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Wisconsin Lawyer
The Official Publication of the State Bar of Wisconsin
July
2015
Volume
88
Number
7
Features
Groundwater: Diminishing Resource, Increasing Conflict
America’s Dairyland also prizes its lakes and rivers. But as high-capacity wells proliferate in Wisconsin, agriculture and other groundwater users are posing risks to the amount and health of the water, bringing to the legal forefront disagreements about access to the waters that lie beneath.
By Christa Westerberg
Trust and Estate Matters: Identifying the Client
In Wisconsin, the question is unsettled as to whether a lawyer retained to administer a probate estate or a trust represents the fiduciary or the estate. Similarly, the law is unsettled as to the duties the lawyer owes to the beneficiaries. These are important concerns. Here’s why.
By Douglas H. Frazer
Wait! Is That
My
Land? More On Adverse Possession
Adverse possession recurrently affects property owners, who might find themselves in disputes with neighbors over seemingly inconsequential strips of land. Three recent Wisconsin cases have involved subjective intent, hunting land, the definition of “substantial enclosure,” and acquiescence. These cases will likely affect almost any adverse possession dispute.
By Jessica J. Shrestha
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Wait! Is That My Land? Understanding Adverse Possession
Good fences make good neighbors; bad ones might lead neighbors into court to battle over mismarked boundaries and “true” ownership of property. Jessica Shrestha overviews adverse possession, and what lawyers should consider.
Opinions, Voices & Ideas
President's Message
Ralph Cagle: ‘A Perfect Fit’
State Bar President Ralph Cagle has a good sense of the hurdles lawyers face. On his agenda: helping lawyers prepare for changes in the practice of law.
Your State Bar
Summertime Reading
George Brown reports the State Bar’s Books Division has wrapped up publishing for fiscal 2015: 54 titles in the last 12 months.
101
Part 3: Care and Feeding of Your Referral Network
Mary Lokensgard says if you don’t nurture your referral network, it will die, and if you don’t prune it back occasionally, it will collapse under its own weight.
10 Questions
Marti Wronski: At Bat for the Brewers
As vice president of development for the Milwaukee Brewers, Marti Wronski is an integral part in the deals that fuel the ball club. And, she's Hank's surrogate mom!
Ethics
Facebook Posts Can Violate Ethics Rules
Remember the “media” in social media, says Dean Dietrich. If you wouldn’t say something in the newspaper, don’t put it on Facebook, either.
Managing Risk
Estate Planning: Beware Unhappy Beneficiaries
Tom Watson cautions that in estate planning matters, lawyers must be aware of the malpractice-related risk of disappointing nonclient beneficiaries.
Technology
So, You Want To … Easily Scan and Shred as Part of Your Paperless Workflow
Tison Rhine provides model specifications and recommendations for scanners and shredders.
On Balance
Rethinking Stress: The Upside That Gets Ignored
Paula Davis-Laack suggests spending less time avoiding stress and more learning what it’s telling you and putting it to work in your favor.
Final Thought
Ditch the Canons of Construction
Federal judges advise scrapping the canons of construction when interpreting statutes. Eric Pearson explains why.
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