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May
2013
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Swimming Upstream: 20 Mistakes to Avoid When Starting Your Practice
Starting a law practice requires a lot of planning, decision making, and hard work. Here are some common mistakes attorneys face and tips on how to avoid them and build a successful law practice.
Taking a Different View: Explore Mutual Interests with Facilitative Mediation
When clients seek help resolving disputes, put another option on the table. Facilitative mediation can leave them more satisfied than litigation, and at a lower cost.
Noncompete Agreements: A Suspect Expansion of Employers’ Rights
Employers that use noncompetition agreements should avoid relying on a recent appellate decision that gave the employer-litigant wide berth to restrict an employee’s postemployment activities. The opinion’s nonprecedential status and its conflict with published Wisconsin cases make it a shaky and likely short-lived leg on which to stand.
webXtras
How to Collect a Debt
Successful debt collection requires knowledge of the relevant rules and regulations. It also requires gathering and assessing all relevant information about the debt, a process that presents opportunities for collecting the amount owed without having to resort to litigation. In this video, Kurt Carlson and Jim McNeilly explain the legal process for collecting a debt.
Form: Annotated Sample Restrictive Covenants Provisions
Form: Annotated sample restrictive covenant provisions, from 3 Wisconsin Employment Law ch. 15 (State Bar of Wisconsin PINNACLE 5th ed. 2013) (forthcoming)
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Scott Thompson: On the Air at WEKZ, 93.7 FM
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Interview with Potential Client Might Bar Representing Opposing Party
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Suing for Fees: To What Lengths Should You Go to Get Paid?
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Involvement Adds to Practice
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Jun
2013
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Home Safe Home: Wisconsin’s Castle Doctrine and Trespasser Liability Laws
Soon after passing concealed-carry legislation, the Wisconsin Legislature enacted two other laws to clarify state residents’ right to use weapons in self-defense and land possessors’ responsibility to trespassers. Although the castle doctrine law and the castle doctrine law and the trespasser liability act became effective Dec. 21, 2011, questions remain as to their provisions.
As I See It: James Bond or Jay Gatsby? An ‘Operation’ to Recover a Judgment Abroad
The operation began with a Wisconsin judgment for past due legal fees, but serving the former client in Honduras quickly became an adventure for an intrepid lawyer and legal team. Read how the author tried to recover a judgment from a former tax client who skipped out on his family, his business, his creditors, and his lawyer.
PDF Tools for Lawyers: An Apple-to-Apples Comparison
The State Bar’s Law Office Management advisor reviews four PDF products with law-firm-appropriate features and describes their highlights and drawbacks. Don’t miss the helpful chart ranking the products in different categories.
webXtras
14 PDF Tools All Law Firms Should Have to Maintain Client Confidentiality
June 5, 2013 – Lawyers face unique document production challenges, from the filing requirement of courts and other governmental agencies to the need to maintain confidentiality of client information and prevent unauthorized changes to documents. In this video, Nerino Petro, State Bar practice management advisor, talks about the basic PDF features all lawyers should have in their offices.
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Opinions, Voices & Ideas
Your State Bar
Making an Impact, One Donation at a Time
101
Choosing a Limited Liability Entity: Which Form is Best for Your Law Firm?
On Balance
7 Ways to Manage Stress and Thrive in the Law
Marketing
Building a Law Practice in a New Location
Technology
Tech Game Changers: Tips, Trends & Lessons Learned
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Airing Your Laundry: Don’t Use Social Media to Respond to Clients’ Negative Comments
Managing Risk
Taking the Bull by the Horns: Going Solo to Find Legal Work?
Final Thought
Red Velvet Jacket or Navy Suit? Be Yourself (Within Reason)
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Jul
2013
Features
Internet Keyword Advertising: Not a Violation of Right to Publicity
Wisconsin privacy law and intellectual property law protect against the use of an individual’s name for trade or advertising purposes. However, the Wisconsin Court of Appeals in
Habush v. Cannon
found that such protections did not prevent a law firm from using two competing attorneys’ names to generate advertising on Internet search engines.
Revised UCC Article 9: Compliance Tips for Creditors and Debtors
Amendments to Article 9 of the Uniform Commercial Code, which deals with security interests in most types of personal property and fixtures, took effect on July 1, 2013. The authors describe the types of property and transactions to which Article 9 applies, explain key terms, and provide tips to help you counsel your creditor and debtor clients.
