Summer Diversions

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When it comes to the summer festival season in Milwaukee, tax compliance forms, trademark infringement and vendor contracts are not the first things that come to mind.

Unless of course, you are an attorney providing legal guidance for one of a dozen ethnic festivals held at the Henry W. Maier Festival Park each year.

For several attorneys, the motivation for serving as festival counsel is as diverse as the celebrations themselves, considering most offer their expertise free of charge.

“I guess from my personal point if view, it’s an opportunity to give something back to the community,” said attorney Bernard T. McCartan, who provides legal services for Irish Fest.

“It’s really a labor of love.”

Branching Out as In-House

McCartan, who works as counsel for American Family Insurance Co. in Madison, has been involved with Irish Fest since 1980. He spends 80 to 100 pro bono hours annually on legal matter relating to the festival.

While some of McCartan’s responsibilities mirror those of his day job, many do not. He admits that he is not afraid to consult a case law book when it comes to issues relating to taxation and compliance law.

“I’ve had to do some research on tax treaties with the United States and Ireland, because we get foreign entertainers coming in to perform,” said McCartan. “It’s something that gets me outside of the normal box and makes me stretch a bit and learn some new things.”

The same is true for attorney Christopher J. Stawski, who views his legal work for Polish Fest as a nice diversion from the daily grind. Stawski, of McGranaghan & Stawski Ltd., is on the Polish Heritage Alliance Board of Directors and is a personal injury litigator, who welcomes the odd challenges associated with the festival.

Last year he received a call from the festival director who said a Polish Fest patron planned to sue the organization over a raffle.

“The person won a cruise and didn’t claim it in time, so there was going to be another winner picked,” said Stawski, who spends about five hours a week on Polish Fest matters.

“When we get weird stuff like that, I’ll get a call asking what I think about it.”

Nothing ever came of the threat, and there have not been any major legal battles fought by the festival attorneys interviewed for this story. That is not to say a festival should forgo a legal presence, which Pride Fest has done for several years.

Full of Pride, Lacking Counsel

Festival director Scott Gunkel said because Pride Fest is a stand-alone production, unlike the others, which are associated with non-profit organizations, there is not a regular need for counsel.

“About four or five years ago an attorney updated our entertainment and vendor contracts, so we just work off that template every year,” said Gunkel. “At some point, we’d love to be able to employ an attorney, but we don’t have all that much for one to do right now.”

Gunkel did say that during a transitional period several years ago, the board of directors lapsed on its trademark renewal and lost the exclusive rights to Pride Fest, but there have not been any significant legal issues since he took over as president in 2005.

Juggling Duties

It may only take an hour or two for an attorney to review the musical contract for Gaelic Storm at Irish Fest or for a new pierogi vendor at Polish Fest, but timing is everything.

“It sometimes can be a challenge to juggle the calendar,” said McCartan. “For the most part, my job is flexible enough that I can handle it without too much of a problem.”

McCartan said the busiest time for him is right after Irish Fest because that is when any contract issues are brought to his attention.

It is less hectic for Heiner Giese, who provides counsel for German Fest. Though he is compensated for his time, Giese only spends about 10 hours annually on legal matters for the festival.

Giese said his longstanding affiliation with the festival both as a board member and as legal counsel has likely aided his private practice in real estate law at Giese & Weden, S.C., in Milwaukee.

“The work I have done for German Fest has probably generated some clients over the years,” said Giese, who helped establish the festival in 1981.

The same is true for Stawski, who views the exposure as a great opportunity for a solo practitioner. Stawski said being visible at the festival allows him to interact with potential clients without having to wear his attorney hat.

“I think there is a tangential benefit,” said Stawski. “If someone calls me from Polish Fest and wants to talk about a case, I’m not hanging up the phone.”