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    Wisconsin Lawyer
    September 01, 2001

    Wisconsin Lawyer September 2001: Legal News and Trends

    Legal News & Trends

    Free HIV guides available in English and Spanish

    The newly released Spanish translation of HIV and Your Rights: A Legal Guide to Wisconsin is being distributed by the AIDS Network and various community organizations serving Spanish-speaking persons, including Centro Hispano, UMOS, and hospitals with HIV clinics. The English version, which was released in 1999, is available at hospitals, testing sites, social service organizations, and libraries statewide. Both versions also are available on the State Bar's Web site at www.wisbar.org/yld.

    HIV and Your Rights provides persons living with HIV, and those assisting them, with information about their rights and the many legal issues associated with HIV. The guide is produced through the collaborative volunteer efforts of the State Bar of Wisconsin Young Lawyers Division (YLD), the AIDS Network, and select attorneys. HIV and Your Rights covers legal issues including estate planning, discrimination and civil rights, landlord-tenant issues, health insurance, and government-provided benefits. It also contains a statewide resource section with related programs and phone numbers.

    "The majority of people living with HIV and AIDS in this state live in poverty and are unaware of their legal rights or the legal resources available to them," said Ilan Chorowsky, YLD AIDS Committee chair. "The English version was very well received and prompted service providers to request a Spanish version."

    A companion guide, Your Rights in the Workplace: A Legal Guide for People Living with HIV in Wisconsin, helps people who are working or thinking about going back to work. It covers job hunting and interviewing, the effects of work on public benefits, health insurance, confidentiality in the workplace, accommodations, discrimination, medical leaves of absence, and injuries on the job. There is also a comprehensive resource section listing organizations offering services or information about these topics.

    "New medical advances have given many people living with HIV the opportunity to return to rewarding and meaningful work," said Chorowsky. "The companion guide was published as part of a WisTAF grant. The YLD and the Dane County Bar contributed towards its translation into Spanish."

    These free guides may be copied. Spanish and English versions are available at www.legalexplorer.com/legal/legal-QA.asp, or contact Lynne Solomon, Legal Services Director, AIDS Network, (800) 486-6276, (608) 252-6540, ext. 47, or Lynne_Solomon@madisonaidsnetwork.org.

    Ethical obligations are binding on Web sites

    A recent State Bar of California Ethics Opinion reaffirms lawyers' ethical obligations when using their Web sites to advertise for clients. The opinion concludes that statements made by the law firm on a Web site must be truthful and not false or misleading. The opinion also concludes that advertising on a Web site does not constitute direct communications with a person known to be in need of legal services, since the individual must access the Web site.

    "This opinion reaffirms the general consensus among ethics committees that the use of a Web site for advertising purposes is acceptable provided the lawyer does not use false information or make misleading statements," said Dean Dietrich, State Bar of Wisconsin Professional Ethics Committee chair. "Lawyer advertising on the Internet is one of many issues that state bar ethics committees are reviewing as the legal profession adjusts to technology advances."

    The Wisconsin Supreme Court Rules on Professional Conduct do not specifically address Internet and Web site usage, but the rules will generally apply to any lawyer communication, whether by email, Web site, or traditional mail.

    Web site instructs lawyers about domain names

    Want to learn more about domain names? Visit the Internet Corporation for Assigned Names and Numbers (ICANN) Web site at www.ican.org.

    ICANN is a nonprofit corporation that manages Internet domain names and IP addresses. The site provides information on the "pro" domain approved in November 2000 for use by lawyers, doctors, and accountants. The site also provides information on resolution of domain-name disputes, details on applicable rules and procedures, and information on cases filed under the rules. There also is a link to the full text of the decision or order.

    How Americans choose legal services

    Figure at crossroadsAmericans spend more time researching the purchase of new furniture and major appliances than finding a lawyer, according to a survey conducted for lawyers.com, published by Martindale-Hubbell®. The majority of Americans have hired a lawyer, but most don't put much time into the process.

    Time spent researching legal services. The minimum average amount of time in researching a major purchase (23 hours) exceeds the time in researching a lawyer (19 hours). Americans spend the most time researching the purchase of a car (85 hours).

