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Columns

Aug 31, 2009

Embracing Web 2.0

So much to your children’s embarrassment, you’re on Facebook for fun and maybe marketing, too. Want to really annoy your kids? Embrace Web. 2.0. You’ll soon be all over the Web, and probably even getting new clients along the way. It’s been an effective and cost-effective strategy for Madison’s Scott E. Mickelson, of Scott E. […]

Aug 24, 2009

When is contempt continuing?

As almost any family law attorney can attest, manipulative payors exist. Unfortunately, due to a recent decision from the Wisconsin Supreme Court, their gamesmanship may continue. Christensen v. Sullivan, 2009 WI 87 (July 21, 2009), concerned a 2006 order of the Milwaukee County Circuit Court on a motion for monetary damages as a remedial sanction […]

Aug 24, 2009

To charge or not to charge, That is the question

Believe it or not, some lawyers are getting new business from new clients, and when they do they may face an issue that, if not handled properly, could stop new business before it starts. The issue: whether to charge a prospective client a fee for an initial consultation. The wisdom of charging in this situation […]

Aug 24, 2009

State Bar is squandering dues again

I’m so excited. The Wisconsin State Bar is updating its logo and slogan. It seems like just yesterday that they came up with the slogan, “Expert Advisers. Serving You.” For whatever reason, what was good enough a few years ago isn’t good enough anymore. So they are spending time and resources developing a new slogan […]

Aug 17, 2009

Congressional overreaching

Congress is exceeding its Commerce Clause powers again. This time, it’s S. 909, the “Matthew Shepard Hate Crimes Prevention Act,” which was recently passed by the Senate. Congress actually invokes two sources of authority for the law: to guarantee citizens the rights secured by the Fourteenth Amendment; and to regulate interstate commerce. One of Congress’ […]

Aug 17, 2009

Want to ‘Google’ something? Try Bing

Just about every time I interview an attorney and ask what he or she does for fun, the answer invariably is “travel.” If that’s your interest, you might want to visit Bing.com the next time you’re searching the Web. The basics about Bing, which, it’s speculated, might stand for “But It’s Not Google!”: It’s a […]

Aug 17, 2009

Identifying red flags of investment fraud

There is no shortage of allegations of investment fraud since the stock market tanked last year. Last month attorney Marc Dreier was sentenced to 20 years in prison for heading a Ponzi scheme that caused investors to lose more than $400 million. Are there more investment scams occurring, or have market conditions just led to […]

Aug 17, 2009

Life is unfair – but layoffs shouldn’t be

Law firms are not exempt from the legal requirements to operate a workplace free from discrimination. That means ensuring that characteristics other than an individual’s skills, experience and knowledge do not become factors in making employment decisions — including layoffs and terminations. Firms that are subjective and personalized in employment decisions and are more arbitrary [&he[...]

Aug 10, 2009

Potential harm averted in Tensfeldt decision

While family lawyers were sleeping, two bullets were dodged. Or, more accurately, one bullet was dodged and one deflected for the time being. Last week, I summarized the family law portions of the recent Supreme Court decision in Tensfeldt v. Haberman, 2007AP001638 (July 14, 2009). This article will take a critical look at its implications […]

Aug 10, 2009

Of doctors, lawyers and ownership

For insight into the legal profession’s current troubles, compare the career experience of lawyers with that of doctors. In the medical profession, interns work with older practitioners, learning both practice and client/patient communication skills. Eventually, the young physician takes over the practice as the old doctor progresses to retirement. Now cut to the lawyers. In […]

Aug 10, 2009

Supreme Court opinions are too long

The opinions issued by the Wisconsin Supreme Court are too long. John J. Kircher, a professor at Marquette Law School, recently calculated that, since 1978, the average length of their opinions has quadrupled. The court’s longest opinion in 1978 took up 40 pages, and the average was 12. In 2008, the average opinion was more […]

Aug 3, 2009

Plaintiffs’ standing would be a good thing

Whatever the Wisconsin Supreme Court ultimately decides on whether or not the domestic partnership registry is constitutional, it would be very unfortunate if that decision is delayed based on a holding that the plaintiffs in Appling v. Doyle lack standing to bring a lawsuit challenging it. The government enacted the law; and the government should […]

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