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President's Message
Auld Lang Syne

Jan

2010

Features

- Table of Contents
- The 670-page directory contains attorney alphabetical and geographical rosters; Wisconsin law firms and corporations; listings of federal, state, and tribal courts, including court personnel; directory of vendors providing law-related services; contact information for the State Bar of Wisconsin and other law-related organizations; 2009 Wisconsin Lawyer index; and Lawyer-to-Lawyer Directory.

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Feb

2010

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- What to Do After Making a Serious Error
- When a lawyer makes a serious error that adversely affects a client’s case, the lawyer must take certain steps. The authors discuss a lawyer’s obligations under Wisconsin’s professional conduct rules and offer practice suggestions on how to handle difficult situations.
- Regulating Medicine on the Internet
- Although the Internet is an important tool in the health-care field, legal issues related to medical record privacy and confidentiality, health-care quality assurance, and medical e-commerce need to be resolved through regulation to protect health-care providers and consumers. Here is an overview of some important areas that require tighter controls.
- Appraisal Provision Validated: Setting the Amount of Insured Loss
- In Farmers Automobile Insurance Ass’n v. Union Pacific Railway Co., the Wisconsin Supreme Court set forth the standard for vacating or modifying insurance policy appraisal provisions used to set value for claimed losses. The court also tackled discovery and standard of review issues.
- Exonerees’ Hardships after Freedom
- Most exonerees lose everything in their legal battles to prove their innocence and gain their freedom: financial security, family ties, reputations, and more. Once the thrill of freedom fades, exonerated individuals face the hardship of rebuilding their lives and reintegrating in society with little preparation and support. The Wisconsin Exoneree Network is working to change that reality.

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Mar

2010

Features

- Treating All Grapes Equally: Interstate Alcohol Shipping After Granholm
- Following the U.S. Supreme Court decision in Granholm v. Heald striking down state efforts to stem the cross-border flow of wine, even sober minds are challenged to understand the degree to which the dormant Commerce Clause limits state discretion in regulating alcohol-beverage distribution. Despite lower-court decisions interpreting, and legislative responses to, the Granholm decision, questions remain.
- Hey! That’s my land! Understanding Adverse Possession
- Adverse-possession disputes are emotionally charged matters that are pervasive in Wisconsin. Recent cases heard by the Wisconsin Court of Appeals highlight some of the many complications of adverse possession and provide insight into how to prove and defend adverse-possession claims and how to avoid a dispute in the first place.
- Using the New, Flawed Residential Offer Form
- As of March 1, real estate licensees are required to use the 2010 WB-11 – residential offer to purchase form, authorized by the Wisconsin Department of Regulation and Licensing. The new form, however, contains substantive drafting errors that might require a recall of the form. Until then, here is some guidance on using the form.

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Apr

2010

Features

- Business Development in a Recovery Economy
- Research shows the legal profession has begun a gradual economic recovery from the recent recession. It also shows how the recession has permanently changed the relationship between lawyers and business clients. In this part one of a two-part series on “Best Practices in Practice Development,” the author looks at new trends in practice development brought about by the recession and how lawyers can adapt and build business in a recovery economy.
- The Romance and Risk of Secret Offshore Accounts
- Secret offshore accounts – especially Swiss bank accounts – have a certain cachet, having become synonymous with glamour, financial sophistication, and international intrigue. Following the U.S. Justice Department’s 2009 settlement with the United Bank of Switzerland, increased state and federal enforcement efforts against such accounts might dampen their allure.
- The Science of Well-Being and the Legal Profession
- Understanding why and how lawyers approach the demands of their profession can lead to strategies for improving lawyers’ professional and personal satisfaction. The author presents an empirical, research-based framework and some solutions to help move the legal profession to a culture of positive professionalism.
- Keeping the Promise of Equal Justice
- Many Wisconsin counties have developed programs to provide legal information or assistance to low-income residents who have been unable to obtain more formal legal representation. A U.W. Law School survey of existing programs looks at issues and opportunities related to self-help options, and what the Wisconsin Access to Justice Commission can do to bridge the justice gap of unmet legal needs in Wisconsin.

