Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources

At Eckstein Hall, we have officially closed out the teaching segment of our 2020 Spring semester. Like the rest of Marquette University, we did so through online education. It wasn’t where we thought we’d be, but it was where we found ourselves.

It has been eight years since the Wisconsin Supreme Court accepted a review of a family-law case, other than regarding grandparent visitation.

It’s up to us. We can’t count on our elected representatives to work together for the public good in Wisconsin. They have proved themselves utterly incapable of compromising even in an emergency to come up with a sensible plan to protect the health of our most vulnerable friends, neighbors and family members.

Tagged with: coronavirus

It’s now been about two months since Wisconsin’s Safer at Home order went into effect, shutting down many businesses and putting hundreds of thousands of people out of work.

Tagged with: coronavirus Department of Workforce Development unemployment

President Trump, through his campaign, is suing television station WJFW-TV in Rhinelander for airing a political ad that allegedly defamed him.

Tagged with: free speech

Without a doubt, times are tough. The seemingly inexorable spread of the COVID-19 pandemic has left many of us desperate for good news. And make no mistake, there is some out there.

Tagged with: coronavirus

The attorney-client privilege protects confidential communications between clients and their attorneys that are made for the purpose of rendering legal advice and are kept confidential.

Tagged with: coronavirus

Although I’m normally not one to bemoan the “good old days” gone by, there are instances in which I do. And given the unprecedented and unusual circumstances surrounding the COVID-19 outbreak as it affects the legal system, one such instance comes to mind.

Tagged with: divorce Family Law

In the first few weeks of the outbreak, we were able to convert the vast majority of the mediations that were scheduled to either telephone or video mediations, both in Wisconsin and across the United States

Tagged with: mediation Resolute Systems Richard Sankovitz

Governor Evers signed Assembly Bill 293 earlier this month, permitting parties in Wisconsin to allow the performance of notarial acts using audio-visual technology for remotely located individuals.

Tagged with: Assembly Bill 293 coronavirus notarization

Recently, a default divorce hearing fell through because the judge in the case had the temerity to ask a party whether she thought the proposed settlement was fair.

Tagged with: divorce Family Law

The world has been moving pretty fast lately; events are unfolding rapidly, and that can be unsettling.

Tagged with: coronavirus

Although I consider myself a movie buff, I typically dislike movies about lawyers and the legal system. For example, although Paul Newman (a great actor) was nominated for the Academy Award for playing a lawyer in “The Verdict”, I found the movie irritating (at best). Apparently, the rules against ex parte contact with the court were unknown to the script writers.

After a year of writing this column for the Wisconsin Law Journal, it is time to take a look back at the main issues for the year. This affords me the opportunity of taking another kick at such cats as seem to warrant another kick.

There is an urgent need for consistency throughout the country in how legal services are marketed and delivered.

An increasing number of construction owners are putting their trust in their employees as they plan for the future of their businesses, a trend evidenced by the exploding interest seen in the past five years in employee stock ownership plans.

Regardless of the size of a construction project, there are some common themes that reappear time and again when disputes erupt between the parties involved in the project.

Building codes and construction regulations have long shaped the minimum requirements for the safety of our built environment.

Technology permeates all aspects of our society, so recognizing how technology affects our roles as attorneys is critical to keeping pace with the world we live and work in.

Fasten your seat belts, 2020 is here and we predict it is likely to be a barn-burner festooned with all sorts of political chicanery, attack ads and half-truths — and maybe even some foreign meddling — as we march off to the polls for a bevy of elections, including a presidential one.

Following his appointment to the bench, Wisconsin Supreme Court Justice Daniel Kelly had dozens of his blog posts pulled down, including ones likening the nation’s safety net to indentured servitude and complaining President Obama’s 2012 re-election was a win for socialism, same-sex marriage, recreational marijuana and tax hikes.

Tagged with: Daniel Kelly Wisconsin Supreme Court

On Jan. 13, 2020, the Wisconsin Supreme Court will hear oral arguments on the question of who can be friends with a judge – at least in the cyber world. The implications of the case may affect the use of ESM (Electronic Social Media) by judges and bring into play the adage “bad facts make bad law”.

Tagged with: Family Law Gregg Herman

One statement family lawyers hear all-too frequently is, “I Googled the law and I know this is a 50-50 state!”

It’s common knowledge that almost all civil cases are resolved before trial. Sometimes, lawyers and parties are able to reach a resolution by direct negotiation. Often, it is necessary to use a mediator. Thus, the importance of an excellent mediation submission is crucial.

Tagged with: Alternative Dispute Resolution Patrick Fiedler

Judges are often asked for their views on what works and what doesn’t in the courtroom. This also extends to their thoughts on what persuades them and what persuades juries, and what doesn’t.

Tagged with: Alternative Dispute Resolution mediation Richard Sankovitz

The greatest change in the practice of family law in recent years has been the incredibly higher rate of resolution versus settlement.

Tagged with: Family Law Gregg Herman

Consider this: as recently as a year ago, the term “PFAS” was relatively unknown to many lawyers, engineers and other environmental professionals.

Tagged with: EPA

Employment disputes present special difficulties because of the strong emotions involved on both sides.

Tagged with: David E. Jones Employment mediation

Imagine this: You’re a lawyer representing one of many defendants in a new lawsuit. You receive an email from the plaintiff’s lawyers, addressed to you as well as counsel for 19 other defendants. All that’s in the email is a link to a Dropbox folder, which contains 20 sets of discovery requests (one to each defendant).

Tagged with: e-discovery Federal Rule of Civil Procedure Foley & Lardner Greg Heinen

On Oct. 22, the Wisconsin Supreme Court will hold a public hearing on a petition to amend the Supreme Court rule regarding mandatory GAL training.