Difficult clients – The importance of documentation
As I look back at my columns so far, it’s occurred to me that I might be starting to sound like your mother. So rather than nagging you about having a good attitude and not drinking too much, I’ve decided to simply offer some light pointers for you newly graduated lawyers – a little break […]
Estate plan violated divorce agreement
In the final days of the 2008-09 term, the Wisconsin Supreme Court decided Tensfeldt v. Haberman, 2007AP001638 (July 14, 2009). Although the factual situation is somewhat complicated, bear with me — it has some important family law and ethical implications. This article will summarize its holding, with an emphasis on the family law aspects; next […]
Google Voice — why you should get in queue
My husband is a lucky man, and it’s not just because he married me. He’s got a Google Voice number. An engineer and lover of all things technology-related, he was ahead of the curve once again, and quietly got in the virtual queue for Google Voice about six weeks ago. His patience was rewarded in […]
Can I talk about the time when he…?
Your client recently terminated Marvin’s employment because it believed he falsified company records. Marvin has since sued, alleging that he was retaliated against because of a previous lawsuit filed against the company. At the hearing, Marvin argues that he did not falsify company records and that the company’s reasons for terminating him are pretext for […]
Lawyers respond to Genrich decision
On July 7, the state Supreme Court looked at when the clock starts running on a wrongful death claim that results from medical malpractice. The majority court decision in Estate of Genrich v. OHIC Insurance Co., No. 2007AP541, written by Justice Patience Drake Roggensack, indicated that a medical malpractice accrues when the patient experiences a […]
FINRA warns about leveraged, inverse ETFs
FINRA (the Financial Industry Regulatory Authority) has warned financial services firms that non-traditional exchange-traded funds (ETFs) are unsuitable for retail investors who plan to hold them for more than one day (a trading session), particularly in volatile markets. Let’s examine why FINRA has taken an interest in leveraged and inverse ETFs. Preliminarily, certain ETFs trade […]
Clarifying e-filing of appellate briefs
Readers of the Wisconsin Law Journal’s July 10, 2009 article on appellate e-filing may come away with misimpressions of a number of key aspects of Wisconsin’s appellate e-filing system. Here’s some correction and clarification: Attorneys do not need to purchase any additional software. All that is needed is a computer and an Internet connection. Most […]
Consider YouSENDit for sending large files
Ever have someone say, “I’ll e-mail you my pictures”? Then they end up sending you a series of e-mails, because the file size of the attachment(s) is so large that it exceeds what their e-mail provider will allow? Or it can be sent, but it’s a painfully slow download, especially if you don’t have a […]
Bribery and corruption: Difficult frauds to find
When fraud happens within an organization’s accounting system, there is often a paper trail left behind. It’s unavoidable, as there is a record of something related to the fraud, whether it is a legitimate invoice that was later adjusted, an account balance that was changed, or a fake employee who was added to the payroll […]
An outrageous proposal to limit CCAP
Suppose you are considering dating a woman. But first you run her name through the Consolidated Court Automation Programs (CCAP), and based on what you find there, decide that wouldn’t be such a good idea. Suppose you own a duplex, and you reject an application for tenancy after CCAP reveals the applicant has been evicted […]
Judicial discretion is ripe for review
Does the Wisconsin Court of Appeals read this column? Maybe; maybe not. But shortly after I wrote about the District I Court’s decision in Heppner v. Heppner, No. 2008AP2020 (Wis. Ct. App. May 5, 2009) (recommended for publication), the court made corrections to paragraph 15 of its opinion. In the original opinion, the appellate court […]
Silver lining in clouds
Recently a reporter interviewed me concerning the environment that new law school graduates will face. It was the closest I’ll come to giving a commencement address, and quite frankly I believe the near-term outlook is not bright. There are major structural changes within the profession that the recession has intensified. As an entire generation of […]
Legal News
- Milwaukee drops security personnel ordinance
- Wisconsin Supreme Court tacks on addition months to already suspended lawyer
- Supreme Court: Abortion protester’s First Amendment rights violated
- These doctors were censured. Wisconsin’s prisons hired them anyway
- Ruling reinstates lawsuit over ‘Black Lives Matter’ school posters
- Wisconsin Supreme Court to consider whether 175-year-old law bans abortion
- Wisconsin man facing bestiality and felony bail jumping charges
- Waukesha County woman indicted in National Health Care Fraud Law Enforcement Action
- Man sentenced to 15 months for fraud involving luxury vehicles
- Wisconsin Department of Justice Fire Marshal investigating fire that killed six
- Ozaukee County first responders save family of three, father and son on Milwaukee River
- Supreme Court sends Trump immunity case back to lower court, dimming chance of trial before election
Case Digests
- Termination of Parental Rights
- First Amendment Rights
- Termination of Parental Rights
- Late Filing
- Real Estate-Attorney Fees
- Ineffective Assistance of Counsel
- Variance-Interpretation of Zoning Ordinances
- Sentencing
- Fourteenth Amendment’s Due Process Clause-Jury Instructions
- Unlawful Collection Practices-Evidence
- Sentencing-Vindictiveness
- Prisoner Grievances-Exhaustion of Administrative Remedies