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May

2010

Features

- A Complex Recipe: Food Allergies & the Law
- The myriad disability laws and regulations potentially applicable to people with allergies have made it difficult to determine if food allergy sufferers are entitled to protection and accommodations in public places, including schools and workplaces. The 2008 Americans with Disabilities Act Amendments Act, which expands the class of individuals entitled to protections, should help clarify the recipe of rights for allergic individuals.
- Where New Business Comes From … and How You Can Get It
- In this second of a two-part series on "Best Practices in Practice Development," the author presents tips for creating a personal business-development plan, identifying your best sources for new business, and putting to work the skills you already possess as a lawyer to get that business.
- Minority Shareholder Remedies Under Wisconsin Law
- When directors and majority shareholders in control of closely-held corporations commit unlawful or oppressive acts, the minority shareholders have various remedies. In Notz v. Everett Smith Group Ltd., the Wisconsin Supreme Court held that a minority shareholder could pursue such remedies following a merger that forced him out.

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Jun

2010

Features

- Wisconsin’s New OWI Law
- 2009 Wisconsin Act 100, relating to impaired driving, takes effect July 1, 2010. Among several important changes, the law creates new misdemeanor classifications, establishes probation eligibility for all criminal OWI offenders, permits all counties to adopt programs that offer reduced jail sentences on completion of treatment and supervision, expands orders and penalties regarding ignition interlock devices, and affects occupational license eligibility.
- Offering Clarity and Guidance: New Uniform Power of Attorney for Finances and Property
- Wisconsin’s new uniform power of attorney for finances and property law, which becomes effective Sept. 1, 2010, provides clarity regarding POAs, encourages acceptance of POAs while protecting those who accept them, protects the principal in several important ways, offers guidance to agents, and provides a statutory form.
- Divorce Wisconsin Style: Pro Se Trends
- A recent empirical study in Waukesha County looked at why divorce litigants might choose to represent themselves and whether pro se representation affects the incidence and amount of spousal maintenance in divorce. The results suggest how pro se trends affect family law practitioners in the 21st century.
- Consequences of Returned Mail: Postage Due
- Some courts and government agencies will not accept postage-due mail, but a recent survey conducted by the Milwaukee office of the U.S. Postal Inspection Service revealed that a surprisingly large amount of mail from Wisconsin lawyers was recorded as underpaid. This article explains current postal rates and pricing to help lawyers avoid missing filing deadlines and upsetting clients, opposing counsel, and the courts.

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Jul

2010

Features

- What You Need to Know: New Electronic Discovery Rules
- Wisconsin’s new e-discovery rules provide a protocol for preserving and producing e-documents, create a safe harbor for electronically stored information lost solely as a result of routine computer operations, and more. The authors discuss the rules’ impact on attorneys’ discovery duties.
- Jim Boll: On and Off the Court
- As a 13 year old, State Bar President Jim Boll was just as eager to shoot hoops on a basketball court as he was to sit quietly in a courtroom watching a trial. With an athlete’s energy and attorney’s focus, Boll aims to team with members to improve member awareness of the Bar’s offered benefits and services, strengthen local bars, and help young lawyers make connections, among other concerns.
- Applying the Substantial Evidence Rule in Administrative Hearings
- The 2010 court of appeals decision in Williams v. Housing Authority of City of Milwaukee makes clear that administrative agencies must strictly apply the legal residuum rule and base adverse decisions on substantial evidence. It further held that agency decisions may not rely solely on uncorroborated hearsay evidence and determined that an agency may not rely on a default municipal ordinance conviction as evidence or admissions of the allegations in the underlying citation.

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Aug

2010

Features

- Duty to Advise Noncitizens
- In its 2010 landmark decision in Padilla v. Kentucky, the U.S. Supreme Court held that defense counsel have an affirmative Sixth Amendment duty to advise noncitizen clients of the potential immigration consequences of their pleas. The decision overturned Wisconsin and federal court precedent and substantially affects Wisconsin prosecutors and defense counsel and their clients.
- Taking Care of Uncle Sam: Mortgage Foreclosures with a Federal Interest
- If a foreclosure involves a federal interest, the requirements of 28 U.S.C. § 2410 apply, preempting any conflicting state statutes. This overview helps attorneys navigate the federal process and avoid the common mistakes and problems that can slow down or derail a state foreclosure proceeding.
- Uniformity in Municipal Courts
- 2009 Wis. Act 402 imposes uniformity across Wisconsin’s more than 250 diverse municipal courts, with standards that bolster the courts’ independence, clarify regulation and procedure, and enhance professionalism. Changes to court operations go into effect on Jan. 1, 2011.

