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Gregg Herman

Sep 8, 2022

Batter up for some judicial activism

The term “judicial activism” is commonly thrown around to disparage judges. It generally is used to accuse courts of being too aggressive or too liberal.  A recent court of appeals decision contains an element which raises an interesting question.

Jul 19, 2022

CUSTODY AND SERVICE PEOPLE: New law not perfect but does have good elements

The confluence of law and politics does not always equal good policy. A good example is the continuing efforts over the years to deal with the issue of the effect of deployed service people and the placement of minor children.

Jul 7, 2022

The U.S. Supreme Court and politics

It would be pointless to write a column on the United States legal system and ignore the two significant cases which the court decided this week. One case, New York State Rifle and Pistol Association v. Bruen significantly expanded gun rights by striking down a New York law which restricted the right of New Yorkers to carry handguns in public.

Jun 27, 2022

WHERE HAVE ALL THE LAWYERS GONE? Underpaying defense attorneys no way to be ‘tough on crime’

On May 24, the Wisconsin Supreme Court, with two justices dissenting, dismissed an appeal of the Court of Appeals decision in State v. Lee, 2021 WI App 12, in a per curium “decision” of less than one page.

Jun 20, 2022

Courts meant to serve the public

Here's a simple idea: Courts should serve the public. In particular, parties should be allowed to be divorced without the costs and inconvenience of a public court appearance.

May 18, 2022

Herman re-certified by National Board of Trial Advocacy

Family Law Attorney Gregg Herman has been re-certified by The National Board of Trial Advocacy as a senior specialist in family law.

Mar 18, 2022

Will courts really enforce proposed financial information exchange rules?

In law, as in many things in life, some ideas are better in theory than in practice. It is not uncommon that the Legislature, which has precious few lawyers (most sessions have ten or fewer lawyers out of 133 state Senators and Representatives, and almost none of them has ever been in the private practice of law), passes legislation which sounds good on its face but has a different practical effec[...]

Feb 24, 2022

LAWYER ADVERTISING: Is it hucksterism or a valid business practice?

Last weekend, the CBS show “Sunday Morning” did a segment on lawyer advertising. Of course they showed clips from the over-the-top ads which seem to be mostly from Texas. The effect, as one who believes that the practice of law should be more of a profession than a business, was cringe inducing.

Feb 3, 2022

The Valadez case: A bad start to the year

The first family-law case to be recommended for publication by the Court of Appeals in almost two years makes me wish that it would have been longer. Well, the good news is that when I write my end of the year column for 2022 highlighting bad decisions, I will have a good start.

Jan 6, 2022

Look ahead to 2022 with family law

Last month’s column took a look back at the developments in family law for 2021. So, it seems appropriate to dedicate this month’s column to a look ahead to 2022.

Dec 28, 2021

COLUMN: Exploiting an abhorrent act

A few weeks out of law school, I got my dream job. After some short training, I was sent into court and given two instructions: First, don’t f**k up. Second, if you do f**k up, don’t let it get in the newspapers.

Dec 7, 2021

YEAR IN REVIEW: Looking back at happened in 2021 with family law

It’s time for my annual year in review – a look back at those new cases and statutes in family law which improve this area of law and those which, well, not so much.

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