    Americans consistently rely on personal recommendations and Yellow Pages when looking for a lawyer. Seventy-five percent would rely on friends and family as their first resource when trying to find a lawyer; 49% would turn to friends and family for information and advice concerning legal matters.

    Yellow Pages are the favored secondary resource to find a lawyer - 50%, versus the Internet - 32%. Only 3% viewed the Internet as a primary resource. However, 62% want access to legal resources on the Internet.

    Americans of different ages use different resources when finding a lawyer. People 52 and older are less comfortable using the Internet as a resource when looking for a lawyer, with 39% desiring access to legal resources on the Internet compared to approximately 7 of 10 in all other age groups.

    Americans aged 26 to 29 are less likely to use the Yellow Pages as a secondary resource for finding a lawyer (49%) than those aged 41to 51 (52%).

    Americans overwhelmingly require the element of trust when choosing a lawyer. Americans rely on their assessment of a lawyer's personal skills when making their choice in legal representation.

    Nearly 88% of Americans report that trusting a lawyer is important, and 57% report that they inherently trust their lawyer. Seventy-five percent of Americans agree that it is hard to know who to trust when choosing a lawyer, and 25% report that not trusting their lawyer is enough grounds to fire them.

    More women (79%) agree that trust is an important criteria compared to men (69%).

    Price and legal experience influence lawyer selection. Eighty-three percent consider expertise in a particular field of law important when selecting a lawyer. Seventy-seven percent consider years of experience and other cases and clients handled. Women (62%) are more concerned with practice in a particular field than are men (54%).

    Fifty-nine percent of prospective clients consider how much a lawyer charges when selecting a lawyer - 45% of women to 37% of men.

    People associate hiring a lawyer with a number of different events. Seventy-one percent anticipate needing a lawyer between one and five times during their lifetime. Fifty-seven percent agree that everyone should have a lawyer just in case they should ever need one. Ninety-seven percent believe someone is most likely to retain a lawyer when charged with a crime, 95% in a divorce, and 86% in an injury. Fifty-three percent do not have wills, and only 6% believe a lawyer should be retained to make one.

    Men and women hire lawyers equally as often but anticipate needing a lawyer for different reasons. Seventy percent of men and 66% of women have hired a lawyer. Women are more likely to hire a lawyer for estate planning - 55%. Men are more likely to hire a lawyer for criminal or civil reasons - 30%.

    Majority have been satisfied with their choice of lawyers. Of those who have retained lawyers, 29% were extremely happy with their choice, 67% would hire the same lawyer again, and 9% were dissatisfied with their choice. Of those 9%, 75% were unhappy because their lawyer was not getting the desired results.

    For more information or a complete copy of the report, call (908) 665-3577 or email michael.gibeault@martindale.com.

    New chief judges take office in August

    The Wisconsin Supreme Court recently appointed three new chief judges. They assumed their new duties on Aug. 1, and are eligible to serve until 2007 (a maximum of three two-year terms).

    Hon. L. Edward Stengel, Sheboygan County Circuit Court, will serve in District Four (Calumet, Fond du Lac, Manitowoc, Sheboygan, and Winnebago counties). Stengel has been on the bench since 1985. He previously was Sheboygan County district attorney.

    Hon. Michael N. Nowakowski, Dane County Circuit Court, will serve in District Five (Dane, Green, Lafayette, and Rock counties). He has been on the Dane County bench since 1985 and currently sits in the Civil Division. Nowakowski previously spent 11 years in private practice. He has been active in the effort to build a new courthouse and sits on the Justice Center Planning Oversight Committee.

    Hon. Michael J. Rosborough, Vernon County Circuit Court, will serve in District Seven (Buffalo, Crawford, Grant, Iowa, Jackson, La Crosse, Monroe, Pepin, Pierce, Richland, Trempealeau, and Vernon counties). He has been on the bench since 1986. He previously served in the state public defender's offices in Wisconsin and Illinois.

    Wisconsin is divided into 10 districts. Each district has a management team consisting of a chief judge, a deputy chief judge, and a district court administrator.

    Chief judges manage the flow of cases, supervise personnel, develop budgets, and meet monthly as a committee to discuss issues of statewide importance. With the exception of Milwaukee, where the chief judge is a full-time administrator, chief judges and their deputies maintain court calendars in addition to handling administrative matters.


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