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Sep

2010

Features

- After the JD: Careers Seven Years Out of Law School
- The experiences of Wisconsin lawyers seem to track those of participants in a national study looking at the careers of more than 5,000 lawyers admitted to the bar in the year 2000. The first two parts of the three-phase study surveyed participants when they were three and seven years into their careers. The third phase will be complete in 2012.
- Challenging the Admission of Forensic Evidence
- A national study of our nation’s crime labs and the scientific validity of several commonly used forensic science disciplines questions the basis for several different forensic science disciplines. Attorneys must continue to press trial courts to be more active gatekeepers by challenging the underlying premise of forensic evidence, because oftentimes science does not support analysts’ testimony.
- Business Records and Self-authentication: Together at Last
- Wisconsin’s rules of evidence governing the admission of domestic and foreign business records allow for the admission of certified business records through self-authenticating declarations in certain circumstances. Learn how applying the rules can save parties substantial expense and inconvenience.

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Oct

2010

Features

- Top 13 2009-10 Wisconsin Supreme Court Decisions
- The author highlights 13 significant decisions issued by the Wisconsin Supreme Court during its 2009-10 term. Several of the decisions hinged on perceptions of whether certain evidence is in the record, and several cases involved legislative attempts to respond to the state’s fiscal crisis by moving or reducing statutory compensation funds.
- Top 7 Recent Wisconsin Federal Court Decisions
- Federal court interpretations of Wisconsin law are of persuasive value to, but not binding on, Wisconsin courts. Yet, they affect how Wisconsin law develops and is argued. Here is a look at seven significant Wisconsin federal court decisions interpreting Wisconsin law in 2009 and 2010, encompassing common law claims and statutory interpretations.
- The Right to Cure a Contract Breach
- Under Wisconsin law, many contracts and statutes give parties an opportunity to cure mistakes before the other party can exercise some remedial action. The language of the governing contract or statute may define the extent of a cure and the actions that must be taken to effect it. Here the authors survey various contractual and statutory cure rights available in Wisconsin.

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Nov

2010

Features

- Spoliation of Electronic Evidence
- Given the volume of electronic data that is used as evidence in civil and criminal proceedings, it is only a matter of time before a Wisconsin court confronts the spoliation of electronically stored information. As Wisconsin prepares to implement its new e-discovery rules, it is important that attorneys and courts have a standard to follow in cases involving spoliation of e-evidence.
- The First 30 Months: Wisconsin’s Individual-at-Risk Restraining Order
- In 2006, the Wisconsin Legislature made significant changes in Wisconsin law to address abuse against elderly people and younger vulnerable adults.The authors analyze the effectiveness of the new individual-at-risk restraining order, based on the results of a study looking at the first 30 months of the order’s availability.
- Politics & Wisconsin Automobile Insurance Law
- It is no secret that as the balance of power in state government changes, laws and the public policies they represent change, too, sometimes dramatically. As an example, the author compares the laws affecting Wisconsin automobile insurance law – especially the significant changes in coverage under uninsured and underinsured motorist policies – in 1995 and in 2009.

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Dec

2010

Features

- Shhhh! The Antitrust Risks of Discussing Legal Fees
- Attorneys must be as cautious as any other businesspeople when discussing competitively sensitive information. Generally, avoid discussing other lawyers' fees for legal services. The risks of running afoul of federal and state antitrust laws are high.
- E-Legacy: Who Inherits Your Digital Assets?
- After your death, will your family know how and where to access sentimental family heirlooms such as the generations of family photos you digitally scanned from well-thumbed originals? What about your online bank, credit card, investment and social media accounts?
- Three Lawyers Tell Their Stories: Back from the Brink
- Lawyers who have stumbled due to addictions or mental illness but eventually landed on their feet know the struggle to stay standing never ends. Three lawyers tell how alcohol and drug addiction and depression tripped up their legal careers.

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