Sneak Peek: Concealed Carry Law Anchors July Wisconsin Lawyer 

July 11, 2012 – Wisconsin joined 48 other states last year when it enacted the Concealed Carry Law. The recent issue of Wisconsin Lawyer, available online and in mailboxes soon, dives deep into the law’s provisions, which impact individuals, employers, and businesses, among others.

Prefaced with a brief history, Racine lawyer Mark Hinkston covers every aspect of the new law, which gives license holders the ability to carry concealed weapons with some important exceptions. In his article, “Wisconsin’s Concealed Carry Law,” Hinkston neutrally discusses the law in various property contexts with practical examples and hypotheticals.

“This article has not taken sides or challenged any beliefs on the subject, other than to neutrally note that as of now … Wisconsin has been transformed into neither the Wild West (gun opponents’ fear) nor a crime free utopia (gun proponents’ hope),” Hinkston writes.

The article also includes a useful table illustrating posting requirements in various property settings, such as nonresidential buildings, special events, and state and local government units.

Employment Verification: Form I-9 and E-Verify 

The federal Immigration Reform and Control Act requires new employees to file an “employee information and verification,” Form I-9, to verify an employee’s work eligibility. But according to Milwaukee attorney Benjamin Kurten, employers can go too far when verifying eligibility.

Improper verification can lead to heavy fines and even criminal indictments, which may compel employers to be overly diligent during the verification process, with other problems resulting.

“This article provides examples of some ways clients may, even with good intentions, cross the line between carrying out their responsibilities … and engaging in what is classified as an unfair immigration-related employment practice,” Kurten writes in his article, “Form I-9: Verifying Employment Eligibility – Can I Go Too Far.”

Not only must employers complete Form I-9, businesses that are licensed in the 17 states that mandate “E-Verify” – a federal electronic system to confirm employment eligibility – must use that program in those jurisdictions, according to Milwaukee attorneys Erich Straub and Davorin Odrcic in their article, “E-Verify: Electronic System to Confirm Employment Eligibility.”

The article analyzes the 2011 U.S. Supreme Court decision that upheld the mandated use of E-Verify, explains how the program operates, and “gives practice tips for Wisconsin employers” that voluntarily enroll in the program or are required to use it by a state mandate. 

Same-Sex Divorce in Wisconsin 

Wisconsin has an increasing number of openly gay and lesbian couples, and some may have married in states that recognize same-sex marriage. “Unfortunately, these couples, much like their heterosexual married counterparts, are not immune to breaking up,” says Madison lawyer Christopher Krimmer in “The Gay Divorcée: When Same-Sex ‘Marriages’ Dissolve.”

In the article, Krimmer discusses the emerging issue of same-sex marriage and how best to offer advice to gay or lesbian clients who were married in “recognition” states.

“Additionally, the article briefly identifies the legal and equitable claims available to all gay and lesbian couples who wish to separate, regardless if they married in a recognition state or simply cohabitated together in Wisconsin,” Krimmer explains.

Meet Kevin Klein, State Bar President 

Although a small-town guy, Phillips attorney Kevin Klein has accomplished some big things, including his recent rise to State Bar of Wisconsin president. In writer Dianne Molvig’s profile, “That Guy is Me,” Klein tells his story, and reveals his plans for the next year as president.

The former college baseball and basketball player travels many miles to serve his clients, and to participate as a State Bar leader. But he makes ample time for family, and fishing.

“Have you seen that Chevy truck commercial,” Klein says, referring to a commercial about a Chevy man whose life involves a balance of fun, family, and work. “That guy is me.”

Other Columns 

Don’t miss the Managing Risk column from attorney Tom Watson, who encourages lawyers to “Prepare a Disaster-Recovery Plan Before Disaster Strikes.” In it, he notes a fire that damaged a dozen law firms in Madison in April, causing $2 million in damage.

“You cannot afford not to have a disaster-recovery plan,” Watson writes. “Take it from two of more than 12 attorneys whose office building recently went up in smoke.”

Finally, in the Ethics column, Wausau attorney Dean Dietrich discusses what might happen if an attorney represents two clients whose interests conflict.

“A lawyer who concurrently represents clients with conflicting interests risks not only censure for the supreme court rule violation but also being required to disgorge fees earned from representing the clients,” writes Dietrich, past chair of the Professional Ethics Committee.

Don’t get caught in this situation, Dietrich urges while explaining the rules in “Violate Conflict of Interest Rules, Surrender Fees.”

• July Wisconsin Lawyer online