Patrick Fiedler: Seizing the Moment
Patrick Fiedler has practiced law in a score of settings. During his year as State Bar president, he’ll draw on those experiences as he works with the Board of Governors to arrive at decisions that are in the best interests of the Bar’s members and the legal profession as a whole.
webXtras
Limited Liability Entities: A Smart Way to Protect Your Law Practice
July 17, 2013 – A lawyer or group of lawyers may limit legal liability and minimize income tax and payroll tax costs by forming a business as a limited liability entity. In this video, Madison attorney Joe Boucher discusses why this is one aspect of running a business lawyers should not overlook.
Fiedler Ready For Next Challenge as 58th State Bar President
June 13, 2013 – Patrick J. Fiedler has come a long way since his first jury trial 33 years ago, and he has no intention of stopping now. Last night, the litigator and former judge took the oath to serve as the 58th president of the State Bar of Wisconsin.
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Opinions, Voices & Ideas
President's Message
Pro Bono – A True Story, Part 1
Your State Bar
They’re Everywhere
10 Questions
Tom Erickson: A Poet's Exchange
101
Deposition Techniques: Get Your Ducks in a Row
As I See It
Digital-Media Cases: Foretelling the Next Wave of Privacy Litigation
Ethics
Texting Potential Clients? Not a Good Idea
On Balance
5 Strategies to Avoid Burnout
Final Thought
Pay Progression for Public Sector Attorneys: Progress in the Right Direction
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Lawyer Discipline
Supreme Court Digest
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Sep
2013
Features
DNA Extraction on Arrest:
Maryland v. King
and Wisconsin’s New Extraction Law
Law enforcement officers now must obtain DNA samples from all persons arrested for felonies, but questions remain as to the law’s constitutionality in practice, despite a U.S. Supreme Court decision unholding a Maryland law against a Fourth Amendment challenge.
Casting a Wider Net: Health Information Privacy Is Not Just for Health Lawyers
Not only lawyers who concentrate on health care law but also many lawyers whose work merely brings them in contact with health information must understand new HIPAA regulations that rigorously affect privacy. New HIPAA regulations are effective Sept. 22, 2013.
Doing Business Overseas? Don’t Run Afoul of U.S. Foreign Corruption Laws
A company doing business outside the United States might be tempted to rely on the knowledge of local business people and agents, but doing so without caution and policies in place might result in the company violating the Foreign Corrupt Practices Act – a U.S. law that bars bribing foreign officials.
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Oct
2013
Features
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2013
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Opinions, Voices & Ideas
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Tis the Season
Your State Bar
A Holiday Gift Worth Receiving
101
Encryption Made Simple for Lawyers
As I See It
Job Interviews and the ADA: Addressing the Elephant in the Wheelchair
Ethics
ABA Rule Changes Emphasize Lawyers’ Duty of Confidentiality
Marketing
Centers of Influence: Six Steps to Structuring a Referral Program
Managing Risk
Save or Toss? What to Do With Client Files
Final Thought
Law School Rankings: Looking Behind the Wizard’s Curtain
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Dec
2013
Features
Mock Trial. Real Leaders.
Critical thinking. Problem solving. Public speaking. Teamwork. Since 1983, mock trial has helped more than 30,000 Wisconsin students instill leadership skills and lifelong memories. Here are some of their stories.
Top 8 Recent Wisconsin Federal Court Decisions
The article looks at eight significant Wisconsin federal court decisions interpreting Wisconsin law in 2013, encompassing common-law claims and statutory interpretations.
Top 9 Recent Wisconsin Supreme Court Decisions
The article highlights nine significant Wisconsin Supreme Court decisions from the 2012-13 terms, during which the court issued more than 40 substantive decisions.
webXtras
2013 Wisconsin Supreme Court Review
In this video, appellate lawyer Beth Ermatinger Hanan explains why she believes two cases in particular deserve inclusion in her December 2013 article “Top 9 Recent Wisconsin Supreme Court Decisions.” One case deals with surrogacy agreements and the nexus between family law issues and contract principles, the other deals with the standard by which a mental health patient may refuse involuntary medication.
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