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Columns

Jul 13, 2009

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 […]

Jul 6, 2009

You are not invisible – act responsibly

The majority of new law school graduates are in their mid-to-late 20s, a mere decade into adulthood, and possibly still trying to figure out what that means. But now it’s time to go act like a “lawyer.” Although you have been through the training to be a lawyer, you may not have gotten your mind […]

Jul 6, 2009

‘Drowning in e-mail?’ Give Xobni a try

Everybody loves free stuff – especially free stuff that has actual value. Periodically, I devote an article to freebies on the Web that may be useful for lawyers. It’s been several months since the last one, so here’s the latest — Xobni for Outlook. When you go to the Xobni.com homepage, it prominently asks, “Drowning […]

Jun 29, 2009

Ignore ‘The Business of Law’ at Your Peril

The New York Times recently examined the current down-at-the-heels atmosphere in a once-mighty Wall Street law firm, describing the “melancholy pall of diminished billable hours” now found throughout the firm’s deserted hallways. The article made clear that this could be attributed to the same mistakes that many firms made during the boom times: over-expansion of […]

Jun 22, 2009

Evidentiary issues in employment litigation (73675)

Marvin brings a disparate treatment claim against your client alleging race and gender discrimination. He also alleges a hostile work environment. While he has only been employed by your client for a few weeks, he has managed to gather the support of a few co-workers who are willing to testify that they too were discriminated […]

Jun 22, 2009

Evidentiary issues in employment litigation

Marvin brings a disparate treatment claim against your client alleging race and gender discrimination. He also alleges a hostile work environment. While he has only been employed by your client for a few weeks, he has managed to gather the support of a few co-workers who are willing to testify that they too were discriminated […]

Jun 22, 2009

Navigating unfamiliar waters of online lawyer directories

Death and taxes. And attorneys can now add Avvo and Justia to that list of inevitabilities. Avvo and Justia are free, online legal directories. If you go to their Web sites and search for your own name, chances are very good that they’ve created a profile for you if your bar status is active. Now, […]

Jun 15, 2009

So you think there is nowhere to turn?

The story was tragic, and provoked wide comment among lawyers and blawgers on the Internet. A 59-year-old lawyer who had in his career been a senior Justice Department official, had argued before the U.S. Supreme Court, and headed the appellate law practice for his current law firm, was found dead in his office of a […]

Jun 15, 2009

Guidance for fending off real estate fraud

A brief review of news stories related to mortgage fraud and real estate fraud shows there’s no shortage of schemes being uncovered and pursued. It’s not surprising. There are likely two main reasons for fraud schemes related to real estate being discovered at a high rate. First, the crash of the real estate market made […]

Jun 8, 2009

‘Digta 420’ recommended for high-tech dictation

You won’t catch me making fun of you, just because you like to dictate. No, I understand that many people are creatures of habit, and that trying to be on the cutting-edge is too much work for many of us. Sure, there are other, hipper options, like voice-recognition software. But not everybody can be cool; […]

Jun 1, 2009

Trial court in best position to exercise discretion

Part II of II Nothing is worse for a columnist than boring cases. With precious few family opinions coming out of the Wisconsin appellate courts, I thank the Court of Appeals for its recent decision in Heppner v. Heppner, No. 2008AP2020 (Wis. Ct. App. May 5, 2009) (recommended for publication). In the case, as discussed […]

Jun 1, 2009

Are you a carriage builder in an automobile world?

Recently I heard a law firm staff person describe a senior partner as “a carriage builder in an automobile world.” The phrase connoted a craftsman who puts time and effort into creating a quality product, but who is unwilling or unable to work at a pace and in a manner that would make a quality […]

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