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.
Read More »Supreme Court wastes time on decision in first family-law case in eight years
It has been eight years since the Wisconsin Supreme Court accepted a review of a family-law case, other than regarding grandparent visitation.
Read More »OPINION: Politicians failed us. So it’s up to citizens to protect Wisconsin.
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
Read More »The unemployed deserve better than a busy signal
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
Read More »Lawsuits test limits of political speech
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
Read More »COLUMN: COVID-19 and our water supply
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
Read More »KEEPING IT CONFIDENTIAL: Protecting privilege while you’re working remotely
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
Read More »How support has changed in the age of COVID-19
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
Read More »Mediation during the COVID-19 outbreak
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
Read More »IN WRITING: Remote online notarization becomes law
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
Read More »AVOID THE ‘F’ WORD: What’s ‘fair’ got to do with it?
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
Read More »Let’s have this bring out the best in us
The world has been moving pretty fast lately; events are unfolding rapidly, and that can be unsettling.
Tagged with: coronavirus
Read More »A MARRIAGE STORY: Does recent film offer Hollywood view of divorce, or is it close to real life?
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.
Read More »2019 IN REVIEW
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.
Read More »NEW ABA RULES: Adopting them essential in Wisconsin
There is an urgent need for consistency throughout the country in how legal services are marketed and delivered.
Read More »BUILDING TRENDS: ESOPs gain popularity with construction firms
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.
Read More »Communication key to keeping projects on track
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.
Read More »Adapting design and construction to respond to climate change
Building codes and construction regulations have long shaped the minimum requirements for the safety of our built environment.
Read More »TECHNOLOGY TRENDS: Innovations mean lawyers have to adapt along with industry
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.
Read More »Check your voter registration now
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.
Read More »State Supreme Court Justice Daniel Kelly had dozens of his political blog posts removed
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
Read More »Who wants to be friends – with a judge?
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
Read More »BRINGING IT HOME: What to do when one party in a divorce is a stay-at-home parent
One statement family lawyers hear all-too frequently is, “I Googled the law and I know this is a 50-50 state!”
Read More »BE CANDID! Being forthcoming in mediation submissions eases way to resolution
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
Read More »VIEW FROM THE HALLWAY: Judge-turned-mediator offers advice on what works
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
Read More »Most family law cases now settle. Here are some tips on doing it right.
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
Read More »PFAS: Why the hysteria?
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
Read More »Employment disputes are often emotionally charged
Employment disputes present special difficulties because of the strong emotions involved on both sides.
Tagged with: David E. Jones Employment mediation
Read More »Dropbox ate my discovery requests: The current law on electronic service of legal documents
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
Read More »Proposed GAL rule a solution in want of a problem
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.
Read More »