labyrinthian and difficult to decipher.” Such a task may be easier said than done, however.
Super Commuting: Beware Double Taxation of Income
Many Americans live in one state and work in a distant one. Current tax rules do not deal well with this circumstance and so these “super commuters” may face double taxation of their income, both by their state of residence and the state in which the income is earned.
Read More →
Opinions, Voices & Ideas
Editor's Note
The View from Lake Pepin Looks Pretty Good
President's Message
Diverse Leadership = Strong, Effective Group
Your State Bar
Helping Those Who Helped All of Us
10 Questions
Tom Burton: How a Nontechie Built a Virtual Practice
As I See It
Adults Only: Returning 17 Year Olds to Juvenile Court
Ethics
Keeping Blog Posts Ethically Clean
Solutions
Organizational Culture: Predicting a Law Firm’s Success
Technology
Going Solo Without Breaking the Bank
Managing Risk
Can Turning Away Clients Really Be Good Business?
Final Thought
Watch Out for Whitecaps Ahead to Avoid Rough Water
Also Inside
Inbox
Meet Our Contributors
Briefly
Shelf Life
Supreme Court Digest
Court of Appeals Digest
Lawyer Discipline
Members Only
Classifieds
Nov
2014
Features
That’s a Fine Idea! Wisconsin Legal Innovators 2014
Who are Wisconsin’s innovators? Meet these movers and shakers – and learn what drove them to put new ideas to work to solve problems and improve the delivery of legal services to their clients and communities.
Reefer Madness: Lighting Up in the Dairyland
Because marijuana is legal in other states, the question addressed here is if a Wisconsin employee is legally lighting up in another state, can a Wisconsin employer fire that employee? The short answer is yes.
Unequal Bargaining Power: Navigating Arbitration Clauses
Increasingly, the U.S. Supreme Court has interpreted the Federal Arbitration Act to apply to parties of unequal bargaining power, making it more difficult for individuals and businesses subject to adhesion contracts to exercise their legal rights.
Read More →
Opinions, Voices & Ideas
President's Message
Every Lawyer Has a Story
Your State Bar
The Gift of Leadership
101
How to Appeal Mid-litigation Decisions
10 Questions
Jim Peterson: On Catching Chickens and Becoming a Federal Judge
Ethics
Not All Counsel from a Lawyer is ‘Legal Advice’
On Balance
Grit: A Critical Success Strategy
Managing Risk
What We Have Here Is a Failure to Communicate
As I See It
Finding the Middle Ground? Allowing Depositions in Criminal Cases
Final Thought
800 Years of Magna Carta! Why celebrate?
Also Inside
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Meet Our Contributors
Briefly: Holiday gift guide for lawyers
Shelf Life
Court of Appeals Digest
Lawyer Discipline
Members Only
Classifieds
Dec
2014
Features
Top 9 Recent Wisconsin Supreme Court Decisions
The article highlights nine significant Wisconsin Supreme Court decisions from the 2013-14 term, during which the court issued more than 50 substantive decisions.
Top 10 Recent Wisconsin Federal Court Decisions
The article looks at 10 significant Wisconsin federal court decisions interpreting Wisconsin law in 2014, encompassing common-law claims and statutory interpretations.
Energy Upgrades: Creative Financing for Commercial Property
Projects to gain energy efficiency to reduce costs are top of mind for commercial building owners, but financing through traditional lending practices is hard to come by. Property Assessed Clean Energy programs are a new statutory financing mechanism that provides a new opportunity for general-practice attorneys to offer building-efficiency upgrade solutions for a variety of clients.
Read More →
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