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Wisconsin Lawyer
The Official Publication of the State Bar of Wisconsin
September
2005
Volume
78
Number
9
Features
Achieving Environmental Excellence: Green Tier Legislation
New Green Tier legislation promotes and rewards environmental performance while providing regulatory flexibility on everything from land development to manufacturing. Help your business, industry, or municipal clients determine if participating in this voluntary program is right for them.
By
The First LLC Case
In
Gottsacker v. Monnier,
the first limited liability company case to reach the Wisconsin Supreme Court, the court included in its decision a lengthy discussion of how LLCs work, touching on the technical details and policies behind the law. The decision offers guidance and practical advice to attorneys drafting LLC agreements for their business clients.
By
Hearsay in Administrative Hearings
In
Gehin v. Wisconsin Group Insurance Board
, the Wisconsin Supreme Court did not strictly adhere to the legal residuum rule, which prohibits administrative hearing bodies from basing findings of fact solely on uncorroborated hearsay. While Gehin provides grounds for exceptions to the rule and addresses several satellite issues, it is unclear when corroboration is required and when it is not.
By
Opinions, Voices & Ideas
Inside the Bar
Righting the Wrongs
The Client Protection Fund reimburses clients for money lost due to lawyer theft in a lawyer-client relationship. The fund is tangible proof that lawyers go beyond other professions to right the wrongs caused by their own colleagues.
President's Message
Bar president asks lawyers to recall why they chose this profession and challenges lawyers to stop focusing on the negative, to look at the big picture, and to listen to what your own words say about you.
Legal News and Trends
Mandatory court form updates
Ethics
Withdrawing When a Client Doesn't Pay
There are instances when a lawyer may withdraw from representing a client, including for nonpayment of fees; however, a lawyer may inquire a tribunal's permission and must comply with ethical duties.
Rules of Evidence Publications Keep You Informed
In
Gehin v. Wisconsin Group Insurance Board
, the Wisconsin Supreme Court did not strictly adhere to the legal residuum rule, which prohibits administrative hearing bodies from basing findings of fact solely on uncorroborated hearsay. While Gehrin provides grounds for exceptions to the rule and addresses several satellite issues, it is unclear when corrobration is required and when it is not.
Planning for Conflict of Interest Transactions
The Wisconsin Supreme Court's decision in Gottsacker v. Monnier sets a clear rule of law that material conflicts of interest do not preclude a member of a Wisconsin limited liability company (LLC) from voting his or her interest in the LLC.1 The question is how to apply this rule to conflict of interest transactions for corporations and LLCs. The answer may lie in the questions from the bench during the Jan. 14, 2005, supreme court oral argument.
Practice Tips
Patent Sites for the Occasional User
There are many reasons why a lawyer would occasionally want to conduct patent research: to follow trends and patterns in key technology, to help a client test a business environment, to learn about corporate competition, or even to evaluate a job applicant. These tips help the occasional user locate patents online.
Interested in Green Tier Participation?
New Land Use Programs Top the Agenda at Annual Environmental Law Update
Also Inside
Letters
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Court of Appeals Digest
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Supreme Court Digest
Lawyer Discipline
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Sep 01, 2005
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