Wisconsin Lawyer > Feature articles

Wisconsin Lawyer July 2010: Jim Boll: On and Off the Court

Fri, 02 Jul 2010 00:00:00 CDT

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.

Wisconsin Lawyer July 2010: Applying the Substantial Evidence Rule in Administrative Hearings

Fri, 02 Jul 2010 00:00:00 CDT

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.

Wisconsin Lawyer July 2010: What You Need to Know: New Electronic Discovery Rules

Fri, 02 Jul 2010 00:00:00 CDT

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.

Wisconsin Lawyer June 2010: Offering Clarity and Guidance: New Uniform Power of Attorney for Finances and Property

Fri, 04 Jun 2010 00:00:00 CDT

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.

Wisconsin Lawyer June 2010: Divorce Wisconsin Style: Pro Se Trends

Fri, 04 Jun 2010 00:00:00 CDT

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.

Wisconsin Lawyer June 2010: Consequences of Returned Mail: Postage Due

Fri, 04 Jun 2010 00:00:00 CDT

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.

Wisconsin Lawyer June 2010: Wisconsin's New OWI Law

Fri, 04 Jun 2010 00:00:00 CDT

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.

Wisconsin Lawyer May 2010: Minority Shareholder Remedies Under Wisconsin Law

Wed, 05 May 2010 00:00:00 CDT

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.

Wisconsin Lawyer May 2010: Where New Business Comes From � and How You Can Get It

Wed, 05 May 2010 00:00:00 CDT

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.

Wisconsin Lawyer May 2010: A Complex Recipe: Food Allergies & the Law

Wed, 05 May 2010 00:00:00 CDT

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.

Wisconsin Lawyer April 2010: Keeping the Promise of Equal Justice

Tue, 06 Apr 2010 00:00:00 CDT

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.

Wisconsin Lawyer April 2010: The Science of Well-Being and the Legal Profession

Tue, 06 Apr 2010 00:00:00 CDT

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.

Wisconsin Lawyer April 2010: The Romance and Risk of Secret Offshore Accounts

Tue, 06 Apr 2010 00:00:00 CDT

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.

Wisconsin Lawyer April 2010: Business Development in a Recovery Economy

Tue, 06 Apr 2010 00:00:00 CDT

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.

Wisconsin Lawyer March 2010: Using the New, Flawed Residential Offer Form

Thu, 04 Mar 2010 00:00:00 CDT

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.

Wisconsin Lawyer March 2010: Hey! That's my land! Understanding Adverse Possession

Thu, 04 Mar 2010 00:00:00 CDT

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.

Wisconsin Lawyer March 2010: Treating All Grapes Equally: Interstate Alcohol Shipping After Granholm

Thu, 04 Mar 2010 00:00:00 CDT

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. Here is a look at Granholm and its progeny in the context of Wisconsin's three-tier regulatory scheme.