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Columns

Mar 24, 2008

Rules of the road for selling or buying a law practice

Selling a law practice, or an area of the practice, to another qualified lawyer no longer violates the code of professional ethics in most states. Some lawyers still believe they have little or nothing of value to sell, irrespective of the size or profitability of their practice. However, it is my experience that most lawyers […]

Mar 17, 2008

Office betting pools: Dive in at your own risk

Let’s lay it on the table from the start — office betting pools are illegal in Wisconsin. Regardless of the amount of money involved. Regardless of how many other people participate in betting pools. Office betting pools and other forms of private gambling can lead to fines or even jail time. Every year around this […]

Mar 3, 2008

Money or justice — must we choose?

I firmly believe, and have often written, that a lawyer must make an adequate living at his or her practice before making a meaningful pro bono effort. Two recent articles in California’s legal press set parameters on what this means as a practical matter. The first was an article suggesting that public defenders who choose […]

Feb 25, 2008

Citation of unpublished opinions would lead to bluer skies

It’s time for a change in the weather — and we’re not referring to winter (although I wouldn’t mind a change on that front, too). On Jan. 25, 2008, the Wisconsin Judicial Council filed a petition with the Supreme Court to amend Wis. Stat. §(Rule) 809.23(3), which prohibits citation of unpublished opinions from the Court […]

Feb 18, 2008

One final look at the family law decisions of 2007

During the past year, there was only one Wisconsin Supreme Court case and only a few published Court of Appeals cases in family law. While some of the cases earned approval in this column (not that either court particularly cared), others drew flak. Not being satiated with one kick at the courts and not being […]

Feb 18, 2008

Lawsuit against bank raises third-party issues

A lawsuit against Wachovia Bank by a group of defrauded consumers raises some interesting issues related to third-party fraud liability. The question for consumers, investors, and executives is: What is the threshold for liability in fraud cases? What knowledge or actions had to be present in order for a person or company to be held […]

Jan 28, 2008

Personal use of company e-mail: Where to draw the line

Nowadays, e-mail is a fixture in most workplaces, a useful tool for communication and calendaring. However, most of us also recognize that e-mail can be an enormous work distraction. For every business-related e-mail in our inboxes, we may have a dozen non-work-related e-mails. Whether a friend’s latest YouTube recommendations or questionable business propositions from deposed […]

Jan 21, 2008

Protecting the work product of an expert witness

One often overlooked key to successfully working with an expert witness is the protection of privilege and work product. Until the expert is actually disclosed to the other side, it’s in the best interest of the client to make sure that the expert’s work is protected. While no airtight accountant-client privilege exists, it is still […]

Jan 7, 2008

Decision appears to limit trial court’s discretion

This is the second in a series of three articles discussing the recent Wisconsin Court of Appeals decision in Wright v. Wright, No. 2006AP2111 (Wis. Ct. App. Dec. 4, 2007) (recommended for publication). As discussed in the previous article, the appellate court affirmed most of the trial court’s rulings on property division, holding that the […]

Dec 17, 2007

Beware the office Christmas party

To paraphrase Dr. Seuss: Every who in the office liked the Christmas party a lot, but the lawyer who advised on HR matters did not. Yes, I suspect my clients sometimes think of me as a “Grinch.” That’s okay. I understand, and I don’t take it personally. My job is to help my clients manage […]

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